Temporary (Nonimmigrant) Visas

B-1 Visitor for Business

The Visitor for Business may be participating in conventions, negotiating contracts, consulting with associates, litigating, etc, just so long as the commercial transactions do not involve actual employment and compensation for such employment.

Who is Eligible for a B visa:

Business visitors aliens and alien visitors for pleasure are covered under the B visa.
What is the eligibility criteria for B-1 and B-2 visas:
Both the Business visitor and the Visitor for Pleasure must meet the following criteria besides meeting the specific requirements listed above for each category.
* The person must be coming to the United States temporarily only.
* The person intends to depart the U.S. at the expiration of the authorized visit.
* He or she must have a foreign residence that he or she has no intention of  abandoning.
* The person has adequate financial resources to travel to, reside in, and depart    from the U.S.
* The person must not engage in skilled or unskilled labor, study, or work as a representative of  
    foreign press, radio, film or other foreign information media

Authorized Period of Stay

Under the B visas, usually the period of authorized stay is up to one year on initial entry to this country. Extensions of stay can be granted for up to six months at a time. The period of validity of a person's B visa only represents the period of time in which he or she can board a vessel and arrive at the U.S. border to apply for admission to the U.S. Once at the border, the INS determines how long it will permit the person to stay in the U.S.

Application Procedures

Where and How to apply:
Persons seeking to make business or pleasure trips to the United States must apply for a B visa at an U.S. consulate. It is not necessary to obtain special permission from the INS in the U.S. before a visa is issued. For most countries, Europe for example, the visa can be issued for a period of validity up to ten years and for an unlimited number of entries.

To apply for a B-1 or B-2 visa the person seeking to come to the United States submits the nonimmigrant visa application form, OF-156, to an U.S. consulate. Besides the application, both business visitors and visitors for pleasure need to submit a valid passport, a photograph, any application fees, and supporting documentation. 

In B-1 cases, the application is accompanied by a letter from the person's employer specifying the business need for the trip, including concrete itineraries and scheduled meetings or appointments.

In B-2 cases, the application is often accompanied by a letter from a U.S. friend or relative sponsor inviting the alien to the United States, and evidence of concrete plans, such as hotel reservations, tour arrangements, or itineraries, if applicable.

For both B-1 and B-2 visas, it is important to show evidence that the person has adequate financial arrangements for the period of stay, and that he or she will not resort to work in the United States.

The amount and type of evidence necessary to accompany the application depend on the person's personal and employment situation at home and the nature of his or her plans in the U.S. The person who has obtained a visa from the consulate then presents himself at the U.S. border for admission. The immigration officer has the authority to deny admission if he believes that the person is not a bona fide nonimmigrant or that he or she intends to remain in the U.S. permanently. The visa could also be canceled at the border if the person had prior overstays. However, the person may in some circumstances be able to seek a waiver of the ground for denial of admission, or he or she may withdraw the application to avoid being removed and subjected to future bars of admission.

How to extend the B visa:

To obtain extension of a B visa the person must file an application with the INS Service Center with jurisdiction over the person's place of residence. He or she must use Form I-539 and also submit a letter from the employer (for business visitors) or from the person or her relatives (for visitors for pleasure), explaining why the extension is necessary. Additional evidence of financial means should also be submitted for extensions of the B-2 visa.

Overstaying the Period of Authorized Stay:

Failure by a person to abide by the terms and conditions of a B visa make the person deportable for violating his or her status.
A person who falls out of status must depart the U.S. immediately and may be able to make a new application for admission. Persons who do not leave voluntarily and those who are determined to have committed fraud or willful misrepresentations on initial admission are not allowed to come back.

The B-Visa Waiver Pilot Program:

This program waives the visa requirement for business and tourists of certain countries. The program is presently scheduled to expire on April 30, 2000. 

The countries on the current visa waiver list are: 

Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden, Switzerland, and United Kingdom. The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom.
A person from any of these countries must present a passport and must possess a round-trip ticket. The person can only arrive at a port of entry on a carrier that has entered into an agreement guaranteeing the alien's departure, therefore the person cannot enter the U.S. by private car under this program.

What if my family members want to join me in the United States?
Immediate family, spouse and children under 21 years of age can accompany you under the H-1B visa and will be granted an H-4 visa. If an H-4 visa is not feasible, family members can accompany you with a B-2, visitors for pleasure visa.

What happens if I change my employment?

An amended petition must be filed when material changes occur.
Material changes occur when your job duties change significantly to the extent the duties are no longer those of the position identified on the original petition and the supporting LCA; when the H-1B employer merges with another company creating a third entity which will subsequently employ you; when you are transferred to a different legal entity within the employer's corporate structure; when a new labor condition application is required by the DOL, such as when the H-1B worker is assigned to a location in an area of employment not listed on the original LCA or when there is a change in the employer's tax identification number.

You do not have to file an amended petition when a change in job title occurs without significant change in job duties; when there are minor changes in job duties that do not affect the basic requirements of the job being performed by the H-1B worker; when a promotion to a higher position within the same occupation occurs provided that you are required to utilize the same academic training as was required in the former position; when there is a change in salary, unless the change is so dramatic that it indicated a significant change in responsibility or duties; when there is an assignment to a new location for which a new LCA is not required; when there is a change in your name; when there is a change in ownership structure provided the new owner is a U.S. employer and assumes substantially all of the assets and liabilities of the employer which filed the original petition; or there is a change in corporate structure resulting from a consolidation of one of more companies into another company. 
If an amended petition is filed it must be accompanied by a new LCA. However, where an LCA exists an another worksite transfer to that worksite does not require an amended petition.

When you change employers and want to continue maintaining your H-1B status the case is treated as an extension of stay.

The new employer must file Form I-129 and indicate that the case involves new employment. 
The new employer must submit the standard filing fee of $110.00 plus the special H-1B fee of $500.00 in a single remittance of $610.00 made payable to the INS.

You need to submit all the documentation as if this was a new petition. 
Your H-4 family members do not have to act.

If you have H-1B status for one employer and you want to work for a new employer the second employer must file Form I-129 and H supplement to obtain INS permission for the employment.
In the second new employment, the employer must submit the standard filing fee of $110.00 plus the special H-1B fee of $500.00. The new H-1B fee is applicable if the petition is the first ever H-1B filing by that employer for you. When the fee is applicable, the required $110.00 filing fee and the additional $500.00 fee in a single remittance of $610.00 must accompany the H-1B petition made payable to the INS.

Examples of Necessary Supporting Documentation

What documents need to be submitted for a business professional currently in H-4 status who will be petitioned for H-1B status?

The H-1B petition for a business professional, for example the Director, Marketing New Products for a Pharmaceutical Company needs to include Form I-129 and H Supplement. Form I-129 requests information about the employer who is filing this petition; information about the petition; information about the business professional and basic information about the proposed employment and employer. The H Supplement requests information about the employer who is filing the H-1B petition. Information about the proposed duties for the business professional, his present occupation, and summary of work experience is requested. The Rider to Form I-129 needs to be submitted. This form includes information about the business professional's U.S. immigration status during the last seven years before this application. You will include the initial date of entry, dates of employment, the company name and address, your residential address, and your immigration status, currently H-4 status and prior L-1 status. The employer needs to complete and submit the labor condition application. The employer needs to write a letter of support on your behalf. The letter of support should give information about the company, dates of operations, functions, how many people it employs and the gross revenue for that year. Additionally, the business professional's job duties and credentials should be discussed in detail. Here, the employer should discuss how the prior professional's employer successfully petitioned him under L-1 category and the duties he maintained. The H-1B petition also includes documentation about the professional's credentials. Evaluation reports of the diploma from the Diploma Evaluation Services should be included along with copies of the actual degrees and transcripts (include translations of documents if appropriate) foreign credentials. 

Here, a copy of Form I-797 needs to be submitted, the approval notice showing the professional's present H-4 status; a copy of Form I-94 the arrival-departure record previously issued to the professional; the standard filing fee of $110.00 plus special H-1B fee of $500.00 in a single remittance of $610.00; Form I-539 for family members; copies of Form I-94 for each family member; and filing fee of $120.00 for Form I-539. 

What documents need to be submitted for a business professional, Vice President of Marketing, who will be petitioned for H-1B status?

To file an H-1B petition for a business professional who will be petitioned by the company Health Foods International for the Vice President of Marketing position, you Form I-129 and H Supplement need to be submitted. The labor condition application (LCA) needs to be completed and submitted by Health Foods International. Health Foods International needs to provide a letter of support on behalf of the business professional. This letter of support needs to provide information about the company. A description of the company, the numbers of people the company employs and the gross annual sales of the company. The position offered to the business professional, his credentials along with supporting evidence, academic accomplishments, prior relevant work experience and training, and salary benefits need to be discussed. Additional documentation includes evaluation reports from the Diploma Evaluation Services detailing degree equivalency. Copies of actual degrees and transcripts (translations of documents if applicable); letters from the professional's previous employers listing capacity in which they knew the profession and giving details of the duties and training or experience gained; Form G-28, notice of appearance (if applicable); and the standard filing fee of $110.00 plus special H-1B fee of $500.00 in a single remittance of $610.00.

What documents need to be submitted for a scientist who will be petitioned for H-1B status?

If the scientist, Mr. Jones, is going to be petitioned by, Telecomm Information Corporation for H-1B status Form I-129 and H Supplement need to be submitted. The labor condition application needs to be completed and submitted by Telecomm Information Corporation. Telecomm Information Corporation needs to provide a letter of support on behalf of Mr. Jones. The letter must provide information about the Corporation and its services. The type of employment being offered to Mr. Jones should be outlined along with job duties and educational background. Mr. Jones' credentials along with prior research experience should be discussed. An evaluation of Mr. Jones' credentials should be submitted from the Diploma Evaluation Services. This report should explain that Mr. Jones' credentials are equivalent to the necessary degrees in the United States. Additionally, the H-1B petition should include copies of Mr. Jones' actual degrees and transcripts (and translations of documents if appropriate); letters from Mr. Jones's previous employer listing the capacity in which he knew Mr. Jones and giving details of the duties and training or experience gained; Form G-28, notice of appearance (if applicable); and the standard filing fee $110.00 plus special H-1B fee of $500.00 in a single remittance of $610.00.

Alternatives to H1-B

What if I do not qualify for H-1B status? What other nonimmigrant or immigrant categories can I consider? 

If you are a manage and executive, and have been employed abroad with an affiliate of the United Sates employer for one continuous year within the previous three years consider applying under the L-1 category.
If you as an employee will have a temporary position in the United States and your employer's need is to hire someone with your skills on a temporary basis you can apply under the H-2B category.

You can apply under the H-3 or J-1 category if the purpose of the United States employment is to familiarize you to the United States business methods or to teach you about the company's own practices, procedures, or products.

You can apply under the O-1 category if your specialty occupation is classifiable in the sciences, arts, business, or education. You must show that you have extraordinary ability in your field.

You can apply under the E-1 or E-2 category if the employer is from a country that has a treaty with the United States, if you are a citizen of the same treaty country, and if you are going to work in a managerial, executive, supervisory, or essential skills position.

You can apply under the F-1 visa if you are a foreign student who is coming to the United States to pursue a full course of study in any educational program (elementary, high school, bachelor's or master's degree, doctoral or post-doctoral program).