B1 Extension of Stay

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B1 EXTENSION OF STAY

FOR PERSONS WHO ENTERED THE UNITED STATES

FOR BUSINESS (B-1) AND ARE REQUESTING

AN EXTENSION OF STAY

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B1 Extension of Stay

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NOTE

THIS PRODUCT PREVIEW FOR THE iKITTM

HAS BEEN MODIFIED TO SHOW SELECTED

PAGES AND DOES NOT REPRESENT THE

iKITTM

IN ITS ENTIRETY.

THIS iKITTM

HAS 24 PAGES IN TOTAL,

TOGETHER WITH LINKS TO ALL OF THE

REQUIRED IMMIGRATION FORMS, STATUTES,

AND REGULATIONS, AND CONTAINS LINE-

BY-LINE INSTRUCTIONS FOR COMPLETION

OF ALL OF THE REQUIRED FORMS.

B1 Extension of Stay

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TABLE OF CONTENTS

SECTION I – IKIT OVERVIEW .......................................................................................................................................... 4

A. DESCRIPTION OF THE B1 VISA ................................................................................................................................ 4

1. B-1 VISA ............................................................................................................................................................ 4

2. B-2 VISA ............................................................................................................................................................ 4

3. B-1/B-2 VISA ..................................................................................................................................................... 5

B. WHO SHOULD USE THIS IKIT? ........................................................................................................................................ 5 C. WHO CAN’T FILE? ....................................................................................................................................................... 6 A. WHEN TO FILE? .......................................................................................................................................................... 6 B. AUTHORIZED DURATION OF STAY ................................................................................................................................... 7 C. PROCESS OVERVIEW .................................................................................................................................................... 7

1. PREPARING TO APPLY ............................................................................................................................................ 7

2. COMPLETING YOUR APPLICATION ............................................................................................................................ 7

3. RECEIPT NOTICE FROM USCIS ................................................................................................................................ 7

4. INTERVIEW .......................................................................................................................................................... 8

5. APPROVAL / DENIAL NOTICE FROM USCIS ................................................................................................................ 8

SECTION II – IMMIGRATION LAWS ............................................................................................................................... 9

A. INA § 101(A)(15)(B) - DEFINITIONS.............................................................................................................................. 9 B. INA § 222(G) – NONIMMIGRANT VISA VOID AT CONCLUSION OF AUTHORIZED PERIOD OF STAY ................................................. 9 C. 8 CFR § 214.2(B)(1)-(3) – SPECIAL REQUIREMENTS FOR ADMISSION, EXTENSION, AND MAINTENANCE OF STATUS ..................... 9 D. 214.2(B)(7) ENROLLMENT IN A COURSE OF STUDY PROHIBITED ........................................................................................ 10 E. PERMISSIBLE B-1 ACTIVITY .......................................................................................................................................... 10

SECTION III – FILLING OUT FORM I-539 ...................................................................................................................... 15

A. GENERAL TIPS ....................................................................................................................................................... 15 B. FORM I-539 (LINE-BY-LINE INSTRUCTIONS) ................................................................................................................... 16 C. ELECTRONIC NOTIFICATION OF FILING ............................................................................................................................ 21

SECTION IV – APPLICATION CHECKLIST ...................................................................................................................... 22

SECTION V – EXHIBITS ................................................................................................................................................. 24

SECTION VI– CONCLUSION.......................................................................................................................................... 25

B1 Extension of Stay

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SECTION I – iKIT OVERVIEW

A. DESCRIPTION OF THE B1 VISA

The most common and widely used of the non-immigrant visas is the B visa. There are

two types of B visas: the B-1 (business visitor) and the B-2 (visitor for pleasure).

1. B-1 VISA

Most businesspersons entering the United States enter with B-1 visas. The visa itself,

which is issued by a US consulate abroad, may be issued for varying periods of time,

and may be issued for single or multiple entries. This must be distinguished from the

period of time that is granted by US Customs and Border Protection (CBP) once the

alien makes application for entry at a US border point. Usually, the CBP will grant

the B-1 applicant the period of time that is necessary for him or her to accomplish the

purpose of the visit, usually from a few weeks up to six months.

B-1 visas are usually issued to aliens who are coming to the United States to enter

into or negotiate contracts, purchase goods for shipment abroad, obtain orders for

products manufactured abroad, attend business conventions, consult with business

organizations, or to investigate business opportunities in the United States. They may

also be used to check on business investments that the alien has previously made in

the United States, and to permit the alien to open and establish a new US business,

although, it must be pointed out that, the alien cannot actively participate in the

management of said business.

In order to obtain a B-1 visa, the alien must establish that he or she has a residence in

a foreign country which he or she has no intention of abandoning. The alien must

also establish an intent to depart from the United States at the expiration of the

temporary stay and that he or she has adequate funds to cover the expenses of the

expected stay in the United States. In this regard, the consular or CBP official will

look to the alien's ties with the foreign country to determine whether there are

sufficient contacts to indicate the likelihood of the alien's returning to the foreign

domicile. These ties would include such things as employment abroad, family,

property, or other business or social connections with the foreign country.

Accompanying family members of B-1s, who are defined as the spouse and minor

unmarried children, are usually given the same period of time as the principal alien.

If, after entry to the United States, the alien discovers that he or she needs additional

time in order to accomplish the purpose of the trip, an extension of time may be

requested from USCIS, on immigration form I-539, which applications are usually

granted.

2. B-2 VISA

The B-2 visa, which is issued by a US consulate abroad, like the B-1 visa, may be

issued for varying periods of time, and may be issued for single or multiple entries.

B1 Extension of Stay

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SECTION II – IMMIGRATION LAWS

A. INA § 101(a)(15)(B) - DEFINITIONS

(a) As used in this Act-

(15) The term "immigrant" means every alien except an alien who is within one of

the following classes of nonimmigrant aliens

(B) an alien (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 vocation) having a residence in a foreign country which he has

no intention of abandoning and who is visiting the United States

temporarily for business or temporarily for pleasure;

B. INA § 222(G) – NONIMMIGRANT VISA VOID AT CONCLUSION OF AUTHORIZED PERIOD OF

STAY

(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa

and remained in the United States beyond the period of stay authorized by the

Attorney General, such visa shall be void beginning after the conclusion of such

period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the

United States as a nonimmigrant, except—

(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in

a consular office located in the country of the alien’s nationality (or, if there is

no office in such country, in such other consular office as the Secretary of

State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to

exist.

C. 8 CFR § 214.2(b)(1)-(3) – SPECIAL REQUIREMENTS FOR ADMISSION, EXTENSION, AND

MAINTENANCE OF STATUS

(b) Visitors —

(1) General. Any B–1 visitor for business or B–2 visitor for pleasure may be

admitted for not more than one year and may be granted extensions of

temporary stay in increments of not more than six months each, except that

alien members of a religious denomination coming temporarily and solely to

do missionary work in behalf of a religious denomination may be granted

extensions of not more than one year each, provided that such work does not

involve the selling of articles or the solicitation or acceptance of donations.

Those B–1 and B–2 visitors admitted pursuant to the waiver provided at

§212.1(e) of this chapter may be admitted to and stay on Guam for period not

to exceed fifteen days and are not eligible for extensions of stay.

B1 Extension of Stay

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SECTION VI– CONCLUSION

If you have followed all of the instructions in this iKit you are well on your way to

obtaining an extension of your B-1 status in the United States. You have been able to prepare

your entire application for an extension of stay at a fraction of the cost that you would pay to an

immigration law attorney. In addition, you have been provided with useful immigration tips that

you would not have had if you were doing the case yourself, without the aid of this iKit.

It has been our pleasure to assist you with your case. If at any time you feel that you

need to consult with one of the immigration law attorneys from this office, you can call us at

(407) 833-8951 or make an appointment online. Furthermore, we hope that you will continue to

visit our website at www.ImmigrationLinks.com for any information you need regarding US

Immigration Law.

ENJOY YOUR VISIT IN THE UNITED STATES OF AMERICA!