U.S. Visa Overview – Expat Network

A citizen of a foreign country who wishes to enter the United States generally must first obtain a U.S. visa.  The visa is placed in the traveler’s passport. Some international travelers may be eligible to travel to the United States without a visa if they meet the requirements for the Visa Waiver Program. Here is an overview of the visa options depending on the reason for you visiting the U.S.

Written by Nigel Ayres, CEO of Expat Network

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing to request permission of the Customs and Border Protection (CBP) inspector to enter the U.S..  Having a visa does not guarantee entry to the United States, but it does indicate a consular officer at a U.S. Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose.

Visa Waiver Program (VWP)

The VWP enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without having to  obtain a visa. Travelers must obtain a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.

You must be a citizen or national of the following countries* to be eligible to travel to the United States under the VWP.

Travelers in the following categories are no longer eligible to travel under the VWP and must obtain a visa prior to traveling to the United States:

• Nationals of VWP countries who have traveled to or been present in Democratic People’s Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 or to Cuba on or after January 12, 2021  (limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
• Nationals of VWP countries who are also nationals of Cuba, Democratic People’s Republic of Korea, Iran, Iraq, Sudan, or Syria.

Requirements for Using the VWP

You must meet all the following requirements to travel to the United States on the VWP:

• Travel Purpose Must be Permitted on a Visitor (B) Visa
• You must have an e-Passport, an enhanced secure passport with an embedded electronic chip.
• Your passport must have a digital photograph which is printed on the page as opposed to a photograph that is glued or laminated into the passport.

What Types of Visas Are There?

Those ineligible for the VWP will need to apply for a visa.  There are two main categories of U.S. visas based on the purpose of your travel:

Nonimmigrant Visa

There are two nonimmigrant visas for short term stays of upto 90 days:

• B-1 Visa – Business
• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

• B-2 Visa – Tourism
• Tourism
• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Travel Purposes Not Permitted On Visitor Visas

These are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:

• Study
• Employment
• Paid performances, or any professional performance before a paying audience
• Arrival as a crewmember on a ship or aircraft
• Work as foreign press, in radio, film, print journalism, or other information media
• Permanent residence in the United States
• Birth tourism (travel for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child).

For more details on Nonimmigrant Visas see B-1 And B-2 Nonimmigrant Visas For Short Stays In The U.S.

Immigrant Visas

A U.S. Immigrant Visa allows foreign nationals to live and work permanently in the U.S.  Key pathways include family-based, employment-based, Diversity Visa (DV) Lottery, and special immigrant visas, each with specific forms and steps

The visa typically requires sponsorship by a U.S. citizen, permanent resident, or employer who files a petition with USCIS, followed by National Visa Center (NVC) processing, DS-260 application, an interview at a U.S. Embassy/Consulate and finally, becoming a Green Card holder at a U.S. port of entry.

For more details on the main family and employment based immigrant visas see How To Obtain A US Immigrant Visa Or Green Card