B-1/WB
Purpose
The Visitor for Business category is appropriate for visitors who wish to come to the United States to engage in temporary commercial, business, or professional activities related to their employment or business abroad. This activity may NOT constitute “employment” as defined by the U.S. Department of State: The term “business,” as used in INA 1-1 (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.
The Department of State and Department of Homeland Security agencies limit the purposes for legitimate use of the B-1 visa or WB Status. Following are examples that are directly applicable to academics:
- Consult with business associates;
- Participate in scientific, educational, professional, or business conventions, conferences, or seminars;
- Undertake independent research
Eligibility for B-1/WB Classification
Eligibility for B-1 classification must be established to the consular officer when applying for a B-1 visa (WB Visitors must pre-register their visit through ESTA and are restricted to a maximum of 90 days per visit) and for B-1/WB status by the port of entry officer when applying for entry to the U.S. Submit evidence of the purpose of the trip, intent to depart the U.S., and the arrangements made to cover the costs of the trip. This requirement can be satisfied with a letter from the USC hosting unit indicating the above information.
B-2/WT
Purpose
The Visitor for Pleasure (or Tourism) category is appropriate for visitors who wish to come to the United States to engage in a variety of activities “for pleasure.” The term pleasure, as used in INA 101(a)(15)(B), 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.
Eligibility for B-2/WT Classification
Eligibility for B-2 classification must be established to the consular officer when applying for a B-2 visa (WT Visitors must pre-register their visit through ESTA and are restricted to a maximum of 90 days per visit) and for B-2/WT status by the port of entry officer when applying for entry to the U.S. Submit evidence of the purpose of the trip, intent to depart the U.S., and the arrangements made to cover the costs of the trip.
Restrictions
B-1 visitors for business and B-2 visitors for pleasure are prohibited from “enrolling in a course of study” unless they apply for and USCIS approves a change from B status to F-1 or J-1 student status. [8 C.F.R. § 214.2(b)(7) and 8 C.F.R. § 248.1(c), as amended by 67 Fed. Reg. 18062 (April 12, 2002)].
WB/WT Visitors are likewise prohibited from enrolling in a course of study by the same provisions, and Change-of-Status to F-1 or J-1 student status is not possible under the WB/WT categories. Those in WB/WT status would have to exit the country and apply for an F-1 or J-1 student visa at a U.S. Consulate or Embassy abroad.
Recommendations
ISSS recommends USC hosting departments provide detailed invitation letters on USC department letterhead providing dates, locations, and activities related to the conference/event. Include funding if provided. If possible, include a schedule of events. These documents will support the visitor’s visa application and interview.
Visitors should be prepared to answer questions related to their visit. Answers should be honest, concise, and direct; do not provide extra details or ramble. Practice your answers in English. Show strong ties to your home country and be able to prove your intent to return home; do not show interest in staying in the U.S. beyond the conference. Do not say you’re enrolling at USC – you are attending a conference, etc.