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B2 Visa vs B1 Visa?
Question:I have a regular, full-time job as an architect. In my free-time I train for endurance athletic events, such as triathlons and marathons. I've been thinking about spending a few weeks in the United States to compete in some events there. The races all pay prize money, which ranges from $20 or $30 up to more than a $1,000. I've heard different things about visa requirements. Can I use a tourist visa for these races?
Answer:
Unfortunately, you cannot travel to the United States on a tourist visa and earn prize money in an athletic competition. Even though it appears that you do not earn a living from your sporting events, the "B-2 Visitor for Pleasure" (tourist visa) does not permit you to earn prize money. The only time an amateur entertainer or athlete may use a B-2 tourist visa is when it's for a social or charitable event or for a talent show, contest, or athletic event, and when the only payment is for reimbursement of incidental expenses.
There is a separate visa category, "B-1 Visitor for Business," that professional athletes and entertainers may use to participate in events in the U.S. and earn prize money. The key difference is that you must be a professional. Therefore, even if you don't earn a living from your hobby, if you can be classified as a professional within the sport or industry, you may qualify for a B-1 visa to participate in events in the U.S. and earn prize money.
Finally, keep in mind that the B-1 and B-2 visa categories are the same categories that apply under the Visa Waiver Program. The Visa Waiver Program allows persons from certain countries to travel to the U.S. as tourists (B-2) or business visitors (B-1) without first obtaining an actual visa stamp from the U.S. Consulate or Embassy in their home country. Visa Waiver travelers simply complete an online registration process (known as "ESTA") and then board the plane.
The prize money limitation therefore applies to someone traveling on a Visa Waiver, just as it applies to someone with an actual tourist visa.
You cannot travel to the U.S. on a tourist visa and earn prize money.
Failing to have your green card with you is a misdemeanor and if you are found guilty you can be fined up to $100 and put in jail for up to 30 days. (I.N.A. Section 264(e).) A copy is not good enough, because the law does not use the word “copy” or refer to “other evidence” of LPR status.
The official evidence of LPR status that most people eventually receive is an “alien registration receipt card,” also known as Form I-551 or, more commonly, a “green card.” Sometimes, people do not have their green card, but are already LPRs. For example, when somebody first arrives in the U.S. with an immigrant visa, they first receive an “I-551 stamp” in their passport. Weeks later, they receive the actual green card in the mail. In the time before receiving the green card in the mail, the LPR would have to carry his or her passport “at all times” or risk breaking the law.
If you decide to carry a copy of your green card instead of the original because you want to keep the original safe, you will be violating the law. Will you actually be stopped by immigration, prosecuted and fined or jailed for not having your original green card with you? It's unlikely. Like any other government agency, immigration authorities have limited resources and cannot spend precious government time and money on prosecuting people for not carrying their green card “at all times.”
But there have been cases where LPRs are detained or arrested during workplace enforcement actions for not having their green card on them. So to be on the safe side, and obey the law, you should actually carry your green card with you everywhere you go. And it probably goes without saying that if you will be traveling internationally, you should take your original green card with you to board a plane or boat back to the U.S. and to reenter the U.S. as an LPR.