B visa

Under section 214(b) of the Immigration and Nationality Act, a foreigner must prove to the satisfaction of the consular officer his or her intent to return to his home country after visiting the United States.

The foreigner, however, is free to apply for a visa again, particularly if circumstances have changed that might show to the consular officer that the applicant overcomes the presumption of being an intending immigrant.

As with other non-immigrant U.S. visas, a B-1/B-2 visa has a validity period (from 1 month to 10 years), allows for one, two, three or multiple entries into the U.S., and elicits a period of stay (maximum 6 months) recorded by the Customs and Border Protection officer at the port of entry on the individual's form I-94.

Similar to the ESTA, each EVUS registration is valid for a period of 2 years or until the holder's passport expiration date, whichever comes first.

As of 2023, this system can be used free of charge and no time frame exists for when the US$8 cost recovery fee will be imposed by the Department of Homeland Security (DHS).

In fiscal year 2014, most reasons to refuse a visa were cited as "failure to establish entitlement to nonimmigrant status", "incompatible application" (most overcome), "unlawful presence", "misrepresentation", "criminal convictions", "smugglers" and "controlled substance violators".

Smaller number of applications were rejected for "physical or mental disorder", "prostitution", "espionage", "terrorist activities", "falsely claiming citizenship" and other grounds for refusal including "presidential proclamation", "money laundering", "communicable disease" and "commission of acts of torture or extrajudicial killings".

The Department of Homeland Security publishes annual reports that list the number of violations by passengers who arrive by air and sea.

The table below excludes statistics on persons who left the United States later than their allowed stay or legalized their status and shows only suspected overstays who remained in the country.