A. Criteria

1. Alien (other than student, one performing skilled or unskilled labor, or representative of foreign information media). The B classification is not meant to be "a catch-all classification available to all who wish to come to the United States temporarily for whatever purpose."[Cannot use B to enter as student].

2. Has a residence in a foreign country (need not have his own home), 9 FAM 41.31 N2, but must be "actual dwelling place in fact." INA §101(a)(33), 8 U.S.C. §1101(a)(33).

3. Has no intention of abandoning foreign residence.

4. Visiting temporarily for business or pleasure.

5. Initial Admission-1-year maximum with 6-month extensions, 8 C.F.R. §214.2(b). B-2s are automatically admitted for 6 months in most circumstances.

B. Must demonstrate pursuant to 22 C.F.R. §41.31(a)

1. Intention to depart at expiration of requested stay.

a. Must show employment, family, social ties to residence abroad. 9 FAM 41.31 N2.

b. May require posting of bond with DD at port of entry INA §221(g), 8 U.S.C. §1201(g), 8 C.F.R. §221.1.

2. Permission to enter foreign country at end of stay.

3. Adequate financial arrangements to carry out purpose of visit (e.g., for travel in the U.S. need money). 9 FAM 41.31 N2.1-Does individual have money or proof of support from friends and relatives in U.S. or abroad. Are ties sufficient between "sponsor" and applicant to insure support?

4. Documentation showing all the above.

C. Time Limitation. Admittance for up to 1 year with extension of 6 months. 8 C.F.R. §214.2(b)(1). B-2 previously given automatic 6 months. 8 C.F.R. §214.2(b)(2) but proposed rule seeks to eliminate the 6-month rule and replace it with a 30-day period.

D. B-1/B-2 Engaging in Student Studies. 8 C.F.R. §§214.2(b)(7), 248.1(c)(3). A person entering the U.S. as a B-1/B-2 can no longer begin to attend school as an F-1/M-1 without first obtaining a change of status in the U.S. or an F-1/M-1 visa abroad. If a student with a B-1/B-2 begins to attend school without an F-1/M-1 or a c/s he will be denied a change of status to an F-1/M-1.

E. B-1 Visitors for Business

1. Admissible if: [9 FAM 41.31 N4-N8 or O.I. §214.2(b)]:

a. Engaging in commercial transactions not involving gainful employment.

b. Participating in scientific, educational, professional, religious or business conventions.

c. B-1 in lieu of H-1. Traditionally, an alien who would otherwise be H-1 (other than entertainment professionals) but receives no salary or remuneration other than an expense allowance or other reimbursement incidental to temporary stay could enter as B-1.

d. Family members. A B-2 is the appropriate visa for a family member of someone entering the U.S. as a B-1 in lieu of H-1B (or H-3). As derivatives the children would be able to attend school. 9 FAM 41.11.

e. B-1 In Lieu of J-1. Certain visitors to the U.S. may have their travel funded by the U.S. government but do not fall within the J-1 category.

f. Religious workers coming temporarily to do missionary work if such work does not involve the selling of articles or solicitation and acceptance of donations, and receives no salary/remuneration except expenses.

g. Minister who will exchange pulpits but will be reimbursed by his own church abroad.

h. Minister on evangelical tour supported by contributions at evangelical meeting.

i. Personal/Domestic servants who accompany returning USCs who are temporarily assigned to U.S. or who permanently reside in a foreign country.

j. Personal/Domestic servant of a B, E, F, H, I, J, L, O, P, Q or R, provided employee can show:

(1) Not abandoning residence abroad;

(2) Has worked for employer for 1 year or has had on-going employment relations with him and employee has at least 1 year prior experience as servant. But LPRs cannot bring servants because it indicates the servant's permanency.

(3) Must be paid by contract the prevailing wage as a domestic.

k. Professional athletes such as golfers and race drivers who receive no salary, only tournament money.

l. An airline employee who would otherwise be an E except no treaty between U.S. and airline's country or alien is not national of treaty country (e.g., Swede working for Colombia airline).

m. A foreign medical student seeking to take "elective clerkship" without remuneration.

n. An alien who is the member of the Board of Directors of U.S. corporation and who is coming to U.S. for board meeting.

o. Foreign corporate personnel to set up U.S. subsidiary, as well as persons exploring E-2 investment. 9 FAM 41.31 N6.7.

p. Alien installing equipment pursuant to contract of sale. Persons engaged in supervision or training of others in building or construction work may enter as B-1s.

q. Commercial Truck Drivers engaged only in international hauling.

r. Participating in voluntary service program if religious only. Includes any service (e.g., carpenter). O.I. §214.2(b)(7).

s. Attending an executive seminar.

t. Race track personnel accompanying foreign employee.

u. Observing the conduct of business or other professional or vocational activity that does not involve hands-on business activity.

2. Basic Eligibility Test-22 C.F.R. §41.31(b),

a. Business Defined-22 C.F.R. §41.31(b).

(1.)Legitimate commercial or professional activity; or

(2) Not local employment or labor for hire.

b. Criteria

(1) Clear intent to continue foreign residence.

(2) Principal place of business and actual accrual of profits predominantly in foreign country.

(3) Various U.S. entries of plainly temporary nature.

(4) Further international commerce or business.

(5) Foreign employer who directs the employment; profits must go to employer; profits must accrue abroad; services in U.S. must be incidental to international trade and commerce (e.g., exchange of merchandise).

(6) Payment to B-1 should generally be abroad.

(7) Services being performed are not ones which a U.S. worker would have to be hired for, are not inherently part of the U.S. labor market, and are not primarily benefitting the U.S. entity as local work.

(8) INA does not extend to outer continental shelf and foreign workers are not required to obtain visas (B-1, H-2B or otherwise) to work.

3. Employment Authorization. Domestic servants and employees of airlines of non- treaty countries may obtain employment authorization to work in U.S. in these fields. 8 C.F.R. §§274a.12(c)(17), 1274a.12(c)(17).

F. B-2 Visitors for Pleasure

1. Admissible if: [9 FAM 41.31 N10-N11].

a. Tourists.

b. Social visits to friends/relatives.

c. Health purposes.

d. Participants in conventions of social organizations.

e. Participants in amateur musical, sports or similar events with no remuneration.

f. Dependants of U.S. Armed Forces personnel.

g. Accompanying D or B-1 aliens.

h. If coming to U.S. to marry USC but will depart. 9 FAM 41.31 N11.1-1.

i. If coming to U.S. to marry nonimmigrant. Must thereafter get spouse's derivative status.

j. If eligible for H-4 but inconvenient or impossible to obtain it, the spouse or child can enter on B-2. 9 FAM 41.53 N18.4

k. Non-spouse partner (regardless of gender) that accompanies a principal E, H or L for duration of stay. However, the B-2 must show entitlement to B-2 status in his/ her own right (i.e., no 214(b) problem), but the primary purpose of the travel must be to accompany his or her significant other.

l. Parent seeking to remain with F-1 child is not in and of itself a basis to deny B-2.

m. Language students in course of short duration when the course of study is under 18 hours per week.

2. Pleasure defined. "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." 22 C.F.R. §41.31(b)(2). Employment not permitted even where only remuneration is room, board and pocket change.