A US tourist visa (B1/B2) is the regular visa that the US Embassy will issue to you when you want to visit the United States. This visa is issued at your local Embassy and requires you to undergo a simple process in order to obtain it. Once you have a valid visa, you can travel to the US. The visa is generally issued for a 10 year period and each trip can be for up to 6 months.
You may wonder: what activities are allowed when in the US on a tourist visa? Here’s a detailed breakdown of the complicated conditions
Business Activities on a United States tourist visa
There are certain business activities that are allowed when you are visiting the US. It’s important to note that working in the US is not allowed under any circumstances. If you would like to pursue employment in the US, it’s important for you to get a US work visa before entering the country, such as an E-2 visa or an L-1 visa. With that work visa, you will be able to work in the US, receive a US based salary and stay for a long period of time. You can even bring certain family members to come and live with you. Your spouse can work in the United States legally and your minor children can attend the local schools.
What’s important to note is that it’s hard to define what is considered “work” or “employment” in the US and there is a lot of gray area. Our recommendation is to err on the side of caution and keep away from activities that are close to work. So what business activities can you do?
- Engage in commercial transactions (such as taking orders for their foreign based business)
- Negotiate contracts
- Consult with business associates
- Litigate
- Participate in conferences and seminars
- Undertake independent research
There shouldn’t be any physical labor or work and no salary received within the US.
Tourism Activities in the US
You are also able to visit the US to tour attractions throughout the country. This can be a short trip or a longer vacation however it cannot be longer than your authorized stay. It’s really important to check how long you can stay through the CBP website.
Many people go to the US to visit friends and family. You can go to the US to spend quality time with people who live there however you cannot go and live with them. Your stay in the US needs to be temporary. You cannot have plans to live in the US when you are entering as a tourist.
Having a Baby in the US
Anyone who is born in the US is automatically a US citizen. They can use their birth certificate as proof of having US citizenship. Due to this, there is trend of birth tourism – women who enter the US with the intention to give birth on United States soil. According to the regulations, this is not allowed. You cannot enter the United States as a tourist with the intention of having a baby in the US.
Frequent Visits to the US
Under a B1/B2 visa, there is no limit to how much you can visit the US. You can enter the US for 6 months at a time as long as your visa is valid. However, if the officer at border control notes that you are visiting the US often, they may think that you are working illegally. They may check your phone and take you aside for extensive questioning. The officer can cancel your visa and ban you from entering the US.
If you are entering the US a lot, it is important to check what other visa types may be more appropriate for the purposes of your travel.
If you are planning to travel to the US, it’s important that you have the correct visa for purpose of your travel. The B1/B2 US visa doesn’t cover every type of purpose. The regulations detail many types of allowed activities and defines where the line is drawn between allowed and not allowed.
Our law firm assists you to check if the activities you plan to do in the US is allowed and whether a different visa type is recommended. Our US immigration lawyers will handle your process if you need a work visa or Green Card. Call us up to make an initial consultation on 03-372-4722.
