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What Is a B Nonimmigrant?

A B nonimmigrant is an alien whose admission to the United 91¶ÌÊÓƵs is based on a temporary visit for business (B-1) or a temporary visit for pleasure (B-2). Section 101(a)(15)(B) of the Act defines the visitor classification as:

An individual (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such work) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United 91¶ÌÊÓƵs temporarily for business or temporarily for pleasure.

Based on the statutory language, the U.S. Citizenship & Immigration Services (USCIS) has long held a B-1 nonimmigrant to be one seeking admission for legitimate activities of a commercial or professional nature, and a B-2 nonimmigrant to be one seeking admission for activities relating to pleasure.

Honorarium Payment

Any individual admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for usual academic activity or activities (lasting not longer than 9 days at any single institution) as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization and is made for services conducted for the benefit of that institution or entity and if the individual has not accepted such payment or expenses from more than five institutions or organizations in the previous 6-month period.

The organization or institutions are defined as an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or a nonprofit research organization or a Government research organization.

Change from B visa status

If you want to change the purpose of your visit while in the United 91¶ÌÊÓƵs, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval from U.S. Citizenship & Immigration Services (USCIS), do not assume the status has been approved, and do not change your activity in the United 91¶ÌÊÓƵs. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed from the United 91¶ÌÊÓƵs. Your authorized status and the date your status expires can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United 91¶ÌÊÓƵs with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

If you are changing status from B-1/B-2 to F or M student, refrain from enrolling in or beginning your studies until USCIS has approved your change of status. If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. You may need to wait to attend (have deferred your attendance).

Please note that you must maintain your B-1 or B-2 status while your Form I-539 is pending.

USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program's initial start date.

This means you will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

• Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. In this case, you must file a second Form I-539 requesting to extend your B-1 or B-2 status. If you do not file this extension request on time, USCIS will deny your Form I-539 request to change to F-1 or M-1 status. Please continue to check the while your Form I-539 change of status request is pending to determine if you need to file a request to extend your B-1/B-2 status.

• Your F-1 or M-1 program start date is deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 or M-1 program start date, and your B-1/B-2 status expires more than 30 days before that program start date. You will need to file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date.

  Because extending your current stay in B-1 or B-2 status or changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request, per the User Fee Statute, found at 31 U.S.C. 9701. For more information about this process, please visit USCIS .