See last week’s entry for an introduction to the topic of support on a B visa.

Once you are here in B status, there may be options for stretching your resources.   As stated above and last week, you can’t work here as part of the US economy.    But there may be some other possibilities.   This is mostly directed toward people who are here on B-1s as missionaries, because a lot of people coming here as missionaries are often on shoe-string budgets, and the work that they do is not naturally income producing.   Most of the options that I would suggest would work best within a religious situation, and many of these suggestions simply wouldn’t work for most B-1 business visitors.    On the other hand, some of these suggestions may work for B-2 visitors who want to do some volunteer work while they are visiting here in the US, and some of them might work for people who volunteer in non-religious non-profit situations as well.

Most m-ssionaries who are here in the US on a B-1 visa are supported by people in their home countries.   Although the statue nowhere says that this is allowable, I think that it is assumed to be allowable under the regulations because they are clearly allowed to come as missionaries on a B-1 visa.  The regulations specifically anticipate that they could be here for more than a year, so there has to be an assumption that they will be receiving support from abroad.

On the other hand, I know that there are people who come here on B-2 visas who volunteer with religious organizations and they are supported as m-ssionaries from their homeland.   In my opinion, that is probably not completely legal because, in reality, they are working here as m-ssionaries on a B-2.   However, since they are allowed to have friends in their home country provide them with money to live on while they are here on a B-2, and they are “volunteering” rather than working, I think this situation will probably not cause any real difficulty.   But, if they should run into a border official who is a stickler for the rules, they could get in trouble for this arrangement.

One option for B-1s who are here in the US as m-ssionaries is that they can be provided with housing and food by the organizations for whom they are volunteering.   This is a frequent arrangement for B-1s.   Remember that the housing and food cannot be in return or payment for the volunteer service.   But it can be given to allow the B-1 missionary to serve.   Again, this is not specifically allowed by the law or regulations, but I think it is within the scope of what is expected.

I know that B-2s also volunteer for organizations and receive room and board.   I think that this is a marginal activity for B-2s.   I don’t know that it is not allowed, but I think that it is not really within the scope of what a B-2 is supposed to be doing — B-2s are visitors for pleasure, and, not only are they working/volunteering but they are also receiving room and board to enable them to do it.  I could imagine a border official saying that this is not allowable.

Check back next week for my final suggestions on this topic.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consulate an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

757 Appleton Road, Elkton, MD 21921

Gunnar.L.Armstrong@gmail.com

A B visa is for people coming temporarily to visit the US.  As we discussed last week, a person on a B visa is not allowed to work here.   And, usually, before you are allowed to get a B visa, or to enter in B status, you need to prove that you have enough savings or support to allow you to be here without working.   Some people think that they can come here and do odd jobs to support themselves, but they are not allowed to do that.   Others, such as m-ssionaries, think that they can come here and raise support.   That is also not allowed.  But, there are options that can be considered.

There is one thing I want to say about this at the beginning.   My purpose in writing today is not to give you a list of ways you can get around US immigration law.   Rather, in my opinion, immigration law can be ambiguous in a lot of ways.   These are options that, in some cases, are clearly legitimate, and in others, not as clearly legitimate, but, as far as I can see, are allowable.   Or to put it another way — some of these things I think are allowable under the law and regulations, but if you told them at the border that you were doing it, they would not let you in.   With some of the other options, one person at the border would let you in, and the next would not.   So, be wise how you implement these suggestions.

The other thing I want to say is that these suggestions are more directed toward people who are here in B-1 status as a business visitor.   As I stated last week, the regulations and Department of State and USCIS/CBP (Customs and Border Protection) practice specifically recognize some of these options for people here on B-1 visas.  There is nothing like this for people who are here as a B-2 visitor for pleasure.   However, all the same, some of these options may work for people who are here on a B-2 as well.

If a person wants to come as a B visitor (B-1 or B-2), among other things, you need to establish that you have the resources to enable you to stay here for the requested period of time without needing to work or access welfare.   If you are coming as a B-2 visitor for pleasure, usually they want to see that you have a reasonable amount of money in the bank.   They will also look at letters or Affidavits of Support from friends or relatives in the US who will promise to provide you with housing and food and spending money while you are here.

If you are coming as a B-1 for business or as a m-ssionary, they may want to see the same things if you are self-employed or self-supported.   If you are employed outside of the US and are coming on behalf of your business for a business trip, they should be satisfied with proof that you are being paid by your foreign company while you are here.

Check back next week for the first set of options for support while you are here in the US in B status.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consulate an attorney if you think any of this may apply to your situation.

Gunnar Armstrong

The official answer to this question is “absolutely not”.   But, like the discussion last week, it is really not so clear cut.   If you are on a B visa, you cannot come to the U.S., get a job, and start getting paid.   However, there are other scenarios where “work” in some form or another can sometimes occur.

I have already discussed a minister coming to the US for an “evangelical” tour under which he is able to receive payment from collections to cover his expenses.   This is not “work”, but he is receiving some money for his service.

A person can come to the US to participate in business or educational seminars.   Can he get an honorarium if he presents?  To be honest, I don’t know.  I think it probably happens frequently.   This is similar to the situation with a minister coming to the US for an evangelical tour and who is supported by offerings along the way, but the right to receive an honorarium is not specifically spelled out in the regulations,,

A person can come to the US to paint or to record a song or to measure a client for a suit or things like that, but the paintings and songs normally should be sold abroad, and the suit should be made abroad and paid for abroad (and then can be shipped to the US purchaser).

A person can come to the US to investigate an investment opportunity or to meet with potential clients or business partners or to repair equipment sold to an American by a foreign company.   They can come to the US to observe a business so that they can learn how to do it in their home country.   They can come to the US for a short time on behalf of a parent foreign company to work in the US at a foreign-owned company to do things like provide guidance to the US company.   In all of these cases, the B visitor is here temporarily, being paid by a foreign company to perform services on behalf of the foreign company.

In general, the line seems to be that a person cannot be earning his wages from a US source or producing things to be sold in America — unless it is something temporary and specific like receiving offerings to defray the cost of travel during an evangelical tour.    Doing occasional jobs for Americans for pay —- construction, shoveling snow, raking leaves, fixing cars, etc, for money is working for Americans, even if it is just “one time” type work, and is not allowable for someone on a B visa.

One thing that I am doubtful about is when a person is here on a B visa and works on-line for an employer in his home country.   I think that no one would complain if a person is here on vacation, and goes on line to perform a quick service for his foreign employer.   It gets more murky if the person is here on an extended B visa — perhaps for several months, and he regularly gets on line and works for an employer at home (or, perhaps, is self-employed but sells his on-line product in his foreign home country).  I think that if a Border Guard knows that he is doing this, I think that the Border Guard would not allow the person in — after all, he is working, and he is in the US.    However, I am not certain that this is in violation of the statute.  The person is not working for a US company, he is not keeping a US worker from getting a job here, his work product is being sold in another country, and he is being paid in another country.   This is a case where technology has passed the intended scope of the law.   However, if you do something like this, you need to know that it might not be found to be acceptable.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consulate an attorney if you think any of this may apply to your situation.

I can answer this with a resounding “Yes!” and “No!”.   First off, I would say that every attorney has his own opinion, and, doubtless, many would disagree with me.   But, here is my opinion.

You cannot work in the US on a B visa.   If you are here raising support for yourself, it wouldn’t take much for a CBP (Customs and Border Protection) officer to conclude that you are working here.  After all, you are going around, asking people for money because of your m-ssionary service, and you are living on that money (or you will be living on that money when you return to your home out of the states).   This especially looks bad if you have a website with a US address where people can contribute money.   Even if you aren’t raising money while you are in the US, the existence of the website and the US address can make the CBP conclude that you are working here — the CPB are known to do web searches while you are sitting in secondary inspection to see if they can find evidence that you are “working” here in the US.    So, it is my advice that you don’t fundraise here in the US.

However, that doesn’t mean that you can’t fundraise.   You just need to be smart (and legal) about it.  As we discussed last week, you are allowed to come on an evangelistic tour.   You can come and share about your m-ssion work abroad.   And, chances are, you are associated with some organization here or abroad.   You are allowed to share about that m-ssion organization and its financial needs.   You also can share about your financial needs — after all, it is part of your m-ssion organization’s responsibilities to care for its m-ssionaries.   The ch-rch where you are speaking is free to provide support directly to your m-ssion organization.   And your m-ssion organization is free to use its money to pay its m-ssionaries, including you.

What I have just described is called deputized fundraising.   It is a method recognized by the IRS to allow people to support m-ssionaries, but still be able to get the tax deduction by donating to the m-ssion organization rather than directly to the m-ssionary.   And, donating to the organization keeps a ch-rch’s books cleaner too — it is more complicated legally if they donate to an individual.

The one thing I want to add about this is that you want to be smart and honest.   As I said, you can’t fundraise.   If you are here going from ch-rch to ch-rch asking for money, sooner or later, you could run into problems with CBP.   And, to be honest, is that what G-d has called us to?   But if you are here, in the spirit of your B visa, going from ch-rch to ch-rch, passionately sharing about what G-d is doing in your m-ssion field, there is nothing wrong with, by the way, encouraging people to support that work by praying and by donating to your m-ssion organization.

About a month ago I wrote about the five options for people who want to come to the U.S. as a m-ssionary using the B-1 visa:  Those are:

• Ministers of Religion coming on an Evangelical tour in the United States. This is for people like Billy Graham — but of course, you don’t need to be famous like him.   You can go around speaking at churches or at any venue.  I doubt that it has to be what is traditionally viewed as evangelism — it could also be, I think, someone who is sharing his vision or a word from God that he believes people in US churches need to hear.  I think this would also qualify for missionaries who come to the US to share about their vision and to call people to participate.   It is not for raising support, but, for example, a Presbyterian could share about his ministry, and people could be moved to contribute to the Presbyterian mission agency, which could then use that money to support him.   It is possible that you need to be ordained to do this.
• Ministers of religion temporarily exchanging pulpits with U.S. counterparts. This is mostly just a straight exchange where the foreign minister is just coming to serve in that specific church temporarily (probably for a very short period).
• General M-ssionary Service. This is for anyone, whether “ordained” or not, entering the United States temporarily for the sole purpose of performing m-ssionary work.   As stated earlier, “m-ssionary work” for this purpose may include religious instruction, aid to the elderly or needy, proselytizing, etc. It can be quite diverse in what you are doing, and will cover most of what people come to the US to do when they are seeking to serve G-d here in the U.S.   However, it does not include ordinary administrative work, nor should it be used as a substitute for ordinary labor for hire.   But even here, if the person is engaging in the administrative work or labor is a way of serving and advancing God’s kingdom, there may be ways that it can work as well.
• An applicant coming to perform voluntary services for a religious organization, and does not qualify for R status. This is similar to the previous scenario, but it emphasizes service to a religious organization rather than coming to serve on your own.
• Aliens participating in a voluntary service program benefiting U.S. local communities, who establish that they are members of, and have a commitment to, a particular recognized religious or nonprofit charitable organization. This is broader than the prior categories in that it includes nonprofits which are not specifically religious.   But, otherwise, it is very similar in the breadth of the ways in which people are allowed to serve.