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US Visitor Visa Guide: Business, Pleasure, Tourist, Medical Treatment

Overview
Visa Waiver Program
Qualifying for a Visitor Visa
Applying for a Visitor Visa
Required Documentation
What are the Required Visa Fees?
Additional Documentation
Do I need a visa if I have an APEC Business Travelers Card?
How can I use my ABTC when I apply for my visa?
Documentation Needed When Seeking to Travel for Medical Treatment
Misrepresentation of a Material Facts, or Fraud
Visa Ineligibility/Waiver
Additional Information
Visa Denials
Entering the U.S. - Port of Entry
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
How Do I Extend My Stay?
Further Visa Inquiries


 

Overview


Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The visa allows a foreign citizen, to travel to the United States port-of entry and request permission of the U.S. immigration inspector to enter the U.S.


The "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1), for pleasure or medical treatment (B-2), or combination of both (B-1/B-2) purposes. While in the US, the visa holder may travel freely between US States and continue to remain in the country for the duration of the visa validity. The visa holder must legally depart the US prior to the B1/B2 visa expiring. A an example of a B1/B2 visa is shown at the right. Note: Keep track of the I-94 that is filled out prior to entering the US and placed in your passport. You must retain this during your stay and return (the I-94) to the designated location (at the airport, border crossing, etc.) upon leaving the US.



Pleasure, Tourism, Medical Treatment - Visitor Visas (B-2) - As examples, if the purpose of your planned travel is recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, activities of a fraternal, social, or service nature, and participation by amateurs, who will receive no remuneration, in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for your travel. If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational (and not for credit towards a degree), and the course is less than 18 hours per week, this is permitted on a visitor visa. As an example, if you are taking a vacation to the U.S., and during this vacation you would like to take a two-day cooking class for your enjoyment, and there is no credit earned, then this would be permitted on a visitor visa. A consular officer will determine the visa category you will need based on the purpose of your travel, and your supporting documentation.


For more information regarding travel and tourism in the United States please visit the Tourist Visa Forum.


Persons 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. If you are taking a course of study which is 18 hours or more a week, you will need a student visa.  When traveling to the U.S. to attend seminars or conferences for credit towards a degree, then you’ll need a student visa.


Note: Representatives of the foreign press, radio, film, journalists or other information media, engaging in that vocation while in the U.S., require a nonimmigrant Media (I) visa and cannot travel to the U.S. using a visitor visa and cannot travel on the visa waiver program, seeking admission by the DHS immigration inspector, at the U.S. at the port of entry.


Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel. After reviewing this website information, should you need additional information about business related (B-1) visitor visas; select Business Travel to the United States – What Type of U.S. Visa Will You Need.


Personal or Domestic Employees: Under immigration law, visitor visas are limited to the following circumstances, for personal or domestic employee purposes of travel to the U.S. A visitor (B-1) visa is appropriate when all eligibility requirements are met, for a personal or domestic employee who accompanies or follow to join: 1) A U.S. citizen employer having a permanent home or is stationed in a foreign country, who is visiting or is assigned to the United States temporarily; OR 2) A foreign citizen employer in the United States in B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant visa status.


Important Notice: Recent changes to U.S. law relate to the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws. As a personal or domestic employee seeking to come to the U.S. temporarily (on a B-1 Visitor Visa), before your interview, it is important that you review the Nonimmigrant Rights, Protections and Resources pamphlet on this webpage.


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 if they meet the visa waiver program requirements. Select Visa Waiver Program to learn more, and find out if you meet the visa waiver requirements.


Currently, 35 countries participate in the Visa Waiver Program, as shown below:



Visa Waiver Program - Participating Countries 


Andorra Iceland Norway
Australia Ireland Portugal
Austria Italy San Marino
Belgium Japan Singapore
Brunei Latvia Slovakia
Czech Republic Liechtenstein Slovenia
Denmark Lithuania South Korea
Estonia Luxembourg Spain
Finland Malta Sweden
France Monaco Switzerland
Germany the Netherlands United Kingdom
Hungary New Zealand  

 


Qualifying for a Visitor Visa


There are specific requirements which must be met by applicants to qualify for a visitor visa under provisions of the Immigration and Nationality Act. The consular officer at the embassy or consulate will determine whether you qualify for the visa.


The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:



Applying for a Visitor Visa


Applicants for visitor visas should generally apply the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.


As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on the internet at Visa Wait Times , and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.


During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.


Required Documentation


Each applicant for a visitor visa must submit these forms and documentation as explained below:



What are the Required Visa Fees?



Additional Documentation


It is important that you refer to the Embassy Consular Section web site to determine visa processing timeframes and instructions, learn about interview scheduling, and find out if there are any additional documentation items required. Learn more by contacting the U.S. Embassy or Consulate.


Applicants must demonstrate that they are properly classifiable as visitors under U.S. law by:



Do I need a visa if I have an APEC Business Travelers Card?


Yes, you will still need a visa to travel to the United States unless you qualify for the Visa Waiver Program. Travelers are advised that possession of the APEC Business Travelers Card (ABTC) will not change visa requirements, your visa status, or the visa process for travel to the U.S.


How can I use my ABTC when I apply for my visa?


You will still need to be interviewed, since U.S. law requires visa interviews in most cases and having the Asian-Pacific Economic Cooperation (APEC) Business Travelers Card (ABTC) does not exempt travelers from this requirement. Holders of the ABTC will be eligible to participate in the U.S. Embassy or Consulate business facilitation programs, which offer expedited visa interview appointments. Check the U.S. Embassy or Consulate website where you will apply for instructions on how to request an expedited interview appointment.


Documentation Needed - When Seeking to Travel for Medical Treatment


In addition to all of the documentation requirements explained above, the following documentation is also required, for persons seeking medical treatment in the U.S.:


Persons desiring to travel to the U.S. for medical treatment should be prepared to present the following, in addition to any other documentation the consular officer may require:



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


Misrepresentation of a Material Facts, or Fraud


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. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities.


Visa Ineligibility/Waiver


Certain activities can make you ineligible for a U.S. visa. The Nonimmigrant Visa Application, Form DS-156 lists categories persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a visitor, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities, by reviewing sections of the law taken from the immigration and Nationality Act.


Additional Information



Visa Denials


If the consular 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. For additional information, select Denials to learn more. In the absence of new evidence, consular officers are not obliged to re-examine such cases.


Entering the U.S. - Port of Entry


A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the National Security Exit Entry Registration System (NSEERS), also referred to as Special Registration program.


Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status



How Do I Extend My Stay?


Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Department of Homeland Security’s Bureau of Citizenship and Immigration Services to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the Bureau of Citizenship and Immigration Services. Learn more about Extension of Stay. To visit the Department of Homeland Security’s, Bureau of Citizenship and Immigration Services internet site to find out more detailed information, select How Do I Extend My Stay in the United States?


Further Visa Inquiries