🛂 Understanding U.S. Visitor Visas (B-1/B-2) and Visa Waiver Restrictions
Generally, a foreign national 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 primary form used to apply for a non-immigrant visa is the DS-160, submitted online.
The visa allows the traveler to request permission to enter the United States at a port of entry—granted at the discretion of a U.S. Customs and Border Protection (CBP) officer.
✈️ Exceptions to the Visa Requirement
Some individuals may qualify for restricted visa-free travel based on nationality. Examples include:
- Citizens of Canada, Mexico, and Bermuda under specific conditions;
- Nationals of Visa Waiver Program (VWP) countries with approved ESTA travel authorizations.
🧳 B-1/B-2 Visitor Visas: Overview
🏢 B-1 Business Visitor Visa
For individuals traveling temporarily to the U.S. for business-related purposes.
Permitted B-1 Activities Include:
- Consulting with business associates
- Attending scientific, educational, professional, or business conferences and trade shows
- Participating in short-term, unpaid training
- Negotiating contracts or forming business relationships
- Conducting market research or feasibility studies
- Engaging in sales activity (non-U.S. goods only)
- Participating in exhibitions (no direct sales allowed)
- Settling an estate or handling inheritance matters
- Attending board of directors’ meetings
- Transiting through the U.S. en route to another destination
🔹 Note: Employment in the United States or payment from a U.S. source is generally not allowed under the B-1 classification.
🏖️ B-2 Tourist Visa
For individuals traveling for pleasure, tourism, or medical purposes.
Permitted B-2 Activities Include:
- Tourism and vacations
- Visiting friends or relatives
- Receiving medical treatment
- Attending social events hosted by service or fraternal organizations
- Participation (unpaid) in amateur musical, sports, or similar events
- Enrolling in a short, recreational course of study (e.g., a two-day cooking class), not for credit toward a degree
🚫 Activities NOT Permitted Under B-1/B-2 or Visa Waiver Travel
The following activities are not allowed under the Visa Waiver Program or B-1/B-2 visas:
- Formal study for credit (e.g., degree programs)
- Employment in the U.S. by U.S.-based companies (including freelance or contract work performed while in the U.S.)
- Journalistic activity (press, radio, film, etc.)
- Establishing or maintaining ongoing U.S. residence
👨💼 Personal or Domestic Employees (B-1 Visa Use)
A B-1 visa may be used by personal or domestic employees, if all eligibility criteria are met and the employee is accompanying or joining:
- A U.S. citizen employer stationed abroad but temporarily visiting or assigned to the U.S.; OR
- A foreign national employer lawfully in the U.S. under specific non-immigrant statuses.
📝 Important Considerations
- B-1/B-2 visas are issued for temporary stays only.
- Applicants must demonstrate strong ties to their home country, and that they intend to depart the U.S. after their visit.
- Interpretation of permitted activities may vary—consult with an immigration attorney for tailored advice on your case.
- Final visa classification is determined by a U.S. consular officer, based on your purpose of travel and supporting documents.
✔️ Example Use Cases
| Purpose of Travel | Visa Type |
|---|---|
| Attending a business meeting | B-1 |
| Visiting family on vacation | B-2 |
| Participating in a 2-day cooking class during a vacation | B-2 |
| Negotiating a supply contract | B-1 |
| Seeking medical treatment in the U.S. | B-2 |
| Participating (unpaid) in an amateur sports tournament | B-2 |
Last Revision: March 2025.