B-1/B-2 Visa Guide (2026): Rules, Requirements, and Compliance for Business Travel

A complete compliance guide to the B-1/B-2 visa for short-term travel to the USA

7 January 2026 | By Alex Schulte

The B-1/B-2 visa is the main way foreign nationals enter the United States for short-term business or leisure travel. On paper, it’s simple: attend meetings, go to conferences, visit clients, or take a holiday.

In practice, it’s anything but. The line between permissible “business” and unauthorised work is narrow, inconsistently applied, and enforced at the border by officers with wide discretion. What looks compliant in a policy memo can unravel quickly during a five-minute inspection at the airport.

Recent policy changes have only raised the stakes. Higher application fees, closer scrutiny of frequent travellers, and increased attention on visitors with pending or approved work visas have left very little room for error.

This guide is written for global mobility, HR, operations, and compliance teams responsible for short-term business travel to the United States. It focuses on how B-1/B-2 visas are interpreted and enforced in practice, where companies and travellers most often get it wrong, and how to manage the risks before they turn into refusals or bans.

TL;DR

B-1 is for limited business visitor activities, not productive work for a US entity.
B-2 is for tourism, family visits, and medical treatment.
Your allowed stay is decided at the border and shown on your I-94.
Carry proof of purpose, ties to home, and a clear itinerary.
If the role involves hands-on delivery, ongoing services, or being paid by a US source, you may need a work-authorised visa.

What is a B-1/B-2 Visa?

A B-1/B-2 visa (B1/B2) is a U.S. visitor visa for temporary trips for business and tourism. B-1 covers limited business visitor activities like meetings and negotiations. B-2 covers tourism, family visits, and medical treatment. It does not permit employment, and your authorised stay is set on your I-94 record at entry.

The B-1/B-2 visa is the United States’ primary temporary visitor visa, split into two distinct classifications that are often combined on a single visa foil:

B-1 (Business Visitor): Allows foreign nationals to enter the U.S. temporarily for legitimate business activities that don’t constitute local employment. This includes attending meetings, conferences, contract negotiations, consulting with business associates, participating in litigation, or attending board meetings. Remember: your services must benefit a foreign employer, with profits accruing outside the U.S. and compensation paid abroad.
B-2 (Tourism/Pleasure): Covers tourism, vacations, visiting relatives, medical treatment, and participation in unpaid amateur events.

Key characteristics of a B-1/B-2 visa

Validity period: Often issued for 10 years, but this doesn’t mean you can stay in the U.S. for 10 years; it’s the window during which you can travel to the U.S.
Actual stay duration: Typically limited to 6 months per entry, determined by the I-94 record issued at the port of entry.
No dual intent: Unlike H-1B or L-1 visas, B-visa applicants face a presumption of immigrant intent under INA Section 214(b), meaning you must prove strong ties to your home country.
No Derivative Status: B-1 holders cannot automatically bring dependents; spouses and children must qualify independently for B-2 visas.

How often does a B-1/B-2 visa get approved?

In fiscal year (FY) 2024, the global approval rate for B-1/B-2 visitor visas was approximately 72.2%. This has risen steadily for three consecutive years.

Approval rates vary by nationality. According to U.S. Department of State data, approval rates for European residents are significantly higher than those from African and Middle Eastern countries.

The statutory framework of B-1/B-2

To be eligible for a B visa, applicants must prove that they intend to be a ‘visitor’.

INA Section 101(a)(15)(B) makes this clear. It defines ‘visitors’ as foreign residents who have no intention of abandoning their country of residence during their visit to the United States.

The burden of proof rests entirely on the applicant.

You must demonstrate compelling ties to your home country, such as family obligations, employment contracts, property ownership, and financial commitments, that create irresistible reasons to return after a temporary stay.
Your projected visit period must align with your stated purpose, and you need specific, realistic plans for the entire duration.
If officers suspect you’ll engage in unauthorised activities or labour, denial is mandatory, not discretionary.

Remember: Every B-visa applicant is presumed to be lying about their intention to return home.

Which Business Activities Trigger B-1/B-2 Compliance Risk?

According to 22 C.F.R. 41.31 and 9 FAM 402.2-5(B), “business” refers to legitimate activities of a commercial or professional nature. Not local employment, but rather activities that facilitate international commerce, which benefits a foreign employer.

This includes:

Consultation with Associates: Strategic planning, policy development, or professional matters with business partners.
Contract Negotiations: Discussing and finalising business agreement terms (though actual contract signing triggering immediate local labour faces scrutiny).
Conferences and Seminars: Participating in scientific, educational, professional, or business conventions on specific dates.
Litigation: Court appearances, depositions, or managing legal proceedings related to foreign business interests.
Independent Research: Conducting research not for U.S. institutions and not involving employment.
Board Meetings: Attending Board of Directors meetings for U.S. corporations.

The unifying requirement across all activities: Services must benefit a foreign employer whose main place of business is overseas, with profits enjoyed outside of the US.

In a nutshell:

Allowed on a B-1 visa

Attend business meetings, conferences, and trade shows
Negotiate contracts and speak with clients or partners
Take part in short business consultations
Do independent research and fact-finding

Not allowed on a B-1 visa

Do productive work for a US employer or client
Provide hands-on services that a US worker would normally do
Receive salary or compensation from a US source for US-based work
Fill a role in the US, even if the employer is overseas
Work “remotely” in the US if the activity is effectively US work in practice
Receive training (where permitted) without performing productive work

Are there any exceptions?

Commercial or industrial workers: The “after-sales” exception

Under 9 FAM 402.2-5(E)(1), specialised workers may enter on B-1 visas to install, service, or repair commercial or industrial equipment purchased from companies outside the U.S., or to train U.S. workers to perform such services.

But the “After-Sales” exception is strictly interpreted. To qualify:

The contract of sale must specifically require the seller to provide these services or training.
The worker must possess specialised knowledge essential to the seller’s contractual obligation.
The equipment must have been manufactured outside the United States.

This exception explicitly excludes building or construction work. B-1 visitors may supervise or train construction workers, but cannot perform physical labour themselves.

Remember: HR professionals must ensure invitation letters explicitly reference the contract of sale and specific technical duties to avoid entry refusal.

Foreign airline employees

Employees of foreign airlines may qualify for B-1 status when working in executive, supervisory, or highly technical capacity for airlines engaged in international transportation.

These individuals may also enter as B-1 to “deadhead” or join aircraft for onward international flights, as they’re not admissible as alien crewmen (D visa) if not yet in service on the vessel.

The B-1 “in lieu of” H-1B and H-3

The “B-1 in lieu of H” category is for foreign nationals who would otherwise qualify for the H-1B or H-3 visa to enter the US for a short time.

For employers to qualify: The employer must maintain offices abroad and disburse payroll abroad.
For employees to qualify: The employee must be customarily employed by the foreign firm, with a salary source remaining abroad.
This is perfect for: High-level consultants or technical experts needing a U.S. presence for short periods to perform tasks that would technically constitute labour but where the foreign entity remains the employer.

Compliance tip: If B-1 visas are issued under this section, they must be annotated accordingly on visa foils. Failure to disclose “in lieu of” intent during interviews can trigger visa fraud allegations if travellers are later found performing work-like activities.

Common B-1/B-2 compliance challenges

When CBP considers B-1 activity to be ‘work’

One of the most frequent compliance failures involves crossing the threshold from “doing business” to “working.” Remember, the B-1 visa is for foreign nationals working for foreign employers.

Consider the following question: could a U.S. worker have been paid to perform this specific task?

If the answer is yes, you’re engaging in productive labour, regardless of who’s paying you or where profits accrue. Even meetings that “close deals,” direct project execution, or supervision of U.S. staff can constitute prohibited work.

The communication error

Here’s where many business travellers sabotage themselves: telling CBP officers they’re coming “to work.”

Even if the work is technically lawful under B-1 standards, this phrasing triggers immediate red flags leading to secondary inspection or entry denial. HR managers must coach employees on precise language: you’re coming “for business meetings,” not “to work.”

Activities explicitly prohibited include managing U.S. business operations, hiring staff, or performing hands-on work while physically present.

Immigration risks of remote work on B-1 visas

The U.S. government views any labour performed while physically present in the U.S. as potentially requiring work authorisation.

Checking emails or attending single virtual meetings during vacations is unlikely to trigger enforcement. Relocating to the U.S. for several months to work remotely for foreign companies will.

Corporate tax and permanent establishment (PE) risks

Prolonged remote work in the U.S. on B visas can trigger “Permanent Establishment” (PE) risks for foreign companies, if they’re judged to have a physical presence.

According to the OECD Model Tax Convention Thresholds, there are ways to reduce the risk.

For example, the PE risk is lower if employees spend less than 50% of their annual working time in host countries, the nature of the work, if the employee has no “fixed place of business”, and if employees are in the US for non-professional reasons, such as accompanying spouses.

2025-2026 Regulatory Changes

Proclamation Against Misuse of B Visas

On September 19, 2025, a presidential proclamation targeted the “misuse of B visas” by alien beneficiaries of approved H-1B petitions, claiming that some might attempt early U.S. entry or use B-1 status to bypass new fee requirements.

This means employees with pending or approved H-1B petitions will face scrutiny at both consular interviews and ports of entry if entering with a B-1 visa.

Higher Fees

Visitor visa applications now cost roughly $435, as the U.S. government added a new $250 Visa Integrity Fee on top of the standard $185 application fee, effective October 1, 2025.

The Integrity Fee is non-refundable unless applicants fully comply with all visa rules during their stay, avoiding overstays and unauthorised work.

The B-1/B-2 Visa Application Process

A Step-By-Step Guide

B-1/B-2 applications are processed at local U.S. embassies or consulates.

Complete the online form and file it: Form DS-160. Print the confirmation page, as you’ll need it for the interview.
Upload your digital photo.
Attend the interview.

Note: Digital fingerprint scans will be taken during the interview.

Plan for backlogs

U.S. consulates have been facing enormous backlogs since late 2025, with many posts, particularly in India and Africa, having rescheduled non-immigrant visa interviews into 2026 and even 2027. This is largely due to enhanced vetting and narrowing criteria. Ensure you plan strategically.

The three-minute interview

Most B-visa interviews last between three and five minutes, with decisions often made within the first 60 seconds. Applicants must overcome the 214(b) presumption of immigrant intent immediately.

Why CBP refuses entry even when a visa Is valid

Digital vetting

A visa doesn’t guarantee entry to the U.S. That’s up to the CBP officers, who can send individuals to “Secondary Inspection” if they suspect they may overstay or perform productive work.

Since 2025, there has been more digital vetting of travellers’ laptops, phones and social media history for evidence of job searching, remote work plans, and intended residence.

HR managers should advise travellers to ensure their professional digital profiles (e.g., LinkedIn) are consistent with visa applications.

The I-94 and “Satisfactory Departure”

If admitted, CBP officers issue electronic I-94 records determining authorised stay periods. These are often issued for 10-year periods, with actual stays per entry typically limited to six months.

If travellers cannot depart on time due to “extraordinary circumstances”, such as medical emergencies or pandemic-related flight cancellations, they may be granted 30-day “satisfactory departure” periods.

Remember: overstaying without authorisation automatically voids visas under Section 222(g) of the INA and can lead to multi-year re-entry bans.

Compliance considerations for travel and mobility managers

Filing for Extensions (Form I-539)

If business visitors need to stay longer than the authorised period, they must:

File Form I-539 at least 45 days before their current status expires.
Provide written statements explaining why extensions are necessary
Prove they have sufficient funds to support themselves without working in the U.S.

Extensions: Typically granted in six-month increments, with total maximum stays for single trips generally capped at one year.

Change of Status (COS) and “Preconceived Intent”

If travellers’ circumstances change while in the U.S., they may be eligible to apply for a Change of Status to other categories, such as H-1B or L-1.

This seems attractive, considering the multi-year H-1B backlogs, but USCIS might deny COS if it suspects that travellers intended to change status at the time of original entry.

Remember the “90 Day Rule”. Commonly, a change of status requested within 90 days of entry is viewed with high suspicion of fraud.

The Visa Waiver Programme (ESTA) alternative

Nationals of approximately 40 countries participating in the Visa Waiver Programme (VWP) can travel for business for up to 90 days without a visa using the Electronic System for Travel Authorisation (ESTA).

However, while faster and cheaper, VWP travellers cannot extend their stays or change status while in the U.S. If business trips may exceed 90 days, B-1 visas are the more compliant and safer choice.

B-1/B-2 vs ESTA in a nutshell

B-1/B-2: visa required in advance, used when ESTA is not available or not suitable for the trip
ESTA: visa waiver authorisation for eligible travellers, shorter stays, stricter eligibility rules
Both: do not allow US employment

Debunking Common Myths

The volunteer myth: The U.S. government views any labour that would normally be paid as “work,” regardless of whether individuals are compensated.
The “signing only” myth: All day-to-day project execution constitutes prohibited labour, even if the “final contract” isn’t signed.
The visa validity myth: The visa foil’s expiration date is the window of time they can arrive at borders; the I-94 stamp governs how long they can stay.

Actionable strategy for employers

Implement a border readiness programme: Provide travellers with standardised “Travel Folders” containing invitation letters, proof of foreign employment, and return travel tickets.
Standardise invitation letters: Ensure letters explicitly mention that no U.S. remuneration will be paid and that visitors will not supervise U.S. personnel or participate in day-to-day operations.
Budget for integrity fees: Account for the new $250 Visa Integrity Fee in all 2026 travel budgets.
Monitor “visa jumper” scenarios: Be extremely cautious with employees who have pending H-1B petitions, ensuring they don’t attempt B-1 entry to commence work early in violation of the September 2025 Proclamation.
Manage global remote work: Establish a 30-day “hard cap” for remote work from the U.S. for foreign-based employees to minimise PE tax risks and immigration violations.

Why expert guidance is a strategic imperative

B-1/B-2 visa compliance is not what it used to be.

With $435 application fees, consular backlogs stretching into 2027, and CBP officers reviewing LinkedIn profiles at the border, the stakes have fundamentally changed. One misstep – an employee saying “I’m here to work” instead of “for business meetings” – can derail months of planning.

Centuro Global’s Travel Compliance Assistant cuts through the confusion with practical, real-time guidance on what’s actually permissible, helping you avoid the expensive mistakes that trip up even experienced mobility teams.

Book a demo to see how it works.

2026 B-1/B-2 Visitor Visa: Frequently Asked Questions

How much does a B-1/B-2 visa cost in 2026?

As of 2026, the total cost for a B-1/B-2 visitor visa application is approximately $435. This total is comprised of the standard $185 application fee and a new $250 Visa Integrity Fee, which became effective on October 1, 2025.

What is the new $250 Visa Integrity Fee?

The Visa Integrity Fee is a non-refundable charge added to the standard application cost to ensure that travellers fully comply with all visa rules during their stay. This fee is specifically aimed at reducing instances of overstays and unauthorised work.

Can I enter on a B-1 visa if I have a pending H-1B petition?

Under the September 19, 2025, Presidential Proclamation, travellers with pending or approved H-1B petitions will face significantly closer scrutiny at both consular interviews and ports of entry. The government is targeting the potential “misuse of B visas” by individuals who may be attempting to enter the U.S. early to begin work in violation of their status.

What activities are allowed on a B-1 Business Visa?

Permissible B-1 activities include attending business meetings, participating in scientific or professional conventions, negotiating contracts, and consulting with business associates. You are also permitted to attend board meetings for U.S. corporations or engage in independent research.

What activities are strictly prohibited on a B-1/B-2 visa?

You are not allowed to perform productive work for a U.S. employer or client, nor can you receive a salary or compensation from a U.S. source for work performed while in the country. Furthermore, you cannot fill a role that a U.S. worker would normally perform or manage U.S. business operations.

Can I work remotely while in the U.S. on a visitor visa?

The U.S. government views any labour performed while physically present in the U.S. as potentially requiring work authorisation. While checking emails or attending a single virtual meeting during a holiday is unlikely to trigger enforcement, relocating to the U.S. for several months to work remotely for a foreign company is considered a violation of status.

Does a valid B-1/B-2 visa guarantee entry into the U.S.?

No, a visa does not guarantee entry. Admission is decided entirely by Customs and Border Protection (CBP) officers at the port of entry. Officers have wide discretion and may refuse entry if they suspect the traveller intends to overstay or perform unauthorised work