Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. The visa application is submitted online through the DS-160.
The visa allows a foreign citizen, to travel to the United States port-of entry and request permission of the U.S. immigration inspector (a CBP officer) to enter the U.S. There are some exceptions, which allow certain, restricted visa-free travel for Citizens of Canada, Mexico, Bermuda and participating nations of the Visa Waiver Program (VWP/ ESTA)
The “visitor” visa is a non-immigrant visa for persons desiring to enter the United States temporarily for business (B-1), for pleasure or medical treatment (B-2), or combinationof both (B-1/B-2) purposes. The following is a list of sample types of activities which are permitted: (others may also apply)
Business (B-1):
- consult with business associates, make presentations to potential customers/ clients/ business partners, etc.
- attend a scientific, educational, professional, or business convention or conference, trade-show, industry-expo, etc.
- attend short-term training (you may not be paid by any source in the U.S. with the exception of expenses incidental to your stay)
- enter into negotiations for a contract (to provide products/services in the future), enter into business/ trade relationships, etc.
More specifically, under the terms of a B-1 visitor visa to the United States, permissible activities generally include:
- Business meetings: Attending conferences, seminars, or business meetings.
- Negotiations: Engaging in negotiations or signing contracts.
- Consultations: Consulting with business associates, clients, or colleagues.
- Conferences and conventions: Attending conventions, conferences, or trade shows.
- Market research: Conducting market research or feasibility studies.
- Sales activities: Engaging in sales activities for products or services not produced in the United States.
- Training: Participating in short-term training programs.
- Exhibitions: Attending exhibitions or trade fairs (not for direct selling).
- Settling estates: Settling an estate or discussing will or inheritance matters.
- Transiting: Transiting through the United States on the way to another destination.
- Board of directors’ meetings: Attending board meetings as a board member of a U.S. company.
- Scientific, educational, professional, or business activities: Engaging in activities related to science, education, or professional/business exchanges.
SPECIFIC LIMITATIONS AND RESTRICTIONS:
- It’s important to note that the B-1 visa is not intended for gainful employment or full-time work in the United States. The activities permitted should be temporary, and the visitor should maintain their primary employment and residence outside of the United States.
- Please keep in mind that the interpretation of permissible activities may vary, and it’s always recommended to consult with an immigration attorney for more precise guidance related to your specific situation.
Tourism or Visiting (B-2):
- tourism, travelling for pleasure / recreation
- vacation (holiday)
- visit with friends or relatives
- seek and undergo medical treatment
- participation in social events hosted by fraternal, social, or service organizations
- participation by amateurs in musical, sports, or similar events or contests, as long as not being paid for participating
- enrollment in a short recreational course of study, not for credit toward a degree(for example, a two-day cooking class while on vacation)
Travel Purposes Generally Not Permitted on Visa Waiver Program or under B1/B2 Visa – Examples:
- study, for credit (language courses are generally permitted)
- employment (by U.S. entities while in the U.S.) — generally does not include remote work in the U.S. for FOREIGN employers outside the U.S.
- work as foreign press, radio, film, journalists, or other information media
- ongoing residence in the United States
Business Visitor Visas (B-1) – For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel.
Personal or Domestic Employees: Under immigration law, visitor visas are limited to the following circumstances, for personal or domestic employee purposes of travel to the U.S. A visitor (B-1) visa is appropriate when all eligibility requirements are met, for a personal or domestic employee who accompanies or follow to join: 1) A U.S. citizen employer having a permanent home or is stationed in a foreign country, who is visiting or is assigned to the United States temporarily; OR 2) A foreign citizen employer in the United States in certain types non-immigrant visa status.
Pleasure, Tourism, Medical Treatment – Visitor Visas (B-2) – As examples, if the purpose of your planned travel is recreational in nature, including tourism, vacation (holiday), amusement, visits with friends or relatives, rest, medical treatment, activities of a fraternal, social, or service nature, and participation by amateurs, who will receive no remuneration, in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for your travel. If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational (and not for credit towards a degree), and the course is less than 18 hours per week, this is permitted on a visitor visa. As an example, if you are taking a vacation to the U.S., and during this vacation you would like to take a two-day cooking class for your enjoyment, and there is no credit earned, then this would be permitted on a visitor visa. A consular officer will determine the visa category you will need based on the purpose of your travel, and your supporting documentation.