B-1 Visa Eligibility

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Temporary Business Visitor

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The B-1 temporary business visa allows a business person to participate in business activities of a commercial or professional nature in the United States, such as consulting with business associates, traveling for a scientific, educational, professional or business convention, or a conference on specific dates, negotiating a contract, participating in short-term training, etc. To be eligible for a B-1 temporary business visa, the purpose of the trip must be for business of a legitimate nature for a specific limited period of time. There must be sufficient funds to cover the expenses of the trip in the United States. The funds can be paid by a company or by the business visitor.

Spouse and children under age 21 are not eligible for dependent status. They must seek to a separate nonimmigrant visa (e.g. B-2) to enter the U.S.

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B-1 Domestic Employee

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The personal/domestic employees, for instance, cooks, housemaids, nannies, may be eligible for B-1 Domestic Employee visa when they are accompanying their employers to the U.S.

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The employer could be a U.S. citizen, who is subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer’s personnel office and is returning to the United States for a stay of no more than six years. The personal/domestic employee is qualified for a B-1 visa if

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1. The domestic employee has a residence abroad which he/she has no intention of abandoning;
2. The domestic employee has been employed abroad by the employer as a personal or domestic servant for at least six months prior to the date of the employer’s admission to the United States OR the employer can show that while abroad the employer has regularly employed a domestic employee in the same capacity as that intended for the applicant;
3. The domestic employee can demonstrate at least one year experience as a personal or domestic servant by producing statements from previous employers attesting to such experience; and
4. The domestic employee is in possession of an original contract or a copy of the contract, to be presented at the port of entry, which contains the original signatures of both the employer and the domestic employee.

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The employer could also be under B, E, F, H, I, J, L, M, O, P, Q, or R nonimmigrant visa if not a U.S. citizen. The personal/domestic employee is qualified for a B-1 visa if

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1. The domestic employee has at least one year's experience as a personal or domestic employee as attested to by statements from previous employers.
2. The domestic employee has been employed outside the United States by the same employer for at least one year prior to the date of the employer's admission to the United States OR the employer-employee relationship existed immediately prior to the time of your employer's application, and the employer can demonstrate that he or she regularly employed (either year-round or seasonally) the domestic employee over a period of years preceding the time their application.

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The B-1 domestic employee visa is not allowed for the employer who is an U.S. lawful permanent resident/green card holder.

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B-2 Tourist Visa

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The B-2 tourist visa is for recreational in nature, including tourism, visits with friends or relatives, medical treatment and activities of a fraternal, social or service nature.

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The B-2 visa applicant must prove the purpose of the trip to the U.S. is for a temporary visit for pleasure, medical treatment, family visits, etc. for a specific, limited period of time.  There must be evidence of sufficient funds to cover the expenses in the United States, which can be paid by the applicant or other relevant persons. The applicant must prove that he/she has a residence outside the U.S., as well as other binding social or economic ties, that will ensure his/her return abroad at the end of the temporary visit.

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How to Apply?

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• Normally, the B-1 and B-2 visas are combined and issued as one visa: The B-1/B-2.
• For the B-1/B-2 visa applicants residing abroad, the visa application (DS-160) has to be submitted to the U.S. Embassy/Consulate abroad, with the application fee and eligibility documents.If the applicant is in the United States in another valid nonimmigrant status, a change of status application may be filed with USCIS to change status to B-1/B-2.
• The initial B-1/B-2 period of stay is up to 6 months, with the permissible extension of stay for up to 6 months.

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No Dual Intent

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The B-1/B-2 visa is not a dual intent visa, which means the visa holder has to prove he/she has a residence outside the United States that he/she has no intention of abandoning, as well as other binding ties that will ensure his/her return abroad at the end of the visit.