Generally, a citizen of a foreign country who wishes to enter the United States needs a visa, either a nonimmigrant visa for temporary stays or an immigrant visa for permanent residence.

The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the US for tourism or business for stays of 90 days or less without a visa. The B visitor visa is required for citizens of countries that aren't included in the VWP or for those who wish to stay in the US for more than 90 days when traveling to the US for tourism or business.

Participation in Visa Waiver Program

Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. Currently, 35 countries participate in the Visa Waiver Program.

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

Electronic System for Travel Authorization

All travelers under the VWP must pre-register with the Electronic System for Travel Authorization (ESTA) before entering the US. ESTA is a free, automated system used to determine the eligibility of visitors to travel to the US under the VWP. Individuals from non-visa-waiver countries can't use the ESTA service. These visitors need B visas.

VWP Eligibility

Generally, nationals of the 35 participating countries may use VWP if:

  • They have received an authorization to travel under the VWP through the ESTA
  • They present the appropriate type of passport valid for six months past their expected stay in the US
  • The length of their stay in the US is 90 days or less for tourism or business travel
  • If arriving by air or sea, they are traveling on an approved carrier and have a return trip ticket to any foreign destination
  • They can show the intent to stay 90 days or less in the US and enough funds to support themselves while in the US

B Visa versus VWP

A major advantage of a B visa over the VWP is that individuals who enter the US with a B visa are eligible to change status. Individuals who enter the US under the VWP aren't eligible to change status.

Visa-waiver-eligible travelers may apply for a B visa if they prefer, but one isn't required for stays up to 90 days.

B Visas

The B visitor visa is a nonimmigrant visa for persons desiring to enter the US temporarily for business (B-1), or temporarily for pleasure or medical treatment (B-2). Persons planning to travel to the US for a different purpose such as students, temporary workers, crewmen, journalists and so forth must apply for a different visa in the appropriate category.

Qualifying for a B Visa

Applicants for B visitor visas must show that:

  • The purpose of their trip is to enter the US for business, pleasure or medical treatment
  • They plan to remain for a specific, limited period
  • They have funds to cover expenses in the US
  • They have compelling social and economic ties abroad
  • They have a residence outside the US as well as other binding ties that will insure their return abroad at the end of the visit

Machine-Readable Passport

Any person traveling on the VWP must present a machine-readable passport. A person from a visa waiver country having a non-machine readable passport must apply for a B visitor visa in advance. Passports, regardless of the type, must be valid for six months past the expected stay in the US unless country-specific agreements provide exemptions.

A machine-readable passport has certain biographical data entered on the data page in accordance with standards set by the International Civil Aviation Organization (ICAO). These standards address issues such as the size of the passport and photograph, arrangement of data fields and the two lines of printed machine-readable data that appear at the bottom of the page. Machine-readable passports can be read by scanning the two lines of printed data through special readers.

Families seeking to enter the US under the VWP need to obtain an individual machine-readable passport for each traveler, including infants. A machine-readable passport typically has biographic data for only one traveler in the machine-readable zone.

Questions for Your Attorney

  • How can I find out if I am eligible for the Visa Waiver Program?
  • When is it preferable to get a B visa instead of traveling to the US under the Visa Waiver Program?
  • Can an extension past the 90-day limit be granted under the Visa Waiver Program, and can I apply for a visa while in the US on a VWP visit?