The US imposes strict entry requirements on travelers, but rather unhelpfully, the rules vary based on nationality, purpose of travel and visa eligibility. Some visitors, for example, can enter visa-free with ESTA, while most other travelers will need to apply for a US visa in advance of travel.
Many travelers assume that having a visa guarantees entry, but that’s not the case. Even with the right permission and documents, final approval for entry is at the discretion of Customs and Border Protection (CBP) officers at the port of entry. CBP officers assess each visitor’s intent, documentation and travel history before deciding whether to admit them. Failing to meet entry requirements could lead to denied boarding, refusal at the border or even future travel restrictions. Overstaying a visa or violating visa conditions may also result in penalties, including bans on future travel to the US.
If you are planning to travel to the US, make sure you meet the latest entry requirements before departure. In this guide, we outline the key rules for those planning to travel to the US, to help you make sure you meet the latest US entry requirements. As the rules are not always straightforward, if you are in doubt, speak to our US immigration attorneys for guidance on your specific circumstances.
US entry requirements overview
Travelers to the United States must meet specific entry requirements based on their nationality, purpose of visit, and intended length of stay. The key entry routes include the Visa Waiver Program (VWP), nonimmigrant visas, and immigrant visas.
Visa Waiver Program (VWP)
The VWP allows citizens of eligible countries to enter the US for up to 90 days without a visa for tourism, business, or transit. Travelers must apply for ESTA (Electronic System for Travel Authorization) before departure. ESTA does not permit work or study, and extensions are not allowed.
Nonimmigrant Visas
Those who do not qualify for the VWP or who intend to stay longer must apply for a nonimmigrant visa. These visas are issued for temporary visits. The most common routes include:
| Visa Type | Purpose |
|---|---|
| B1/B2 Visa | Tourism, business, medical treatment |
| F-1 Visa | Academic study |
| J-1 Visa | Exchange visitor programs |
| H-1B Visa | Specialty occupation work |
| L-1 Visa | Intra-company transfers |
| O-1 Visa | Individuals with extraordinary ability |
For example, to travel to the US for the purposes of tourism, consider the B-2 visitor visa. This type of visa is also appropriate for temporary medical treatment.
To visit the US for business purposes on a short-term basis, not employment, you should apply for a B-1 visa. A B1 visa could be used for meeting with a prospective client, attending a business convention or searching for future premises.
If your reason for visiting the US is temporary employment, the visa you apply for will depend on the kind of work you wish to be employed for and your level of education. For instance, for workers in a speciality occupation that requires a relevant degree, you would look at the H1B visa.
An employee transferring to a US branch of a multinational company should consider the L1.
Should you wish to study in the US, you would apply for an F1 or M1 visa, and when your intention is to take part in a student exchange programme, the relevant visa would be a J1 visa.
These are only a brief indication of the visas available. Take advice on your circumstances to ensure you select the visa route that best suits your needs and for which you are eligible.
Immigrant Visas
For those moving permanently to the US, immigrant visas are required. These include family-sponsored visas (I-130 petitions), employment-based visas (I-140 petitions) and the Diversity Visa Lottery. Green card holders are granted lawful permanent resident status and may eventually apply for US citizenship.
Apply for ESTA
If you are a citizen of a visa-waiver country, such as the UK, and you are traveling to the US for a stay of under 90 days for tourism or business-related reasons (though not to perform gainful employment), the visa waiver program (VWP) may be open to you. The VWP permits you to travel to the US without having to secure a visa.
Each traveller will however have to hold a valid ESTA, the security pre-screening process which determines if admissibility prior to travel. You apply by completing the online ESTA application form Prepare for your ESTA application by ensuring:
- that you have a current e-passport from a Visa Waiver country
- that you are able to pay the application fee
- you have your contact details to hand
- and, if applicable, you have up-to-date employment information.
Once you have submitted your ESTA application, you will generally be told straightaway whether your application has been successful, unless further information is required.
Issues with ESTA eligibility, such as a criminal record, is likely to require legal advice on your options, including whether the relevant visa and an accompanying waiver of inadmissibility should be applied for.
Apply for a US visa
You apply for your nonimmigrant visa through the online DS-160 Non-immigrant Visa Application form. This process will require that you upload a recent and recognisable photograph of yourself.
The online form will ask for information on the following:
- Your personal information (name, sex, marital status, date and place of birth)
- Your contact information
- Passport information
- Travel information such as the purpose of your visit to the US, details of any business contact in the US, travel plans, accommodation, and who is paying for the visit
- Information on any travel companions
- Have you previously visited the US?
- Your US point of contact
- Family information
- Work, education and training
- Additional details (Do you belong to a clan or tribe? Have you travelled to other countries during the last 5 years? Membership of/connection with professional, social or charitable organisations. Specialised skills or training. Military service. Membership of/connection with a paramilitary unit, vigilante unit, rebel group, guerrilla group or insurgent organisation)
- Security and background information (medical and health information, criminal information, involvement in espionage, sabotage, export control violations or other illegal activity, terrorist activities or involvement, war crime involvement, immigration law violations)
- Where you have received assistance in completing your application, details of that person
Once you have completed the online application, print off the confirmation page. This will be needed at your interview.
The interview will take place at the US embassy or consulate where you filed your petition. At your interview, you will be expected to provide:
- Passport
- DS-160 confirmation page
- Payment receipt if a fee was paid when you arranged your interview
- Photograph
- Supporting documents required by your particular visa
Your biometric details will also be taken.
The consular officer will ask questions on your application form, your supporting documents and your personal situation. For tourist visas, the interview would generally last around 20 minutes. Interviews for business and employment-related visas such as the L1 and E visas typically last longer as they cover more ground, in more detail, relating to your visa eligibility and documentary evidence.
The supporting documents to take to the interview will be determined by the visa you are applying for, and your personal circumstances. It is advisable to take guidance from immigration specialists to understand what the adjudicating officers usually ask looking for, and to compile comprehensive documentation.
US inadmissibility rules
Any application for entry into the US, whether for a visa or to travel through the Visa Waiver Program, will involve screening of your background and personal information.
This will include:
- your identity, including your biometrics (fingerprints, photograph and signature), to ensure you are who you say you are
- your family, whether they are travelling with you or not
- any previous visits you may have made to the US
- whether you belong to a clan or tribe
- which other countries you have travelled to during the last 5 years
- professional, social or charitable organisations that you are a member of or otherwise connected with
- any military service
- any paramilitary unit, vigilante unit, rebel group, guerrilla group or insurgent organisation that you are a member of or otherwise connected with
- whether you have a criminal history
- involvement in terrorism, war crimes or genocide
- any previous immigration violations, such as overstaying the amount of time you were allowed to be in the US
- involvement in espionage, sabotage, or export control violations
False information in any part of your application can result in a refused application or denied entry at the border. Records will be retained which can affect any future US immigration applications.
You should also refer to the latest US travel guidance in relation to COVID or other travel restrictions.
Entry at the US border
Even with a valid visa or ESTA authorisation, you will not be guaranteed entry into the US. Admission into the country is at the discretion of the US immigration officials at the port of entry. They have the authority to question you at the border, about your reason for travel, your itinerary while in the US, your background and immigration history. They also have the right to deny you entry. It is therefore important that you are fully prepared before you arrive at the US border to answer questions and to have documents to support your reasons for travel. This also includes being able to show you have sufficient funds to maintain yourself and anyone else dependent in your party for the duration of your stay, and that you have travel plans to leave the US before your permission expires.
Required documents for US entry
To gain entry to the USA as a non-US national, you will need to present to the border official a valid passport and either a valid visa or proof you are qualify for visa-free travel.
| Entry Route | Required Documents |
|---|---|
| Visa Waiver Program (VWP) Travelers |
|
| Nonimmigrant Visa Holders (Tourism, Business, Study, Work) |
|
| Immigrant Visa Holders (Permanent Residency) |
|
| US Citizens and Lawful Permanent Residents |
|
| Transit Travelers (C-1 Visa Holders) |
|
US entry requirements: traveler tips
Here are five key takeaways for travelers to the US:
ESTA or Visa? Apply Early and Double-Check Eligibility
Travelers from VWP countries can visit the US for up to 90 days with ESTA, but ESTA must be approved before boarding. Applications can sometimes be denied due to previous travel history or security concerns. Those needing a visa should apply months in advance, as wait times vary widely by embassy.
A Visa Does Not Guarantee Entry—Prepare for CBP Screening
Even with a valid visa or ESTA, entry is decided by Customs and Border Protection (CBP) officers upon arrival. Be ready to answer questions about your trip, provide proof of return travel, and show financial means to support your stay. Avoid carrying conflicting documents, such as a résumé in your bag if you’re on a tourist visa.
Overstaying a Visa Can Lead to a Travel Ban
Staying beyond the authorized period can result in future visa denials or bans of three to ten years. ESTA travelers cannot extend their stay, while B1/B2 visa holders can apply for an extension before their permitted stay expires through USCIS.
Be Cautious with Electronic Devices and Social Media
CBP officers can search phones, laptops, and social media for red flags related to work intentions, immigration fraud, or security risks. Avoid carrying job applications, business proposals, or any content that contradicts your stated travel purpose.
Visa Holders Should Always Check Expiry Dates and Conditions
Some visas allow multiple entries, while others are single-entry only, meaning travelers must reapply after leaving the US. Check visa validity, number of permitted entries, and maximum stay duration before making travel plans to avoid unnecessary complications.
Moving to the US permanently?
Emigrating to the US on a permanent basis demands different entry requirements. Permission must be sought generally under an immigrant visa through family, employment, the diversity visa programme or as a special immigrant, or by adjusting our existing US status from a qualifying nonimmigrant visa to obtain a Green Card.
As with a non-immigrant visa or the Visa Waiver Program, US entry requirements for an immigrant visa will consider your personal history for any inadmissibility issues.
Read more about moving to the US here >
Need assistance?
For specialist advice on your options to travel to the US and the requirements you will need to meet, contact our attorneys.
US entry requirements FAQs
Who needs a visa to enter the US?
Travelers from countries that are not part of the Visa Waiver Program (VWP) must apply for a visa before traveling. The type of visa required depends on the purpose of the visit, such as tourism, business, work, or study.
What is ESTA, and who can use it?
ESTA (Electronic System for Travel Authorization) is required for travelers from VWP countries who want to visit the US for up to 90 days for tourism, business, or transit. ESTA must be approved before departure.
Does a visa or ESTA guarantee entry into the US?
Having a visa or ESTA does not guarantee entry. Customs and Border Protection (CBP) officers at the port of entry have the final authority to admit or deny entry based on immigration laws and security screenings.
What documents are required for entry into the US?
Travelers typically need a valid passport, an approved visa or ESTA, proof of sufficient funds, and details about their stay, including accommodation and return travel plans.
Can I work in the US with a tourist visa or ESTA?
No, working in the US on a B1/B2 tourist visa or ESTA is not allowed. Travelers must apply for a work visa, such as an H-1B, L-1, or O-1, if they intend to work.
How long can I stay in the US as a visitor?
Visitors entering on ESTA can stay for up to 90 days, while those with a B1/B2 visa may be allowed a stay of up to six months, depending on CBP’s decision at the port of entry.
What happens if I overstay my visa or ESTA period?
Overstaying can result in penalties, including bans on future travel to the US. Those who overstay for more than 180 days may face a three-year or ten-year bar on reentry.
Can I enter the US with a criminal record?
A criminal record does not automatically prevent entry, but certain offenses may lead to ineligibility. Travelers should check with the US embassy or consulate before applying for a visa.
Where can I check the latest US entry requirements?
The US Department of State website and the CBP website provide official information on visas, ESTA, and entry procedures for all travelers.
Glossary
| Term | Definition |
|---|---|
| B1/B2 Visa | A nonimmigrant visa for temporary travel to the United States for business (B1) or tourism (B2). |
| Customs and Border Protection (CBP) | The agency responsible for border security and immigration inspection at US ports of entry. |
| Electronic System for Travel Authorization (ESTA) | An online travel authorization required for travelers from Visa Waiver Program countries to enter the United States without a visa. |
| Immigrant Visa | A visa that allows foreign nationals to live permanently in the United States. |
| Nonimmigrant Visa | A visa for temporary stays in the United States, such as for tourism, business, study, or work. |
| Overstay | Remaining in the United States beyond the authorized period of stay, which can result in travel bans or visa ineligibility. |
| Port of Entry | The location where travelers are inspected by CBP officers upon arrival in the United States. |
| Travel Ban | A restriction placed on travelers from certain countries, preventing them from entering the United States. |
| US Department of State | The government agency responsible for issuing visas and overseeing embassies and consulates abroad. |
| Visa Waiver Program (VWP) | A program allowing citizens of certain countries to enter the United States for up to 90 days without a visa. |
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.
