Florida Board Certified in Immigration & Nationality Law (Florida Bar Member #7439). Visitor visas are the most common entries to the United States — and the most commonly misunderstood. We help applicants apply, applicants who have been refused, and visitors whose stay has gotten complicated. If you have a U.S. employer ready to sponsor you, we evaluate whether you can convert visitor status to a temporary work visa instead of leaving and re-entering.
B-1 vs. B-2 vs. ESTA
- B-1 — temporary business visitor: meetings, conferences, contract negotiations, training, professional consultations. No salary from U.S. sources.
- B-2 — tourist or medical-treatment visitor.
- ESTA — electronic travel authorization for nationals of Visa Waiver Program countries, allowing 90-day visa-free entry without applying for a B visa.
Most B-1/B-2 admissions are for 6 months. Multiple-entry visitor visas may be valid for 10 years; the duration of each admission is set by CBP at the port of entry. If a legitimate need to remain longer arises before your I-94 expires, you may be able to extend your visitor visa by filing Form I-539 before the authorized stay runs out.
What you can — and cannot — do on a B visa
- Permitted on B-1: attend meetings, conferences, training; negotiate contracts; consult with business associates; participate in short-term professional engagements; settle estates.
- Permitted on B-2: tourism; visiting family and friends; medical treatment; attending social events.
- NOT permitted: productive employment, self-employment, study (except certain short, recreational programs), receiving compensation from a U.S. employer beyond reimbursement, attending school except as recreation.
When the visa is refused
The most common refusal is INA 214(b) — failure to overcome the presumption of immigrant intent. The applicant must demonstrate strong ties to the home country: family, employment, property, ongoing obligations. We help applicants build a stronger case for re-application after a 214(b) refusal — which is not appealable but can be reapplied for at any time.
Other refusals include misrepresentation findings (212(a)(6)(C)), prior overstays triggering 3- and 10-year bars (212(a)(9)(B)), and criminal grounds. These often require formal waivers — see our visa waivers page.
If your stay gets complicated
- Extension via Form I-539 — file before the I-94 expires.
- Change of status to F-1 student, H-1B worker, etc., depending on circumstances.
- Adjustment of status if you marry a U.S. citizen during the visit (carefully — pre-conceived intent to immigrate is grounds for denial).
- Voluntary departure if your stay has gone wrong and you need to reset before re-entry.
Talk to a Florida Board Certified Immigration Attorney
Free 30-minute consultation. No obligation. Confidential. Available in English or Spanish. Serving all of Central Florida from our Orlando office since 1996.
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Can I work on a tourist visa?
No. B-1/B-2 visitors are not authorized to work in the United States — including remote work for U.S. employers, self-employment, or any productive activity beyond the limited B-1 business activities (meetings, negotiations, consultations). Working on B-2 is a serious status violation and can lead to removal and future inadmissibility findings.
I overstayed my last visit by a few weeks. Will I be denied next time?
It depends on the duration and circumstances. Overstays of less than 180 days do not trigger statutory bars on their own, but they can support a finding that you are not entitled to the presumption of return — leading to a 214(b) refusal. Overstays of 180+ days trigger a 3-year inadmissibility bar; 1+ year triggers a 10-year bar. We help you decide whether to apply, when, and what to disclose.
My visa was refused under 214(b). When can I reapply?
You can reapply at any time. There is no waiting period. But you must show meaningfully stronger evidence of ties to your home country and/or a clearer purpose for the visit. We assess what was missing in the first application and help build a stronger case.
I am here on B-2 and want to marry my U.S. citizen partner — is that allowed?
Marrying during a B-2 visit is permitted, but adjusting status to a green card right after raises pre-conceived-intent concerns. USCIS applies the so-called "90-day rule" presumption — if you marry and adjust within 90 days of arrival, USCIS may presume you misrepresented your intent on the visa application. After 90 days, the presumption fades. The case is fact-specific; we advise on the strongest path.
Can I bring my elderly parent for medical treatment?
Yes — B-2 specifically covers medical treatment. The visa applicant must show the medical reason, the treatment plan, the ability to pay (sometimes through joint sponsorship), and intent to return home after treatment. We assist with the documentation.
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