B-1/B-2 Visitor Visas and the Visa Waiver Program

B Visitor Visas and the Visa Waiver Program (VWP) should be used for an entry of limited duration where the Foreign National intends to depart the U.S. at the conclusion of stay, maintain a foreign residence abroad, and possesses a round-trip plane ticket.

The VWP allows individuals from certain countries to travel to the U.S. for up to 90 days at a time without obtaining a visa. Nationals from countries that are not part of the VWP may apply for a B-1 (to enter for business) or B-2 (to enter for pleasure or medical treatment) visitor visa to enter the U.S.

Grzeca Law Group can help to obtain a B1 or B2 visa and will also provide an evaluation to determine appropriate activity as a business visitor to the U.S.

Acceptable B Visitor and Visa Waiver Program Activities

• Meetings and consultations with U.S. business associates in order to offer expertise on a specific matter;
• Advice or consultation on a specific project;
• Attending conventions, conferences or seminars;
• Receiving training for an established, defined program, so long as the source of pay remains outside the U.S.;
• Engaging in activity that is associated with international trade or commerce where the principal benefit of the activity accrues to the business person or corporate entity abroad;
• Soliciting sales, negotiating contracts or taking orders from established customers for work that will be performed outside the U.S.;
• Independent research, such as market or product research, that is not directly connected with sales or service contracts or the solicitation of business;
• Members of the boards of directors of U.S. corporations coming to the U.S. to attend board meetings or to engage in other functions arising from board membership; or
• Preliminary activities prior to accepting a U.S. position such as a job interview, house hunting, school visits and banking activity. However, please be advised that such visits immediately preceding a work visa (H,L,E) at a U.S. Consulate or Embassy overseas may be strictly scrutinized by Consular Officers.

Unacceptable B Visitor and Visa Waiver Program Activities

• Performing services or duties of the foreign or U.S. job (i.e., engaging in the same activity that you would engage in at your office abroad);
• Engaging in gainful or productive employment whether as a salaried employee or as an independent contractor or freelancer;
• Receiving remuneration (other than expense allowance) from a U.S. employer. However, even if the pay source is outside the U.S., the visitor category cannot be used to enter the U.S. and perform services (with some exceptions);
• Conducting training;
• Work product that is predominately created in the U.S.;
• Long trips to the U.S. for business with vague or uncertain intentions that may encourage the Foreign National to do work other than what is specifically permitted; or
• Business trips to the U.S. that lack documentation in support of admission to the U.S. as a business visitor, such as meeting agendas, a letter of invitation from the U.S. employer, or a return ticket abroad.

B1/B2 FAQs