Visitor Visa Attorney

Travelers entering the U.S. for business or vacation must generally obtain a visitor visa before their trip. There are two types of visitor visas, and each one is designed for a different purpose and comes with different restrictions. It is, therefore, important to understand the differences between each and apply for the correct visa, as failing to do so could result in a rejected application and canceled travel plans. This page provides information about the types of visas available, the application process, and other important notes about receiving a B-1 or B-2 visa to enter the U.S.

Limitations and Restrictions

There are several limitations to B visas that applicants should keep in mind. These visitor visas cannot be used by people visiting the U.S. to study, get a permanent job, participate in paid performances, work on aircraft, or establish permanent residence, among other restrictions. They can be used solely for travel undertaken for recreation, medical treatment, or business. Business travelers must be paid only by their employer while they are in the U.S. in a professional capacity and cannot be paid by any U.S.-based entity during their stay.


It is not guaranteed that travelers will receive a visa or be admitted into the U.S. after receiving a visa. They may be refused travel due to natural disasters or illness, such as an outbreak in their home country. Travelers may also be refused entry due to missing paperwork, particularly if they have requested an extension to their visa. It may be best to refrain from buying non-refundable plane tickets, tours, and other purchases until the visa has been approved and received.

The B visa can be used for a variety of purposes from tourism and medical care (B-2 visas) to brief visits in order to accomplish business objectives (B-1 visas), or for a combination of purposes including the Snowbird B-1/B-2 for people who wish to live in the U.S. part-time. 


B-1 Business Visitors regularly enter the United States for short term business visits to engage in meetings, handle high-level training, and to secure contracts with clients. Individuals who are short-term visitors may also come to present lectures and attend conferences (ie, for association exhibitions, trade shows and other association meetings), and to engage in learning seminars. Above all, the visa does not permit employment on U.S. soil, but there is a narrow exception for accepting Honoraria for speaking in the United States.


B-1 in lieu of H-1B. Outside of simpler B-1 visas, our firm also specializes in the preparation of difficult “B-1s in lieu of H-1B” visas. This is where the person is coming to work short-term (up to 18 months) at the site of a U.S. entity (while continuing to work for the overseas primary employer) and the person will use specialized knowledge requiring a baccalaureate degree or higher. It is not the same as a person needing a B-1 Visa to train U.S. workers, but is similar. Both have their defined methods for arguing the case. We have mastered the art of presenting the application to a U.S. consulate in a tidy format so that the officer can understand the case in a glance.


B-1 in lieu of H-3 Trainee Visas. When a person is coming to the U.S. to engage in training, the optimal situation involves obtaining an H-3 Trainee Visa or even a J-1 Trainee visa for the person. But if the training will be for a short period of time not exceeding 6 months, then our firm may assess and prepare a “B-1 in lieu of H-3 Trainee visa.


B-1 Honoraria. Under the rules for B-1 Visitors, an individual may accept an honorarium payment and associated incidental expenses for academic activities lasting no longer than 9 days at a single institution. They may stack 5 institutions into a 6 month period. The payment should be offered for services which the individual conducts for the benefit of the institution (or related/affiliated nonprofit entity, which includes nonprofit research organizations or governmental research organizations). 


The B-1 Business Visitor Visa is not handed out easily by consulates but we engage in a unique case preparation method to ensure that the person is ready for the case’s presentation, to discuss their matter in the 15 to 30 seconds allotted in an interview.

In order to obtain an B-1 Visitor Visa for our clients, we work with the individual and their overseas employer, as well as the inviting U.S. entity — to plan out the entire case and then paper it. We complete the DS-160 to ensure that boxes are completed for maximal impact. 

Our law firm also extends the status of B-1 Business Visitors who are already on U.S. soil using Form I-539. This form can be submitted in a matter of hours to days depending on everyone’s ability to provide needed documentation.

The spouse of a B-1 uses the B-2 visa when accompanying the main applicant.


Visa Waiver for ESTA. Instead of applying for a B-1, the individual who comes from a country that is exempt from visa requirements for short-term visits may use ESTA to arrive to U.S. soil without a visa. Visa Waiver is the term of art used for the countries which are not required to get visas for B-1s. More can be found about the Visa Waiver Program and the participating Visa Waiver Countries here: https://www.dhs.gov/visa-waiver-program. If the individual is going to use ESTA for meetings, we prepare a small package of papers equipping the VW Visitor to be ready to clear Customs & Border Protection with the same information as if clearing a U.S. consulate. A U.S. Invitation Letter detailing the nature of the short-term activities is prepared. The foreign employer is encouraged to paper their permission to attend the U.S. activity, and to discuss ongoing foreign employment. Other ties to the home country are also papered in order to show maximal socio-economic ties to convince an officer that the visit is truly temporary.

B-1 Business Visitors regularly enter the United States for short term business visits to engage in meetings, handle high-level training, and to secure contracts with clients. Individuals who are short-term visitors may also come to present lectures and attend conferences (ie, for association exhibitions, trade shows and other association meetings), and to engage in learning seminars. Above all, the visa does not permit employment on U.S. soil, but there is a narrow exception for accepting Honoraria for speaking in the United States.

B-1 in lieu of H-1B. Outside of simpler B-1 visas, our firm also specializes in the preparation of difficult “B-1s in lieu of H-1B” visas. This is where the person is coming to work short-term (up to 18 months) at the site of a U.S. entity (while continuing to work for the overseas primary employer) and the person will use specialized knowledge requiring a baccalaureate degree or higher.  It is not the same as a person needing a B-1 Visa to train U.S. workers, but is similar.  Both have their defined methods for arguing the case. We have mastered the art of presenting the application to a U.S. consulate in a tidy format so that the officer can understand the case in a glance.

B-1 in lieu of H-3 Trainee Visas.  When a person is coming to the U.S. to engage in training, the optimal situation involves obtaining an H-3 Trainee Visa or even a J-1 Trainee visa for the person.  But if the training will be for a short period of time not exceeding 6 months, then our firm may assess and prepare a “B-1 in lieu of H-3 Trainee visa.

B-1 Honoraria. Under the rules for B-1 Visitors, an individual may accept an honorarium payment and associated incidental expenses for academic activities lasting no longer than 9 days at a single institution.  They may stack 5 institutions into a 6 month period.  The payment should be offered for services which the individual conducts for the benefit of the institution (or related/affiliated nonprofit entity, which includes nonprofit research organizations or governmental research organizations). 

The B-1 Business Visitor Visa is not handed out easily by consulates but we engage in a unique case preparation method to ensure that the person is ready for the case’s presentation, to discuss their matter in the 15 to 30 seconds allotted in an interview.

In order to obtain an B-1 Visitor Visa for our clients, we work with the individual and their overseas employer, as well as the inviting U.S. entity — to plan out the entire case and then paper it. We complete the DS-160 to ensure that boxes are completed for maximal impact.  

Our law firm also extends the status of B-1 Business Visitors who are already on U.S. soil using Form I-539. This form can be submitted in a matter of hours to days depending on everyone’s ability to provide needed documentation.

The spouse of a B-1 uses the B-2 visa when accompanying the main applicant.

Visa Waiver for ESTA. Instead of applying for a B-1, the individual who comes from a country that is exempt from visa requirements for short-term visits may use ESTA to arrive to U.S. soil without a visa. Visa Waiver is the term of art used for the countries which are not required to get visas for B-1s. More can be found about the Visa Waiver Program and the participating Visa Waiver Countries here: https://www.dhs.gov/visa-waiver-program.  If the individual is going to use ESTA for meetings, we prepare a small package of papers equipping the VW Visitor to be ready to clear Customs & Border Protection with the same information as if clearing a U.S. consulate. A U.S. Invitation Letter detailing the nature of the short-term activities is prepared. The foreign employer is encouraged to paper their permission to attend the U.S. activity, and to discuss ongoing foreign employment. Other ties to the home country are also papered in order to show maximal socio-economic ties to convince an officer that the visit is truly temporary. 


B-2 Visas are primarily used for tourism or medical care in the U.S. As with other B visas, the term of entry must be intended for short periods, not to exceed 6 months at a time, although extensions on U.S. soil may be requested and approved, depending on changing circumstances. In some cases, the person nearing the end of a term of authorized employment may also find themselves forced to apply for a B-2 visa while awaiting a next status like the reopening of an H-1B visa when the position occurs outside the 60-day H-1B Grace Period. Our firm can help you file your extension or change of status to a B visa.

A B-2 entrant is encouraged to provide proof of the short term activity.  “Short-term” or temporariness of the visit is shown through several pieces of evidence.  Have available a round-trip ticket back out of the U.S., hotel accommodation throughout the visit or proof that one will be visiting relatives or friends.  An invitation email is still the standard so that the consular officer can briefly read what activities will happen in the U.S.  Also, be prepared to discuss and prove foreign assets or ongoing foreign employment; as well as other ties to the home country. Other ties to the home country should also papered in order to show maximal socio-economic ties to convince an officer that the visit is truly temporary.   Despite best efforts at preparation, the interview for a B-2 Tourist visit may not go well.  Let us help you prepare.

Snowbirds who intend to live in the U.S. are granted B-1/B-2s.  We can help prepare a concrete filing for the U.S. government in order to maximize your chances of winning your case and leading a life that is part-time in the U.S.  But, careful, because working on U.S. soil even for a foreign entity or for oneself as an artist (for pay) is not allowed.  We may need to strategize another visa option for you.

Visa Waiver for ESTA. Instead of applying for a B-1 or B-2, the individual who comes from a country that is exempt from visa requirements for short-term visits may use ESTA to arrive to U.S. soil without a visa. Visa Waiver is the term used for the countries which are not required to get B visas. More can be found about the Visa Waiver Program and the participating Visa Waiver Countries here: https://www.dhs.gov/visa-waiver-program.  To apply for ESTA, go here: https://esta.cbp.dhs.gov/esta. 

Visa Waiver for ESTA.  Visa Waiver is the term used for the countries which are not required to get B visas.  Instead of applying for a B-1 or B-2 (or B-1/B-2), the individual who comes from a country that is exempt from visa requirements for short-term visits might be allowed to use ESTA to arrive to U.S. soil without a visa. The term of U.S. entry, however, is only 90 days. 

More can be found about the Visa Waiver Program and the participating Visa Waiver Countries here: https://www.dhs.gov/visa-waiver-program.  To apply for ESTA, go here: https://esta.cbp.dhs.gov/esta. 

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Application Process

Applicants for either visa will need the proper documentation for the process. These documents include a passport valid for six months beyond the intended visit to the U.S., various applications and paperwork, an application fee, and a recent photograph. Applicants may also be required to provide documentation supporting their reason for the trip, financial status, and intentions to return to their home country. Business travelers seeking a B-1 visa may also be asked to demonstrate why their work benefits their company in the form of a letter from another employee.


The application process generally includes interviews for applicants between 13 and 79 years old. These interviews are held at the U.S. consulate to get more information about a traveler’s reasons for visiting the U.S. and their intention to leave after the trip is completed. Applicants should bring their passport, application papers or confirmation that they were submitted electronically, and documents supporting their ability to pay for the trip, the length of the trip, and an itinerary showing the places they intend to visit and the length of time they intend to be in each place. This documentation helps consular officials feel confident that the applicant does not intend to stay in the U.S. permanently or otherwise violate the terms of their visa.

Contact us online or call (703) 506-1400 to request a consultation.