Applying for a B-1/B-2 Visitor Visa
TO: Applicants for B Visas
FROM: Francis J. Flanagan
RE: Applying for a B-1/B-2 Visitor Visa
This memo and the accompany checklist are provided to outline most of the documents required to present as evidence in order to effectively apply for a B-1 or B-2 visa. The State Department is in charge of all U.S. Embassies and Consulates therefore it is this agency that ultimately issues visas to individuals interested in coming to the United States. While Sayer Regan Thayer and Flanagan provides the legal assistance on the application process, there are no guarantees a visa will be secured. Enhanced security clearance measures as well as country profiles including the incidence of fraud and return rates all play factors in the Consulate’s ability to issue a visa. It is our role to provide the client with information and documentation on the visa process in order to overcome any of the Consulate’s concerns.
The B-1 visa is intended for business visitors including those attending meetings, participating in business transactions, conferences or similar activities. A B-2 visa is intended for visitors for pleasure such as tourists or for purposes visiting friends and family. Another permissible function of the B-2 is for an individual coming to the United States for medical treatment or as a prospective student interviewing at Universities and colleges. The B-1/B-2 is not a status that provides for U.S. work authorization.
Each Embassy/Consulate operates somewhat differently in each country depending upon that country’s specific conditions and profile. Consulate Officers are trained to take these conditions into consideration when issuing visas and in this situation first impressions matter greatly. Primarily, the Consulate requires documentary proof of your ability to support yourself while you are in the United States. You must show that you have enough funds for your trip and any expenses. Furthermore, the Consulate will require evidence that you have strong ties to your home country—that you are more than likely to return home after your visit (whether for business or pleasure). It is these standards that you must address in order to secure a B-1 or B-2 visitor visa. We recommend that you prepare the following documents to be presented as evidence to secure a visa:
I. Suggested documents required to apply for a B-1 Business Visitor Visa
a. An invitation letter from the U.S. entity, organization or company indicting that you have been invited to the U.S. to participate in the specific activity (i.e. attend meetings, present to the Board, attend a conference, negotiate a contract, etc.);
b. A letter from the applicants home country employer verifying the nature of the business transaction and confirming the applicant is expected to return by a certain date;
c. An itinerary of the travels including the cities and business that will be visited, lodging arrangements and appointments made for the visit;
d. Documentation identifying the bone fide business including a brochure, business licenses, incorporation documents;
e. Copies of the exchange of correspondence between U.S. entity and the applicant or the applicant’s company;
f. Recent contracts between the companies;
g. Copies of recent advertising, conference materials or brochures; and, in some cases, the complete tax statements for the past two years.
II. Suggested documents required to apply for a B-2 Visitor (tourist) Visa
a. Current original documents concerning your business, job, property, income, savings, and tax returns;
b. Income tax statements and any documents showing assets, if any;
c. If you are a government employee or in the Armed Services, a NOC (no objection certificate) and letter and a leave sanctioned letter;
d. Original bank statement showing all deposits and withdrawals for the past six months (A letter from the back solely describing your character is not acceptable);
e. Evidence of financial support such as income and assets or Form I-134, Affidavit of Support and bank statements and employment letter from close relatives in the United States. The I-134 is not necessary if the relative in the U.S. can show income/assets;
f. Copy of the passport of the relative in the U.S. A copy of the relative’s passport and documents that show proof of relationship (if possible);
g. Documents to show the “sponsor” or relative’s legal status in the U.S.; and,
h. Copy of valid credit card, and accompanying bill/statement.
III. Other letters and evidence for a B-1 or B-2 application
a. Evidence of social, economic or family ties, including but not limited to birth certificates of spouse, children, parents, etc.
b. Letter from a university or school indicating the applicant is expected to return to complete his/her course of study; and/or,
c. Letter from applicant’s employer indicating he/she is expected to return to the position;
d. Original letter from someone (a “sponsor’) who is willing to offer room and board or other financial assistance during the stay in the U.S.;
e. Copy of other foreign accounts such as checking, investments, etc.(with translations, if necessary) showing financial means to pay for the trip; or
f. Other financial information that can demonstrate the applicant’s capability to support himself/herself in the U.S.
g. Copy of applicant’s enrollment or in a future program of study or letter from school inviting the applicant to visit the campus; and/or,
h. Evidence of close family or financial ties to home, such as family obligations and or accounts, owning property in your home country or other such ties to home;
IV. Standard Documents Required
a. Valid passport for at least six months from date of travel and any prior visa stamps;
b. Two passports style photographs;
c. Completion of Form(s) DS-156 and DS-157; and,
d. Letter explaining why applicant seeks a B-1 or B-2 visa
Please assemble the above and deliver them to us at the Immigration Practice Group at Sayer Regan Thayer and Flanagan. The materials will be prepared for maximum effectiveness.
Please note that the processing of visa applications by the Embassy/Consulate varies. Some applications will take longer than others.