B-1/B-2 & WB/WT Visitors

ISSS provides guidance based on current regulatory information and is not a substitute for legal counsel.   

Temporary Visitor Status: The “temporary visitor” status is a nonimmigrant classification for those desiring to enter the US temporarily for allowable business (B-1 or WB), for pleasure (B-2 or WT), or a combination of purposes. 

  • B-1/B-2 Visa Requirement: Visitors must apply for an entry visitor visa prior to coming to the US for the purposes of business or pleasure. For citizens of Canada and Bermuda, a nonimmigrant entry visa is not required to come to the US in this non-immigrant status. 
  • Visa Waiver Program (WB/WT): Travelers coming to the US for tourism or business from countries participating in the Visa Waiver Program (VWP) may be granted permission to enter for 90 days only and may not extend their stay.
  • Visa and Entry Discretion: The US Department of State (DOS) and Department of Homeland Security (DHS) officers have wide discretion in granting B-1/B-2 nonimmigrant visas or entry to the US.  
  • Restricted Activities: Activities such as study for credit, performing research or lecturing for the university likely require another immigration category, such as F-1 student or J-1 exchange visitor. 
  • Visitor Visa Information: See DOS information on Visitor’s Visas for Pleasure and Business for further information on permitted activities and requirements.   
  • Visitor Responsibility: B-1/WB or B-2/WT visitors are not entering in a non-immigrant status sponsored by the university. It is the foreign national’s responsibility to obtain a visa or apply for ESTA to gain admission to the US. They also assume any risk associated with the decision to attempt entry to the US in this category.

Reimbursement for Travel Expenses and Honorariums 

See Penn’s Division on Finance for information on eligibility and the process for a visitor to receive an honorarium and/or travel reimbursement from Penn.  

Documentation

Required Documentation: Visitors arriving in the US in B-1, B-2 or visa waiver status should carry letters of invitation from the host institutions they will visit. 

Invitation Letter Contents: The letter(s) presented to US officials should only include statements about the applicant that the person signing the letter can verify.  Information may include: 

  • Personal Information
    • Name, dates, location, and purpose of visit 
    • Date of birth and passport number (if known) of the visitor 
  • Honoraria and travel reimbursements offered 
    • Information on how transportation and local expenses are to be funded  
    • Any kind of reimbursement for expenses incidental to the temporary stay (use the language from the Foreign Affairs Manual cited below) 
  • Sponsoring Organization
    • Information on the organization sponsoring the visit or meeting and relationship to the visitor 
  • Contact Information
    • Name, title, contact information (phone, fax, e-mail, meeting Web site) of person responsible for the visit or meeting, in case the consular officer has further questions
  • If they will receive any kind of reimbursement for expenses incidental to the temporary stay, use language from the Foreign Affairs Manual cited below.

Visitor Intent: It is also important for the individual to note that they must: 

  • Residence Requirement: Have a residence abroad to which they intend to return 
  • Limited Stay: Intend to remain in the US only for a specified limited period 
  • Permitted Activities: Participate in legitimate activities of B or visa waiver visitors  
  • Return Tickets: Have a return ticket or other confirmation to show US officials that they will leave within a specified period of time 
  • Financial Proof: Be able to document that they have personal funding to support him/herself for the duration of their limited stay in US 

Limitations: International visitors should be informed in advance of the limitations of the B-1/B-2/visa waiver honoraria rule and cautioned to be careful not to exceed those limitations. 

Department of State Foreign Affairs Manual includes the following:

9 FAM 402.2-5(F)(1) (U) Incidental Expenses or Remuneration

A nonimmigrant in B-1 status may not receive a salary from a U.S. source for services rendered in connection with their activities in the United States.  A U.S. source, however, may provide the applicant with an expense allowance or reimbursement for expenses incidental to the temporary stay.  Incidental expenses may not exceed the actual reasonable expenses the applicant will incur in traveling to and from the event, together with living expenses the applicant reasonably can be expected to incur for meals, lodging, laundry, and other basic services. 

9 FAM 402.2-5(F)(2) (U) Honorarium Payment

INA 212(q) provides that a B-1 nonimmigrant may accept an honorarium payment and associated incidental expenses for usual academic activities (which can include lecturing, guest teaching, or performing in an academic sponsored festival) if: 

  1. The activities last no longer than nine days at any single institution or organization; 
  2. Payment is offered by an institution or organization described in INA 212(p)(1); 
  3. The honorarium is for services conducted for the benefit of the institution or entity; and 
  4. The applicant has not accepted such payment or expenses from m ore than five institutions or organizations over the last six months. 

Other Visitor Option for Medical Students/Doctors

9 FAM 402.2-5(E)(3) (U) Clerkship 

Except as in the cases described below, applicants who wish to obtain hands-on clerkship experience are not deemed to fall within B-1 visa classification.

Medical Clerkship:

An applicant who is studying at a foreign medical school and seeks to enter the United States temporarily to take an “elective clerkship” at a U.S. medical school’s hospital without remuneration from the hospital. The medical clerkship is only for medical students pursuing their normal third- or fourth-year internship in a U.S. medical school as part of a foreign medical school degree. An “elective clerkship” affords practical experience and instructions in the various disciplines of medicine under the supervision and direction of faculty physicians at a U.S. medical school’s hospital as an approved part of the applicant’s foreign medical school education. It does not apply to graduate medical training, which is restricted by INA 212(e) and normally requires a J-visa.

9 FAM 402.2-5(F)(3) (U) Medical Doctor 

A medical doctor whose purpose for coming to the United States is to observe U.S. medical practices and consult with colleagues on latest techniques, if no remuneration is received from a U.S. source and no patient care is involved. Failure to pass the Foreign Medical Graduate Examination (FMGE) is irrelevant in such a case.