Visitors to the US for Business or Pleasure | Toronto Immigration Lawyers

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Visitors to the US are foreign nationals who enter the country for temporary stays to engage in certain business or leisure activities. Depending on the length and purpose of the trip, visitors to the US may need a visa issued by a US embassy or consulate, an application to the Visa Waiver Program through ESTA, or, for Canadians, no advance application at all.

The visa or status category for visitors for business or pleasure is B-1/B-2. B-1 is for business visitors, and B-2 is for pleasure visitors, but they are often issued as a combination B-1/B-2 visa. Visitors in B-1 or B-2 status may not work or attend school. All visitors must show that they intend to enter the US for a temporary period of time and that they maintain a residence abroad.

Visitors are generally admitted to the US for up to six months, or up to 90 days for visitors on the Visa Waiver Program. However, the length of stay for each trip is determined at the time of entry by the immigration officer.

Visitors for Business (B-1)

Business visitors may engage in a range of activities, but they are not allowed to work. The distinction between permissible business activities and impermissible work is complex.

Permitted general business activities include, among others:

  • Consulting with business associates, negotiating contracts, taking orders, or other commercial transactions that are NOT employment in the US
  • Conferences, seminars, and independent research

Additional permitted business activities can include:

  • Participating in certain professional athletic events and international sporting events, including supporting crew or coaches
  • Providing contractually obligated installation, service, or training to US workers on equipment or machinery bought abroad
  • Other activities incidental to employment abroad

Working in the US on a B visa or status is not permitted. This includes working as a “digital nomad,” which means working remotely for a foreign employer while physically in the US. Although other countries, including Canada, allow digital nomads in some circumstances, the US does not.

Visitors for Pleasure (B-2)

Visitors for pleasure include those traveling for tourism, to visit family, or to engage in recreational activities.

FAQs

Canadians are exempt from the visa requirement to visit the US and can be given visitor status at the time of entry to the US. Members of Visa Waiver Program countries can file for visitor status via ESTA before traveling to the US for stays of up to 90 days. Everyone else needs a visa issued by a US consulate or embassy abroad.

Yes, attending one of these events is permissible business visitor activity.

No. The validity of the visa when you can ask for admission to the US. Each individual stay for the US is governed by the I-94 which states how long you can stay in the US on that particular trip.

This is a document issued only online by US border officials that indicates your type and permitted duration of status in the US. You can review your latest I-94 at https://i94.cbp.dhs.gov/home. You should check your I-94 immediately after each entrance to the US.

Only with permission and a good reason. Visitors on the Visa Waiver Program cannot extend their stay.

Maybe. You might be eligible to file an application to change status depending on your circumstances. Visitors on the Visa Waiver Program generally cannot change their status from within the US. This is a complex situation, so contact one of the US immigration lawyers at Guberman // Appleby Immigration Lawyers for assistance.

Maybe for filming, and probably not for brand activations. It depends on your specific activities. Contact us to discuss your unique situation.

How Guberman//Appleby Immigration Lawyers Can Help

Our immigration lawyers have the knowledge and experience necessary to help you file the appropriate application or prepare the necessary port of entry documents. Our Leading US immigration lawyers can provide support for visiting the US for pleasure or business.

The team of US immigration lawyers at Guberman // Appleby are here to guide you through the process every step of the way and help those who wish to enter the US as a visitor. Obtain guidance on the visitor process and options with our help; contact us today.