Articles Posted in B-1 Business Visitor

Last week, Thursday, July 13, 2017, U.S. District Court Judge Derrick K. Watson handed down a ruling which exempts extended family members from President Trump’s travel ban including: “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States.” These familial relationships are to be considered bona fide relationships that qualify such foreign nationals from gaining admission into the United States.  Thursday’s ruling also makes refugees with assurances from a resettlement agency, exempt from the President’s travel ban.

Last month, the U.S. Supreme Court announced that they would hear arguments challenging the President’s travel ban when the Court reconvenes in October of next year. As part of their announcement, the U.S. Supreme Court ruled that, in the interim, the President could enforce the travel ban against foreign nationals from Iran, Syria, Sudan, Libya, Yemen, and Somalia, who lack a credible “bona fide” relationship to a person residing in the United States, or entity such as an employer, religious, or academic institution.

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In their ruling, the Supreme Court however provided little guidance on what types of familial relationships would qualify as a credible bona fide relationship. The Supreme Court vaguely stated that “close familial” relationships would qualify as a bona fide relationship, citing mother-in-law’s and spouses as an example of a qualifying familial relationship. However, the Court was silent regarding extended family members.

This prompted the State of Hawaii to seek clarification from federal judge Watson, regarding what types of familial relationships would be subject to the ban. The State of Hawaii argued that the Trump administration had wrongfully interpreted the Court’s ruling to exclude close family members such as grandparents, after the administration issued a diplomatic cable to U.S. consular posts and embassies abroad that defined a “close familial relationship” to include parents, children, and in-laws, but not grandparents, grandchildren, aunts, uncles, and cousins.

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In this post, we bring you the top three mistakes to avoid when applying for a B-1/B-2 non-immigrant visa at a United States consulate or embassy abroad. All too often clients contact our office feeling distraught after receiving a B-1/B-2 visa denial from a consular official. The good news is that a B visa denial can be easily avoided by understanding the common mistakes that people make when pursuing the B nonimmigrant visa.

First, it is important to understand who is eligible to apply for a B non-immigrant visa.

B-1 versus B-2

The B-1 temporary business visitor visa is reserved for individuals who seek to travel to the United States for a temporary period to participate in a business activity of a commercial or professional nature. Examples of individuals who qualify for this type of visa include: individuals consulting with business associates, individuals negotiating contracts, settling an estate, participating in short term training, entrepreneurs who wish to travel to the United States to research the market for a potential business venture, individuals traveling for a scientific, educational, professional, or business convention, or conference, etc.

Individuals who typically apply for this type of visa are entrepreneurs and investors who wish to apply for an E-2 visa in the future and who need to visit the United States to research the market or other business activities relating to researching the viability of the business venture.

B-1 temporary business visitors may be eligible to remain in the United States anywhere from 1-6 months—with 6 months being the maximum. Ultimately, it will be up to the consular/embassy official to determine the length of your period of stay. Typically, applicants are granted an initial period of stay of 6 months. B-1 visa holders may extend their stay for an additional 6 months if it is necessary for them to remain in the United States for an extended period to complete their temporary business activity.

Similarly, the B-2 temporary visitor visa is reserved for individuals who wish to enter the United States temporarily for tourism, pleasure, or visitation. Examples of individuals who qualify for this type of visa include tourists, individuals who wish to visit friends, or relatives, individuals seeking medical treatment, amateur artists, musicians, or athletes who wish to participate in events or contests that do not provide compensation, and individuals who wish to enroll in a short recreational course of study that does not count for credit toward a degree. The length of stay granted to a B-2 temporary visitor is the same as that of a B-1 temporary business visitor.

Who may not apply for a B visa?

Individuals who wish to immigrate to the United States and remain in the United States permanently, or individuals who wish to study, seek employment, etc. may not apply for a B non-immigrant visa.

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As previously reported, the Visa Waiver Program Improvement and Terrorist Prevention Act of 2015, was a bill that was signed into law at the end of 2015, which imposed new restrictions on the use of the Visa Waiver Program (VWP) for certain travelers. In this post, we update our readers regarding new information provided by CBP in their newly updated FAQ page.

What is the Visa Waiver Program?

The Visa Waiver Program allows citizens of designated countries to apply for admission to the United States as visitors (traveling for holiday, business, or in transit) without having to obtain a non-immigrant B1/B2 visa at a U.S. Embassy or Consulate abroad, using a system known as ESTA or Electronic System for Travel Authorization.

To be eligible to travel to the United States under the visa waiver program, you must be a citizen of one of thirty-eight countries eligible to participate in the program, you must have a valid machine-readable passport issued by the participating country that is valid for at least 6 months before your planned departure, you must apply for and have an approved ESTA before your proposed travel, and you must intend to remain in the United States for 90 days or less.

You may not be eligible to travel under the VWP if you have been denied a U.S. visa in the past, or have an immigration violation. In this case, you must apply for a visitor visa at a U.S. Consulate abroad, even if your country participates in the VWP.

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In response to a memorandum issued to United States consulates and embassies around the world by President Trump and his administration on March 6, consular officials at U.S. embassies around the world are now taking tougher measures to enhance security screening of U.S. visa applicants to prevent potential security threats from entering the United States. Enhancing vetting procedures are intended to target individuals from certain “countries of concern” including the six countries of concern listed in the President’s travel ban: Syria, Sudan, Somalia, Yemen, Libya, and Iran, as well as others.

Applicants for U.S. visas from “countries of concern” can expect to undergo additional vetting procedures immediately. The U.S. Department of State has been using a supplemental questionnaire called the DS-5535 since May 25, 2017 which asks both immigrant and non-immigrant visa applicants a series of detailed questions to help consular officials determine whether a visa applicant must go through enhanced vetting to determine whether the individual poses a national security threat, or other potential threat to the United States. The questionnaire has been used as a temporary emergency measure in response to the President’s March memo, which called for enhanced screening of visa applicants, and what he has called “extreme vetting” of foreign nationals admitted to the United States.

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In this post, we discuss the latest immigration news beginning with the recent Congressional Approval of the Continuing Resolution Act that will allow funding to continue for the EB-5, Conrad 30, and special non-ministerial religious worker programs for fiscal year 2017. With the passage of this Continuing Resolution, these programs will remain afloat at least for the time being. On September 28, 2016 Congress averted a government shutdown by continuing funding for key programs with the passage of the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act of 2017. This Act will extend the EB-5 Regional Center Program and EB-4 non-minister special immigrant visa program for religious workers until December 9, 2016. In terms of adjustment of status filing dates for employment-based preference categories, USCIS has announced that for the month of October, foreign nationals seeking to apply for employment-based adjustment of status (EB-1 to EB-4 preference categories) may do so by using the Dates for Filing Applications Chart of the October Visa Bulletin for 2016. EB-5 adjustment of status applicants must use the Final Action Dates chart of the October Visa Bulletin.

What does this mean?

The signing of the Continuing Resolution Act means that this year we will not be facing a government shutdown as in previous years. This is very good news given that the upcoming elections (both for the U.S. president and Congressmen and women) may have been a factor in Congress not being able to meet the deadline to continue government funding for these key programs. EB-5, Conrad, and non-ministerial religious worker programs will continue without interruptions since these programs are part of the CR.

What will happen after December 9, 2016?

On December 9th the government will be facing another deadline that will require Congress to continue funding these very important programs. If Congress does not meet the funding deadline for these programs through the passage of another Continuing Resolution or Omnibus package, the government could face another shutdown. This would take place after the elections, but before the new Congress is in session. If an Omnibus is passed, the possibility of reforms and/or changes to the EB-5, Conrad, or non-ministerial religious worker programs is worth noting. Recent controversies may lead to reforms in the EB-5 program although it is unlikely that major reforms and/or changes to the EB-5 program will pan out before the December 9th deadline.

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A recent working paper published by Harvard economist, William R. Kerr, and Wellesley economist, Sari Pekkala Kerr, is making waves on the subject of immigrant entrepreneurship. The study asks: just how important are foreign-born entrepreneurs to our economy? Are their contributions truly significant?

The study’s abstract reads as follows:

We examine immigrant entrepreneurship and the survival and growth of immigrant-founded businesses over time relative to native-founded companies. Our work quantifies immigrant contributions to new firm creation in a wide variety of fields and using multiple definitions. While significant research effort has gone into understanding the economic impact of immigration into the United States, comprehensive data for quantifying immigrant entrepreneurship are difficult to assemble. We combine several restricted-access U.S. Census Bureau data sets to create a unique longitudinal data platform that covers 1992-2008 and many states. We describe differences in the types of businesses initially formed by immigrants and their medium-term growth patterns. We also consider the relationship of these outcomes to the immigrants’ age at arrival to the United States.

The study is important because it forces members of Congress to conduct a cost-benefit analysis, in order to determine whether or not it is beneficial for the United States to create more opportunities for highly-skilled entrepreneurs and professionals. Regrettably, the immigration debate has largely centered around illegal immigration to the United States, ignoring calls to create more flexibility for highly-skilled immigrants and immigrant entrepreneurs. As it stands today, immigrant entrepreneurs can only obtain a green card via sponsorship from a United States employer. The majority of entrepreneurs are forced to remain in the United States on a temporary ‘dual intent’ nonimmigrant visa, until a U.S. employer agrees to sponsor their green card. Visa options are very limited for highly-skilled immigrants. Even for the most brilliant of entrepreneurs, this process requires time and patience. Our current immigration laws are doing us a disservice since they are keeping out some of the most talented entrepreneurs in the world. Immigrant entrepreneurs are increasingly important because the number of businesses and American jobs they create is on the rise.

Here are some of the study’s findings:

  • As of 2008, at least one in four entrepreneurs among start-up companies are foreign-born. Similarly, at least one in four employees among new firms are foreign-born
  • 37% of new firms had at least one immigrant entrepreneur working for the company
  • At least 1 in 3 start-up firms were founded by an immigrant entrepreneur, with an increasing rate from 1995-2008
  • The share of immigrants among all employees working for start-up companies is on the rise
  • Immigrant employees in low-tech positions comprise about 22.2% of start-up companies, while 21.2% of immigrants work in high-tech positions in start-up companies
  • Among new start-ups backed by venture capitalists, 60% had at least one immigrant entrepreneur
  • Immigrant employees working for a start-up company backed by venture capitalists have higher mean average quarterly earnings

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For this blog we are answering 5 questions we have recently received through our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust and interest in our law office.

Change of Status B-2 to F-1

Q: I need advice regarding my change of status. I am currently in the United States on a B-2 tourist visa. I have filed a change of status application to change my status to F-1 student. My B-2 duration of stay will expire today and my change of status application to F-1 student is still pending with USCIS. I informed my school that I will be postponing my classes and was notified that I need to file a new I-20 and provide some missing information. I have time to make adjustments to my application but I would like to know the steps to correct any missing information. I also wanted to know if I need to leave the United States immediately since my F-1 application is still pending. Please assist.

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On January 21, 2016 the Department of Homeland Security confirmed that the Visa Waiver Program Improvement and Terrorist Travel Prevention Act would begin to be implemented. As a result of the recent terrorist attacks in San Bernardino county and abroad, Congress passed the Act in an effort to protect Americans from potential attacks and to secure the border. The Act increases travel restrictions for certain nationals seeking admission to the United States via the Visa Waiver Program.

Presently, the Visa Waiver Program allows nationals from 38 designated countries to travel and seek admission to the United States without a visa, for a maximum duration of 90 days. Visa Waiver Program travelers must have an approved Electronic System for Travel Authorization (ESTA) before travel.

As of January 21, nationals of visa waiver participating countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 will no longer be eligible to travel or seek admission to the United States under the visa waiver program.  Nationals from visa waiver participating countries who maintain dual nationality with any of the aforementioned countries, are also excluded from traveling or seeking admission to the United States under the visa waiver program. Instead, these individuals must apply for a tourist visa at a United States Consulate or Embassy abroad before seeking admission to the United States. Part of this process will require a nonimmigrant interview to be conducted, before issuance of a tourist visa. DHS expects that this new legislation will not adversely impact visa waiver program travelers, since the Act does not ban these individuals from traveling to the United States, rather it removes the privilege of traveling under the visa waiver program, and requires these individuals to apply for a tourist visa.

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Do’s and Don’ts

If you are considering applying for a temporary visitor visa to travel to the United States for purposes of leisure or to receive temporary medical treatment, there are several things you should be aware of. First, you should understand what you can do while on a temporary visitor visa and what you cannot do. You may travel to the United States on a visitor visa if your visit will be temporary. The proposed visit must be either for recreational purposes such as to visit your friends and relatives in the United States, receive medical treatment, attend a short course of study related to the nature of your trip, or to engage in activities of a fraternal, social, or service nature. You may not enroll in a course of study that exceeds your authorized duration of stay of is unrelated to the nature of your trip, and you may not seek employment during your stay. If approved, a visitor visa is generally authorized for a 6-month period which may be extended for an additional 6 months by filing Form I-539 Application to Extend/Change Nonimmigrant Status.

Does your country participate in the visa waiver program?

Before applying for a visitor visa , you should verify whether you are a citizen of a country that participates in the visa waiver program. Presently 38 countries participate in the visa waiver program, as shown below.

Andorra Hungary Norway
Australia Iceland Portugal
Austria Ireland San Marino
Belgium Italy Singapore
Brunei Japan Slovakia
Chile Latvia Slovenia
Czech Republic Liechtenstein South Korea
Denmark Lithuania Spain
Estonia Luxembourg Sweden
Finland Malta Switzerland
France Monaco Taiwan
Germany the Netherlands United Kingdom
Greece New Zealand

If your country of citizenship participates in the visa waiver program, you may not need to apply for a tourist visa at a US Consulate or Embassy abroad. If you have been previously denied a United States visa, the Electronic System for Travel Authorization (ESTA) will automatically deny your ESTA submission and you will not be eligible to travel under the VWP even if your country participates in the program. Note: The House of Representatives and the Senate is presently in talks to approve a bill that will block individuals who have traveled to Syria, Iraq, Iran, or Sudan during the last 5 years from using the visa waiver program.

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