US Visit Visa Requirements

By Nita Nicole Upadhye

Table of Contents

The following guide looks at US visit visa requirements for both business visitors and tourists, including the permissible activities under each type of visa, the eligibility criteria, the visitor visa duration, the application process, as well as those who qualify for visa-free travel.

 

Do you need a visa to visit the USA?

 

You may be eligible to enter the USA without a visa if you meet the requirements for the US Visa Waiver Program (VWP) and are granted ESTA authorization. The VWP allows citizens of over 35 countries to travel to the United States without a visa for the purposes of business or tourism.

The VWP is only intended for occasional short visits to the USA. Visa-free travel does not cover those who plan to study, work or remain in the United States for more than 90 days. If you wish to stay in the US for longer, you will need to obtain a visitor visa.

There are also defined circumstances in which you may be denied visa-free travel, for example, where you have been arrested for certain crimes, you have previously overstayed on the VWP or been denied entry, or where you have a serious communicable illness.

Visitors who are not eligible to travel under  will have to apply for a B1 or B2 visitor visa to travel.

 

Applying to visit the US visa-free with ESTA

 

Travellers that qualify for the VWP must still first obtain ESTA authorization to enter the United States under the Electronic System for Travel Authorization system. You will generally be granted authorization if you are a citizen of one of the listed VWP partner countries and you hold a valid e-passport with an electronic chip.

To apply for visa-free travel you will need to complete an online pre-registration form on the ESTA website. US Customs and Border Patrol advise to do this at least 72 hours before you intend to travel to the US.

If your application for visa-free travel is denied, you will need to make an application for a B visitor visa from your nearest US Embassy or Consulate. As this is likely to significantly delay your travel plans, you should always check your eligibility for visa-free travel prior to making any non-refundable travel arrangements.

 

B visitor visa for the US

 

There are two main types of US visitor visa: the B1 visa and the B2 visa. The B1 visa is a non-immigrant visitor visa for those travelling to the United States for the purposes of business, while the B2 visa is a non-immigrant visa is for the purposes of tourism, pleasure or visiting friends and family.

The B1 visa can be used if you are travelling to the United States for a temporary stay for the purpose of business activities, attending a conference or seminar, or other legitimate activities of a commercial or professional nature.

It will not, however, allow for gainful employment or productive activity such as operating a business. However, some limited additional activities can be carried out under the B1 visa, such as participating in a voluntary service program of benefit to a US local community.

The B2 visa, on the other hand, can be used for the purposes of tourism, pleasure, to visit friends and family, or in addition to the following activities:

 

  • Undergoing a medical procedure or medical treatment
  • Performing as an amateur entertainer or athlete, but you cannot in most cases be paid for your performance – take advice to ensure you do not contravene the visa conditions
  • Participating in social events hosted by fraternal, social or service organisations
  • Undertaking a short-term, recreational study course, provided your primary purpose of travel is still tourism

 

As with the B1 visa, you will not be permitted to work in a professional capacity under the B2 visa, either paid or unpaid, nor undertake gainful employment of any kind. In respect of both the B1 and B2 visa, where your proposed activity falls outside those permitted within either classification, you will usually need to apply for a different type of visa.

 

US visit visa requirements

 

To be eligible for either a B1 business or B2 tourist visa you must satisfy the following US visit visa requirements:

 

  • The purpose of your trip is to enter the United States temporarily for the purposes of either business and/or tourism
  • You plan to stay in the United States for a specific limited period
  • You have evidence of sufficient funds to cover your expenses during the course of your stay in the United States
  • You have a residence outside the United States, as well as other binding ties, that will ensure your departure from the USA at the end of your visit.

 

It is your responsibility to ensure you understand and meet the US visitor visa requirements before you travel to the United States. Importantly, even if you are successfully granted a visa, this does not necessarily guarantee entry. A visitor visa will simply allow you to travel to the USA for the purpose(s) permitted under the visa, namely for business and/or pleasure. It remains at the discretion of immigration officials at the port of entry to determine your eligibility for admission.

As such, it is advisable when you travel to carry with you documentation that proves your reason for travel and that you are a genuine visitor to the US. You should also be prepared to fully answer any questions the border officials may have, for example, in relation to where you are staying, for how long, how you are financing your trip and whether you intend to leave the United States at the end of your stay.

 

How to apply for a US visitor visa

 

To apply for a B1 or B2 visitor visa you will need to complete online Form DS-160, pay the non-refundable application fee and schedule an interview at your local US Embassy or Consulate, typically in your country of residence.

You will be required to bring the following to the interview:

 

  • a print-out of your appointment confirmation
  • a print-out of the confirmation page for Form DS-160
  • your application fee payment receipt, where you have already paid
  • a colour photograph compliant with US photo regulations, taken in the last 6 months, unless you have successfully uploaded a photograph during the online application process
  • your passport or other travel document, in most cases valid for at least 6 months beyond your stay in the United States.

 
In addition, you will need to attend your interview with supporting documents to evidence your eligibility to travel, proof of your reason for travel, as well as evidence of your funds to pay for your trip. Additionally, you may have to prove your ties to your home country, for example, evidence of your residence in your home country, to show you will leave the US within the visa validity period.

You may also need, where applicable, documentary evidence of the following:

 

  • your status in the country in which you reside
  • any previously issued US visas
  • any serious communicable medical condition
  • any arrests, convictions or cautions, regardless of when they occurred
  • being denied entry to or deported from the US.

 

How long does a US visitor visa last?

 

Your eligibility for a US visitor visa will be determined by the interviewing consular officer who has powers to approve or deny your application, or to request further information in order for a decision to be made in possession of all facts.

In the event that your application is successful, this can take just a few short days to process. However, it is important to apply for a visitor visa well in advance of your intended travel departure date, as additional processing can take several weeks, if not months.

Once granted, your visa will be for a period of up to 6 months. In some limited circumstances, you may be able to extend your stay whilst in the United States, although you must file a request with US Citizenship and Immigration Services before your authorised stay expires, or risk being deported.

 

FAQs on US Visit Visas

 

What is a US Visitor Visa?

 
A US Visitor Visa, also known as a B-1/B-2 visa, is a non-immigrant visa for individuals traveling to the United States temporarily for business (B-1) or for pleasure, tourism, or medical treatment (B-2).

 

Who Needs a Visitor Visa?

 
Most foreign nationals who wish to enter the United States for business or tourism need a visitor visa. Exceptions include citizens of countries participating in the Visa Waiver Program (VWP), who can travel to the U.S. for up to 90 days without a visa.

 

What are the General Requirements for a US Visitor Visa?

 
Applicants must demonstrate the purpose of their trip is for business, pleasure, or medical treatment, that they plan to remain for a specific, limited period, have funds to cover expenses while in the U.S., and have a residence outside the U.S. and other binding ties ensuring their return.

 

How Do I Apply for a US Visitor Visa?

 
To apply, complete Form DS-160 online, pay the visa application fee, schedule an interview at a US Embassy or Consulate, and prepare the required documents, including a valid passport, DS-160 confirmation page, visa fee receipt, a compliant photo, and supporting documents for your trip.

 

What Should I Expect During the Visa Interview?

 
During the interview, a consular officer will determine your eligibility for a visitor visa. You must demonstrate that you meet the requirements of US immigration law and discuss the purpose of your trip, your planned itinerary, and your ties to your home country.

 

How Long is the Visitor Visa Valid?

 
The validity of a US visitor visa varies and is determined by the consular officer at the time of issuance. It can range from a few months to several years and typically allows for multiple entries.

 

Can I Extend My Stay on a Visitor Visa?

 
Extensions of stay are possible under certain circumstances. You must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before your authorized stay expires.

 

Can I Work or Study on a Visitor Visa?

 
No, visitor visa holders are not permitted to work or study in the United States. Engaging in unauthorized employment or study can lead to visa revocation and potential removal from the U.S.

 

What If My Visa Application is Denied?

 
If your visa application is denied, you will be informed of the reason during the interview. The application fee is non-refundable, but you may reapply if you believe the reasons for denial have been overcome or if there is significant new information to present.

This article does not constitute direct legal advice and is for informational purposes only.

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.

This article does not constitute direct legal advice and is for informational purposes only.

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