B visa - Biblioteka.sk

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B visa
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B-1/B-2 visa for a national of Argentina

A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.

Acceptable and prohibited uses of a B-1 or B-2 visa

Acceptable uses of a B-1 visa

Under the category of temporary visitor for business, a B-1 visa may be used to enter the U.S. to engage in any of the following activities.[1]

  • Hold business meetings[2]
  • Perform certain business functions as a member of the board of directors of a U.S. corporation[3]
  • Purchase supplies or materials
  • Interview and hire staff
  • Negotiate contracts, sign contracts, or take orders for products manufactured outside the United States[4][2]
  • Attend a convention, meeting, trade show, or business event for scientific, educational, professional, or business purposes[4][2]
  • Settle an estate[5]
  • Perform independent research[4][2]
  • Receive practical medical experience and medical instruction under the supervision and direction of faculty physicians at a U.S. medical school's hospital as part of a third-year or fourth-year internship as long as the visitor is a studying at a foreign medical school and the visitor is not compensated by the hospital without remuneration from the hospital[3]
  • Observe U.S. medical practices and consult with medical colleagues on techniques, as long as the visitor is a medical doctor, the visitor receives no compensation from a U.S. source, and the visitor does not provide patient care while in the U.S.[3]
  • Take photographs, as long as the visitor is a professional photographer and the visitor receives no compensation from a U.S. source[3]
  • Record music, as long as the visitor is a musician, the recording will be distributed and sold only outside the U.S., and the visitor will give no public performances[3]
  • Create art, as long as the visitor is a creative artist, the visitor is not under contract with a U.S. employer, and the visitor does not intend to regularly sell such artwork in the U.S.[3]
  • Perform certain professional services[6]
  • Perform as a professional entertainer as part of a cultural exchange program performed before a nonpaying audience and funded by visitor's country[2]
  • Perform as a professional entertainer as part of a competition for which there is no compensation other than travel expenses or, in certain limited instances, a prize[2]
  • Perform work as crew on a private yacht that sails out of a foreign home port and cruises in U.S. waters[2]
  • Perform services on behalf of a foreign-based employer as a jockey, sulky driver, horse trainer, or horse groomer[3]
  • Compete in a particular athletic competition[4] with the only compensation being prize money as long as the prize money is not the recipient's primary source of income[2]
  • Try out for a professional sports team[4] as long as the visitor is not compensated other than reimbursement of travel expenses[2]
  • Participate in an athletic tournament or athletic sporting event as a professional athlete, as long as the visitor's only compensation is prize money, the visitor's principal place of business or activity is outside the U.S., the visitor's primary source of income is outside the U.S., and the visitor is either part of an international sports league or the sporting activities involved have an international dimension[3]
  • Survey potential sites for a business[4]
  • Perform as a lecturer or speaker[4]
  • Work for a foreign exhibitor in connection with exhibits at international fairs or international exhibits, as long as the visitor's employment responsibilities are primarily outside the U.S.[2]
  • Install, service, or repair commercial or industrial equipment or machinery that was sold by a non-U.S. company to a U.S. buyer when specifically required by the purchase contract; construction work is not allowed[4][2]
  • Perform a minor amount of volunteer services, excluding construction, for a religious organization or a nonprofit charitable organization, as long as volunteering is not the primary purpose of entering the U.S.[2]
  • Participate in a training program that is not designed primarily to provide employment[4]
  • Observe how a business operates or how professional activities are conducted[2]
  • Seek investments in the U.S., without actually performing productive labor or actively participating in the management of a business[2]
  • Participate in Peace Corps training as a volunteer or under contract[2]
  • Participate in the United Nations Institute for Training and Research internship program, as long a foreign government does not employ the visitor[2]
  • Drill for oil on the Outer Continental Shelf[2]
  • As a minister of religion, engage in an evangelical tour, as long as the visitor does not intend to take an appointment with any one church and the visitor will be supported by offerings contributed at each evangelical meeting[3]
  • As a minister of religion, temporarily exchange pulpits with U.S. ministers of religion, as long as the visitor will continue to be reimbursed by a foreign church and will not be compensated by the U.S. church[3]
  • Perform missionary work, religious instruction, religious aid to the elderly or needy, or religious proselytizing as a member of a religious denomination, as long as the work does not involve the selling of articles, the solicitation of donation, the acceptance of donations, administrative work, or is a substitute for ordinary labor for hire, and the visitor will not be compensated from U.S. sources other than an allowance or other reimbursement for travel expenses incidental to the temporary stay[3]
  • Participating in an organized project conducted by a recognized religious or nonprofit charitable organization that benefits U.S. local communities, as long as the visitor is a member of, and has a commitment to, the particular organization, the visitor receives no compensation from a U.S. source other than reimbursement of travel expenses[3]
  • Work as a personal employee or a domestic employee of an employer who seeks admission into, or who is already in, the United States in B, E, F, H, I, J, L, M, O, P, Q, or R non-immigrant status, if and only if the employee has been employed outside the U.S. in a similar capacity prior to the date the employer enters the U.S., the employee has a residence outside the U.S. that the employee has no intention of abandoning, the employer compensates the employee based on the prevailing wage, and the employer provides the employee free room and board.[7][8]
  • Work as a personal employee or a domestic employee of a U.S. citizen employer, if and only if the employer ordinarily resides outside the U.S.; the employer is traveling to the U.S. temporarily; the employer is subject to frequent international transfers of at least two years; the employer will reside in the U.S. for no more than four year as a condition of employment; the employer has regularly employed a domestic employee in the same capacity while outside the U.S.; the employee has a minimum of one year of experience in the same capacity; the employer provides the employee with the prevailing wage, room, board, and round-trip transportation; and the employee has a residence outside the U.S. that the employee has no intention of abandoning.[9][10]

Acceptable uses of a B-2 visa

Under the category of temporary visitor for pleasure, a B-2 visa can be used to enter the U.S. to engage in any of the following activities.

  • Travel within the U.S.[3]
  • Visit family or friends
  • Participate in a convention, a conference, or a convocation of a fraternal, social, or service nature[3]
  • Obtain medical treatment, as long as the visitor has the means to pay for it[3][11]
  • Enroll in a short, recreational course of study, as long as it is not credited toward a degree[3]
  • Participate in an event, talent show, or a contest as an amateur, as long the visitor is not typically compensated for such participation and the visitor does not actually receive payment, other than reimbursement of travel expenses[3]
  • Enter as a dependent of an alien member of any branch of the U.S. Armed Forces temporarily assigned for duty in the U.S.[3]
  • Accompany a person with either a D-1 visa or a D-2 visa with the sole purpose of accompanying the person[3]
  • Enter with the intent of becoming engaged, meeting the family of a fiancé, making arrangements for a wedding, or renewing a relationship with a fiancé[3]
  • Enter with the intent of marrying a U.S. citizen and then return to a residence outside the U.S. after the marriage[3]
  • Accompany a spouse or child who is a U.S. citizen on a temporary visit to the U.S.[3]
  • Enter as a cohabiting (unmarried) partner of a non-immigrant visa holder if the partner is not otherwise eligible for derivative status under the partner's visa classification.[3]

Prohibited uses

A person who enters the U.S. with a B-1 visa or a B-2 visa is prohibited from engaging in any of the following activities.

  • Employment, whether paid or unpaid (some exceptions apply)
  • Receive education that credits to a degree
  • Arrive in the U.S. as a part of a crew of a ship or an aircraft
  • Work as a journalist or other information media
  • Perform before a paying audience
  • Live permanently or long-term in the U.S.
  • Manage a business located in the U.S.[4]
  • Start a new branch, subsidiary, or affiliate of a foreign employer[2]
  • Enter the U.S. with the purpose of performing emergency response services[2]

Requirement to overcome presumption of intending immigrant

Under section 214(b) of the Immigration and Nationality Act, a foreigner must prove to the satisfaction of the consular officer his or her intent to return to his home country after visiting the United States. The act specifically states:[12]

Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).

In practice, this means that consular officers have wide discretion to deny a visa application. Once refused, there is no judicial or other means to challenge a visa decision. The foreigner, however, is free to apply for a visa again, particularly if circumstances have changed that might show to the consular officer that the applicant overcomes the presumption of being an intending immigrant.[13]

Cost

All applicants for a B-1 and/or B-2 visa must pay an application fee, US$185 as of 2024.[14] If the application is approved, nationals of a few countries must also pay an issuance fee, based on reciprocity, varying by nationality, desired visa validity, number of entries and visa subtype (B-1, B-2 or combined B-1/B-2).[15]

As of 2024, only nationals of the following countries must pay the issuance fee.[15]

Country Issuance
fee (USD)
Entries Validity Notes
 Cameroon 35 multiple 6 months
215 multiple 1 year
 Central African Republic 40 multiple 1 year
 Comoros 0 1 2 months
282 multiple 1 year
 Djibouti 155 multiple 1 year
 Gambia 15 multiple 5 years
 Malawi 0 1 3 months
35 multiple 6 months
115 multiple 1 year
 Myanmar 0 1 3 months For B-2 or B-1/B-2.
415 multiple 1 year For B-1 only.
 Nauru 0 multiple 5 years For B-1 only.
7 1 3 months For B-2 only.
 Papua New Guinea 0 1 6 months
165 multiple 1 year
 Turkmenistan 0 multiple 3 months
90 multiple 6 months
330 multiple 1 year

History

Before 1994, there was no application fee, and only the issuance fee was charged, varying by nationality based on reciprocity.[16] In 1994, the application fee was introduced for all applicants, in addition to the reciprocal issuance fee, to pay for the more costly machine-readable visas, which replaced the older stamped visas around that time.[17] The application fee was initially US$20, and has increased several times since then.

Changes in application fee
Date Application
fee (USD)
16 May 1994[17] 20
1 February 1998[18] 45
1 June 2002[19] 65
1 November 2002[20] 100
1 January 2008[21] 131
4 June 2010[22] 140
13 April 2012[23] 160
17 June 2023[24][25] 185

Validity period and duration of stay

US B visa validity period per country
  United States
  10 years
  4–5 years
  2–3 years
  12–15 months
  3–6 months
  1 month–5 years (depending on issuance fee or visa subtype)

As with other non-immigrant U.S. visas, a B-1/B-2 visa has a validity period (from 1 month to 10 years), allows for one, two, three or multiple entries into the U.S., and elicits a period of stay (maximum 6 months) recorded by the Customs and Border Protection officer at the port of entry on the individual's form I-94. The validity period determines how long the visa may be used to enter the U.S., while the period of stay determines how long the person may stay in the U.S. after each entry.

Validity periods per country are listed in the U.S. Department of State visa reciprocity tables and vary from 1 month for Tuvalu (for B-1), 1 year for Vietnam, 2 years for Ethiopia, 3 years for Russia, and 5 years for Nigeria, to 10 years for China, India, Philippines, and most countries in the Americas and Europe. For some countries, longer validity periods are available for higher issuance fees or for B-1 or B-2 only.

Periods of stay for B-1 visas may be granted initially for a duration long enough to allow the visitor to conduct their business, up to a maximum of 6 months, and can be extended for another 6 months;[26] stays with B-1 visas are usually granted for three months or less, while stays with B-2 visas are generally granted for six months.[27] Extensions are possible, provided the individual has not violated the conditions of admission.[28]

A Border Crossing Card (BCC), also called a laser visa, has a 10-year validity and functions as both a BCC and a B-1/B-2 visitor's visa. The BCC is only issued to nationals of Mexico who apply for a visa inside Mexico.[29]

Validity of B visas by nationality, as of 2024:[15][30]

Zdroj:https://en.wikipedia.org?pojem=B_visa
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Country Issuance fee (USD) Entries Validity Notes
Afghanistan 0 multiple 1 year
Albania 0 multiple 10 years
Algeria 0 multiple 2 years
Andorra 0 multiple 10 years May also enter without a visa, with ESTA.
Angola 0 multiple 2 years
Antigua and Barbuda 0 multiple 10 years
Argentina 0 multiple 10 years
Armenia 0 multiple 10 years
Australia 0 multiple 5 years May also enter without a visa, with ESTA.
Austria 0 multiple 10 years May also enter without a visa, with ESTA.
Azerbaijan 0 multiple 1 year
Bahamas 0 multiple 10 years May also enter without a visa if traveling directly from the country through airport preclearance and holding a police certificate showing no criminal record.
Bahrain 0 multiple 10 years
Bangladesh 0 multiple 5 years
Barbados 0 multiple 10 years
Belarus 0 multiple 1 year
Belgium 0 multiple 10 years May also enter without a visa, with ESTA.
Belize 0 multiple 10 years
Benin 0 multiple 3 years
Bhutan 0 1 3 months
Bolivia 0 multiple 10 years
Bosnia and Herzegovina 0 multiple 10 years
Botswana 0 multiple 10 years
Brazil 0 multiple 10 years
Brunei 0 multiple 10 years May also enter without a visa, with ESTA.
Bulgaria 0 multiple 10 years
Burkina Faso 0 multiple 5 years
Burundi 0 1 3 months
Cambodia 0 2 3 months
Cameroon 35 multiple 6 months
215 multiple 1 year
Canada 0 multiple 10 years May also enter without a visa or ESTA.
Cape Verde 0 multiple 5 years
Central African Republic 40 multiple 1 year
Chad 0 1 3 months
Chile 0 multiple 10 years May also enter without a visa, with ESTA.
China 0 multiple 10 years Electronic Visa Update System registration is required free of charge for 10-year validity B visa holders.
Chinese Communist Party members and their spouses and children under age 21 will be issued B visa good for single entry with 1-month validity.
Colombia 0 multiple 10 years
Comoros 0 1 2 months
282 multiple 1 year
Congo 0 multiple 2 years
Costa Rica 0 multiple 10 years
Croatia 0 multiple 10 years May also enter without a visa, with ESTA.
Cuba 0 1 3 months For B-1/B-2 only.
0 1 6 months For B-1 only.
0 multiple 5 years For B-2 only.
Cyprus 0 multiple 10 years
Czech Republic 0 multiple 10 years May also enter without a visa, with ESTA.
Democratic Republic of the Congo 0 multiple 2 years
Denmark 0 multiple