Question 1

B-1 Eligibility Criteria:

Consulting with business associates

Traveling for a scientific, educational, professional or business convention, or a conference on specific dates

Settling an estate

Negotiating a contract

Participating in short-term training

Transiting through the United States: certain persons may transit the United States with a B-1 visa

Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

You must demonstrate the following in order to be eligible to obtain a B-1 visa:

The purpose of your trip is to enter the United States for business of a legitimate nature

You plan to remain for a specific limited period of time

You have the funds to cover the expenses of the trip and your stay in the United States

You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit

You are otherwise admissible to the United States

Answer

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

Question 2

Application Process:

Answer

Aliens seeking a B-1 visa from certain countries may be able to enter the United States without a visa. For information about exemptions from the visa requirements. If you are in the United States in another valid nonimmigrant status, you may be eligible to change to B-1 status. To change to B-1 status, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status.

Question 3

Initial Period Of Stay:

Answer

1 to 6 months; 6 months is the maximum

Question 4

Extension Of Stay:

Answer

Up to 6 months; maximum total amount of time permitted in B-1 status on any one trip is generally 1 year. At the port of entry, an immigration official must authorize your admission to the United States, and, if you are eligible for admission, you may be admitted initially for the period necessary to carry out your business activities, up to a maximum period of 1 year. If you who wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status and submit any required supporting documents to USCIS.

Question 5

Family Of B-1 Visa Holders:

Answer

Your spouse and children are not eligible to obtain a dependent visa. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa.

Question 6

Certain B-1 Activities That Require An Employment Authorization Document:

A personal or domestic servant who is accompanying or following to join an employer who seeks admission into, or is already in, the United States in a B, E, F, H, I, J, L, or TN nonimmigrant classification.

A domestic servant of a U.S. citizen accompanying or following to join his or her U.S. citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States.

An employee of a foreign airline engaged in international transportation of passengers freight, whose position with the foreign airline would otherwise entitle the employee to treaty trader nonimmigrant classification (E-1) and who is precluded from such classification solely because the employee is not a national of the country of the airline's nationality or because there is no treaty of commerce and navigation in effect between the United States and the country of the airline's nationality.

Note: All applicants for a B-1 visa or admission as a B-1 business visitor as a personal or domestic servant described above must demonstrate the following:

You have a residence abroad in which you have no intention of abandoning

You have at least 1 year of experience as a personal or domestic servant

You have been employed abroad by your employer for at least 1 year prior to the employer’s admission into the United States or if you have been employed abroad by the employer for less than 1year, the employer must show that while abroad, he or she has regularly employed a domestic servant in the same capacity as that intended for your employment

Before you may commence employment in any of the above three activities, you will need to file Form I-765, Application for Employment Authorization.

Answer

The following types of B-1 business visitors require employment authorization:

Question 7

Special Instructions For B-1/B-2 Visitors Who Want To Enroll In School:

You have not yet enrolled in classes;

Your current status has not expired; and

You have not worked in the United States without employment authorization.

To change your nonimmigrant status from B-1 or B-2 to F-1 or M-1, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions. You must maintain your B-1 or B-2 status while your Form I-539 is pending. You will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. We may approve your Form I-539 change of status request only if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date. If your status will expire more than 30 days before your F-1 or M-1 program’s initial start date, you must file a second Form I-539 requesting to extend your B-1 or B-2 status. If you do not file this extension request on time, we will deny your Form I-539 request to change to F-1 or M-1 status. Please check our processing times to determine if you need to file a request to extend your B-1/B-2 status.

Your F-1 or M-1 program start date is deferred to the following academic term or semester because we did not make a decision on your Form I-539 change of status application before your originally intended F-1 program start date. You must file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date.

Because extending your current stay in B-1 or B-2 status and changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request. See the User Fee Statute, 31 U.S.C. 9701. Please Note:

If you enroll in a course of study before we approve your Form I-539 change of status application, you will be ineligible to change your nonimmigrant status from B 1/B-2 to F-1 or M-1.

If you apply to extend your B-1/B-2 status and you have already enrolled in a course of study, we will deny your extension request because you will have violated your status.

If You Are Not Eligible to Change Your Status: If you are not eligible to change your nonimmigrant status to F-1 or M-1 while in the United States, you may apply for an F-1 or M 1 visa at a U.S. consulate. If You Are Interested In A F-1 or M-1 Visa Click HERE:

Answer

Is it permissible to enroll in school while in B-1/B-2 status? No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status. Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions. How can I obtain F-1 or M-1 status? If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in a course of study,you may apply to change to either F-1 or M-1 student status if:

B-1 Temporary Business Visitor