If you’re planning to go to the USA, arguably the most important item on your to-do list will be making sure you have permission to travel. You will also need to be sure you understand and comply with any restrictions in force.
Do you need a visa to travel to America?
If you are planning to travel to America for just a short trip, for example, to attend a business conference or to visit friends and relatives, you may qualify for visa-free travel under the Visa Waiver Program. To qualify, you will need to be a national of one of the VWP countries, you must have a valid e-passport and you will need to have been granted ESTA authorization. VWP only applies if you are travelling for short-term business or tourism, allowing you to stay for up to 90 days.
If you are not eligible for visa-free travel, for example you are travelling to America for employment or other purposes, or for a period beyond that permitted visa-free, you will need to apply for a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence in the United States. There are various different classifications of visa. For example, a visitor visa under the B-classification will allow you to travel to the US for the purposes of business or tourism for a period beyond 90 days, while an E, L, H or O visa will permit you to undertake employment in the US in various different capacities. Some classifications also allow you to be accompanied by dependent relatives.
Those who would need a visa to come to the US include:
Ineligible for ESTA
The Visa Waiver Program (VWP) allows citizens of certain countries (including the UK, EU countries, Japan, Australia, and others) to travel to the US for tourism or business for up to 90 days without a visa, as long as they obtain ESTA approval. However, travelers must apply for a visa if:
- They are from a country that is not part of the Visa Waiver Program.
- They have been denied ESTA or had a previous visa application rejected.
- They have a criminal record or past immigration violations.
- They have traveled to or are nationals of restricted countries under US immigration laws (such as certain Middle Eastern or African nations).
Staying in the US for more than 90 days
Anyone planning to stay in the US longer than 90 days for business, tourism, study, work, or family reasons must apply for a visa. ESTA only allows short-term visits.
Entering the US for work or study
Anyone working or studying in the US must obtain an appropriate nonimmigrant visa. Common visa types include:
- H-1B Visa – For skilled workers sponsored by a US employer.
- L-1 Visa – For employees transferring within a multinational company.
- O-1 Visa – For individuals with extraordinary ability in their field.
- F-1 Visa – For students enrolled in accredited US institutions.
- J-1 Visa – For exchange visitors, including interns, trainees, and researchers.
Those seeking Permanent Residency (Immigrant Visas)
Those planning to move to the US permanently must apply for an immigrant visa, such as:
- Family-sponsored visas (IR, F categories) – For spouses, children, parents, or relatives of US citizens or green card holders.
- Employment-based immigrant visas (EB categories) – For skilled workers, investors, or sponsored employees.
- Diversity Visa (Green Card Lottery) – For applicants selected in the US Diversity Visa Program.
Travelers who previously overstayed a US visa or ESTA
If a traveler has overstayed a past visit, even under ESTA, they may be barred from using the Visa Waiver Programand must apply for a B1/B2 visitor visa or another suitable visa.
US visa application process
The application process varies depending on the type of visa, but most nonimmigrant visas, including tourist (B1/B2), student (F-1), and work (H-1B, L-1) visas, follow these key steps.
Completing form DS-160
The DS-160 is the Online Nonimmigrant Visa Application Form that all applicants for temporary visas must complete. This form collects personal details, travel history, employment information, and purpose of the visit. It is filled out electronically on the Consular Electronic Application Center (CEAC) website, and each applicant must submit a separate form, including children.
Once the form is completed, a DS-160 confirmation page is generated, which must be printed and brought to the visa interview. Errors in the DS-160 can cause delays or rejection, so applicants must ensure all information is accurate before submission.
Paying the visa fee
Visa applicants must pay a non-refundable application fee, which varies based on the visa type. Payments are made through the US visa appointment system for the applicant’s specific country. The fee amount depends on the visa category, with B1/B2 visitor visas costing $185, E-2 investor visas costing $315, and employment-based visas such as H-1B costing $205.
Some visas, particularly employment-based ones, may also have additional reciprocity fees depending on the applicant’s nationality. Once the fee is paid, applicants receive a payment confirmation receipt, which must be kept for reference.
Visa interview
After paying the visa fee, applicants must schedule their visa interview at the US Embassy or Consulate in their home country. In the UK, most applications are processed at the US Embassy in London, while some applicants may be eligible to apply at the Consulate in Belfast.
Most first-time applicants aged 14 to 79 must attend an interview. Children under 14 and adults over 80 often do not require an interview but must still submit documents.
Some visa renewals may qualify for an interview waiver.
Applicants must bring:
- A valid passport with at least six months’ validity beyond the planned stay.
- The DS-160 confirmation page and visa fee receipt.
- A passport-sized photo that meets US visa requirements (if not uploaded online).
- Any supporting documents relevant to their visa type (such as financial records, employer letters, or proof of strong ties to their home country).
The interview is conducted by a consular officer, who will ask about the purpose of the trip, financial stability, previous US travel history, and intent to return to the home country. For employment and study visas, applicants may need to provide additional paperwork, such as job offers, I-20 forms for students, or sponsorship documents.
The interview typically lasts 10 to 20 minutes, but the overall appointment may take longer due to security screenings and document verification.
Visa approval and processing times
After the interview, the consular officer will either approve, deny, or place the application under administrative processing. If the visa is approved, the applicant’s passport is retained for visa stamping.
| Visa Status | What Happens Next? |
|---|---|
| Approved | The visa is printed, and the passport is returned via courier. |
| Administrative Processing | Additional security checks are required, delaying the decision. |
| Denied | The application is refused, often under Section 214(b) for failure to prove strong ties to the home country. |
- Standard visa processing takes 5 to 10 business days.
- Some employment and special category visas may take several weeks.
- Administrative processing can take weeks or months, depending on the case.
Once the passport is returned, travelers can prepare for their trip to the US, ensuring they follow all visa conditions to avoid future travel issues.
How long can I stay in the US?
If you are travelling to America visa-free you will only be permitted to stay in the United States for a period of up to 90 days. If you are planning to travel under a nonimmigrant visa, the duration can differ significantly depending on the classification of visa applied for.
When applying for a nonimmigrant visa there are specific requirements that must be met under US immigration law, not least that you plan to remain for a specific limited period of time. As such, you will be required to show your intent to depart the US by way of evidence of your residence, and other binding ties in your home country, that will ensure your return abroad at the end of your visit.
If your visa application is approved, the validity period of your visa relates only to the time in which you may travel to the US and apply for admission. It does not indicate how long you may remain, although it may allow for multiple separate admissions over a period of time.
The customs official at the port of entry will advise you on how long you may stay on each occasion and stamp your passport accordingly, or issue you with a Form I-94. The amount of time will usually reflect the period reasonably necessary to carry out your planned activities, subject to any limitation on the maximum amount of time permitted under that particular visa classification.
If you are travelling to America for a time-limited stay under a nonimmigrant visa, it may be possible to extend the duration of your trip while in the US in the event that you wish to remain for a further period.
How long you can extend your stay for will depend upon the visa classification under which you fall, as well as your ability to continue to meet the necessary requirements under that category.
By way of example, the maximum total duration permitted under a visitor’s visa on any one trip is generally 1 year – you would ordinarily be granted an initial period of up to 6 months, which could potentially be extended by a further 6 months, provided you will be maintaining your visitor status and can provide good reason to USCIS for the extension. However, as you are not allowed to work under this type of visa, you must also prove you can afford to stay in the US for this additional length of time.
In other cases, for example, in the employment visa categories, extensions of stay can be granted for several years, if not on an indefinite basis. By way of example, there is no maximum limit to the number of extensions that a trader or investor in the US may be granted under the E visa classification, although you must still maintain an intention to depart the US once their status eventually expires.
If you wish to stay in the US beyond the time permitted, you must either apply to renew your visa or, where appropriate, file an application with US Citizenship and Immigration Services (USCIS) to extend your stay.
Issues at the US border
A visa does not guarantee entry into the United States, rather it will only allow a foreign national travelling to America to lawfully arrive at a US port of entry and request permission to enter. This equally applies to anyone with permission to travel under ESTA.
The customs officials at the port of entry, for example, at the airport or land border crossing, have authority to permit or deny your admission to the US.
While having a visa does not guarantee entry to the United States it does, however, demonstrate that a consular officer at a US Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose.
That said, you should always carry with you any documentation in support of your proposed intentions when travelling to America to show to the customs officer on arrival. This could include, for example, evidence of where you will be staying, including hotel bookings or the address of any friend or relative, as well as evidence of how you propose to fund your planned trip.
Once you are allowed to enter the United States, the customs official will provide an admission stamp or electronic/paper Form I-94, “Arrival and Departure Record”. Form I-94 will include your admission date, the class of admission and the permitted duration of your status.
Travelling to America FAQs
Do I need a visa to travel to America?
It depends on your nationality and purpose of travel If you are from a Visa Waiver Program country and staying for less than 90 days, you can apply for an ESTA instead of a visa If you are traveling for work, study, or long-term stay, you will need a visa.
What is ESTA and who needs it?
ESTA is an online travel authorization required for travelers from Visa Waiver Program countries It allows short visits for tourism or business for up to 90 days without a visa.
How long does it take to get an ESTA?
Most ESTA applications are approved within minutes, but it is recommended to apply at least 72 hours before departure.
What happens if my ESTA is denied?
If your ESTA is denied, you will need to apply for a B1/B2 visitor visa or another relevant visa at the US Embassy.
How long does a US visa take to process?
Processing times vary based on visa type and embassy workload Nonimmigrant visas usually take a few weeks, while immigrant visas can take months.
Can I extend my stay in the US if I entered on ESTA?
ESTA does not allow extensions or changes of status If you need a longer stay, you must apply for a visa before traveling.
What documents do I need to enter the US?
You need a valid passport, an approved ESTA or visa, proof of return travel, and any supporting documents required for your visa type.
What questions will US Customs and Border Protection ask at the airport?
CBP officers may ask about the purpose of your trip, how long you plan to stay, where you will stay, and whether you have sufficient funds for your visit.
Can I be denied entry even with a valid visa or ESTA?
CBP officers have the authority to deny entry if they believe you do not meet entry requirements or if they suspect you intend to overstay or work illegally.
What should I do if I am denied entry at the US border?
If denied entry, you will usually be sent back on the next available flight You may need to apply for a visa before attempting to travel again.
Can I travel to the US with a criminal record?
It depends on the offense Some criminal convictions make you ineligible for ESTA and may require you to apply for a visa with a waiver.
Do I need travel insurance for the US?
It is not required but highly recommended Healthcare in the US is expensive, and insurance can cover medical emergencies and trip disruptions.
Glossary
Term
Definition
Visa Waiver Program (VWP)
A program allowing citizens of certain countries to travel to the US for up to 90 days without a visa for tourism or business.
ESTA (Electronic System for Travel Authorization)
An online travel authorization required for travelers from Visa Waiver Program countries for short visits to the US.
B1/B2 Visa
A nonimmigrant visa for travelers who do not qualify for ESTA and wish to visit the US for business (B1) or tourism (B2).
US Embassy
The official diplomatic office where visa applications are processed and interviews are conducted. The US Embassy in London handles applications from UK residents.
US Customs and Border Protection (CBP)
The agency responsible for inspecting travelers at the US border and deciding whether to allow entry.
Visa Interview
A required appointment at the US Embassy where applicants provide documents and answer questions about their travel plans and eligibility.
Administrative Processing
Additional security checks that may delay visa issuance after the interview.
Visa Overstay
Staying in the US beyond the authorized period, which can lead to visa denial in the future.
Visa Denial (214b Refusal)
A refusal issued when a consular officer determines the applicant has not provided sufficient evidence of intent to return to their home country.
Port of Entry
The airport or land border where travelers arrive in the US and are inspected by CBP officers.
I-94 Arrival/Departure Record
A record issued by CBP that tracks the traveler’s entry and exit from the US. ESTA travelers receive an electronic I-94.
Visa Stamp
A physical visa placed in the passport allowing entry to the US for a specific purpose and duration.
Biometric Screening
The process of fingerprinting and photographing travelers upon entry to the US.
Secondary Inspection
A more detailed review at the border for travelers whose documents or purpose of travel require additional questioning.
Expedited Appointment
A request for an earlier visa interview at the US Embassy due to urgent travel needs.
Permanent Resident (Green Card Holder)
A person authorized to live and work in the US indefinitely. Green card holders do not need a visa to enter the US.
Advance Parole
A travel document that allows certain visa holders and green card applicants to re-enter the US after traveling abroad.
Visa Reciprocity Fee
A fee that some applicants must pay based on their country’s agreements with the US.
Travel Ban or Entry Restriction
A policy that prevents travelers from certain countries from entering the US due to security or immigration concerns.
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.
- Standard visa processing takes 5 to 10 business days.
- Some employment and special category visas may take several weeks.
- Administrative processing can take weeks or months, depending on the case.
Once the passport is returned, travelers can prepare for their trip to the US, ensuring they follow all visa conditions to avoid future travel issues.
How long can I stay in the US?
If you are travelling to America visa-free you will only be permitted to stay in the United States for a period of up to 90 days. If you are planning to travel under a nonimmigrant visa, the duration can differ significantly depending on the classification of visa applied for.
When applying for a nonimmigrant visa there are specific requirements that must be met under US immigration law, not least that you plan to remain for a specific limited period of time. As such, you will be required to show your intent to depart the US by way of evidence of your residence, and other binding ties in your home country, that will ensure your return abroad at the end of your visit.
If your visa application is approved, the validity period of your visa relates only to the time in which you may travel to the US and apply for admission. It does not indicate how long you may remain, although it may allow for multiple separate admissions over a period of time.
The customs official at the port of entry will advise you on how long you may stay on each occasion and stamp your passport accordingly, or issue you with a Form I-94. The amount of time will usually reflect the period reasonably necessary to carry out your planned activities, subject to any limitation on the maximum amount of time permitted under that particular visa classification.
If you are travelling to America for a time-limited stay under a nonimmigrant visa, it may be possible to extend the duration of your trip while in the US in the event that you wish to remain for a further period.
How long you can extend your stay for will depend upon the visa classification under which you fall, as well as your ability to continue to meet the necessary requirements under that category.
By way of example, the maximum total duration permitted under a visitor’s visa on any one trip is generally 1 year – you would ordinarily be granted an initial period of up to 6 months, which could potentially be extended by a further 6 months, provided you will be maintaining your visitor status and can provide good reason to USCIS for the extension. However, as you are not allowed to work under this type of visa, you must also prove you can afford to stay in the US for this additional length of time.
In other cases, for example, in the employment visa categories, extensions of stay can be granted for several years, if not on an indefinite basis. By way of example, there is no maximum limit to the number of extensions that a trader or investor in the US may be granted under the E visa classification, although you must still maintain an intention to depart the US once their status eventually expires.
If you wish to stay in the US beyond the time permitted, you must either apply to renew your visa or, where appropriate, file an application with US Citizenship and Immigration Services (USCIS) to extend your stay.
Issues at the US border
A visa does not guarantee entry into the United States, rather it will only allow a foreign national travelling to America to lawfully arrive at a US port of entry and request permission to enter. This equally applies to anyone with permission to travel under ESTA.
The customs officials at the port of entry, for example, at the airport or land border crossing, have authority to permit or deny your admission to the US.
While having a visa does not guarantee entry to the United States it does, however, demonstrate that a consular officer at a US Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose.
That said, you should always carry with you any documentation in support of your proposed intentions when travelling to America to show to the customs officer on arrival. This could include, for example, evidence of where you will be staying, including hotel bookings or the address of any friend or relative, as well as evidence of how you propose to fund your planned trip.
Once you are allowed to enter the United States, the customs official will provide an admission stamp or electronic/paper Form I-94, “Arrival and Departure Record”. Form I-94 will include your admission date, the class of admission and the permitted duration of your status.
Travelling to America FAQs
Do I need a visa to travel to America?
It depends on your nationality and purpose of travel If you are from a Visa Waiver Program country and staying for less than 90 days, you can apply for an ESTA instead of a visa If you are traveling for work, study, or long-term stay, you will need a visa.
What is ESTA and who needs it?
ESTA is an online travel authorization required for travelers from Visa Waiver Program countries It allows short visits for tourism or business for up to 90 days without a visa.
How long does it take to get an ESTA?
Most ESTA applications are approved within minutes, but it is recommended to apply at least 72 hours before departure.
What happens if my ESTA is denied?
If your ESTA is denied, you will need to apply for a B1/B2 visitor visa or another relevant visa at the US Embassy.
How long does a US visa take to process?
Processing times vary based on visa type and embassy workload Nonimmigrant visas usually take a few weeks, while immigrant visas can take months.
Can I extend my stay in the US if I entered on ESTA?
ESTA does not allow extensions or changes of status If you need a longer stay, you must apply for a visa before traveling.
What documents do I need to enter the US?
You need a valid passport, an approved ESTA or visa, proof of return travel, and any supporting documents required for your visa type.
What questions will US Customs and Border Protection ask at the airport?
CBP officers may ask about the purpose of your trip, how long you plan to stay, where you will stay, and whether you have sufficient funds for your visit.
Can I be denied entry even with a valid visa or ESTA?
CBP officers have the authority to deny entry if they believe you do not meet entry requirements or if they suspect you intend to overstay or work illegally.
What should I do if I am denied entry at the US border?
If denied entry, you will usually be sent back on the next available flight You may need to apply for a visa before attempting to travel again.
Can I travel to the US with a criminal record?
It depends on the offense Some criminal convictions make you ineligible for ESTA and may require you to apply for a visa with a waiver.
Do I need travel insurance for the US?
It is not required but highly recommended Healthcare in the US is expensive, and insurance can cover medical emergencies and trip disruptions.
Glossary
| Term | Definition |
|---|---|
| Visa Waiver Program (VWP) | A program allowing citizens of certain countries to travel to the US for up to 90 days without a visa for tourism or business. |
| ESTA (Electronic System for Travel Authorization) | An online travel authorization required for travelers from Visa Waiver Program countries for short visits to the US. |
| B1/B2 Visa | A nonimmigrant visa for travelers who do not qualify for ESTA and wish to visit the US for business (B1) or tourism (B2). |
| US Embassy | The official diplomatic office where visa applications are processed and interviews are conducted. The US Embassy in London handles applications from UK residents. |
| US Customs and Border Protection (CBP) | The agency responsible for inspecting travelers at the US border and deciding whether to allow entry. |
| Visa Interview | A required appointment at the US Embassy where applicants provide documents and answer questions about their travel plans and eligibility. |
| Administrative Processing | Additional security checks that may delay visa issuance after the interview. |
| Visa Overstay | Staying in the US beyond the authorized period, which can lead to visa denial in the future. |
| Visa Denial (214b Refusal) | A refusal issued when a consular officer determines the applicant has not provided sufficient evidence of intent to return to their home country. |
| Port of Entry | The airport or land border where travelers arrive in the US and are inspected by CBP officers. |
| I-94 Arrival/Departure Record | A record issued by CBP that tracks the traveler’s entry and exit from the US. ESTA travelers receive an electronic I-94. |
| Visa Stamp | A physical visa placed in the passport allowing entry to the US for a specific purpose and duration. |
| Biometric Screening | The process of fingerprinting and photographing travelers upon entry to the US. |
| Secondary Inspection | A more detailed review at the border for travelers whose documents or purpose of travel require additional questioning. |
| Expedited Appointment | A request for an earlier visa interview at the US Embassy due to urgent travel needs. |
| Permanent Resident (Green Card Holder) | A person authorized to live and work in the US indefinitely. Green card holders do not need a visa to enter the US. |
| Advance Parole | A travel document that allows certain visa holders and green card applicants to re-enter the US after traveling abroad. |
| Visa Reciprocity Fee | A fee that some applicants must pay based on their country’s agreements with the US. |
| Travel Ban or Entry Restriction | A policy that prevents travelers from certain countries from entering the US due to security or immigration concerns. |
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.
