Understanding B-1/B-2 Visitors and Visa Waiver
- William Vittetoe
Overview
The use of a visitor visa can be an appropriate tool for departments wishing to host international visitors for a short-period of time within a limited scope of activity. Note, it is never permitted to use a visitor visa for the purpose of study or employment. Visitor visas are divided into two general categories: Business (B-1) and Tourism (B-2).
Permitted Uses
B-2 Tourism
Activities permitted under tourism include visits with friends or relatives (visiting for graduation), vacation (visiting and touring the campus to determine suitability of the University of Tennessee for a potential recruit), participation in social events, and visiting for the purpose of attending an athletic event. The regulations state permitted activities as follows:
The term pleasure, as used in INA 101(a)(15)(B) for the purpose of visa issuance, refers to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, and does not include obtaining a visa for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States.
The University of Tennessee is not typically involved in the process of hosting or facilitating visitors for the purpose of tourism. This category of international visitor is typically self-sponsored for the purpose of a visit to the the University of Tennessee. Visitors in B-2 Status should typically be considered non-affiliated persons and not given access to University of Tennessee systems or data.
B-1 Business
Activities permitted under business include consultation with professionals, attendance of a conference, formal visits for the purpose of establishing international agreements, contract negotiations, and independent research. Note, independent research refers to research completed for the benefit of the visitor and not serving as a researcher at the University of Tennessee. Independent research activities may trigger the need for clearance through the Visitor’s Engaged in Research process before access to UT systems and data is given. The regulations state permitted activities as follows:
The term “business,” as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire.
(a) Applicants should be classified B-1 visitors for business, if otherwise eligible, if they are traveling to the United States to: (1) Engage in commercial transactions, which do not involve gainful employment in the United States (such as a merchant who takes orders for goods manufactured abroad); (2) Negotiate contracts; (3) Consult with business associates; (4) Litigate; (5) Participate in scientific, educational, professional, or business conventions, conferences, or seminars; or (6) Undertake independent research.
The level of involvement required of the department in hosting visitors for business will vary depending on the purpose of the visit. It is very important that a clear determination of the support expected from the department or faculty host is established before the arrival of the visitors.
Steps for Procuring a Visitor Visa
Step One
Determine the scope of the visit and all activities the visitor will be involved in. A one page memorandum clearly stating the purpose of the visit, the general timeline of travel, and the activities to be completed is typically useful. This will ensure all parties agree on the scope of departmental and faculty host support, and it is possible that the Department of State may request this as part of the visitor’s visa application process.
Step Two
Determine if the host department needs to complete the Visitor Engaged in Research process. This is required as per the University of Tennessee System Policy RE0002. Not all visitors will need to go through this process. The Office of Research, Innovation & Economic Development has a helpful decision tree that will assist you in determining if this is a required step. See Does the Visitors Engaged in Research Policy Apply?
Step Three
Determine if the visitor can apply for a visa waiver. In many cases, visitors from certain countries can apply for a visa waiver and travel using Electronic System for Travel Authorization (ESTA). This is typically a much easier route for approved visitors. Instructions on visa waiver eligibility is available at the Visa Waiver Program.
Step Four
If the visitor is not eligible for a visa waiver, the visitor will need to apply for the visitor visa following the Visitor Visa instructions.
Step Five
When the visitor arrives, it is the responsibility of the department and host faculty member to ensure that the visitor has access to any prior agreed to resources. If necessary, it is imperative that the Visitor Engaged in Research process has been completed before access to UT systems is granted.
Payment of Honorarium and Expenses
Guidelines for the payment of honorarium and reimbursement of expenses for visitors is available at Independent Contractor/Guest Traveler Payment Guidance.
Regulatory Background
Classification. An alien is classifiable as a nonimmigrant visitor for business (B-1) or pleasure (B-2) if the consular officer is satisfied that the alien qualifies under the provisions of INA 101(a)(15)(B), and that:
(1) The alien intends to leave the United States at the end of the temporary stay (consular officers are authorized, if departure of the alien as required by law does not seem fully assured, to require the posting of a bond with the Secretary of Homeland Security in a sufficient sum to ensure that at the end of the temporary visit, or upon failure to maintain temporary visitor status, or any status subsequently acquired under INA 248, the alien will depart from the United States);
(2) The alien has permission to enter a foreign country at the end of the temporary stay; and
(3) Adequate financial arrangements have been made to enable the alien to carry out the purpose of the visit to and departure from the United States.
(b) Definitions.
(1) The term “business,” as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire. For the purposes of this section building or construction work, whether on-site or in plant, shall be deemed to constitute purely local employment or labor for hire; provided that the supervision or training of others engaged in building or construction work (but not the actual performance of any such building or construction work) shall not be deemed to constitute purely local employment or labor for hire if the alien is otherwise qualified as a B-1 nonimmigrant. An alien seeking to enter as a nonimmigrant for employment or labor pursuant to a contract or other prearrangement is required to qualify under the provisions of § 41.53. An alien of distinguished merit and ability seeking to enter the United States temporarily with the idea of performing temporary services of an exceptional nature requiring such merit and ability, but having no contract or other prearranged employment, may be classified as a nonimmigrant temporary visitor for business.
(2) (i) The term pleasure, as used in INA 101(a)(15)(B) for the purpose of visa issuance, refers to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, and does not include obtaining a visa for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States.