All posts by Cheng, Cho, & Yee, Immigration Lawyers

Your Guide to the B-2 and B-1 Visa Process

Passport book with Visa paper open on red and white stripes

If you want to enter the U.S. for a certain period of time, you may seek either the B-1 visa process if you’re entering for business purposes or the B-2 visa if you’re entering as a tourist or for leisure. Knowing the differences between these visas and their processes can help you determine which visa to obtain and go through the application process.

Passport book with Visa paper open on red and white stripes

This guide will explore the differences between these visas and how the application processes work for both.

What Is the Difference Between a B-1 and B-2 Visa?

When considering entering the U.S., you might ask, “What is a B-1 or B-2 visa?” First, it’s important to know about the four types of immigrant statuses and what they mean. These statuses include U.S. citizens, lawful permanent residents (LPRs), non-immigrants, and undocumented immigrants.

The first two categories, citizens and residents, can live and work in the U.S. Non-immigrants can enter the country temporarily, but they won’t be able to live in the U.S. and will be unable to work without a business visa. Undocumented immigrants are unable to legally visit, live, or work in the U.S. until they obtain a non-immigrant or immigrant visa.

B-1 and B-2 visas are similar in that they’re non-immigrant visas that allow foreign individuals to enter the U.S. for a limited period. These visas are ideal if you don’t intend to become a lawful permanent resident or U.S. citizen. 

However, they differ in the specific reasons for obtaining them. B-1 visas are business visas that allow individuals to enter the country to conduct business. Meanwhile, B-2 visas are for people entering the country as tourists or for leisure. 

Although these visas have different purposes behind them, the visa application process of obtaining both is relatively the same. When applying for these visas, you will need to undergo an interview at an American embassy or consulate in your country of origin. The purpose of this interview is to confirm the reason you intend to enter the country, while giving you the opportunity to prove your intentions.

If you are able to acquire either a B-1 or B-2 visa, you may enter the country repeatedly with a visa that remains valid for multiple years, but you will only be able to remain in the country for several months in most cases. 

Ultimately, you’ll need to determine whether to obtain a B-1 or B-2 visa based on the purpose of your temporary visit to the U.S.

Eligibility for a B-1 and B-2 Visa in the United States

If you’re considering entering the U.S. on a B-1 or B-2 visa, you must meet each visa’s eligibility criteria, which you will prove in an interview at your country’s U.S. embassy or consulate.

Eligibility for the B-1 Visa

When applying for the B-1 visa, you must be able to show that you intend to enter the U.S. for a valid reason pertaining to business. For example, a company may hire you temporarily for your expertise in a particular field that isn’t easy to access in the U.S. You may also want to enter the country to attend an important conference or trade show in your field that can help you progress in your career.

You may also be able to enter the country as a lecturer, researcher, or trainee.

Eligibility for a B-2 Visa

If you want to obtain a B-2 visa, you will need to show that you intend to visit the U.S. for reasons regarding leisure or tourism. Examples of these instances might include visiting the country for sightseeing purposes or visiting relatives. 

In addition to showing that you intend to visit the country for business, leisure, or tourism, you may also need to prove that you can take care of yourself financially while in the U.S. The latter element will be particularly crucial seeing as a B-1 or B-2 visa doesn’t permit you to gain employment in the U.S. during your stay.

Restrictions for B-1 and B-2 Visitor Visa Holders

Before applying for a B-1 or B-2 visa, keep in mind that there are restrictions in place for these visas. 

As mentioned, you will be unable to gain employment in the U.S. on a B-1 or B-2 visa, which is why you must be able to prove that you’ll be able to support yourself financially while in the country during your interview.

Additionally, you will normally be unable to change to another visa while visiting the U.S. However, if you want to find out how to change from an H-1B visa to a tourist visa or try to process another visa change, you may be able to under certain circumstances. To determine your options, it’s best to consult with an immigration attorney to discuss the application and a potential visa change.

How to Apply for a Visitor Visa

With a better idea of what to expect with a B-1 or B-2 visa, you can move on to exploring how to get a tourist visa or a business visa. 

The following are the steps you’ll need to take to apply for a B-1 or B-2 visitor visa:

1. File the Necessary Form

The first step to apply for a B-1 or B-2 visa is to file Form DS-160, the Online Non-Immigrant Application. You can file this form online, and you can save and print a copy to bring to your interview at the embassy or consulate. You will also need to pay an application fee to begin the process.

2. Upload a Photo

You will also need to upload a digital photo of you to include with your application.

3. Schedule and Attend Your Interview

The next step will involve scheduling your interview with your country’s U.S. embassy or consulate. During this interview, an officer will ask you various questions about you and the reason you want to enter the U.S. You will present a physical copy of Form DS-160 and other supporting documentation. 

Also, officers often take digital fingerprints of applicants during the interview process. After the interview, officers may ask for certain additional documentation and details that can help them decide whether to approve or deny your application.

Documentation You’ll Need When Applying

There are several pieces of documentation that you’ll need to bring with you to your interview and provide to the U.S. government when applying for a B-1 or B-2 visa. These documents include:

  • A valid passport that will remain valid for six months following the return date
  • Proof of your ability to financially support yourself, including funds that will cover all aspects of your visit from travel to living expenses
  • A digital photograph of the applicant that’s in color, properly sized, and meets other government requirements
  • Proof of ties that connect the applicant to the U.S., including property, work, and relatives
  • If you have visited the U.S. in the past more than five times, you will also need to provide documentation of the previous five visits

Can You Extend and Renew a B-1 or B-2 Visa?

If your visa is about to run out, you may want to request an extension or renewal. It’s possible to do so by taking the right steps.

The first step you must take to extend your B-1 or B-2 visa is to complete Form I-539, Application to Extend/Change Nonimmigrant Status. To avoid potential issues when in need of an extension, submit your request form at least 45 days prior to the expiration of your visa. 

If you want to renew your visa, you must repeat the original visa application process. This will entail completing and filing all necessary documents and attending another interview to discuss the reason for the renewal.

When to Apply for an ESTA Instead of a B-1 or B-2 Visa

Individuals who are citizens of one of the countries taking part in the Visa Waiver Program may be able to apply for an Electronic System for Travel Authorization (ESTA) instead of a B-1 or B-2 visa.

What makes the ESTA potentially more ideal than a B-1 or B-2 visa is the ability to apply for it online for added convenience. People entering through ESTA may be able to enter the country for business, tourism, or leisure, but remember that your stay in the U.S. on an ESTA will be shorter than a stay on a B-1 or B-2 visa. Specifically, you will be able to stay in the country for up to 90 days on an ESTA. Meanwhile, you’ll be able to stay in the U.S. for six months on a B-1 or B-2 visa, with the ability to extend this visit to a year.

Get Help When Needed

If you want to apply for a B-1 or B-2 visa, you might be unsure about how to approach the application process, or you might have certain concerns. If you need assistance, you may benefit from reaching out to a business immigration lawyer. 

An experienced lawyer can answer any questions you have and help you determine what approach to take to your case, including whether you may benefit from a B-1, B-2, or another type of visa based on your unique circumstances. In addition, the right legal counsel may help reverse a denial of a B-1 or B-2 visa if the government rejects your application. An attorney may also help with many other types of immigration cases, including seeking naturalization or helping navigate the legal process when facing deportation. 

If you’re considering working with an immigration attorney when applying for a B-1 or B-2 visa, you can find the right representation by knowing what to ask an immigration lawyer. 

The following are some key questions to ask when interviewing an immigration lawyer:

How Much Experience Do You Have With B-1 and B-2 Visa Cases?

When you have concerns regarding B-1 or B-2 visas, try to find an immigration lawyer familiar with these visa types and what their application process entails. An immigration with experience in this area will be able to answer questions about what to expect and address any concerns you may have. 

Who Will Handle My Case?

If you need help when applying for or re-applying for a B-1 or B-2 visa, you should find out who will handle your case. While the attorney you consult with might be the lawyer who handles your case in a small or solo firm, larger firms will often have staff handle paperwork and communicate with clients. The attorney you speak with should let you know who will specifically be helping you with your case. 

What Kinds of Successes Do You Have?

Ask the attorney about experience and successes. He or she may be able to detail similar cases and talk about the kinds of results achieved with clients in similar situations. You should also be able to find testimonials and reviews from past clients online, which can give you a better idea of what kinds of results you can expect with the attorney. 

By asking these and other questions in a consultation, you can determine who is the right attorney to represent you. Even if the attorney can’t provide representation and further assistance, he or she may be able to guide you in the right direction to help you apply for a B-1, B-2, or another visa type, depending on what you want to achieve.

Decide If the B-2 or B-1 Visa Process Is Right for You

If you plan on being in the U.S. for a short amount of time for business or leisure, you may consider the B-2 or B-1 visa process. A B-1 visa is ideal if you want to enter the country for business purposes, while a B-2 visa is suitable for individuals visiting the country as tourists or vacationers. Choosing the right visa and preparing your application properly will help increase your chances of successfully entering the U.S.

Exceptions to Trump’s Visa Ban

President Trump signed Presidential Proclamation (P.P.) 10052 on June 22, an extension to P.P. 10014 that temporarily suspended entry into the U.S. for specific types of visa applicants throughout 2020. The ban affected H-1B, H-2B, and L-1 visas, along with J-1 applicants involved in certain programs. However, there are certain exceptions to this visa ban, which are as follows.

H-1B Visa Exceptions

One exception for H-1B visas is for healthcare or public health professionals who are traveling to the U.S., along with researchers who are attempting to mitigate the pandemic or conduct medical research in another area that can help serve the general public. This exception accounts for individuals who are researching areas that may be indirectly tied to the pandemic, such as certain types of health issues that could leave people more vulnerable to COVID-19.

Another exception is for individuals traveling with support in the form of a request from a U.S. government entity or agency to meet certain requirements such as contractual obligations.

H-2B Visa Exceptions

Exceptions for the H-2B visa include individuals who are traveling to the U.S. based on a request from an American government entity or agency, with the intention of fulfilling contractual obligations or foreign policy objectives.

J-1 Visa Exceptions

There are several exceptions in place for J-1 visas, including:

  • Travel with the purpose of caring for minor U.S. citizens, nonimmigrants in lawful status, or LPRs, which may include caring for a child with special needs such as sign language or special education.
  • Intending to provide childcare services for children whose parents are responsible for providing care to patients with COVID-19 or assisting with medical research in an effort to combat the pandemic.
  • Trainees and interns involved in programs that are sponsored by a U.S. government agency, specifically on a Form DS-2019 beginning with “G-3.”
  • Critical foreign policy objectives limited to programs involving exchange visitors who are participating in exchange programs fulfilling time-sensitive and critical objectives pertaining to foreign policy.

L-1 Visa Exceptions

Public health and healthcare professionals, or researchers working to help combat COVID-19, are also allowed entry with L-1 visas. 

L-2, J-2, and H-4 Visa Exceptions

For these visas, there are national interest exceptions for individuals who intend to either follow to join or accompany a principal applicant, who may either be a parent or spouse who qualifies as a national interest exception to P.P. 10052.

If an individual falls under one or more of these exceptions, he or she may be able to gain entry into the U.S. on a designated visa.

Who Qualifies for an Expedited Visa Appointment?

Under certain circumstances, you may be able to request an expedited visa appointment from U.S. Citizenship and Immigration Services (USCIS), such as when you’re in an emergency situation or sustain substantial financial loss. 

It’s important to know which situations may warrant expedited processing before making this request.

How Quickly Can a Visa Be Expedited?

Generally, the amount of time it takes to expedite a visa will vary from case to case. There isn’t a universal amount of time you can expect to receive approval for an expedite request. Upon requesting an expedited visa appointment and application, you can expect USCIS to respond anywhere from a few days to several weeks.

First, you should receive a response from USCIS within around 10 days of requesting the expedited application. USCIS may then make a decision about the request after a few weeks, but you could see a decision much sooner.

You can learn more about the expected expedited visa processing time through the USCIS website.

Criteria for Expedited Processing

When seeking to expedite USCIS processing times, there are certain criteria that visa applicants must meet. Depending on the situation you’re in, you may have the chance to request an expedited visa appointment that helps accelerate the process.

The situations that warrant expedited visa processing include the following:

Substantial Financial Loss

If you or your company have sustained significant financial loss, you may be able to request an expedited visa appointment and faster processing from USCIS. However, you must be able to prove this loss and its impact on your immigration situation through a work card or another piece of relevant evidence.

Humanitarian Efforts

You may also be able to expedite visa processing if you’re entering the country for humanitarian reasons. For example, you may be able to request expedited processing if your home country presents a risk to you and your family, requiring you to leave the country to stay safe. This is particularly important if you are unable to return to your country of origin and require asylum in the U.S.

Other Emergency Situations

Other types of emergency situations may enable visa applicants to expedite the visa application and approval process. 

For example, you may need to gain entry into the U.S. to receive necessary medical treatment from medical experts in the country in a limited amount of time, requiring you to receive your visa faster than you would in other situations. Another circumstance could involve a dying relative, in which case the relative’s children would be unable to undergo naturalization in the U.S. to become citizens if the relative is unable to become a U.S. citizen in time before passing.

Additional Special Circumstances

According to USCIS, other types of special circumstances may impact USCIS applications that warrant expedited processing. One of these might be if the U.S. government requires you to enter the country to provide services as a specialized expert in your field, such as a healthcare professional with expertise in an area that facilities urgently require in the U.S.

Steps to Request an Application to Be Expedited

If you want to make an expedite request to USCIS, you’ll need to take the following steps:

1. Wait to Receive Your Receipt Notice

You must have your receipt notice regarding the pending petition or visa application. Without this document, you won’t be able to proceed with your expedite request.

2. Call the USCIS Contact Center or Chat With Emma

Once you have your receipt notice, you can begin the process of requesting your expedite request by calling the USCIS Contact Center or via teletypewriter (TTY). An officer will then be able to speak with you to discuss your request.

You also have the option of chatting with USCIS’s Emma chat system by clicking on “Ask Emma” on the USCIS website. You can then let the system know about your request for expedited visa processing.

Of course, you may also submit your expedite request in written form with a formal written request to the appropriate USCIS office. You must submit sufficient evidence to support your request if you decide to use this method.

3. Receive Your Expedited Service Request Number

After providing USCIS with all necessary information, you will receive your Expedite Service Request Number, which you can then use for tracking your request in the system. You can see the status of your number on the USCIS website and determine how much longer you have to wait before USCIS reaches a decision.

At some point, you may need to provide USCIS with additional documentation to support your request.

4. Reach Out to a Congressperson for Help

Another step you can take while waiting for a response from USCIS is to connect with a local U.S. Representative or Senator to assist with the expediting process. With the help of an immigration legal services attorney, you may be able to get the staff of one of these individuals to connect with USCIS and establish communications.

5. Await a Decision

The final step is to await a decision from USCIS, which should take less than 10 days, but may take as long as weeks. You will receive a notification about the decision via email. However, always ensure any emails you receive are from USCIS directly, as visa applicants must beware of fraudulent emails and letters.

Determine Whether You Qualify for an Expedited Visa Appointment

If your situation allows for it, you may be able to successfully request expedited visa application processing from USCIS. Whether because of a financial loss, humanitarian reason, or another urgent matter, it’s often possible to submit an expedite request with USCIS by taking the right steps. You may then be on your way to receiving your visa faster as you seek to become a lawful permanent resident or citizen.

Public Charge Rule Barred in Illinois

In mid-June, a Seventh Circuit panel upheld the decision to bar a federal public charge rule in Illinois. The new policy from the Trump administration aims to create additional obstacles for immigrants who are seeking green cards while living on food stamps, public benefits, or housing vouchers.

Temporarily Barring the Public Charge Rule

The appeals court’s 2-1 decision temporarily blocked the enforcement of the new public charge rule in Illinois, a rule that made changes to the definition of individuals considered “public charges” in accordance with the Immigration and Nationality Act of 1965. If individuals applying for immigration relied on benefits such as housing vouchers, Medicaid, and food stamps, the rule would give the government the ability to deny green cards and visas to these applicants.

In response to the public charge rule, Cook County elected to sue the Department of Homeland Security along with the U.S. Citizenship and Immigration Services, which will take place in September. The county is suing because it claims that the public charge rule is both arbitrary and discriminatory while deterring immigrants from seeking critical services out of fear of deportation.

In agreement with the county’s decision along with the opinion of the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), U.S. District Judge Gary Feinerman issued a preliminary injunction that prevented the enforcement of the new rule to take place on October 14, a mere day before the planned enforcement of the rule.

The Supreme Court’s Decision

While the federal government requested a stay pending an appeal of Feinerman’s decision, Feinerman denied it, which led to the U.S. Supreme Court to overrule the denial 5-4 in February. In June, Chief U.S. Circuit Judge Diane Wood issued the three-judge panel’s decision, stating that “we conclude that at least Cook County adequately established its right to bring its claim and that the district court did not abuse its discretion by granting preliminary injunctive relief.”

Further explaining the decision, Wood disclosed that the Supreme Court sided with Cook County, explaining that the new public charge rule was flawed and came with certain “predictable collateral consequences” for local and state governments. The court also ruled that the public charge rule developed a certain unreasonable standard for self-sufficiency among immigrants without any statutory basis for it.

Wood also explained that Cook County was likely to suffer a level of irreparable damage because of the rule, writing, “Given the dramatic shift in policy the rule reflects and the potentially dire public health consequences of the rule, we agree with the district court that the public interest is better served for the time being by preliminarily enjoining the rule.”

The decision in June also takes into consideration how the rule will prevent immigrants of all types from seeking or cause them to withdraw from both state-level and federal health care programs. Wood further explained that the rule has caused preventative medicine rates to fall as more immigrants turn to emergency care through the Cook County hospital system, which is uncompensated. As a result of these changes, Cook County would need to cover higher costs, and there would be an increased risk of the spread of communicable diseases across the country.

Cook County is not alone in wanting to block the new public charge rule. The Trump administration’s new rule has also been challenged across the country from San Francisco to New York City over the past eight months. The decision in June only pertained to the upholding of the preliminary injunction enjoining enforcement of the rule in the state of Illinois.

Dissenting Opinion on the Public Charge Rule

The only dissenter of the circuit court ruling in Cook County, Trump appointee U.S. Circuit Judge Amy Barrett, found that the county’s definition of “public charge” didn’t match the legal definition. Barrett also claimed that the emphasis on mass withdrawal from various benefit programs made the scope of the new rule seem larger than it actually is.

To support her claim, Barrett wrote a 40-page dissent that stated that while immigrants are withdrawing or avoiding public benefits because of fear around the effects of the public charge rule, individuals entitled to these benefits won’t be subject to the new rule. Specifically, she wrote that “contrary to public perception, the force of the rule does no fall on immigrants who have received benefits in the past.” Instead, she claims, the rule applies to nonimmigrant visa holders who may be eligible for benefits at a later time if they are approved for green cards.

Based on the ruling, the public charge rule will be temporarily blocked in Illinois, which may help reverse some of the harm it’s already caused and encourage immigrants to enroll or remain in benefit programs.

Which Visa Services Can Immigrants Receive During COVID-19 Pandemic?

The COVID-19 pandemic caused an abrupt halt to many visa services, however, in the past month many of these services have resumed. Individuals wishing to work or study in the United States should closely monitor the latest updates from the US Department of State and contact a Chicago immigration lawyer to determine the best way to proceed with their visa application. It is important to note that while some visa programs have been suspended, the current restrictions do not affect the visa waiver program.

Visa Services That Have Resumed

The US Department of State is slowly resuming the processing of routine immigrant visas and non-citizen visas. This includes travelers who have urgent needs in the United States, students who have F-1 and M-1 visas. They are also processing some J-1 visas for exchanges. Additionally, immigrant visas for family members of US citizens are being processed as are some E and B1 visas.

Of course, people are concerned about contracting COVID-19 when dropping off visa documentation or for interviews. The US Department of State has issued guidelines to all consulates and embassies to help minimize this possibility. This includes social distancing in waiting areas, staggering interviews to minimize potential contact with infected individuals, and frequent disinfection of common areas. 

National Interest Exemption

Some travelers to the United States may qualify for a National Interest Exemption (NIE). This is in line with Presidential Proclamation 9993 that previously prevented travel to the United States from Schengen countries. Individuals who may qualify for an NIE include public health professionals, students, academics, investors, technical experts, specialists, senior-level managers, executives, professional athletes, and their dependents and essential staff. Investors may also qualify in some circumstances. Further, some consulates are processing visa applications for diplomats and officials of international organizations, as well as medical professionals responding to the COVID-19 pandemic, as well as aircrew with C1 or D visas.

A Fluid Situation

The global pandemic is creating a fluid, and ever-evolving situation for immigrants. The current phased resumption of routine visa services is contingent upon the conditions prevalent in the country where each embassy or consulate is located. In countries where infection rates remain high or are climbing, most embassies and consulates continue to provide limited visa services. At present, there is no set timeline for when the resumption of regular services will occur, nor is there a definitive timeline for when the pre-pandemic pace of visa processing will occur. 

As such, it is vital for all visa applicants to continue monitoring the website of the nearest US embassy or consulate. In particular, individuals should pay close attention to when appointments are available and any changes to required documentation. Each embassy and consulate has been given broad discretion to determine when it is safe to resume normal visa processing activities. This means that the services available in one country today, may not be available in another country for weeks or potentially months from now. 

Visa Scams are Common 

Scammers are eager to make a quick buck during the present pandemic. Individuals wishing to come to the United States should be extremely cautious when approached by individuals promising quick and easy processing of their visas. Con artists are active in countries around the world preying on the needs and fears of immigrants hoping to make their way to the United States, or hoping to extend an existing visa.

Individuals should never provide personal information to these individuals, nor should they pay any “fees” for the services offered. The US State Department routinely warns applicants of these scams and has seen a proliferation of visa schemes over the past few months. Moreover, applicants can expect their visa application will receive considerable scrutiny at this time. Thus, it is imperative that all information is accurate and submitted with the required supporting documentation.

Furloughs May Still Occur

Early in the pandemic, the US Department of State issued warnings that furloughs may become necessary as the pandemic progresses. This is because the USCIS derives much of its funding from the processing of visas. Furloughs were postponed until the end of August. While it does appear that the USCIS will have enough funding to cover the loss of revenue due to declining applications, the possibility of furloughs is still on the table. If this occurs, it could significantly increase the visa processing time. Current estimates indicate that up to 14,000 USCIS personnel may be furloughed for an indefinite period.

Legislators in Washington are attempting to include additional funding for USCIS as part of a coronavirus relief package to prevent any furloughs. However, this package is currently stalled and it is unlikely that it will be passed before the end of August. This means that applicants should gather their necessary documents and submit their applications as soon as possible.