22 C.F.R. § 41.31

Temporary visitors for business or pleasure

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Classification. An alien is classifiable as a nonimmigrant visitor for business (B-1) or pleasure (B-2) if the consular officer is satisfied that the alien qualifies under the provisions of INA 101(a)(15)(B), and that:

(1) The alien intends to leave the United States at the end of the temporary stay (consular officers are authorized, if departure of the alien as required by law does not seem fully assured, to require the posting of a bond with the Secretary of Homeland Security in a sufficient sum to ensure that at the end of the temporary visit, or upon failure to maintain temporary visitor status, or any status subsequently acquired under INA 248, the alien will depart from the United States);

(2) The alien has permission to enter a foreign country at the end of the temporary stay; and

(3) Adequate financial arrangements have been made to enable the alien to carry out the purpose of the visit to and departure from the United States.

(b) Definitions. (1) The term “business,” as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire. For the purposes of this section building or construction work, whether on-site or in plant, shall be deemed to constitute purely local employment or labor for hire; provided that the supervision or training of others engaged in building or construction work (but not the actual performance of any such building or construction work) shall not be deemed to constitute purely local employment or labor for hire if the alien is otherwise qualified as a B-1 nonimmigrant. An alien seeking to enter as a nonimmigrant for employment or labor pursuant to a contract or other prearrangement is required to qualify under the provisions of § 41.53. An alien of distinguished merit and ability seeking to enter the United States temporarily with the idea of performing temporary services of an exceptional nature requiring such merit and ability, but having no contract or other prearranged employment, may be classified as a nonimmigrant temporary visitor for business.

(2)(i) The term pleasure, as used in INA 101(a)(15)(B) for the purpose of visa issuance, refers to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, and does not include obtaining a visa for the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States.

(ii) Any visa applicant who seeks medical treatment in the United States under this provision shall be denied a visa under INA section 214(b) if unable to establish, to the satisfaction of a consular officer, a legitimate reason why he or she wishes to travel to the United States for medical treatment, that a medical practitioner or facility in the United States has agreed to provide treatment, and that the applicant has reasonably estimated the duration of the visit and all associated costs. The applicant also shall be denied a visa under INA section 214(b) if unable to establish to the satisfaction of the consular officer that he or she has the means derived from lawful sources and intent to pay for the medical treatment and all incidental expenses, including transportation and living expenses, either independently or with the pre-arranged assistance of others.

(iii) Any B nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is presumed to be traveling for the primary purpose of obtaining U.S. citizenship for the child.

[52 FR 42597, Nov. 5, 1987; 53 FR 9172, Mar. 21, 1988, as amended at 85 FR 4225, Jan. 24, 2020]

Notes of Decisions

Cited in 36 cases (15 in the last 5 years), 1995–2026 · leading case: United States v. Ravneet Singh, 979 F.3d 697 (9th Cir. 2020).

Sort: Relevance Newest Treatment

United States v. Ravneet Singh, 979 F.3d 697 (9th Cir. 2020). · cites it 5× “” 22 C.F.R. § 41.31 (a)(1). Azano traveled weekly back and forth between San Diego and Mexico City for business purposes.”

Nikijuluw v. Gonzales, 427 F.3d 115 (1st Cir. 2005). “See generally 22 C.F.R. § 41.31 (a) (1998). The petitioner overstayed his visa without securing the appropriate authorization from the Immigration and Naturalization Service (INS).”

Emokah v. Mukasey, 523 F.3d 110 (2d Cir. 2008). “22 C.F.R. § 41.31 (a). To qualify for non-immigrant status under section § 1101(a)(15)(B), an alien must “hav[e] a residence in a foreign country which he has no intention of abandoning and [be] visiting the United States temporarily.”

United States v. Alzanki, 54 F.3d 994 (1st Cir. 1995). “”); 22 C.F.R. § 41.31 . Although the defense presented contrary testimony, the jury fairly could infer that the most efficacious threats are those the victim reasonably believes can be carried out.”

CSL Plasma Inc. v. United States Customs & Border Prot., 33 F.4th 584 (D.C. Cir. 2022). “” 22 C.F.R. § 41.31 (b)(1). The “local” designation applies only to “employment or labor for hire.”

David Kinyua Mwongera v. Immigr. & Naturalization Serv., 187 F.3d 323 (3rd Cir. 1999). “22 C.F.R. § 41.31 (a). The regulation goes on to define “business” as used in the statute as “referring] to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature.”

Alzaben v. Garland, 66 F.4th 1 (1st Cir. 2023). “See 22 C.F.R. § 41.31 (a). Later that year, he married a United States citizen, through whom he obtained status as a conditional permanent resident.”

Bd. of Regents of the Univ. Sys. of Georgia v. Winter, 771 S.E.2d 201 (Ga. Ct. App. 2015). “See 22 CFR§ 41.31 (b) (1), (2). 5 An office manager/administrative assistant for DID averred in an affidavit that Winter’s start date was extended to September 1, but the affidavit does not state when this occurred.”

United States v. Ravneet Singh, 924 F.3d 1030 (9th Cir. 2019). · cites it 6× “The panel rejected Azano’s contentions that his possession of a gun as a B2 visa holder fell within the “pleasure” designation in 22 C.F.R. § 41.31 .(b)(2) or automatically qualified as a “sporting purpose” pursuant to 18 U.”

Robert v. Reno, 25 F. App'x 378 (6th Cir. 2002). “This section identifies business visitors who may enter the United States on a B-l visa and work as “transportation operators” in international commerce under the North American Free Trade Agreement (“NAFTA”).”

Mohamed Bouras v. Eric Holder, Jr., 779 F.3d 665 (7th Cir. 2015). · cites it 2× “§ 1101 (a)(15)(B); 22 C.F.R. § 41.31 (a). He overstayed his visa and thus was, like so many others, living in this country illegally.”

Katz Park Avenue Corp. v. Jagger, 46 A.D.3d 186 (N.Y. App. Div. 2007). “* The holder of a B-l or B-2 visa must show, inter alia, that he or she “intends to leave the United States at the end of the temporary stay” (22 CFR 41.31 [a] [1]). Such visitors “may he admitted for not more than one year and may be granted extensions of temporary stay in…”

Show all 36 citing cases →

— 22 C.F.R. § 41.31(b)(1) — 1 case

Thompson v. U.S. Dep't of Homeland Sec. (M.D. Fla. 2024).

— 22 C.F.R. § 41.31(b)(2) — 2 cases

United States v. Ravneet Singh, 979 F.3d 697 (9th Cir. 2020). “” 22 C.F.R. § 41.31 (a)(1). Azano traveled weekly back and forth between San Diego and Mexico City for business purposes.”

United States v. Ravneet Singh, 924 F.3d 1030 (9th Cir. 2019). “The panel rejected Azano’s contentions that his possession of a gun as a B2 visa holder fell within the “pleasure” designation in 22 C.F.R. § 41.31 .(b)(2) or automatically qualified as a “sporting purpose” pursuant to 18 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.