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VISITORS FOR BUSINESS ("B-1") AND PLEASURE ("B-2")
Generally, a citizen of a foreign country who wishes to enter the United
States must first obtain a visa, either a nonimmigrant visa for
temporary stay, or an immigrant visa for permanent residence. The "B"
visitor visa is a nonimmigrant visa for persons desiring to enter the
United States temporarily for business (B-1), or for pleasure or medical
treatment (B-2). Persons planning to travel to the U.S. for a different
purpose such as students, temporary workers, crewmen, journalists, etc.,
must apply for a different visa in the appropriate category. The
consular officer can provide additional information.
Qualifying For A VISA
Applicants for visitor visas must show that they qualify under
provisions of the Immigration and Nationality Act. The presumption in
the law is that every visa applicant is an intending immigrant.
Therefore, applicants for visitor visas must overcome this presumption
by demonstrating that:
The purpose of their trip is to enter the U.S. for business,
pleasure, or medical treatment; That they plan to remain for a specific,
limited period; and That they have a residence outside the U.S. as well
as other binding ties which will insure their return abroad at the end
of the visit.
VISA Ineligibility/Waiver
The nonimmigrant visa application Form OF-156 lists classes of persons
who are ineligible under U.S. law to receive visas. In some instances
an applicant who is ineligible, but who is otherwise properly
classifiable as a visitor, may apply for a waiver of ineligibility and
be issued a visa if the waiver is approved.
Applying For A Visitor VISA
Applicants for visitor visas should generally apply at the American
Embassy or Consulate with jurisdiction over their place of permanent
residence. Although visa applicants may apply at any U.S. consular
office abroad, it may be more difficult to qualify for the visa outside
the country of permanent residence.
Required Documentation
Each applicant for a visitor visa must submit:
1) An application Form OF-156, completed and signed. Blank forms are
available without charge at all U.S. consular offices;
2) A passport valid for travel to the United States and with a validity
date at least six months beyond the applicant's intended period of stay
in the United States. If more than one person is included in the passport,
each person desiring a visa must make an application;
3) One photograph 1 and 1/2 inches square (37x37 mm) for each applicant
aged 16 and older, showing full face, without head covering, against a
light background.
Optional Documentation
Applicants must demonstrate that they are properly classifiable as
visitors under U.S. law. Evidence which shows the purpose of the trip,
intent to depart the United States, and arrangements made to cover the
costs of the trip may be provided. It is impossible to specify the
exact form the evidence should take since applicants' circumstances vary
greatly.
Persons traveling to the U.S. on business can present a letter from the
U.S. business firm indicating the purpose of the trip, the bearer's
intended length of stay, and the firm's intent to defray travel costs.
Persons traveling to the U.S. for pleasure may use letters from
relatives or friends in the U.S. whom the applicant plans to visit, or
confirmation of participation in a planned tour.
Persons traveling to the U.S. for medical treatment should have a
statement from a doctor or institution concerning proposed medical treatment.
Those applicants who do not have sufficient funds to support themselves
while in the U.S. must present convincing evidence that an interested
person will provide support. Visitors are not permitted to accept
employment during their stay in the U.S. Depending on individual
circumstances, applicants may provide other evidence substantiating the
trip's purpose and specifying the nature of binding obligations, such as
family ties or employment, which would compel their return abroad.
Additional Information
A person whose passport contains a previously issued visitor visa should
inquire about special expedited procedures available at most consular
offices for issuance of a new visitor visa.
Unless previously canceled, a visa is valid until its expiration date.
Therefore, if the traveler has a valid U.S. visitor visa in an expired
passport, he or she may use it along with a new valid passport for
travel and admission to the United States.
A non-refundable $45.00 application fee is collected at posts which
issue machine-readable visas. If there is a fee for issuance of the
visa, it is equal as nearly as possible to the fee charged to United
States citizens by the applicant's country of nationality.
Applicants for visitor visas should not find it necessary to employ
persons to assist them in preparing documents or securing access to the
U.S. consular office.
Attempting to obtain a visa by the willful misrepresentation of a
material fact, or fraud, may result in the permanent refusal of a visa
or denial of entry into the United States.
If the consular officer should find it necessary to deny the issuance of
a visitor visa, the applicant may apply again if there is new evidence
to overcome the basis for the refusal. In the absence of new evidence,
consular officers are not obliged to re-examine such cases.
U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the
United States. The U.S. Immigration and Naturalization Service (INS)
has authority to deny admission. Also, the period for which the bearer
of a visitor visa is authorized to remain in the United States is
determined by the INS, not the consular officer. At the port of entry,
an INS official must authorize the traveler's admission to the U.S. At
that time the INS Form I-94, Record of Arrival-Departure, which notes
the length of stay permitted, is validated. Those visitors who wish to
stay beyond the time indicated on their Form I-94 must contact the INS
to request Form I-539, Application to Extend Status. The decision to
grant or deny a request for extension of stay is made solely by the INS.
VISA Waiver Pilot Program
The Visa Waiver Pilot Program was established in 1986. Initially, the
program allowed citizens of selected Western European nations and Japan
to enter the U.S. without visas if their purpose was merely to visit for
90 days or less. They were prohibited from extending, changing or
adjusting their status absent special circumstances (e.g., marriage to a
citizen of the U.S.).
Subsequently, this program has been extended several times, and presently
expires on April 30, 2000. The following
countries are presently included in the program:
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ANDORRA
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ARGENTINA
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AUSTRALIA
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AUSTRIA
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BELGIUM
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BRUNEI
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DENMARK
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FINLAND
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FRANCE
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GERMANY
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ICELAND
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IRELAND
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ITALY
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JAPAN
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LUXEMBOURG
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MONACO
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NETHERLANDS
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LIECHTENSTEIN
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NEW ZEALAND
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NORWAY
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SAN MARINO
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SLOVENIA
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SPAIN
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SWEDEN
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SWITZERLAND
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UNITED KINGDOM
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Further Inquiries
Questions on visa application procedures and ineligibilities should be
made to the American consular office abroad by the applicant.
Adapted from
UNITED STATES DEPARTMENT OF STATE
PUBLICATION 10080
Bureau of Consular Affairs
Visa Services Directorate
August 1995
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