Requirements To Visit the U.S.

If a person wants to visit the United States temporarily, U.S. immigration law considers them to be a non-immigrant visitor. Visitor visas for nonimmigrants are generally for people who want to come into the country for business, tourism, or a combination of the two. The types of foreign visitors who can qualify for temporary entry include:

• Tourism
• Business
• Studies
• Medical treatment

Applying to visit the U.S. temporarily can be expensive and take a lot of time. Even after planning an extensive trip or business visit, it can be frustrating to have your visa denied at the last minute. If you have questions about getting your visitor visa approved, talk to an experienced immigration lawyer about your case.

Visitor Visas to the United States

Not everyone who comes to the U.S. wants to immigrate or become a permanent resident. However, even short-term visitors from many foreign countries have to get a visa to enter the U.S. legally through a port of entry.

There are a number of countries that are eligible for a visa waiver under the Visa Waiver Program (VWP), for visa-free visits for up to 90 days. The approximately 40 VWP participating countries include much of Europe, Chile, Japan, Taiwan, and Australia. To qualify, these countries have to have a reciprocal visa waiver for U.S. nationals and ensure certain safety criteria. Visitors from these countries simply need to fill out a form through an electronic system for travel authorization (ESTA) in the days before their trip.

Much of the rest of the world requires a visa to enter the U.S. It is very important to verify if you need a U.S. non-immigrant visa to enter before planning a trip. Going through the visa process can take time and there is no guarantee that it will get approved. Countries like Yemen, Iran, Sudan, and Syria have very high visitor visa refusal rates.

For more information, visit the U.S. Department of State Visa Waiver Program and Department of Homeland Security (DHS) websites. You can also contact the nearest U.S. embassy in your home country for visa information.

Business Visas (B-1)

Business visas are for visitors who want to travel for business but not be employed in the U.S. This could include negotiating a contract, settling a property purchase, consulting with business associates, or attending a conference or convention.

Tourism Visas (B-2)

Many visitors come to the U.S. for tourism. International tourism can include visiting major tourist attractions, vacationing on the beach, or visiting family members. Medical tourism is also considered tourism. However, visitor visas are not provided when the main purpose of medical care is for a non-U.S. citizen to give birth in the U.S. to get citizenship for the child. 

Tourists can participate in short recreational studies, but not in education, which counts towards a degree.

Requirements To Travel to the United States

Once you have your visa, the U.S. Customs and Border Protection (CBP) officers must still allow you to enter at a port of entry. A port of entry could include international airports, seaports, or road border crossings. When entering the U.S., the visitor must confirm the following:

• The purpose of the visit must be temporary
• Present a valid passport
• Prove that their permanent address is abroad
• Prove financial ability to pay for the trip, stay, and return home
• Not have a notice of inadmissibility on their record or have a waiver for any ground of inadmissibility
• Abide by the terms and conditions of your admission
• Agree to leave the country at the end of the authorized stay, or by the date on an approved extension

In some situations, there are additional entry and travel requirements. For example, during the coronavirus pandemic (COVID-19), the Centers for Disease Control and Prevention (CDC) required proof of a negative COVID-19 test result and proof of COVID-19 vaccination to protect public health.

At other times, there have been international travel restrictions prohibiting entry to passengers from Brazil or the United Kingdom. You can check the CDC website for any vaccination requirements to enter the U.S.

For air travel, the airline will generally verify that you have the necessary travel documents before you board. If you travel by land, crossing the border of Mexico or Canada, you must ensure that you have the proper travel authorization and documents, or you could be turned away at the border.

Most foreign visitors need a Form I-94 to enter the U.S., with the exception of most Canadian citizens and alien residents or aliens with immigrant visas.

How To Apply for a Nonimmigrant Visa for the United States

Apply for non-immigrant visas in the visitor’s country of origin, at the nearest U.S. embassy or consular office. The most common types of visitor visas are:

• A-1 diplomatic staff
• B-1 for business
• B-2 tourism
• F-1 students
• H temporary workers

Foreign nationals can apply for different types of visas, but they must choose one visa status upon entry to the country.

Can I Change My Status From One Type of Nonimmigrant Visa to Another?

Yes, you can change your visitor status. If you were lawfully admitted to the United States on a non-immigrant visa and want to change the purpose of your visit, you can submit a visa application to change your status without leaving the country. To qualify, you need to meet the following requirements:

• Have been lawfully admitted to the U.S.
• Your non-immigrant status is still valid
• You have not violated the conditions of your visitor status
• You have not committed any crimes that would make you ineligible for the new status

In some cases, you do not need to change your status. For example, if you are in the U.S. on a B-1 business visa, you can engage in tourism activities as long as you comply with the terms of your B-1 visa and do not overstay your authorized period of stay.

To request a change in status, submit your I-539 Application To Extend/Change Nonimmigrant Status to the U.S. Citizenship and Immigration Services (USCIS) online or by mail before the expiration of your I-94.

Who Can’t Change Status Within the USA?

Not all non-immigrant visa categories have eligibility for a status change. If you entered the country on one of the following non-immigrant visas, you would have to leave the country and apply for a new non-immigrant visa in your home country:

• C visa in transit through the U.S.
• Transit without a visa (TWOV)
• D visa crew member
• K visa for fiancé or dependent of fiancé
• Visa Waiver Program (VWP)
• S visa for informants on terrorism or organized crime

If you entered the U.S. with the following visas, you have additional limitations or visa requirements to be able to change your status within the country:

• J-1 exchange visitors (subject to the two-year stay rule in your country)
• M-1 vocational students

The U.S. government can change visitation requirements at any time. For further information about visiting the U.S. or how to change your status, talk to an immigration attorney. An immigration lawyer can explain your options to visit, study, or work in the U.S. 

For legal advice about types of U.S. nonimmigrant visas and entry requirements, contact a local immigration attorney.