If you’re planning to travel to the US for a holiday, you have to have the relevant permission from US authorities to enter the country.
British tourists will usually either need ESTA authorization for visa-free travel or a B visa for tourist. Eligibility, entry requirements and costs differ depending on which option applies to you, which can make it confusing for tourists planning their trip.
In this guide, we answer commonly asked questions by British nationals looking to travel to the US on vacation.
Do I need a visa to travel to the US?
As a British national with a valid, e-passport you may be able to travel to the US without having to go through the process of applying for a US visa under the Visa Waiver Program (VWP). To travel under the VWP, you will have to undergo security pre-screening via ESTA – the Electronic System for Travel Authorization.
To apply for ESTA authorization, you have to complete the online form. The form requires you to provide personal information and asks you to answer a series of questions to determine your eligibility for visa-free travel. To be eligible, the following must apply:
- You are a national of a VWP country (such as the UK).
- You hold a valid e-passport from this country.
- You are travelling to the US temporary business or pleasure you are travelling through the US to another destination country (transit).
- Your trip is 90 days or less.
In most cases, decisions are instant, although it is recommended to apply at least 72 hours before your date of departure.
If successful, you’ll be issued a confirmation number which you will need to present at the border along with your passport. If you are denied ESTA authorization, this do not in itself mean you cannot travel to the US, but you may instead need to apply for visa. Take advice on your circumstancs to understand your options.
All travelers attempting to enter the US under the VWP must have valid ESTA, including children. You will not need to apply for ESTA if you have a valid US visa appropriate for your reason for travel.
ESTA approval remains valid for multiple visits to the US during its validity period, but it is advisable to keep the information updated in relation to your US travel and accommodation arrangements in advance of each trip to avoid delays at border control due to additional questions or information requests. If your circumstances change and you no longer qualify for ESTA, for example you have a recent criminal conviction, your ESTA status may be impacted, meaning you either need to reapply using the new information or make a relevant immigration application to the US authorities.
Is the UK one of the US Visa Waiver countries?
Yes, the UK is one of the countries participating in the US Visa Waiver Program.
This means British nationals, ie those with a valid British passport, can apply for ESTA to evidence they satisfy all of the requirements.
How much does ESTA application cost?
The ESTA application costs $21 per applicant.
I have a criminal record – can I travel to the US?
Your options here will depend on your specific circumstances, the nature of the offense and the punishment you received.
Those offences considered less serious for example may not in themselves preclude you from travel to the US, whereas crimes involving moral turpitude will generally render you inadmissible.
Where you do have a record of criminal activity, you would need to submit a waiver of inadmissibility. This would be presented to an embassy officer together with your visa application to request entry into the US where you are otherwise deemed inadmissible by reason of your criminal record.
In all cases, full disclosure to the US immigration authorities is mandatory. Failure to declare an offense, regardless of when and where in the world it took place, would be considered visa fraud and could result in entry refusal to the US, and impact your future US visa applications.
Even where a visa waiver is granted, you may still face additional questioning and scrutiny at the border when attempting to enter the US, under Customs and Border Protection officials’ discretionary powers.
What if I’m not eligible for ESTA?
If you are not eligible for ESTA travel, you will need to apply for and secure a US visa before you travel.
If you are a national of a non-Visa Waiver country, a B-2 visa will be needed to vacation in the US. You would apply using form DS-160, and providing the required supporting documents and attending a visa interview at a US consular post or Embassy in the country where you are making your application.
If you are ineligible for ESTA travel by reason of having a criminal record, it’s likely you would need to apply for a waiver of inadmissibility to accompany your visa application. This is a highly complex area of US immigration and you are advised to take professional legal advice on your circumstances to ensure you are following the required process and providing all relevant information and documentation.
How much does a US tourist visa cost?
To apply for a B visa, you will need to pay the MRV visa application fee at the time of filing your application. At the current rate this is $185.
US visa fees are subject to change and it is recommended to check the prevailing rate at the time of making your application.
I’m planning to carry out some business-related activity while I’m in the US – is that allowed?
The VWP permits tourism as well as some business-related activities, but ‘gainful employment’ is prohibited for visitors.
The B-1 business visa will cover you if you are travelling to the United States to temporarily engage in business activities, such as attending a conference or seminar, or other legitimate activities of a commercial or professional nature. The B-1 visa will not allow for gainful employment or productive activity such as operating a business.
If you are looking to combine business and tourism while in the US, you should look at the B1/B2 visa. At your visa interview, you should expect to be questioned about your plans and you will need to detail both business and leisure aspects. Note that if you secure a B2 visa on the basis of vacationing in the US with no intention to carry out business-related activity, you would be in breach of your visa conditions if you do during your stay carry out such activity, for example, attending a business conference. It’s a matter of thinking ahead and ensuring your application covers your full planned activity.
Beware Border Control!
While ESTA approval or a visa will permit you to travel to the US, gaining entry will remain subject to the discretion of the border officials. You may be required to answer further questions relating to your circumstances and plans while in the US in order to be granted entry. It is advisable therefore to carry documents with you to prove that you are a genuine visitor, such as your travel itinerary and proof of your ties to your home country such as a letter from your employer.
Need Assistance?
NNU Immigration can advise on all aspects of traveling to the US as a visitor, either for business or tourism or both.
We can also provide specialist advice on the visa options available to you where ESTA is not available or appropriate for your circumstances.
If you have questions on the Visa Waiver Program, please contact us.
US Holiday Visa FAQs
What is a B-2 visa?
The B-2 visa is a non-immigrant visa for individuals traveling to the United States for tourism, visiting family or friends, or other short-term recreational purposes.
How much does a B-2 visa application cost?
The application fee for a B-2 visa is $185. Additional visa issuance fees may apply depending on your nationality.
How long can I stay in the United States on a B-2 visa?
B-2 visa holders are typically allowed to stay in the United States for up to six months. The exact length of stay is determined by the Customs and Border Protection officer at the port of entry.
Can I extend my B-2 visa stay?
Yes, you can apply to extend your stay by filing Form I-539 with USCIS before your current authorized stay expires. Approval is not guaranteed.
Can I work or study on a B-2 visa?
No, working or studying on a B-2 visa is prohibited. You must apply for an appropriate visa if you intend to work or study in the United States.
Do I need a B-2 visa if I am eligible for the Visa Waiver Program?
No, individuals from countries eligible for the Visa Waiver Program can travel to the United States for up to 90 days without a visa but must apply for ESTA approval.
What documents are required for a B-2 visa application?
You will need a valid passport, DS-160 confirmation page, visa application fee receipt, and proof of ties to your home country, among other supporting documents.
What happens if my B-2 visa application is denied?
If your application is denied, you will receive a written explanation of the reason. Depending on the circumstances, you may reapply with additional documentation or address the issues raised.
Glossary
Term | Definition |
---|---|
B-2 Visa | A non-immigrant visa for individuals traveling to the United States for tourism or recreational purposes. |
Visa Application Fee | A non-refundable fee required to submit a visa application, currently $185 for the B-2 visa. |
Visa Issuance Fee | An additional fee that may apply based on the applicant’s nationality, required after visa approval. |
Customs and Border Protection (CBP) | A U.S. agency responsible for managing entry into the United States and determining the length of stay for visa holders. |
Form I-539 | An application used to request an extension of stay for non-immigrant visa holders in the United States. |
Visa Waiver Program (VWP) | A program that allows citizens of certain countries to travel to the United States for up to 90 days without a visa. |
ESTA | The Electronic System for Travel Authorization, required for travelers using the Visa Waiver Program. |
DS-160 | The online non-immigrant visa application form that must be completed and submitted for B-2 visa processing. |
USCIS | United States Citizenship and Immigration Services, responsible for immigration-related services such as visa extensions. |
Proof of Ties | Documentation showing strong connections to the applicant’s home country, such as employment, property, or family, used to demonstrate intent to return after the visit. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/