Under section 214(b) of the INA, “every alien (other than a nonimmigrant described in subparagraph (h)(i) or (L) of section 101(a)(15) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a nonimmigrant visa, and the immigration officers, at the time of application for admission, that he is entitled to nonimmigrant status under section 101(a)(15).”

How does one prove “bona fide non-immigrant intent”?

Because there are such a high number of applications for short-term business and tourist visas in comparison to the rest of non-immigrant visa categories, the issue of immigrant intent is more closely scrutinized for B visa applicants.  The State Department has specified five general requirements for issuance of a B visa to a foreign national.  These requirements are rarely waived:

1. The alien is entering the U.S. for a limited duration;
2. The alien intends to depart the U.S. at the expiration of his or her stay;
3. While in the U.S., the alien maintains a foreign residence which he or she has no intention of abandoning;
4. The alien has adequate financial arrangements to travel to, travel within, and depart from the U.S.;
5. The alien will only engage in limited activities relating to business or pleasure.

For typical employees of established and large or recognizable companies who intend to engage in productive business activities, a letter from the company setting forth a legitimate business reason, setting specific dates during which business will be conducted, and including supporting documentation of the trip arrangements, will usually adequately demonstrate bona fide non-immigrant intent.  Generally, detailed statements from large employers (called ‘affirmations’) are sufficient to show bona fide non-immigrant intent.