Assisting a friend -- B-2 or B-1 visa?

[Kairos 0]

Hello everyone.
I am glad to have found this place.

My question is this:
When you have a good friend in the US (is a citizen) who is moving and you would like to visit them and help them with the move, doing some sight seeing with them and lending
them a hand at their office (typing up notes, creating flyers, assisting with social media updates, stuff of that nature) but NOT(!) getting paid for it, just a friend helping out a friend in need. (Staying for about 3 - 4 weeks).
Would that require a B-1 visa?
Or would I need a B-2 for the helping out at the office part but I cannot go sight seeing on the same trip?
Or would I need a different type of work visa entirely?

 

Advice is much appreciated.

[Roel 7,193]

Doesn't matter if you're not getting paid. Those are jobs that US citizens can do.

 

B1 or B2 are NOT for you then. B2 is just for tourist. B1 is for like.. business conferences.

 

You don't qualify for work visa to help with the move...

 

Tell your friends to hire someone if he needs help.

[KazuriSana 324]

B1 and B2 are usually given together.

 

Now, to the basics: You are actually coming to work, whether you are being paid or not. That is not what B1/B2 is for. And for the kind of work you described, you are not going to be granted a visa based on exceptional talent, or for work that your friend cannot find qualified folks this end.

[Alabamak1 688]

it's not how you look at it the problem, but you seem to be doing work. Remunerated or not, viewed as help or not, under the law that is called work, which under the visa you are trying to use is illegal. B1/B2 is only for tourism purposes. Just like people come to do babysitting for their son, daugthers or whatever family they visit. Work is work, no matter how someone else views it

[geowrian 22,338]

B-1 is for a business visitor, which does not permit engaging in productive labor. The activities you noted would fall under this. See 9 FAM 402.2 for what is permitted.

If he needs assistance with his company, he will need to seek the assistance of somebody authorized to work in the US (to to find somebody who can provide these services physically outside the US). Getting paid is not the determining factor here (although getting paid for an activity is a very strong sign that it is not permitted).

 

Normally they issue a B-1/B-2 visa.

[arken 4,197]

In simple words, you won’t be granted a visa to perform the type of assistance (legally defined as a job) you mentioned.

[SusieQQQ 11,587]

You can come to hang out with him and do some sightseeing on a tourist visa.

the rest of the stuff, as others have said, even unpaid, would require authorization to work in the US, which you don’t have and can’t use a B visa for.

[Kairos 0]

On 6/4/2018 at 2:57 AM, SusieQQQ said:

You can come to hang out with him and do some sightseeing on a tourist visa.

the rest of the stuff, as others have said, even unpaid, would require authorization to work in the US, which you don’t have and can’t use a B visa for.

Thanks for the info.

 

I am NOT(!) planning on doing any of the work stuff; just want to make that very clear. The case I mentioned above was just a cenario I was curious about.
Thank you everyone for the advice. Very much appreciated.

Edited June 6, 2018 by Kairos

[MacUK 983]

On 06/06/2018 at 10:58 AM, Kairos said:

Thanks for the info.

 

I am NOT(!) planning on doing any of the work stuff; just want to make that very clear. The case I mentioned above was just a cenario I was curious about.
Thank you everyone for the advice. Very much appreciated.

Sounds like the work stuff was your main reason for wanting to go

On 04/06/2018 at 12:14 AM, Kairos said:

When you have a good friend in the US (is a citizen) who is moving and you would like to visit them and help them with the move, doing some sight seeing with them and lending them a hand at their office (typing up notes, creating flyers, assisting with social media updates, stuff of that nature) but NOT(!) getting paid for it, just a friend helping out a friend in need.

 

[Kairos 0]

The idea for a visit came up. And when I heard that they move I thought as an act of friendship and compassion (because they have a big houshold and are in a major transitional phase on several levels of their life at once) that maybe there is a way visa-wise that allows me to lend a helping hand with the move while visiting. Because I do not want to get into trouble and wish to receive the best information on all aspects of the thought of scenario I thoroughly listed what could be part of helping out.
I apologize I should have been more thorough also in my most recent post. It should have said:  "Now that I know that the scenario is not in the realm of possibilites I am not planning on doing any of the things that according to what I have learned is considered 'work'."  Thank you for reminding me to be more specific.

[Boiler 45,931]

You need a work visa.

[Unlockable 7,315]

2 hours ago, Kairos said:

The idea for a visit came up. And when I heard that they move I thought as an act of friendship and compassion (because they have a big houshold and are in a major transitional phase on several levels of their life at once) that maybe there is a way visa-wise that allows me to lend a helping hand with the move while visiting. Because I do not want to get into trouble and wish to receive the best information on all aspects of the thought of scenario I thoroughly listed what could be part of helping out.
I apologize I should have been more thorough also in my most recent post. It should have said:  "Now that I know that the scenario is not in the realm of possibilites I am not planning on doing any of the things that according to what I have learned is considered 'work'."  Thank you for reminding me to be more specific.

You want to read about what can happen if you want to "lend a helping hand"? Read this article... https://www.cleveland.com/travel/index.ssf/2015/08/babysitter_versus_the_border_p.html

 

As it has been stated numerous times, it doesn't matter what you think it is... it is what the officer thinks it is. And it can be thought of as work and you can get denied entry.

 

[SmallTownPA 72]

These replies are so broken its not even funny.

 

9 FAM 402.2-5(B)  (U) Aliens Traveling to United States to Engage in Commercial Transactions, Negotiations, Consultations, Conferences, Etc.

 

So no, you don't need a B1.  You don't need employment authorization, nor do you need to have an I-9 or EAD.

 

You are not working because you are not an employee nor are you an independant contractor.  The act of moving some furnature is not going to bring ICE to your door.

 

Employer, defined:

(g) The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration.

 

Employee, defined:

 The term employee means an individual who provides services or labor for an employer for wages or other remuneration

 

Employment, defined:

(h) The term employment means any service or labor performed by an employee for an employer within the United States

 

Most of these people live in some vacuum of bad google searches.

 

Now if you were to spend weeks or months moving furniture.. then OK, you're working.  

 

And no, remuneration like pizza and beer isn't gonna raise any red flags. 

[jan22 3,056]

1 hour ago, SmallTownPA said:

These replies are so broken its not even funny.

 

9 FAM 402.2-5(B)  (U) Aliens Traveling to United States to Engage in Commercial Transactions, Negotiations, Consultations, Conferences, Etc.

 

So no, you don't need a B1.  You don't need employment authorization, nor do you need to have an I-9 or EAD.

 

You are not working because you are not an employee nor are you an independant contractor.  The act of moving some furnature is not going to bring ICE to your door.

 

Employer, defined:

(g) The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration.

 

Employee, defined:

 The term employee means an individual who provides services or labor for an employer for wages or other remuneration

 

Employment, defined:

(h) The term employment means any service or labor performed by an employee for an employer within the United States

 

Most of these people live in some vacuum of bad google searches.

 

Now if you were to spend weeks or months moving furniture.. then OK, you're working.  

 

And no, remuneration like pizza and beer isn't gonna raise any red flags. 

Actually, you are wrong about the proposed activities--among other things.  In the original post, the planned activities were in their business office, not helping them move their household effects.  The listed activities are clearly examples of unauthorized employment.