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.
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