In the United States, the most common visa used for short-term trips is the B visa. This is a combination of the B-1 visa (for short-term business trips) and the B-2 visa (for short-term tourism/pleasure trips). People on B visas are generally not allowed to engage in productive work or study activities. However, in some cases, B visas can be issued that allow people to engage in some types of productive work and learning activity, in lieu of another visa. The three visa categories, for which a B visa could be issued instead, are the H-1B visa (the primary use case: a temporary visa for skilled workers), H-3 visa (a trainee and special education exchange visitor visa), and J-1 visa (a visa for exchange visitor students and scholars). The U.S. Department of State recommends that consular officers clearly annotate such B visas to make the scope of the visa clear to the applicant and the U.S. Customs and Border Protection officer at the port of entry.
Prior to the September 2001 attacks, the B visa could also be used by people on short courses of study, but now such people need to get a M-1 visa or F-1 visa. However, B visas may still have annotations that allow for transition to student visas through Form I-539.
Not all United States consulates offer B visas in lieu of other visas. The total number of such visas issued is also small: for instance, in 2011, the U.S. Department of State reported that fewer than 1000 B-1 in lieu of H-1B visas were issued annually. Some consulates, such as the Chennai consulate, explicitly listed the B-1 in lieu of H-1B as part of the Business Executive Program until that program was discontinued on April 1, 2015. Some consulates, such as the Mumbai consulate, list the B-1 in lieu of H-1B but not as part of any specific program.
This article discusses these rare uses of the B visa and the rules governing these uses.
Rules governing the B visa, and the limited way these rules are modified
Inflexible rules
The following rules governing the B visa need to be honored even for B visas issued in lieu of other visas:
The person must not receive compensation from a United States source; however, provision of accommodation or reimbursement of expenses incidental to a temporary stay are allowed. The person's stay must be temporary, both per visit and in terms of the total duration of stay (in case of a multi-entry visa). The person should still enter without immigrant intent or the intent to convert the stay to a long-term stay; for instance, the person should not look for employment in the U.S. job market.
Restrictions on usual B visas that get relaxed
People on usual B visas are allowed to engage in the following activities:
Engaging in commercial transactions, which do not involve gainful employment in the United States (such as a merchant taking orders for goods manufactured abroad) Negotiating contracts Consulting with business associates Litigating a court case Participating in scientific educational, professional, or business conventions, conferences, or seminars Undertaking independent research
B visas issued in lieu of work or trainee visas add to this list of permissible activities the activity of productive work or learning activity in the specific context permitted by the visa. For instance, a B visa issued in lieu of a H-1B for a worker for a non-U.S. company working on a project for a U.S. client allows the worker to engage in productive work activity as part of completion of the project.
Generally, a B visa issued in lieu of any other visa category is strictly more powerful than an ordinary B visa. In particular, all activities permitted under an ordinary B visa are permitted for a B visa in lieu of another visa. In particular, a B visa in lieu of another visa can be used for ordinary business or travel purposes as long as the visa is valid.
Differences in the application criteria and process
For a typical work or exchange visitor visa, there are additional prior steps that need to be taken before the visa application:
For all employer-sponsored nonimmigrant work or trainee visas (in particular, the H-1B visa and H-3 visa), Form I-129 (Petition for a Nonimmigrant Worker) needs to be filed with the United States Citizenship and Immigration Services. For the H-1B visa, a Labor Condition Application needs to be filed with and approved by the U.S. Department of Labor prior to filing Form I-129. The J-1 visa requires a Form DS-2019 to be issued by an appropriate Student and Exchange Visitor Program-certified institution.