Different visa classifications grant different visa periods. In this guide, we consider the question of how long does a US visa last, looking at the most common immigration routes.
It’s important to note that the visa duration granted only specifies a period during which the holder can travel to the US to apply for admission. The final decision to permit entry into the US and on the permitted length of stay will be made at the border by the United States Customs and Border Protection Officer when you attempt to enter the country.
How long does ESTA last?
If you are travelling to the US for just a short time, you may be eligible for visa free travel. The Visa Waiver Program (VWP) allows citizens of 38 countries to travel to the US for business or tourism for up to 90 days without a visa.
To travel to the US visa-free, you must have valid ESTA authorization. Once granted, ESTA is usually valid for a period of two years from the date of issuance. During this time, you can make mutiple trips to the US, provided you remain ESTA-eligibile and provided you reason for travel is permissible under the visa waiver program. If your passport expires prior to the two-year point, your ESTA status will no longer be valid.
How long does a Visit Visa last?
The B-1 visa is a nonimmigrant visitor visa for those travelling to the United States to carry out business-related activity during a time limited visit, such as attending a conference, while the B-2 tourist visa is for those temporarily travelling to the US for tourism, pleasure or undergoing medical treatment.
The B visa is initially granted for a maximum period of 6 months.
It may be possible to obtain a 6-month extension to your B-1 or B-2 visa, provided you can show you will be maintaining your visitor status and can provide good reason for this extra time.
The maximum duration permitted under a B-1 or B-2 visa on any one trip is generally 1 year, but as you are not allowed to work during that time, you must prove you can afford to stay.
If you wish to stay in the US beyond the time initially permitted without departing, you must file an application to US Citizenship and Immigration Services (USCIS) to extend or change your nonimmigrant status using Form I-539 before your authorised stay expires.
In some cases, it may also be possible to request a change in your immigration status if you are planning to remain in the US for a purpose that is not a permitted business activity or recreational in nature, for example, you receive an offer of employment or you plan to marry a US citizen.
How long does an E1 or E2 visa last?
The E-1 treaty trader and E-2 treaty investor visas are nonimmigrant work visas for citizens of countries with which the United States maintains a treaty of commerce and navigation.
Qualified treaty traders, investors and their senior or essentially skilled employees will be allowed a maximum initial stay of two years. If you continue to meet all relevant conditions, in particular that you continue to work in the activity for which you were initially approved, you may request an extension.
An extension of stay may be granted in increments of up to two years each. While there is no maximum limit to the number of extensions an E-1 or E-2 visa holder may be granted, you must still maintain an intention to depart the US when your status expires or is terminated.
The E-1 visa allows treaty traders to enter the US for the purpose of carrying out international trade, while the E-2 visa is for those who wish to invest a substantial amount of capital in a US business enterprise.
The E-1 and E-2 visas also allow for employees of treaty traders or investors to come to the US to work for them. This includes employees who are destined to an executive or supervisory role, as well as those with special skills essential to the efficient operation of the enterprise.
How long does an L1 visa last?
The L-1 visa is a nonimmigrant work visa for an employee of a multinational company who is being temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the US.
Qualified intra-company transferees entering the US to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years.
For all L-1A visa holders, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. This slightly differs for L-1B employees, where requests for extension of stay have a maximum limit of five years.
The L-1A visa is for those in a managerial or executive role, while the L-1B visa is specifically for professionals with specialised knowledge within their organisation. The L-1 visa can be used either to transfer an employee to an affiliated office in the US, or to set up a new office.
How long does an H-1B visa last?
The H-1B visa is a nonimmigrant work visa if you are travelling to the US to perform services in a professional job for a US employer, where that employment is determined by the USCIS to be a speciality occupation.
As an H-1B visa holder, you may be initially admitted to the US for a period of up to three years. Your time period may be extended, up to a maximum total of six years under H1B status.
To qualify as a specialty occupation the job must require a bachelor’s or higher degree as a minimum entry requirement, or the nature of the specific duties are so specialised and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
How long does an O-1 visa last?
The O-1 visa is a nonimmigrant work visa for those who possess extraordinary ability or have a demonstrated record of extraordinary achievement, they have been nationally or internationally recognised as such, and are coming to the US to work in that field.
As an O-1A or O-1B visa holder you may be initially admitted to the US for a period of up to three years. Although your time period may be extended, this will be determined based on the time necessary to accomplish the initial event or activity in increments of up to 1 year.
The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business or athletics, while the O-1B visa is for those with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
Dual intent visas for a path to US permanent residence
Whether or not you can petition for permanent residency in the US depends on your immigration category and status.
With many nonimmigrant visas you must maintain an intention to leave at the end of your stay. There are, however, what’s known as dual intent visas that will allow you to lawfully enter the US under a time-limited nonimmigrant visa, albeit with immigrant intent.
The L visa, O visa and H-1B visa are all dual intent visas that will potentially allow you to apply for lawful permanent residence when you are present in the US. This means that you may be eligible to apply for a Green Card through employment without having to return to your home country to complete visa processing.
The E visa category is a little more complicated, although expert legal advice should always be sought in the event that you are planning to immigrate to the US under any visa classification. In some limited cases, for example, where you are an immediate relative of a US citizen, you may even be able to seek an adjustment of status where you have entered under the VWP.
Need Assistance?
US visa holder must ensure that they comply with all of the conditions of their visa, including adhering to the visa validity period by either leaving the US or securing new lawful status before their visa expires.
Most of the temporary, nonimmigrant US visas also require applicants to prove when making the application their intention to leave the US before their visa expiry. This requires you to provide evidence of your residence and other binding ties to your country of residence, such as relatives and continued employment in the country. If the adjudicator is not convinced of your ties or is concerned that you may stay beyond your approved period of leave, your visa application is likely to be refused.
To ensure you apply for the most appropriate route for your circumstances, and that your application supports your eligibility, speak to our US immigration experts.
How Long Does a US Visa Last – FAQs
How long is a US tourist visa valid for UK citizens?
A US tourist visa (B2) for UK citizens is typically valid for up to 10 years. However, each visit is usually limited to a stay of up to 6 months, as determined by US Customs and Border Protection upon entry.
Can I extend my stay in the US beyond the visa’s initial duration?
You can apply for an extension of your stay if you have a valid reason. The extension request must be submitted to US Citizenship and Immigration Services (USCIS) before your current stay expires.
How long does an H1B visa last?
An H1B visa is typically valid for up to 3 years, with the possibility of extending it for an additional 3 years, making the maximum duration 6 years.
What happens if my US visa expires while I am in the country?
If your visa expires while you are in the US, it is your duration of stay that matters. You must leave the US by the end of your authorized stay, as indicated on your I-94 form, regardless of your visa expiration date.
Can I renew my US visa while I am still in the country?
You cannot renew your US visa from within the country. You must leave the US and apply for a visa renewal at a US embassy or consulate abroad.
How long can I stay in the US on a student visa?
Your stay in the US on an F1 or M1 student visa is typically valid for the duration of your academic or vocational program, plus a grace period of 60 days for F1 or 30 days for M1 after completing your studies.
Does the validity of my visa guarantee how long I can stay in the US?
The visa validity allows you to enter the US, but the length of your stay is determined by the US Customs and Border Protection officer at the port of entry, who will stamp your passport with the allowable duration.
What should I do if I want to change my visa status while in the US?
You can apply to change your visa status by submitting a request to USCIS. This process allows you to switch to a different visa category without leaving the US, depending on your eligibility and circumstances.
What is the grace period after my visa expires?
The grace period varies depending on the visa type. For example, F1 students have a 60-day grace period after completing their studies to prepare to leave the US or change their status.
Can I travel outside the US and return with the same visa?
As long as your visa is still valid, you can travel outside the US and return within the visa’s validity period. However, be prepared to go through inspection by US Customs and Border Protection upon reentry.
Glossary
Term | Definition |
---|---|
US Visa | A document that allows foreign nationals, including UK citizens, to enter the US for specific purposes such as tourism, business, work, or study. |
Visa Validity | The period during which a US visa is valid and can be used to enter the US. This is usually indicated on the visa stamp in your passport. |
Duration of Stay | The amount of time you are allowed to stay in the US during a single visit, as determined by US Customs and Border Protection (CBP) at the port of entry. |
B1/B2 Visa | Non-immigrant visas for business (B1) and tourism (B2), typically issued with a validity of up to 10 years for UK citizens, allowing multiple entries into the US. |
H1B Visa | A non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. It is typically valid for up to 3 years, with the possibility of extension up to 6 years. |
L1 Visa | A non-immigrant visa for intracompany transferees. L1A visas for executives and managers are valid for up to 7 years, while L1B visas for employees with specialized knowledge are valid for up to 5 years. |
O1 Visa | A non-immigrant visa for individuals with extraordinary ability in fields such as science, arts, education, business, or athletics. Typically valid for up to 3 years, with extensions possible. |
F1 Visa | A non-immigrant visa for students attending academic institutions in the US, valid for the duration of the study program plus a grace period. |
M1 Visa | A non-immigrant visa for students attending vocational or non-academic institutions in the US, typically valid for the duration of the program plus a short grace period. |
J1 Visa | A non-immigrant visa for exchange visitors participating in US programs such as internships, training, or research. The validity depends on the specific program, with possible extensions. |
Immigrant Visa | A visa that allows the holder to live and work in the US permanently, eventually leading to a green card (permanent residency). |
Visa Reciprocity | An agreement between two countries that determines the validity period, number of entries, and fees for visas issued to each other’s citizens. |
Overstay | The act of remaining in the US beyond the duration of stay authorized by CBP, which can lead to penalties, including future visa ineligibility. |
Visa Extension | The process of applying to extend the validity period of a non-immigrant visa or the duration of stay in the US. Extensions are subject to approval by US Citizenship and Immigration Services (USCIS). |
Change of Status | The process of switching from one visa category to another while in the US, often requiring approval from USCIS. |
Grace Period | An additional period allowed after the expiration of a visa or the completion of a program during which the visa holder can legally remain in the US. |
US Customs and Border Protection (CBP) | The federal agency responsible for overseeing the entry of travelers into the US, including determining the duration of stay for visa holders at the port of entry. |
Visa Renewal | The process of reapplying for a visa after its expiration. This often involves a new application and interview at a US embassy or consulate. |
Port of Entry | The location (such as an airport or border crossing) where a traveler enters the US and is inspected by CBP officers who determine the allowable duration of stay. |
Optional Practical Training (OPT) | A program that allows F1 students to work in the US in their field of study for up to 12 months after graduation, potentially extending their stay beyond the visa’s academic validity. |
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/