| 1. | What are the B-1 and B-2 Visa Classifications? |
| The B-1 visa category allows foreign business persons to enter the U.S. for temporary periods of time to conduct business or receive training. B-2 visa classification is generally reserved for foreign nationals who wish to enter the U.S. temporarily for the purposes of tourism.
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| 2. | Can I enter the U.S. on a B visitor visa and then change status to student (F or M) status? |
| YES. However, a new interim regulation now requires a foreign national who is admitted to the U.S. on a B-1 or B-2 visitor's visa on or after April 12, 2002 to obtain approval from USCIS of any change of status to F-1 or M-1 student status before they may enroll in a course of study. Furthermore, students may not change status from M-1 to F-1 status in the U.S. New proposed regulations may also require prospective students to declare their intent to change to student status and present any Form I-20's they have been issued by prospective schools at the time they enter the U.S., and their I-94 cards will be annotated accordingly by the CBP inspector.
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| 3. | Can I extend my stay as a B-1/2 visitor? |
| YES. Persons admitted pursuant to a valid B visa may apply to extend their status in the United States for up to 180 additional days. Persons who enter under the Visa Waiver Program may not extend their status in the US. Applications for extensions of status must be submitted to a USCIS Regional Service Center prior to the date of expiration of the initial period of stay. Applications for extension of B status are often denied unless applicants can demonstrate a legitimate need to extend their stay, such as incapacitation or ongoing medical treatment. USCIS processing times for extensions of status are often quite long and can exceed the period of time requested in the extension.
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| 4. | Can I work while I am in the United States in B-1/2 status? |
| NO. Visitors are not authorized to work or accept employment during their stay in the United States.
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| 5. | Can my dependents also qualify for B-1/B-2 status? |
| The United States government may allow spouses and children under 21 years of age to accompany the foreign national to the United States. Dependents of those with B-1/B-2 visa classification may also receive B-1/B-2 visa classification.
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| 6. | How do I qualify for B-1/B-2 visa classification? |
| Each individual must comply with all of the following B-1/B-2 visa requirements: enters the United States for a limited period of time; intends to depart at the end of the stay; maintains a foreign residence with no intent to abandon the same; possesses the financial means adequate to stay in the United States without working in the United States; engages solely in legitimate business or tourist activities; and possesses a round-trip airplane ticket, if entering under the Visa Waiver program. With respect to activities that can legitimately be conducted in B-1 status, three basic rules exist. First, the employee cannot engage in "productive employment," which is defined to include both salaried work and work on an independent contractor basis. Secondly, the business activity must be associated with international trade or commerce. Finally, the principal benefit of the activity should accrue to the applicant's employer abroad. Typical B-1 activities would include: engaging in commercial transactions which do not involve employment in the United States (e.g., a merchant who takes orders for goods manufactured abroad); negotiating contracts; holding meetings with business associates; and receiving training.
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| 7. | How long can I stay in the United States in B-1/2 status? |
| B-1/2 visa holders may be admitted for up to 180 days. Visitors for tourism (B-2) are generally admitted for 180 days, whereas visitors for Business (B-1) are admitted for the duration of time that they can demonstrate is necessary to complete their business, up to 180 days.
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| 8. | I am a Canadian Citizen. Do I need a B-1/2 visa to enter the United States as a visitor? |
| NO. Canadian citizens are exempt from the requirement to obtain a B-1/2 visa stamp at a United States consulate abroad before applying for admission to the US. However, Canadians must still demonstrate their eligibility as a visitor for business or tourism to the satisfaction of the Customs and Border Protection officer at the port of entry. Although Canadian visitor admissions are governed by the treaty NAFTA, the eligibility requirements are nearly identical to those for nationals of all other countries. (See Question #2 above). Canadian citizens may be admitted as visitors for up to 180 days.
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| 9. | I entered under the Visa Waiver Program (VWP). Can I change or extend my status in the United States? |
| NO. Unlike B visa holders, persons who are admitted under the VWP are ineligible to extend their visitor status in the United States. Nor are they eligible to apply for a change of status from VWP to another nonimmigrant visa classification (such as F-1 or H-1B).
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| 10. | Is Canada a participant in the Visa Waiver Program? |
| NO. Although Canadian citizens are allowed to visit the United States for up to 180 days without a visa, Canadian admissions are governed by NAFTA and not the Visa Waiver Program.
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| 11. | My passport was issued before my country began issuing machine readable passports. What do I have to do in order to visit the United States? |
| If you are a citizen of a Visa Waiver Program (VWP) country and your passport is not machine-readable, you must either obtain a new passport from your country of citizenship or apply for and obtain a B-1/2 visa from a United States Consulate in your home country before you can travel to the United States as a visitor.
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| 12. | What is the Machine-Readable Passport Requirement? |
| As of October 1, 2004, all persons who enter the US under the Visa Waiver Program must have a machine readable passport issued by their VWP country of citizenship. Machine-readable passports contain a bar code that contains most the date indicated on the biographic page of the passport that can be read by a scanner. All VWP countries now issue machine-readable passports.
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| 13. | What is the Visa Waiver Program? |
| The Visa Waiver Program (VWP) allows nationals of certain countries designated by the Department of State to be admitted to the US a visitors for business or pleasure without the need to obtain a B-1/2 visa at a US consulate abroad. Citizens of VWP countries may be admitted for up to 90 days upon demonstration that they meet the same requirements for entry as a visitor for business or tourism as required for B-1/2 visa holders.
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| 14. | Which countries of citizenship are eligible for the Visa Waiver Program? |
| There are currently 26 countries whose citizens are eligible for the VWP. The Department of State may add or subtract from this list at any time by publication in the Federal Register. Eligible countries include most EU countries, plus Australia, New Zealand Japan and Singapore. The complete list can be found on the DOS website at www.state.gov.
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