B1/B2 Visitor’s Visa & ESTA Visa Waiver

The B-1 or B-2 Visitor’s Visa is a non-immigrant visa for foreign citizens desiring to enter the United States temporarily for business (B-1 Business Travel Visa) or for pleasure or medical treatment (B-2 Tourist Visa). Individuals planning to travel to the U.S. for a different purpose such as students, temporary workers, crewmen, journalists, etc., must apply for a different visa in the appropriate category. Travelers from certain eligible countries may also be able to visit the U.S. without a visa on the ESTA Visa Waiver Program (See below for a list of visa waiver countries).

APPLYING FOR THE VISITOR’S VISA
Applicants for the B-1 Business or B-2 Tourist Visa have the burden of showing that they qualify for such visa. The presumption is that every visitor visa applicant is an intending immigrant. Therefore, applicants for B-1 business or B-2 tourist visas must satisfy the visa officer the temporary nature of their trip by demonstrating that:

1. The purpose of their trip is to enter the U.S. for business, investment, pleasure, or medical treatment;
2. The visitor plans to remain for a specific, temporary period of time; and
3. The visitor has a residence outside the U.S., as well as, other strong economic, financial, social, and family ties to the individual’s home country, which will insure his or her return abroad at the end of the visit.

Applicants for B-1 business or B-2 tourist visa should generally apply at the U.S. Embassy or U.S. Consulate in the applicant’s country of citizenship or residence. Although visa applicants may apply at any U.S. Embassy abroad, it may be more difficult to qualify for the B-1 or B-2 visa outside the country of residence.

Applicants for the B-1 or B-2 visa must pay a nonrefundable visa application fee, plus any reciprocity fee applicable to the applicant’s country and submit:

1. Form DS-160, Non-immigrant Visa Application;
2. A passport valid for travel to the United States and with a validity date at least 6 months beyond the applicant’s intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must complete a separate DS-160 application;
3. Two (2) photographs, 2 inches square (50×50 mm) for each applicant, showing full face, without head covering, without glasses, against a light background.

IMPORTANT: Please note that each U.S. Embassy and U.S. Consulate has different visa application procedures and requirements. You should contact the Consulate or an immigration attorney for information regarding the local rules.

OTHER SUPPORT DOCUMENTS
Applicants must present evidence, which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip. It is impossible to specify the exact form the evidence should take since applicant’s circumstances vary greatly.

Individuals traveling to the U.S. on business can present a letter from the U.S. company indicating the purpose of the trip, the visa applicant’s intended length of stay and the company’s intent to pay for travel expenses.

Persons traveling to the U.S. as tourists may use letters from relatives or friends in the U.S. whom the visa applicant plans to visit or present documents showing participation in a planned tour.

Persons traveling to the U.S. for medical treatment should have a statement from a physician (medical doctor) or institution concerning proposed medical treatment.

ADDITIONAL INFORMATION
A person whose passport contains a previously issued B1/B2 visitor’s visa may qualify for special expedited procedures available at most U.S. embassies or consulates for issuance of a new B-1 or B-2 visa.

Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid B-1 or B-2 visa in an expired passport, he or she may use it along with a new valid passport for travel and admission to the United States. Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

If the visa officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again, if there is new evidence to overcome the basis for the refusal. In the absence of new evidence, consular officers are not obliged to reconsider such cases.

ARRIVAL IN THE UNITED STATES
Applicants should be aware that a visa does not guarantee entry into the United States. At the Port of Entry (POE), a border customs (CBP) officer must authorize the traveler’s admission to the United States. The CBP officer has authority to deny admission. Also, the CBP officer will determine how long the person is permitted to stay in the United States. If admitted, the traveler will be issued an online I-94 Arrival Record, which notes the length of stay permitted. Those visitors who wish to stay beyond the time indicated on their I-94 record must apply for an extension of stay with the U.S. Citizenship and Immigration Services (USCIS) inside the United States. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

VISA WAIVER PROGRAM
Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa. Currently, 41 countries participate in the Visa Waiver Program (VWP), including:

Eligible nationals of these countries are able to travel without a visa for pleasure and business travel of 90 days or less provided they possess an e-passport and an approved authorization through the U.S. Electronic System for Travel Authorization (ESTA).

The U.S. Department of Homeland Security (DHS) began accepting Electronic System for Travel Authorization (ESTA) applications on August 1, 2008. ESTA is an automated system used to determine the eligibility of visitors to travel to the U.S. under the VWP. It collects the same information as the paper I-94W form that VWP travelers complete en route to the United States.

ESTA applications may be submitted at any time prior to travel. An ESTA authorization generally will be valid for up to two years. Authorizations will be valid for multiple entries into the United States. DHS recommends that ESTA applications be submitted as soon as an applicant begins making travel plans.

Visitors entering on the Visa Waiver Program cannot work or study while in the U.S. and cannot stay longer than 90 days or change their visa status to another category.

For consultation with an Immigration Lawyer, please CALL US at (626) 642-8066 or Complete the our Contact Form. An attorney in our office would be happy to assist you.

The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.