B–1/WB Visitor Visa Status
B–1/ B–2 Visitor Visa Status:
These are visitors for business and pleasure/tourism, respectively. The Immigration and Nationality Act describes a person who qualifies for B-1/B-2 status as:
an alien (other than one coming for the purpose of study or performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;
The Code of Federal Regulations gives the following definition for “business:”
The term “business” refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire.
Individuals who enter the U.S. for the purpose of Business (B-1 Visa) or Pleasure/Tourism (B-2 Visa) need to be aware of the following regulations, especially if they plan to take a course of study:
- Individuals holding B-1/B-2 visa status are not allowed to undertake a course of study in the U.S.
- Individuals holding B-1/B-2 visa status are not eligible to apply for a change in visa status to an F-1 student immediately after entry into the U.S. This is due to change of status (COS) processing restrictions based on the intent to study at the time of entry to the U.S. A change of status is possible after a 60-90 day stay, if it can be clearly shown that the COS applicant did not intend to study at the time of entry. The only exception to the change of status restriction immediately after entry, is to apply for a B visa with the purpose of the visit being a “prospective student”. This is not recommended unless absolutely necessary, due to the risk of denial at the port of entry, in addition to providing convincing documentation. All required documents supporting student intent and financial ability must be provided to the Consular Officer or CBP Officer (for Canadian citizens). “Prospective student” activities typically include: visiting the schools to which one is interested in applying or visiting schools to which one has been admitted. Individuals admitted with B-1 or B-2 status will not be allowed to begin a program of study until they have been granted F-1 student status. This is accomplished by applying to the USCIS on Form I-539, which may take 2-3 months. Before you apply for a visa or entry to the U.S., see the Foreign Affairs Manual notes at 9 FAM 41.61 N16.2, N16.3, N16.4, and N16.5.
- Students coming to the U.S. for activity (including classwork) related to their educational programs may be required by a U.S. consular officer to use an F student visa or J (educational exchange) visa. Activity such as research, consultation, or observation which is generally appropriate for B–1 visas may require an F or J visa if the applicant is a student. The consular officer makes the decision.
- Researchers coming to the U.S. for personal research (B-1 or B-2) must be self-funded with personal or overseas funding sources. United States-based payments may require J or H visa status (except B-1 honoraria).
To Apply for a B-1/B-2 Visa
The visitor will need to go to a U.S. embassy or consulate to apply for an entry visa stamp. The U.S. Department of State recommends that visa applicants apply at a U.S. consulate in their home country.
- If the visitor will receive a payment from the University of Minnesota, he/she needs to bring the University of Minnesota letter of invitation (Sample Letter), proof of funding and/or support and their passport when applying for the visa. If the entry visa is granted, the visa stamp is then placed in the applicant’s passport.
- If the visitor will cover their own expenses or be supported by an individual in the U.S., please refer to Inviting Family Members to the US for more information about a different invitation letter and providing proof of financial support.
Canadian citizens do not need to go to a U.S. embassy or consulate to apply for a visa. They can go to the U.S. border and request entry into the U.S. as a visitor for business. The Canadian citizen presents at the U.S. border:
- Proof of Canadian citizenship (passport—see Western Hemisphere Travel Initiative)
- Letter of invitation from the University of Minnesota department, if they will receive honoraria payment or incidental expenses from the University of Minnesota.
Status in the U.S.
Individuals entering the U.S. for the purpose of business (B-1) or pleasure (B-2) will be limited in terms of the length of time they will be allowed to stay. The U.S. inspecting officer will determine the length of time allowed a B-1 business visitor based on what is "fair and reasonable for the completion of the purpose of the visit." Individuals should provide documentation when possible that verifies the purpose of their visit and the time period desired/needed for their stay in the U.S. A B-1 visitor getting an honorarium is limited to 9 days per visit (5 visits every 6 months). A B-2 visitor for pleasure is admitted for 6 months unless limited by a supervisory inspector.
A B-1 or B-2 visa holder may file an extension request on Form I-539 with the U.S. Citizenship and Immigration Services (USCIS). See: www.uscis.gov (click on “Forms”, then scroll down to “I-539”) if an extension is desired. An I-539 application must include: evidence documenting the need for the extension, evidence of financial resources to continue the temporary stay and documentary evidence that the applicant is maintaining residence status abroad. Please read the instructions carefully.
Connecting with your Host Department
In order to receive payment from the University of Minnesota, visitors must meet certain criteria. This information can be found at: Payment for B/WB (Visa) Status.
If the criteria will be met, visitors must follow the procedures below when entering the U.S. on a B-1/B-2 visa (Canadian citizens, see above information):
- Visitor needs to receive a letter of invitation from the University of Minnesota department. The letter of invitation needs to include: statement of invitation, exact dates of visit, purpose of the trip, activities during visit, is funding provided, if no funding is provided what is the funding (i.e. personal funds, etc.) See Sample Letter.
Visitor needs to present to the U.S. Customs and Border Protection officer:
- Visitor goes to the U.S. Embassy (outside the U.S.) to apply for the B–1/B–2 visa.
After arrival in the U.S., the visitor and the hosting Department need to complete documentation for the payment to occur. Instructions and forms can be found at: Payment for B/WB (Visa) Status
- Passport and B–1/B–2 entry visa
- University of Minnesota Letter of Invitation
- Proof of funding and/or support
Last Update: May 5, 2011