Travelling to the US for work or business, whether to start a new job, transfer to a US branch or to invest in an existing US company, you will need to ensure you have in place the relevant US visa and permission to carry out your intended activity.
The US immigration system can be challenging for visa applicants, but with a stringent approach to the application process, and ensuring a robust submission is made to the US Consular, visas continue to be issued, allowing individuals to pursue career and business opportunities.
What is a US Travel Visa?
A US travel visa is an official document issued by the United States government allowing foreign nationals to enter the country for a specific purpose, such as tourism, business, or study. The type of visa needed depends on the traveler’s intentions and duration of stay. Common travel visas include the B-2 tourist visa for leisure trips, the B-1 business visa for short-term professional engagements, and the F-1 student visa for educational purposes.
Key risks associated with obtaining a US travel visa include incomplete or inaccurate applications, which can lead to delays or denial. Travelers must provide sufficient evidence to demonstrate their intent to return to their home country after their visit, such as proof of employment, financial stability, or family ties. Failure to meet eligibility requirements or submit required documentation can complicate the process.
Another consideration is the processing time, which can vary significantly based on the type of visa and location of the application. Applying well in advance of the intended travel date is essential to avoid disruptions. Travelers should also be aware of the restrictions of their visa type, as overstaying or violating terms may result in future entry bans. Careful preparation and adherence to the guidelines are key to a successful visa application.
ESTA – visa-free travel
It may be possible to travel to the US without the need to secure a visa, provided you meet the following requirements:
- You are the national of a Visa Waiver country with a valid e-passport from this country
- You will be staying in the US for no longer than 90 days
- Your reason for travel qualifies as business-related
- You have valid ESTA authorization
Specific exclusions will apply and may require you to take advice on alternative entry options such as applying for a visa. For example:
- You cannot undertake paid employment during your stay; the activity can only be business-related, such as attending a business meeting or looking at potential new business premises.
- Nationals of countries who are not part of the visa waiver program will be required to apply for the relevant visa.
- If you wish to stay for longer than 90 days, travel under the VWP would not be permitted.
- If you are not eligible for ESTA or you have had your ESTA application denied, perhaps due to a prior conviction, you will need to seek permission to travel to the US under the relevant visa and potentially also a waiver of inadmissibility to address the reason for non-admittance.
US Travel Visa for Visitors
The United States offers several visa options for visitors depending on the purpose and duration of their stay. Visitor visas are generally classified as nonimmigrant visas, allowing temporary travel to the US for tourism, business, medical treatment, or other approved activities. The most common visitor visa categories include the B-1 and B-2 visas, with additional options for those qualifying under the Visa Waiver Program (VWP).
The B-1 visa is intended for individuals traveling to the US for short-term business purposes. This includes attending meetings, conferences, negotiating contracts, or consulting with business associates. The B-1 visa does not permit employment or receipt of payment from US sources, and applicants must demonstrate that their stay is temporary, typically lasting no longer than six months. Proof of ties to their home country, such as employment or family connections, is crucial to ensure they plan to return after their visit.
The B-2 visa is designed for tourists and individuals seeking leisure travel, visiting family or friends, or undergoing medical treatment. It is the appropriate visa for those planning vacations, sightseeing, or attending social or cultural events in the US. Like the B-1 visa, the B-2 is generally issued for a period of up to six months, with the possibility of extensions if justified.
The Visa Waiver Program (VWP) allows citizens of specific countries to travel to the US without a visa for up to 90 days for tourism or business purposes. Travelers must apply for an ESTA (Electronic System for Travel Authorization) online prior to arrival and meet the program’s eligibility criteria. The VWP is an expedited option for short-term visits but does not permit extensions or status changes once in the US.
For those seeking to combine business and leisure, a B-1/B-2 visa may be issued, allowing flexibility to participate in activities covered under both categories. Visitors must ensure that their planned activities align with the visa’s terms and avoid engaging in unauthorized work or studies.
Visitors applying for any of these options must provide documentation supporting their intent, such as a valid passport, proof of financial means, and evidence of a return ticket. A visa interview at a US consulate or embassy is generally required for applicants, except in cases where the traveler qualifies under the VWP.
US visitor visa options cater to a variety of travel purposes, offering flexibility for those wishing to experience the country for business or leisure. Proper preparation and adherence to the visa requirements are essential to ensure a smooth and successful travel experience.
US travel visa options for temporary work & business
B1 Tourist Visa
Where travelers are not VWP eligible, or if the length of stay will exceed the 90 day VWP limit, the B1 visa for business travel may be the appropriate option.
Other circumstances include where the individual cannot enter the United States as a result of a criminal conviction, a violation of US immigration law or an entry denial.
The B-1 visa for business travellers allows a stay of up to 6 months, with the potential to apply to extend this for a further 6 months.
Restrictions apply to the qualifying activity permissible under the B-1 visa. Examples of permissible activities could include:
- Negotiate a contract
- Consult with business associates
- Travel for a scientific, educational, professional or business convention or conference on specific dates
The rules are clear however that the B1 visa cannot be used for the purposes of carrying out actual labor work or gainful employment. Temporary workers, crewmen, journalists, students and others intending to travel for activities non-permissible under the B visa category must apply for the appropriate visa.
L1 for intra-company transfers
If you have been an employee of a multinational company for more than 12 months, you may be able to apply to transfer to a newly-established or existing US branch, affiliate or subsidiary office under the L1 visa.
The company can be a US company or a foreign company.
L1 visas are not however open to all employees. The applicant must satisfy that they operate either at executive or managerial level (L1-A visa) or in a specialized knowledge role (L1-B visa) within the organisation. A strong application will be required to evidence eligibility and pre-empt adjudicator objections.
The first step in the application will be for the employer to file a visa petition with USCIS on behalf of the employee. Companies with a need for multiple L1 employees can file a ‘Blanket L’ petition with USCIS to streamline the petitioning process.
H1B visa
The H1-B visa is aimed at workers in highly specialized roles, who possess a minimum bachelors’ degree as required by the work in question. The employer must sponsor the worker.
This makes the H1-B visa highly unpredictable for employees and companies alike.
This route is however subject to an annual cap – 65,000 per fiscal year, with an additional allocation of H1B status to 20,000 foreign nationals per fiscal year with a US master’s degree or higher.
Applications for cap-subject petitions are accepted during the H1-B visa window at the start of April, and closes as soon as the cap has been reached. A lottery system is then used to select those applications that will be processed. Successful applicants’ H1-B status will begin October 1st that year.
Exemptions do apply and it is recommended to take advice to ensure you are pursuing the appropriate route.
E visas
E visas are available to individuals looking to do business in the USA on a temporary basis.
The E-2 visa is aimed at entrepreneurs and investors, to either start up a US based company or to invest in an existing US enterprise. Certain visa conditions apply, including making a ‘substantial’ level of investment and creation of a minimum of 2 full time roles for US resident workers.
The E-1 visa is for nationals of Treaty trader countries who are carrying out significant amount of trade with the US. The trade activity will be assessed to ensure it meets the visa criteria.
O visas
The O visa is open to individuals who can demonstrate world-class ability and status within their professional field of either science, education, business, or athletics or the arts.
To be eligible, you must demonstrate you have work lined up in the US in your field of extraordinary ability. Prospective employment in the US is not permitted.
I visa
The I visa specifically permits media professionals to come to the US for the purpose of generating content and material.
If working on a media project in the US, you will need to apply for permission to do so. This includes journalists, bloggers, broadcasters, news photographers, production crew and other media professionals working on a contracted/freelance or employed basis for US or foreign companies – media agencies, publishing houses, production studios.
VWP or B visas do not permit media-related activity. ‘Chancing it’ at the border could result in you being refused entry, which will impact future US visa applications.
As well as looking at the applicant eligibility, the nature of the content to be produced will also be assessed and must meet strict criteria to qualify under the I visa route. Content that is newsworthy and instructional for example will be eligible, whereas reality television productions would not.
While the above is a brief summary of some of the US travel visa options available, it is recommended to take advice on your specific circumstances and needs to ensure you proceed with the correct route.
US Travel Visa for Students
The United States offers several visa options for international students who wish to pursue academic or vocational studies. These visas are categorized based on the type of education and the purpose of travel, each with specific eligibility requirements, application processes, and restrictions.
The F-1 visa is the most common option for international students attending academic programs at accredited US institutions. It is intended for students enrolling in degree programs such as bachelor’s, master’s, or PhD programs, as well as certain English language courses. To qualify, applicants must have been accepted by a US school certified by the Student and Exchange Visitor Program (SEVP), demonstrate proof of financial support for tuition and living expenses, and show intent to return to their home country after completing their studies. The F-1 visa allows part-time on-campus employment, opportunities for Optional Practical Training (OPT) and Curricular Practical Training (CPT), and remains valid for the duration of the program plus a 60-day grace period.
The M-1 visa is designed for students pursuing non-academic or vocational training programs, such as technical courses or trade schools. To be eligible, students must enroll in a vocational program certified by SEVP, provide evidence of sufficient funds for the entire course and living expenses, and demonstrate strong ties to their home country. The M-1 visa is limited to the duration of the program plus 30 days and does not permit changes to other visa categories while in the US. On-campus employment and OPT opportunities are not available for M-1 visa holders.
The J-1 visa is intended for students participating in exchange programs, including high school or university-level studies, internships, or training programs. It is suitable for students who are part of government-funded or private exchange initiatives. Applicants must be accepted into an approved exchange program, provide adequate financial support, and have a designated sponsor such as a university, government agency, or private organization. The J-1 visa allows for part-time employment with sponsor approval, academic training related to the field of study, and may require a two-year home-country residency after the program ends, depending on the specific exchange program.
For all student visas, applicants must pay the SEVIS (Student and Exchange Visitor Information System) fee and demonstrate nonimmigrant intent, meaning they plan to return to their home country after completing their studies. A personal visa interview at a US consulate or embassy in the applicant’s home country is also required. US student visa options provide pathways for international students to pursue a wide range of educational opportunities, from academic degrees to vocational training and cultural exchange. Careful preparation and adherence to visa requirements are essential for a successful application and study experience in the United States.
Need assistance?
For specialist guidance on your circumstances and the US visa options that may reopen to you, speak to our US immigration attorneys.
US Travel Visa FAQs
What is a US travel visa?
A US travel visa is a document issued by the US government allowing foreign nationals to enter the country for specific purposes such as tourism, business, or study.
What are the common types of US travel visas?
Common types include the B-2 tourist visa for leisure and the B-1 business visa for short-term professional activities. Other visas, like the F-1, are for students.
Do I need a US travel visa if I am from a Visa Waiver Program country?
Travelers from Visa Waiver Program countries can visit the US for up to 90 days without a visa but must apply for an ESTA before traveling.
How long does it take to process a US travel visa?
Processing times vary by visa type and application location, ranging from a few days to several months. It is recommended to apply well in advance.
What documents are needed for a US travel visa application?
Typical documents include a valid passport, DS-160 confirmation, visa fee receipt, a photograph meeting US requirements, and evidence of ties to your home country.
Can I extend my US travel visa?
You may apply for an extension of stay with USCIS if your visa conditions allow. The application must be filed before your current visa expires.
What happens if I overstay my US travel visa?
Overstaying can lead to penalties, including bans on future travel to the US. It is important to leave before your visa’s expiration date.
Glossary
| Term | Definition |
|---|---|
| US Travel Visa | An official document issued by the US government allowing entry into the country for specific purposes. |
| B-1 Visa | A nonimmigrant visa for short-term business purposes, such as meetings or conferences. |
| B-2 Visa | A nonimmigrant visa for tourism, leisure, or visiting family and friends in the US. |
| Visa Waiver Program (VWP) | A program that allows citizens of specific countries to travel to the US for up to 90 days without a visa. |
| ESTA | The Electronic System for Travel Authorization, required for travelers entering the US under the Visa Waiver Program. |
| DS-160 Form | The online application form required for most nonimmigrant US visas, including travel visas. |
| Visa Fee | The non-refundable payment required to apply for a US travel visa. |
| Overstay | Remaining in the US beyond the period authorized by the visa, leading to potential penalties. |
| Extension of Stay | A formal request to USCIS to extend the authorized period of stay for certain visa types. |
| Supporting Documents | Evidence such as proof of financial stability or ties to a home country, required during a visa application. |
| Consulate | A US government office abroad where visa applications and interviews are conducted. |
| Nonimmigrant Visa | A temporary visa allowing individuals to enter the US for specific purposes, such as tourism or business. |
| Visa Denial | A refusal by the US government to grant a visa, often due to incomplete applications or failure to meet requirements. |
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.
