The B visa category in the United States allows for various visits, including tourism, business, and participation in certain educational activities like clerkships and internships. Understanding the specific activities permitted under this visa category is essential for compliance with U.S. immigration regulations.
Clerkships and Internships on a B Visa
While B visas generally do not permit hands-on employment or extensive training programs in the U.S., there are exceptions, particularly in the context of medical education and business observations:
- Medical Clerkships: Medical students in foreign institutions can apply for a B visa to participate in elective clerkships at U.S. medical schools. These clerkships should be unpaid and form a part of the student’s education in their third or fourth year of medical school. This opportunity is strictly for practical experience and does not extend to graduate medical training, which typically requires a J-visa due to restrictions under INA 212(e).
- Business or Professional Observations: Professionals coming to the U.S. to observe business, professional, or vocational activities are eligible under the B-1 classification. It’s crucial that these individuals are self-funded and do not engage in hands-on employment. Those seeking practical experience through on-the-job training or clerkships generally require H1B, L1, or J-1 visas.
Essential Considerations for B-1 Visa Applicants
When applying for a B-1 visa, it’s essential to be aware of the following:
- Dependents (spouses and children) must apply separately for a B-2 visa and adhere to its specific regulations.
- B-1/B-2 visa holders are prohibited from accepting employment in the U.S.
- Issuance of a B-1 or B-2 visa is not guaranteed. Applicants should refrain from finalizing travel plans until they have received their visa.
- A valid U.S. visa in an expired passport remains valid. Travelers can use a valid visa and a new passport for entry into the U.S.
Understanding these nuances is vital for foreign nationals planning to enter the United States for specific educational or observational purposes under the B visa category. Compliance with U.S. immigration law ensures a smooth and lawful visit.
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Additional Outside Resources
- USDOS: Visitor Visas
- USCIS: B-1 Temporary Business Visitor
- USCIS Form I-539 Change of Status
- 9 FAM 402.2-5(E)(3) (U) Clerkship
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You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
