Using a B1/B2 visa properly

This column is Part III of a series on applying for, qualifying for, and using a B1/B2 non-immigrant (visitor’s) visa. Today’s column covers uses of the visa and a discussion of good travel.

Receiving a visa

Part II of this series discussed qualifications for a US visa. If a visa is issued, the applicant makes delivery arrangements through DHL and should expect to receive their passport back within 10 business days in most cases. Generally, the US Embassy issues a full-validity, 10-year visa to qualified applicants.

Using your visa

A visa gives the bearer the right to ask for admission to the US; admission is not automatic and depends on the decision of the immigration official. At the port of entry, an immigration official will make a determination on your admission to the US and admit you for a specific period of time, normally six months. All applicants should plan to depart the US before the authorised period of

stay expires.

Like consular officers, immigration officials at the port of entry review whether an individual’s purpose for travel makes sense.

For example, a teacher may spend two to three months in the US during the summer holiday season, which fits into their work schedule. If, however, a teacher spends several months in the US during the school year, officials will want to understand how that person can be absent from their employer for an extended time. In this type of case, it could be that a tenured teacher had accumulated extensive vacation leave and chose to travel during the school year. Likewise, if a traveller visits the US three times per month, officials will want to understand how the traveller funds such frequent travel and what they are doing during their trips.

If applicants are unable to explain the frequency or duration of their trips to the US, it can affect their admission to the US or the renewal of their visa. Keep in mind that, before renewing your visa, consular officers try to weigh whether you will use a new visa according to the terms outlined in US immigration law.

Unauthorised activities

Holders of B1/B2 non-immigrant visas should use their visas for tourism or, in specific circumstances, for conducting business. While the visitor’s visa can be used to conduct several business activities, such as scouting a location to lease for a business, attending a conference or trade show, or taking orders for products produced in Jamaica, it cannot be used if you intend to manage a business in the US, accept a salary from a US entity, or expect to gain employment from a US employer after attending a training, conference or trade show. In general, individuals should not seek or engage in employment while travelling on a B1/B2 visa, nor should they enrol in full-time schooling as each of these activities require a specific and different type of visa.

The American Embassy staff in Kingston will answer any questions you may have regarding US consular law, regulations and/or practice. In order to respect the privacy of applicants, the embassy will not answer questions on specific personal applications.

Send your questions to: editorial@jamaicaobserver.com and we will send them to the embassy.