B Visa: Biggest Numbers with Least Oversight

Fact Sheet - Monday, March 10, 2025

Federal Oversight Agencies: DOS, CBP
Dependents: N/A

The Basics:

• The B visa is commonly thought of as the “tourist” visa, though Congress created the B visa for temporary visitors for either business (B-1) or tourism (B-2). The government has allowed aliens to apply for dual purpose business and pleasure B visas, thus obliterating the lines Congress drew.

• Permissible B-1 activities include: negotiating a contract; attending an academic or business conference; or engaging in a business consultation. 

• Permissible B-2 activities include: trips to Disney World and other landmarks and tourist sites in the United States; visiting family; undergoing medical treatment; or volunteering in local communities. 

• B-1/B-2 visas are generally valid for a period of 10 years from issuance, but the visa holder is only permitted to remain in the United States for a maximum of six months at a time.

• B-1/B-2 visa holders may enter the United States multiple times during the 10-year validity period, as long as they don’t remain here more than six months during any one visit.

• CBP may make the duration of permitted stay shorter than six months, depending on the purpose of the visit.

• B-1/B-2 visa holders, other than domestic servants and foreign airline employees, are not eligible for employment authorization documents.

The Problem: 

• It is extremely difficult to find clearly articulated limits on permissible activities authorized under the B visa. 

• The State Department Foreign Affairs Manual (FAM) indicates that B visas may be approved for “recreational study”, fiances of nonimmigrant visa holders, and countless other esoteric B visa carveouts including for nannies and domestic employees of State Department officials. 

• According to the FAM, an alien may not be issued a B visa if the purpose of the visit is to give birth in the United States. However, the regulations make it extremely difficult to prove that is her primary purpose (see the link above).

• USCIS has no real role in B visas and CBP does not vet them in a meaningful way at ports of entry due to overwhelming numbers and the lack of regulations to apply. DHS has not articulated a common sense interpretation of what activities are permissible under B. 

• B visas too often are issued to employees of companies seeking cheap labor in the United States in a scheme called “B-in-lieu-of-H-1B.” These B visa holders are allowed to work in the United States as long as the duration of work is less than six months, and they are paid abroad. This abuse of the law allows emplyers to bypass H-1B numerical caps and hurt American tech workers. 

• Some auto manufacturers, including Tesla, have been found employing B visa holders in violation of the law. 

• Some of the 9/11 hijackers, including Mohammed Atta, used the B visa to enter the United States for flight training.

LEGISLATIVE RECOMMENDATION: Congress should clarify the permissible activities of B-1 and B-2 visa holders, and explicitly prohibit both from working in the United States. Congress should also permanently prohibit any U.S. employer found to be employing B visa holders from participating in any visa program and subject such employers to criminal sanctions. Congress should also require that the duration of a B visa be limited to the duration of the activity for which the alien intends to enter the United States.

ADMINISTRATIVE RECOMMENDATION: In the absence of Congressional action, the administration needs to draft a detailed B visa regulation outlining clearly what activities are permissible. This should explicitly bar any labor of any kind under the B visa. Moreover, CBP should be required to restrict the duration of stay by a B visa holder to the length of time required for the intended activity.