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Investment and Business-related Visas

B-1, E1, and E2

There are four basic types of nonimmigrant visitors to the U.S. They are B-1 visitors for business, B-2 tourists or visitors for pleasure, WB waiver for business and WT waiver for tourist. The B-1 and B-2 non-immigrants typically require visas to enter the U.S. B-1 and B-2 non-immigrants can be admitted for an initial period of up to 6 months which is reflected on the Form I-94. They are allowed to file an extension of stay for up to an additional 6 month period or an application to change their status to another nonimmigrant classification or immigrant status if they are so eligible. The WB and WT non-immigrants are entering under a visa waiver program and are visa exempt and are, therefore, not required to apply for a visa at a U.S. Consulate prior to entering the U.S. Only citizens of certain countries are eligible for WB and WT entrances. These are, for the most part, limited to members of the European Economic Community such as the U.K., France and Germany and to a few other select countries which have mutual agreements that allow U.S. citizens to travel freely to their countries such as Japan and Australia. Please note that WB and WT non-immigrants are barred from extending their stay in the U.S. or changing their status to another nonimmigrant or immigrant classification (exception: immediate relative of U.S. citizen). Furthermore, they are only admitted for a maximum period of stay of 90 days. WB and WT non-immigrants are issued a special Form I-94 that is on green card stock and sets for the terms of the non-immigrant's stay.

The common factors for all visitors are that they are coming to the U.S. temporarily, they have a foreign residence abroad that they have no intention of abandoning and they will not work or study in the U.S. Persons who are coming to the U.S. primarily to benefit an overseas Employer enter as either B-1 or WB non-immigrants; those persons who are entering for personal reasons enter as B-2 or WT non-immigrants.

For B-1 and WB business visitors, the list of permissible activities includes engaging in commercial transactions not involving gainful employment in the U.S. For example, taking sales orders or making purchases of inventory or supplies for a foreign Employer; negotiating contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional or business conventions or conferences are acceptable activities. B-1s and WBs cannot receive a salary or payment from any U.S. source other than reimbursement for expenses accrued.

E-1/E-2

Treaty Traders/Investors are aliens who enter the U.S. pursuant to the provisions of a treaty of commerce and navigation or bilateral trade agreement between the U.S. and the foreign state of which the alien is a national. Under the Trader category, the employee is entering solely to carry on substantial trade in services or technology between the U.S. and the foreign state. Under the Investor category, the investor is entering solely to develop and direct the operations of an enterprise in which s/he has invested substantial capital. Employees of the investor (or the established company) may also work in the U.S. under certain circumstances.

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