Who Needs a Visa

This is general information, not legal advice. Visa rules change, and eligibility depends on individual circumstances.

Applying for an American visa to participate in an IJAS Conference

The B visa is a nonimmigrant visa for persons seeking to enter the United States temporarily for business (B-1) or pleasure (B-2). A visa allows you to travel to a U.S. port of entry and apply for admission; it does not guarantee entry. Customs and Border Protection decides admission and the length of stay.

B-1 visitors for “business”

The B-1 visa permits persons to come to the United States for short-term, temporary professional activities related to their employment or business abroad. Examples include consulting with business associates, participating in scientific, educational, professional, or business conferences, conventions, or seminars, negotiating contracts, lecturing or speaking (when not employed by a U.S. institution), short-term training, and independent research that does not benefit a U.S. institution. Gainful employment for a U.S. employer is not allowed.

B-1 visitors are admitted for the period needed to complete the purpose of the trip, as determined by the officer at entry. To show eligibility for B-1 status, or for WB status under the Visa Waiver Program, the traveler should be prepared to show the purpose of the trip (for example, a conference letter of acceptance or invitation), intent to depart (such as a round-trip ticket), and the source and amount of funding, along with ties to a residence abroad.

B-2 visitors for “pleasure”

The B-2 visa permits persons to come to the United States for tourism and other activities of a recreational character, including visiting family or friends. Cohabitating partners and extended family members (for example, elderly parents) who are not eligible for derivative status on another visa (such as H-4, F-2, or J-2) may qualify for a B-2 visa.

B-2 visitors are often admitted for up to six months, even if the planned stay is shorter, but the period is set by the officer at entry and is not guaranteed. To show eligibility for B-2 status, or for WT status under the Visa Waiver Program, the applicant should be prepared to describe a “what, when, and where” itinerary and to show funding, return transportation, a residence abroad, and other ties to the home country. A letter from a friend or relative can help if the trip is a personal visit, but it is supporting evidence, not a legal requirement. A conference organizer is not a substitute for a personal host on a pleasure trip; conference attendance itself is a business purpose normally covered by B-1 or WB, supported by the conference acceptance or invitation.

Requirements

Applicants must meet specific requirements under U.S. immigration law. The consular officer decides whether a visa will be issued. U.S. law presumes that every visitor-visa applicant is an intending immigrant until the applicant shows otherwise. Applicants must overcome that presumption by demonstrating:

• That the purpose of their trip is to enter the United States temporarily for business or pleasure;

• That they plan to remain for a specific, limited period;

• Evidence of funds to cover expenses in the United States;

• That they have a residence outside the United States as well as other binding ties that will ensure their departure from the United States at the end of the visit.

Applicants should generally apply at the U.S. embassy or consulate in the country where they live, and well before the travel date. The first step is Form DS-160, the Online Nonimmigrant Visa Application. After submitting it, print the confirmation page and bring it to the interview. Pay the nonrefundable visa application fee if it is required before the interview, then schedule an interview at the embassy or consulate where you will apply. Scheduling, fee payment, and post-specific instructions are on that post’s website and on travel.state.gov. Interview wait times vary, so apply early. Wait times and processing times are posted on travel.state.gov and on most embassy and consulate sites. An ink-free digital fingerprint scan is taken during the process. Some applications require further administrative processing after the interview. Documentation and fee details are on travel.state.gov.

Unless canceled or revoked, a visa is valid until its expiration date. If the passport expires, you may still use a valid visa together with a new valid passport of the same nationality and the same biographic data. Do not remove the visa page; carry both passports.

Visa Waiver Program

The Visa Waiver Program (VWP) lets most citizens or nationals of participating countries travel to the United States for business or tourism for 90 days or less without a B-1 or B-2 visa, if they meet all program rules. Business travelers are admitted in WB status (equivalent to B-1); pleasure travelers are admitted in WT status (equivalent to B-2).

VWP travelers must obtain an approved travel authorization through the Department of Homeland Security’s Electronic System for Travel Authorization (ESTA) before boarding a carrier to the United States. DHS recommends applying at least 72 hours before travel. An approved ESTA is generally valid for two years, or until the passport expires, whichever comes first, and can cover multiple trips. It is permission to travel to a port of entry, not a grant of admission. Citizens of Brunei currently receive a shorter maximum ESTA validity. Apply only through the official CBP ESTA site.

VWP travelers must also have an electronic passport (e-passport) and a return or onward ticket to a destination outside the United States other than a trip solely to Canada, Mexico, or adjacent islands, unless they are residents of those places. Entry at a land border from Canada or Mexico is possible if other VWP rules, including ESTA, are met.

Citizens of VWP countries are generally not eligible to use the program if they have traveled to or been present in the Democratic People’s Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (limited exceptions apply), or if they are also nationals of certain of those countries. Those travelers usually need a visa.

Participating countries currently include Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, San Marino, Singapore, Slovakia, Slovenia, South Korea (Republic of Korea), Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. “United Kingdom” means British citizens who have the unrestricted right of permanent abode in the United Kingdom. Taiwan eligibility is limited to people with the unrestricted right of permanent abode in Taiwan who hold the required electronic passport with a national identification number. The list can change; confirm it on travel.state.gov or dhs.gov before travel.

Visitors admitted under the VWP may stay up to 90 days. They cannot apply for an extension of stay or a change of status. To obtain another nonimmigrant classification, they must leave the United States and apply for the appropriate visa abroad.