B1/B2 Visa – Tourist Visa
Eduardo Mattos • October 27, 2022
You probably have already heard, seen, or had a B1/B2 visa. But do you know what B1 and B2 mean? For starters, B1 is for temporary visitors for business, and B2 is for temporary visitors for pleasure. Ok, so B1 is for business purposes, and B2 is for enjoying the United States while spending money there.
But what does business purposes mean here?
The main question that might come to your mind is, "Can I get paid for doing something that adds value to a business?" The answer is my favorite, get ready.
It depends!
What you want to ask here is where the money is coming from. If the payment comes from a U.S. source, then this probably means you are working without authorization, violating the B1/B2 status. This type of visa does not allow you to enter the American labor market.
However, a B1/B2 visa allows you to perform services in the United States for your foreign employer. For example, you can come with a B1/B2 to perform repair services on a machine that your foreign employer sold to an American company. When the deal was made, there was likely a clause entitling the buyer to get the necessary repairs by the seller in case something was not working as it should. Well, someone will most likely need to come to the United States and get their hands dirty. In this case, you can come to perform the service and, if you wish, stay to hang out and shop. Here, the B1/B2 holder is employed and paid by a foreign company and is coming to the United States to further the business relationship between the U.S. company and the employer, so no problem.
Other permissible activities for this visa are commercial transactions that do not involve getting paid by a U.S. company, such as coming for meetings, taking orders, and selling. Selling here means that you are selling on behalf of the foreign company, which will then get paid for the product or service. You would be ultimately paid by your foreign employer outside the United States.
What about volunteer activities? I am not getting paid, so it’s ok, right? Not really. The safest definition of volunteer work is work done without the expectation of receiving any benefits, done on behalf of a nonprofit organization. Anything other than that is risky since you might be getting non-financial benefits for your volunteer work, and your "volunteer employer" will likely be profiting from your admirable willingness to work with the expectation of return.
Lastly, athletes can come to the United States to compete under a B1/B2 and may receive a cash prize but might not get "paid to perform." And entertainers cannot use this type of visa to perform in the United States unless they participate in cultural programs sponsored by the home country's government. Other than that, entertainers need an appropriate visa, such as, in many cases, an O visa. More to come on this.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
