B-1/B-2 Visa Rules That Confuse Applicants

1. B-1 versus B-2: What is the real difference, between the B-1 and the B-2?

• The B-1 and B-2 visas are usually given together as a combined B-1/B-2 stamp.. The B-1 visa and the B-2 visa actually cover different things that people do when they visit the United States.

• B-1 (Business): This is for business activities that do not involve getting a salary in the United States. The Business visa is used for things, like talking about contracts taking care of estates going to conferences or meeting with Business associates to discuss Business matters.

• B-2 (Tourism/Medical): For "personal" activities like sightseeing, visiting family, getting medical treatment, or participating in amateur (unpaid) sports or social events.

2. “B-1/B-2” Does NOT Mean You Can Work

People often get this wrong. The visa is really for visitor things it does not let you do other stuff. The visa is for people who are visiting that is all it is, for.

• You are not allowed to do things. For example you cannot take a job. You also cannot work for a U.S. Employer. This includes working from home for a company that is based in another country if the work you do is considered to be work for that company. Basically you cannot be employed by anyone. The rules say that you cannot have a job with a U.S. Employer no matter what. You are not allowed to work and get paid by a U.S. Employer even if you do the work, from else. The rule is simple: you cannot have a job.

• "Work" is broadly defined: Unpaid internships, "helping out" at a family's business, or performing for an audience (even unpaid) can be considered unauthorized work. The B-1 has very specific allowances for certain business activities, not employment.

A traveler at the airport holds up her passport confidently, ready for her journey, while navigating the complexities of B-1/B-2 visa regulations.

3. Length of Stay vs. Visa Validity

This is arguably the most confusing point.

• Visa Validity, which is usually ten years is the time period during which you can use your visa to ask for permission to enter the United States at a port. The Visa Validity does not decide how you are allowed to stay in the United States. It only tells you how long your visa is good for to request entry, at a U.S. Port.

• Length of Stay: Determined by the Customs and Border Protection (CBP) officer at your entry point. They write it on your I-94 form (available online). It's usually 6 months, but can be less. You must depart by the date on I-94. Overstaying violates your status and jeopardizes future visits.

4. Invitation Letter Guarantees Approval?

• That is not true. A lot of people who want to come to the United States think that if they get a letter, from a relative who's a U.S. Citizen it will be very helpful. In reality:

• When you go to see the officers they want to know about the things that keep you connected to your home country. They look at things like your job, the property you own and your family. The consular officers do this to make sure you will come back to your home country after you visit another country. The consular officers really want to know that you have reasons to return to your home country, like a job or property or family.

• An invitation letter can actually be a "double-edged sword" because it shows you have a support system that might help you stay in the U.S. permanently.

5. Multiple Entry ≠ Unlimited Stays

• If you have a Multiple Entry visa it means you can go back and visit times. But if you use your Multiple Entry visa, like you actually live there that is a way to lose your Multiple Entry visa.

• The rule of thumb is that you should spend least as much time outside of the United States as you do inside the United States. This rule of thumb is really important to remember when you are thinking about the United States and other countries. The rule of thumb can help you have an understanding of the world and the United States.

• If you stay for 5 months, leave for a week, and try to come back for another 5 months, the officer will likely suspect you are "living" in the U.S. and deny entry.

6. Medical Treatment on B-2 — Allowed but Limited

• You can go to the United States on a B-2 visa, for surgery. To get specialized care but you have to prove that the B-2 visa is really what you need for this kind of thing.

• You will need to get a diagnosis from a doctor, in your area that explains why you need care in the United States. The local doctor will tell you why you need to go to the United States for care. This diagnosis is very important because it shows that the medical care you need is not available where you live so you need to go to the United States to get the U.S. Care you need.

• A letter from a U.S. facility willing to treat you, including the estimated cost.

• Proof you can pay the bill in full (the U.S. is very strict about visitors becoming a "public charge").

7. Is it possible to study when you're, on a B-2 visa?

• No this is, for study. If you want to enroll in a degree program or take courses you will need a student visa, which is called an F-1 visa.

• Yes, for incidental study. A short recreational course (e.g., a 2-week cooking class, a weekend photography workshop) that is not the main purpose of your trip is generally permissible.

8. Rejection Doesn’t Mean a Ban

• A visa denial (under Section 214(b)) is NOT a ban. It means the officer was not convinced you qualified at that moment. You can reapply any time with stronger evidence of your ties.

• A ban is a formal, legal prohibition usually resulting from a serious violation like overstaying by more than 180 days (3-year ban) or more than one year (10-year ban), or fraud/misrepresentation.

Good Luck.