Critical Distinction — Visa Stamp ≠ Authorized Stay: Your B-1/B-2 visa stamp only allows you to request entry at a U.S. port of entry. It does not determine how long you can stay. A CBP officer sets your authorized stay on your Form I-94. Always verify the authorized admission period on your I-94 at i94.cbp.dhs.gov after every entry.
B-1 vs. B-2 — Statutory Differences
| Category | B-1 (Business Visitor) | B-2 (Tourist / Pleasure) |
|---|---|---|
| Permitted Purpose | Business activities — conferences, negotiations, estate settlement, interviewing for jobs | Tourism, vacation, visiting family, medical treatment, short non-credit courses |
| U.S. Wages Allowed? | Employment Prohibited No ordinary employment or productive labor in the United States | Prohibited No employment of any kind |
| Study Allowed? | Prohibited No credit degree courses | Limited Short recreational, non-credit courses may be permitted; formal study/enrollment in a course of study requires the appropriate student status |
| Typical I-94 Grant | CBP determines the authorized period; B-1 admission may be authorized for up to 1 year | Generally at least 6 months, subject to the regulatory exception; CBP determines the authorized period |
| Combined Visa? | ✅ Most applicants receive a combined B-1/B-2 visa foil | |
B-1/B-2 Activity Eligibility Checker
Select your planned activity to check whether it is permitted on a B-1, B-2, or neither:
Extending Your Stay — Form I-539
Filing Recommendation: USCIS generally recommends filing Form I-539 at least 45 days before your authorized stay expires. The application should generally be filed before the Form I-94 expiration date; 45 days is a recommendation, not an absolute filing deadline.
- Form: File Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS.
- Fees: The general Form I-539 filing fee is $420 for online filing or $470 for paper filing. Certain applicants may qualify for different fees, exemptions, or fee waivers; check the current USCIS fee schedule before filing.
- Requirements: Generally maintain the previously granted nonimmigrant status, file before the authorized stay expires, provide the required supporting evidence, and demonstrate eligibility for the requested extension. USCIS may also consider the purpose of the requested extension and whether the applicant continues to qualify as a bona fide nonimmigrant.
- ESTA / Visa Waiver Program (VWP) Restriction: A person admitted under the Visa Waiver Program generally cannot obtain an ordinary extension of stay through Form I-539. VWP admission is generally limited to 90 days, and the traveler must depart by the authorized admission date shown in the admission record, subject only to narrow statutory exceptions.
Frequently Asked Questions (FAQ)
Under INA § 101(a)(15)(B), a B-1 visa covers temporary business activities such as attending conferences, consulting with associates, negotiating contracts, or conducting job interviews. A B-2 visa covers leisure travel, tourism, visiting family, or receiving medical treatment. Most applicants receive a combined B-1/B-2 visa.
Yes. USCIS guidance permits certain B-1/B-2 visitors to seek employment and attend job interviews. However, a visitor may not begin employment or perform work in the United States in B-1/B-2 status. If employment is offered, the person must obtain the appropriate employment authorization and status before beginning work.
To extend your stay, you must file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before your current I-94 expires. The general Form I-539 filing fee is $420 for online filing or $470 for paper filing.
No. A person admitted under the Visa Waiver Program generally cannot obtain an ordinary extension of stay through Form I-539. VWP admission is generally limited to 90 days, and the traveler must depart by the authorized admission date shown in the admission record, subject only to narrow statutory exceptions.
Under INA § 214(b), an applicant for a nonimmigrant visa is presumed to be an intending immigrant unless the applicant establishes to the satisfaction of the consular officer that they qualify for nonimmigrant status. Evidence such as employment, family ties, financial circumstances, travel plans, and other circumstances may help demonstrate eligibility and the temporary nature of the proposed trip, but there is no single statutory checklist that automatically overcomes a § 214(b) refusal.
The authorized period is determined by CBP and recorded on Form I-94. Under 8 CFR § 214.2(b), B-1 and B-2 visitors may be admitted for up to one year, while a B-2 visitor who is otherwise admissible and issued an I-94 is generally admitted for a minimum of six months, subject to the regulatory exception for a shorter admission in an individual case. The actual authorized stay must be checked on the traveler’s Form I-94.
Official U.S. Government References
• U.S. Department of State B-1/B-2 Visitor Visa Guide: travel.state.gov – Visitor Visa
• USCIS Form I-539 Extension of Stay Information: uscis.gov/i-539
• CBP Official Form I-94 Retrieval Portal: i94.cbp.dhs.gov
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