If you’re planning to travel to the US, one of the first things to check is which US visa – if any – you’ll need to apply for to gain entry into the country.

But dealing with the US immigration authorities is rarely straightforward! As US immigration attorneys, here are our top tips for travellers looking to head to the US.

 

Do I need a visa to travel to the US?

 

If you’re a tourist or travelling on business to the US for a stay that’s less than 90 days, you may be eligible to travel visa-free.

The Visa Waiver Program allows nationals of participating countries, including the UK, France, Germany and Australia, to travel to the USA without having to apply for a US visa.

To travel under the VWP, you will however need to secure ESTA approval (Electronic System for Travel Authorization). This is an online application process used by the US government to pre-screen all non-US individuals applying for travel via the VWP before they leave their home country.

ESTA authorization typically lasts for up to 2 years, although this can expire sooner, for example, where a different passport is used to travel with than the one that was used to apply for ESTA authorization. During the period of validity, travellers are allowed to make an unlimited number of trips to the US, with each stay lasting a maximum of 90 consecutive days, provided they’re not making the US their home through frequent or successive trips.

To be eligible for a visa waiver under the VWP, you must:

 

• be planning to travel to the US for business or tourist purposes for less than 90 days
• be a national of one of several eligible countries, including the UK
• hold a valid e-passport from a participating VWP country, with an electronic chip containing your biographical data
• hold either a return or onward ticket if entering the US by air or sea, although you cannot travel by private plane or private ship
• not be ineligible to receive a visa under US immigration laws.

 

If you are not eligible for travel under the VWP – perhaps you are not a national of a visa waiver country, or if your ESTA application has been denied or your planned activity is not permissible under the VWP (such as gainful employment, media professionals on assignment) – you will have to apply for the relevant visa to travel to the US.

If you’ve previously been refused admission into or deported from the US, have overstayed on the VWP, have a serious communicable illness, or have been to either Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria and Yemen on or after 1 March 2011, or Cuba since January 2021, you would not qualify for visa-free travel. If you have a criminal record, even if any conviction is considered spent in your country of residence, or have ever been arrested or cautioned, you may not qualify.

 

What type of US visa do I need?

 

Unless you qualify for visa-free travel under the VWP, you’ll require a suitable visa. You’ll also need to apply for a visa if any application for ESTA authorization has been denied. US visas are classified as either:

 

• Nonimmigrant visas for temporary permission to enter the US for example for tourism or short term employment or business-related activity.
• Immigrant visas grant US permanent residence.

 

Your choice of visa will be determined predominantly by what you plan to do while you’re in the US. For example:

 

• Visiting as a tourist: If you’re not eligible to travel under the VWP, you should look at a visitor visa. If you’re travelling to the US for tourism, leisure, to visit family, this would be the B-2 visa. For business travel, such as attending meetings, the B-1 visa.
• Temporary employment visas: There are many different US work visas available. Suitability and eligibility will depend on a range of factors including whether you are an investor; intra-company transfer;media professionals; specialty occupation professionals among many others. Each visa will have its own specific requirements and application process.
• Studying in the US: The J-visa for students is for non-US national students that are accepted into an approved educational program in the USA. They do not automatically allow employment but many work-study provisions are available.

 

Before you start applying for a particular visa, it really helps to do the research. Are you certain it is the most appropriate for your circumstances? Look at the specific criteria for that particular route and whether you have the evidence to prove that you satisfy these.

 

Types of US visa

 

The most common types of nonimmigrant visas include:

 

Visa Type	Description
B-1 Visa	A nonimmigrant visitor visa for temporarily traveling to the US for unpaid business activities of a commercial or professional nature, such as attending meetings or conferences. The initial maximum stay is up to 6 months.
B-2 Visa	A nonimmigrant visitor visa for temporarily traveling to the US for tourism, including vacations, visiting family and friends, undergoing medical treatment, short recreational study courses, amateur competitions, and participation in social events. The initial maximum stay is 6 months.
B-1/B-2 Visa	A combined nonimmigrant visitor visa for temporarily traveling to the US for both business and tourism purposes. The initial maximum stay is 6 months.
E Visas	Nonimmigrant work visas for treaty traders and investors. The E-1 visa is for treaty traders engaged in substantial trade between the US and the treaty country. The E-2 visa is for treaty investors who are developing and managing a US business with a substantial capital investment.
F Visa / M Visa	Nonimmigrant student visas, where the category depends on the type of school and study program. The F visa is for students attending academic institutions, including universities and language programs. The M visa is for students attending vocational or nonacademic institutions, excluding language training.
H Visas	Nonimmigrant work visas for temporary employment in the US. The H-1B visa is for specialty occupations requiring highly skilled professionals. The H-2A visa is for seasonal agricultural workers, while the H-2B visa is for seasonal non-agricultural workers. The H-3 visa is for trainees and special education visitors.
J Visa	A nonimmigrant exchange visitor visa for individuals participating in approved cultural exchange programs, including au pairs, interns, professors, camp counselors, and teachers.
L Visas	Nonimmigrant intracompany transferee visas for employees temporarily working at a US branch, parent, affiliate, or subsidiary of their overseas employer in a managerial, executive, or specialized knowledge capacity.
O Visas	Nonimmigrant visas for individuals with extraordinary ability in sciences, education, business, athletics, or the arts. The O visa also includes those with extraordinary achievements in the motion picture and television industries, along with their essential support personnel.
P Visas	Nonimmigrant work visas for internationally recognized athletes, athletic teams, artists, and entertainers coming to the US to participate in competitions or performances. The P-1 visa is for athletes and entertainment groups, while the P-2 and P-3 visas are for artists and entertainers performing under exchange or culturally unique programs.
Q-1 Visa	A nonimmigrant work visa for individuals participating in international cultural exchange programs that provide practical training and employment while sharing their home country’s history, culture, and traditions.

 

The most common types of family-based US immigrant visas include:

 

Visa Type	Description
K Visas	These visas allow the fiancée or spouse of a US citizen to live with them in the United States while awaiting approval of an immigrant petition to adjust their status to permanent residency. The K-1 visa is for the fiancé(e) of a US citizen to travel to the US, where they must marry their US sponsor within 90 days of arrival. The K-3 visa is for the spouse of a US citizen, allowing them to enter the US while waiting for their permanent resident status to be approved. K visas are nonimmigrant visas but are treated as immigrant visas due to their role in family-based immigration.
IR1 / CR1 Visas	Immigrant visas for the spouse of a US citizen to obtain permanent residency. The IR1 visa is for foreign spouses who have been married to a US citizen for at least 2 years and grants immediate permanent residency. The CR1 visa is for spouses who have been married for less than 2 years and grants conditional residency. CR1 visa holders must apply to remove conditions within 90 days before the 2-year anniversary of entry into the US on their immigrant visa. “IR” stands for Immediate Relative, and “CR” stands for Conditional Resident.
IR2 / CR2 / IR5 / F1 / F3 / F4 Visas & F2A / F2B Visas	Immigrant visas for certain family members of US citizens and lawful permanent residents (LPRs). Family-based immigrant visas are categorized into Immediate Relative visas and Family Preference visas. Immediate Relative visas (such as IR2, CR2, and IR5) are based on close family relationships with a US citizen, including spouses, children, and parents. Family Preference visas (such as F1, F3, F4, F2A, and F2B) are for more distant relatives of US citizens and permanent residents. The number of Family Preference visas granted each fiscal year is limited by US immigration laws.

 

The most common types of employment-based US immigrant visas include:

 

Visa Category	Description
Employment First Preference (E1) – Priority Workers and Persons of Extraordinary Ability	This category includes individuals with extraordinary ability in the sciences, education, business, athletics, or arts; outstanding and internationally recognized professors and researchers with at least 3 years of experience; and multinational managers or executives who have been employed for at least one of the three preceding years by the overseas branch, parent, affiliate, or subsidiary of the US employer.
Employment Second Preference (E2) – Professionals Holding Advanced Degrees and Persons of Exceptional Ability	This category includes professionals who hold an advanced degree or a baccalaureate degree with at least 5 years of progressive experience, as well as individuals with exceptional ability in the sciences, business, or arts. Their expertise must be significantly above that ordinarily encountered in their field.
Employment Third Preference (E3) – Skilled Workers, Professionals, and Unskilled Workers	This category includes skilled workers whose jobs require a minimum of 2 years of training or work experience; professionals whose jobs require at least a US baccalaureate degree or its foreign equivalent; and unskilled workers who are capable of filling positions that require less than 2 years of training or experience.
Employment Fourth Preference (E4) – Certain Special Immigrants	This category includes multiple subgroups, such as broadcasters and ministers of religion, as well as certain other special immigrant categories designated by US immigration law.
Employment Fifth Preference (E5) – Immigrant Investors	This category is for foreign investors who make a capital investment in new US commercial enterprises that create jobs for US workers. The minimum investment required is $1,050,000 or $800,000 if the business is located in a targeted employment area.

 

How do I apply for a US visa?

 

Applying for a US visa isn’t always straightforward. Your local US consular post processes applications for US visas, including those for temporary travel.

For temporary visas, such as the B1 visa, you complete the online form DS-160, pay the relevant fee(s) before arranging an interview at the Consular office where you applied eg for UK-based applications, it would be at the US Embassy in London

Make sure you make a copy of the submitted application form and other documents. Pay attention specifically to the DS-160 confirmation page. Once you finish and submit the form, the computer will generate that page. Save it on your computer and then also print a few copies. You will need to bring that for your interview and you must not lose it.

Build a file to keep all your documents and correspondence and bring this to your visa interview to refer to and help when responding to the visa questions.

Where possible, it’s always best to apply as early as possible in advance of your trip. Nonimmigrant visa applications will for example require you to attend a visa interview at the Consular post where you filed your petition, and interview waiting times and visa processing and can fluctuate, depending on the Embassy’s caseload, the time of year and the type of visa you are applying for. Following pandemic restrictions on service provision and application processing, the availability of interview slots and expected visa application processing times continue to be subject to delay.

When you attend the interview, you will need to take supporting documents with you to evidence your eligibility. Don’t underestimate the importance of getting your supporting documentation right – it will be the difference between a successful visa application and a delayed, or even refused, application.

If your visa classification is placed into administrative processing, there will be an additional wait time of anything between a few days and a few months.

While the consular officer is required to operate under US immigration rules and guidelines when deciding on whether to approve or refuse a visa application, recent changes passed by the US Administration have extended the discretionary powers of adjudicators.

Specifically, this means that if an application requires further clarification on specific details or if information is missing from the original application, the adjudicator is not obligated to contact the applicant to request clarification or further information or documentation to be provided (so-called requests for evidence, RFEs).

This means visas can be refused if the visa officer considers the applicant is not eligible, on the basis of the information that has been submitted, to receive a visa under US law.

The result – it is more important than ever to ensure your application is correct, accurate, complete and thorough to minimize adjudication issues and the risk of a delayed or refused application.

 

What will I be asked at the US visa interview?

 

Before you go to the interview, research the visa interview questions. Try to avoid going unprepared. Familiarise yourself with your application form and the information you provided. Take your documentary evidence with you. Interviews can last around 20 minutes, so be organized. File your documents so they are easily to find in response to interview questions.

The interview can seem daunting, but with preparation and all documents, you will be best placed to present well.

Once you hand in your supporting documents and finish the interview, wait. The US Embassy will be processing your case and will take some time to get back to you with an answer. You might be lucky and they will let you know on the same day as your interview, but that does not happen very often.

Instead, you might have to wait a few days, weeks, or even a few months. Be patient and do not call the Embassy constantly to check up on them. They will notify you when they make their decision.

If they approve your visa, they will mail your passport back to you or you can go and pick it up. If they deny the visa, they will let you know of the reasons. You can then use that to correct the mistakes and apply again.

Either way, you cannot rush the US Embassy to make a decision, so just wait until they call.

 

Can my family join me in the US?

 

A key question to ask when considering your visa options is whether your family can apply with you as dependents to join you in the US.

The rules unfortunately are different for different visa classes; while some permit dependents to apply with the principal applicant, others require family members to apply for a visa in their own right.

 

Now long is a US visa valid for?

 

Each visa has rules on the time you can stay and when it expires. If the U.S Embassy decides to give you the visa, make sure you know those rules. The visa on your passport will state how long you can stay and you must respect that.

Do not try to overstay your visa or do something you are not allowed to. If you have a tourist visa, you cannot find a job or go to school in the US. Breaking these rules can result in you being deported from the U.S and will be a problem in the future.

If at any point in time you will then want to apply for a US visa again, the US Embassy will know you broke the rules before. They will repeatedly deny your visa and you will not be able to go again. So be respectful of the rules and you will have an easier time getting a US visa again in the future.

 

What if my visa application is denied?

 

Cases are taken on their merit, meaning visas can be refused for many and varied grounds.

Some reasons should be preempted in the application. For example, if you are applying for a temporary, nonimmigrant visa, you will need to show the visa officer that you have ‘sufficient ties’ to your country of residence that will ensure you will leave the US before the end of your visa period. This could look like evidence of continued employment in your country of residence, a mortgage on your family home, details of your family in your country of residence.

If you are inadmissible under general grounds, for example due to a past criminal conviction, you may have to consider applying for a waiver of inadmissibility to support your visa application.

 

Need Assistance?

 

Applying for a US visa can be a challenging process, especially if you have complex circumstances like a past refusal, criminal record, or other unique factors. Avoid unnecessary delays or the risk of refusal by seeking professional advice tailored to your situation. An experienced immigration advisor can help you explore all your options, prepare your application effectively, and address potential issues before they arise. Contact us for specialist guidance.

 

US Visa FAQs

 

What is a US visa?

A US visa is an official document issued by the US government that allows foreign nationals to travel to the United States for specific purposes, such as tourism, study, work, or immigration.

 

What are the types of US visas?

US visas are broadly categorized into non-immigrant visas (for temporary stays) and immigrant visas (for permanent residency). Common non-immigrant visas include B-1/B-2 for business and tourism, F-1 for students, and H-1B for skilled workers.

 

How do I apply for a US visa?

You must complete the DS-160 form online, pay the application fee, schedule an interview at a US embassy or consulate, and provide necessary documentation, including a valid passport.

 

How much does a US visa cost?

The application fee varies by visa type. For example, non-immigrant visa fees start at $185. Additional issuance fees may apply based on nationality.

 

Can I extend my stay on a US visa?

Yes, some visa holders can apply for an extension by filing Form I-539 with USCIS before their authorized stay expires.

 

Do all travelers to the US need a visa?

No, citizens of Visa Waiver Program (VWP) countries 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 US visa application?

A valid passport, completed DS-160 form, visa application fee receipt, and supporting documents such as proof of purpose, financial capability, and ties to your home country.

 

What happens if my visa application is denied?

You will receive a written explanation for the denial. Depending on the reason, you may reapply with additional evidence or address the issues raised.

 

Glossary

 

Term	Definition
US Visa	An official document issued by the US government that permits foreign nationals to enter the United States for specific purposes.
Non-Immigrant Visa	A visa for temporary stays in the US, including categories for tourism, study, business, and temporary work.
Immigrant Visa	A visa that allows foreign nationals to live permanently in the United States.
DS-160	The online form required for non-immigrant visa applications to the United States.
Visa Waiver Program (VWP)	A program allowing citizens of eligible countries to travel to the US for up to 90 days without a visa.
ESTA	The Electronic System for Travel Authorization required for travelers under the Visa Waiver Program.
Visa Issuance Fee	A fee charged based on reciprocity agreements between the US and the applicant’s country of nationality.
Form I-539	The application form used to request an extension of stay for non-immigrant visa holders in the United States.
Proof of Ties	Documentation showing strong connections to an applicant’s home country, used to demonstrate intent to return after visiting the US.
USCIS	United States Citizenship and Immigration Services, the agency that manages immigration benefits and visa-related services.