Visa rule, United States
US Visitor Visa (B-1/B-2)
Summary
With a B-1/B-2 visitor visa, the length of each stay in the United States is set by the border officer and written in your I-94 record as the admit until date. For a B-2 tourist the regulations give a minimum of six months, and six months is what most visitors receive. Six calendar months is 181 to 184 days, depending on the month you enter. The visa's own expiry date does not tell you how long you may stay. If you stay past the I-94 date, your visa is cancelled by law. US Customs and Border Protection (CBP) decides each admission.
- Usual limit
- Six months for each admission, which is 181 to 184 days
- Date that decides
- The admit until date in your I-94 record
- A day counts when
- You are in the US for any part of it, starting with the arrival day
- Extension
- Possible on Form I-539, in steps of up to six months
- Law
- 8 CFR 214.2(b)(1) and (b)(2)
- Run by
- US Customs and Border Protection (CBP), and USCIS for extensions
Who it applies to
- Citizens of countries outside the Visa Waiver Program, such as India, China, Brazil, Türkiye and Nigeria, who visit the US as tourists or for business.
- Parents and grandparents who stay for several months with family in the US.
- Retired people who spend the winter in Florida, Arizona or California.
- Citizens of Visa Waiver Program countries who chose a B visa because they want to stay longer than 90 days.
- Business visitors who come for meetings, negotiations or conferences on a B-1.
The rule
A B-1 visa is for business visits and a B-2 visa is for pleasure, which covers tourism, family visits and medical treatment. Many people receive a combined B-1/B-2 visa. 8 CFR 214.2(b)(1) says that a B-1 or B-2 visitor may be admitted for not more than one year. 8 CFR 214.2(b)(2) adds that a B-2 visitor who is admissible is given a minimum of six months, even if the person asked for less. A shorter period needs special approval for good cause. A B-1 visitor is given the time needed for the business purpose.
The officer at the port of entry sets the date and CBP records it in your I-94, the electronic arrival and departure record. This admit until date is the only date that tells you when to leave. The visa in your passport is a different thing: it is a permission to travel to the border and ask to be admitted. A visa can be valid for ten years while each stay is six months. A visa can also expire while you are in the US without any effect on your stay, as long as your I-94 date has not passed.
If you need more time, you can file Form I-539 with US Citizenship and Immigration Services (USCIS) before your I-94 date. USCIS recommends filing at least 45 days before that date. Extensions are given in steps of up to six months. If you stay past the I-94 date without a pending or approved request, section 222(g) of the Immigration and Nationality Act cancels your visa, and longer overstays can bar you from returning.
A short trip to Canada or Mexico does not automatically give a new period. Under the practice called automatic revalidation, a visitor who was away for 30 days or less, only in contiguous territory, and whose I-94 is still valid can be readmitted on that same I-94 until its original date. After a longer absence, or a trip to another country, you apply for a new admission and the officer sets a new date.
Why it exists
The US wants visitors, and it wants visits to stay temporary. A six-month period is long enough for almost every holiday, family visit or business trip, and giving it as the normal period saves officers from judging every travel plan. The I-94 date gives each visitor one clear deadline, and the extension process lets USCIS check that a longer stay is still a visit and not a move to the country.
Counting the days
You count days from one admission to the US up to the admit until date in your I-94. Any part of a day in the US is one day.
- After you arrive, look up your I-94 on the CBP website and write down the admit until date. Do this after every entry.
- Count the day you were admitted as day 1.
- Count every day until the admit until date. For a six-month admission the total is between 181 and 184 days.
- If you go to Canada or Mexico for 30 days or less and come back, look up your I-94 again. If the date did not change, keep counting from the first admission.
- If you filed Form I-539, keep the receipt and use the new date when USCIS approves it.
Track US Visitor Visa (B-1/B-2) on your phone.
Countr finds your past trips in your photos and keeps counting from there.
Examples
A six-month admission
Ana, a Brazilian citizen, is admitted in Miami on 10 January 2026 as a B-2 visitor. Her I-94 shows an admit until date of 9 July 2026. From 10 January to 9 July, counting both days, is 181 days. She sets her tracker to 181 and books her flight home for 5 July, a few days before the deadline.
Two weeks in Mexico do not restart the clock
Ana flies to Cancún on 1 April 2026 and returns to Miami on 15 April. She was away for 15 days and only in Mexico, so she is readmitted on her existing I-94. She checks the CBP website: the admit until date is still 9 July 2026. If she had assumed a fresh six months from 15 April and stayed until October, she would have overstayed by three months and lost her visa.
The visa expires but the stay goes on
Ravi, an Indian citizen, has a B-1/B-2 visa that expires on 30 June 2026. He enters on 1 June 2026 and his I-94 shows 30 November 2026. He may stay until 30 November, five months after the visa expired, because the I-94 controls the stay. He cannot use the expired visa for another trip. From 1 June to 30 November is 183 days, and that I-94 date is his limit.
Exceptions
- The border officer can give a B-1 business visitor a shorter period that fits the business purpose, so always read the I-94.
- With special approval and for good cause, an officer can admit a B-2 visitor for less than six months.
- If you file Form I-539 before your I-94 date, a decision can arrive after that date. An approved extension gives you a new date.
- Missionaries of a religious denomination can receive extensions of up to one year at a time under 8 CFR 214.2(b)(1).
- Automatic revalidation does not apply if you applied for a new US visa during the trip, or if you are a national of a country that the US lists as a state sponsor of terrorism.
- Canadian citizens usually visit without a visa and often without an I-94, under separate rules.
Common misconceptions
- “My visa is valid for ten years, so I can stay for ten years.”
- No. The visa only lets you travel to the border during those years. Each stay is limited by the admit until date in your I-94, which is usually six months after entry.
- “I must leave before my visa expires.”
- No. You must leave by the I-94 date. If the visa expires while you are in the US, your stay remains lawful until the I-94 date.
- “A quick trip to Canada or Mexico gives me another six months.”
- Not after a short trip. If you were away for 30 days or less and your I-94 is still valid, you can be let back in only until the original date.
- “I can only spend six months a year in the US.”
- The immigration rules have no yearly limit for B visitors. Each admission has its own date. But an officer who sees that you spend most of your time in the US can decide you are not a real visitor and refuse entry.
Questions and answers
How many days is six months on a B-2 visa?
Between 181 and 184 days, depending on the months your stay covers. An admission on 10 January runs to 9 July, which is 181 days. Use the exact date in your I-94 and not a number of days.
What happens if I stay one day past my I-94 date?
Your visa is cancelled automatically under section 222(g) of the Immigration and Nationality Act, and you normally have to apply for a new one in your country of nationality. Overstays of more than 180 days bring a three-year bar on returning, and overstays of one year or more bring a ten-year bar.
How soon can I come back after a six-month stay?
The law sets no waiting time. Each time you arrive, the officer decides whether you are a real visitor. If you return soon after a long stay, expect questions about your home, work and ties abroad.
How do I extend my stay on a B-1/B-2 visa?
File Form I-539 with USCIS before your I-94 date. USCIS recommends filing at least 45 days before. You must explain why you need more time and show that you can pay for the stay and will leave.
Why did the officer give me less than six months?
On a B-1 business admission the officer gives the time the business needs. On a B-2 admission six months is the minimum unless a shorter period was specially approved. If you believe the date is a mistake, you can ask CBP to correct the I-94.
Does my B-2 day count affect US tax?
It can. US tax residence uses a separate test, the Substantial Presence Test, which counts days over three calendar years. Long or frequent visits can make you a US tax resident even when your immigration stay is lawful.
Sources
- 8 CFR 214.2(b), Visitors for business or pleasure
- CBP, I-94 arrival and departure record website
- CBP, Arrival/Departure Forms: I-94 and I-94W
- USCIS, Extend your stay
- 22 CFR 41.112(d), Automatic extension of validity at ports of entry
Other rules for United States
- Arizona Tax Residence 273 days in each calendar year
- California Tax — Visitors 181 days in each calendar year
- California Tax Residence 273 days in each calendar year
- Connecticut Tax — 30 Days or Fewer 30 days in each calendar year
- Connecticut Tax Residence 183 days in each calendar year
- Delaware Tax Residence 183 days in each calendar year
- Hawaii Tax Residence 200 days in each calendar year
- Idaho Tax Residence 270 days in each calendar year
This page explains the rule and how the days are counted. It is not legal or tax advice. The authority decides each case on its own facts.