Immigration and international laws are put in place to regulate various stipulations when people visit the US from other countries. Everyone who visits has different reasons behind their trip, hence there are different visas and/or statuses that travelers must apply for to be able to enter the U.S.
Therefore, knowing which visa you need is important when coming to the U.S. Different visas allow different permissions to foreign travelers and not following protocol could have legal consequences. It’s best to make yourself aware of what the common visas are and what they allow, then a more logical choice can be made on which visa is best for you. The most common visa/status applications for tourism purpose of coming to the U.S. are ESTA status, B-1, and/or B-2 visa.
What is ESTA?
ESTA, or Electronic System for Travel Authorization, is an automatic system that allows travelers to see if they are eligible to come to the US on a visa waiver program. Although it is not completely guaranteed, an applicant can travel to the U.S. if qualified for ESTA.
Travelers should only apply if traveling to the United States for 90 days or less. They must also have an e-Passport to apply. If approved by the ESTA, the approval is valid for 2 years. Method of travel can be either by plane, car, or boat.
Fact sheets are available on the US Customs and Border Protection website for specific and detailed information. To accommodate applicants better, the fact sheet can be accessed in over 20 languages. Some of those languages include:
- Hungarian
- German
- Czech
- Greek
- Portuguese
- Traditional Chinese
- Icelandic
If foreigners are going to apply, they must also be from a country that is considered ESTA eligible. Almost 40 countries have ESTA eligibility that allows their residents to apply for visa waiver program status. Some ESTA eligible countries include:
- Japan
- United Kingdom
- Taiwan
- Luxembourg
- Monaco
- Norway
- Denmark
A full list of eligible countries is also available on the US Customs website. Once you confirm you come from an ESTA eligible country and fulfill the preliminary requirement of an e-Passport, you can prepare for the application process.
Applying via ESTA
The application process is among the shortest for all visa types and can be completed online. It is a quick process that can be completed at any time before arriving in the US, but it is best to apply as early as possible.
During the application process, expect to finish the online application in a half-hour or less. Questions will be in regards to biographical information, health, and security matters. Most people consider this method first when trying to visit the United States and result in applying for B visas as a second option.
B Visas
Despite many people applying through the ESTA system, B visas are the most commonly issued visas for those visiting the U.S. B1 and B2 visas are issued for different purposes.
B-1 Visas
B-1 visas are issued to those coming to America for business purposes (i.e. to attend meetings and company trainings). The traveler’s visit to the U.S. is considered a short-term business trip which does not involve working for any US employer. The catch here is that B-1 visas do not permit receiving a salary or earning any active income while in the US.
The common reasons for coming to the US as a B-1 visa holder are:
- Business meetings
- Business conferences
- Buying material for their business
- Negotiating deals
- Tours
- Appearing in a US court to testify
B-1 visas are issued for different periods of time: anywhere from 1 visit to 10 years. During the validity of the visa, the visa holder is allowed to travel to and from the US as many times as desired as long as the total number of days in any calendar year does not exceed 180 days. When in the U.S., a B-1 visa holder can potentially extend the stay. Extensions can be filed with USCIS and if approved, it will be available for an additional six months. Extending a B-1 visa in the US may cause a problem with renewals at the consulate later, so should only be done in extreme situations (i.e. COVID-19 pandemic).
A major issue people have with a B-1 visa is the restriction of earning income while visiting.
To apply for a B-1 visa, submit a DS-160 form that is available online on the Consular Electronic Application Center. The following minimum list of documents should be submitted with the application:
- Copies of passport
- Travel plans
- Business license or registration
- Invitation documents (if applicable)
- Documents showing dates of any previous visits to the US
- Criminal background
- Business financial records
The application review process will likely take several weeks and an interview will be conducted at the US embassy of the applicant’s home country. From there, an approval or denial will follow.
B-2 Visa
While B-1 visas are more business-related, B-2 visas tend to be more for leisure visits to the United States. These visas are also valid for six months but could be less, depending on the discretion of the immigration officer at the time of entry.
The common reason for B-2 visa holders to enter the US include:
- Spending time with family and friends
- Events
- Trade shows
- Exhibitions
- Medical treatments
- Social organization programs and events
- Tourist/traveling
Therefore, this is why B-2 visas are considered more activity-related or for leisure. Again, if an applicant is denied through the ESTA system and their trip is for leisure, the B-2 visa application could be their only option.
Immigration Lawyers are Here to Help
If an applicant applies for a visa and wants to ensure they are doing everything correctly to avoid a possible denial, an experienced attorney can help. Immigration attorneys have experience in immigration law cases and can save time and money for their clients.
An US Immigration attorney can prepare applicants for the approval process by informing clients of all necessary paperwork, helping them fill out the application, and preparing them for their interview at an US embassy.
Immigration lawyers can help prevent mishaps from occurring that could otherwise result in an application denial. Sometimes people are not fully aware of restrictions and qualifications and immigration lawyers, who do this type of work day in and day out, are more up-to-date on what are the best current practices.
Visiting the United States could be an amazing experience for international travelers. Just be sure to choose the right visa that suits your visit. The best advice would be to apply for the visa waiver program through ESTA if you are from a country that qualifies for ESTA or as an alternative: the correct B visa to enter the U.S.