ESTA Visa Waiver Programme and U.S. Visitor Visa

22 Aug 11:30

Difference between ESTA and Visa

ESTA is a “Electronic System for Travel Authorization” for travellers to the United States for sightseeing or short-term business within 90 days. On the other hand, a visa is a “permit” that allows for long-term residence in the United States for business, as an exchange student, or as an employee. However, even if their stay is less than 90 days, anybody visiting the United States as an exchange student or worker must get a visa.

If you are considering travel to the U.S.

Every traveler to the United States must get an ESTA or a visa. It is suggested that anyone coming to the United States for sightseeing or business apply for an ESTA. The United States Department of Homeland Security (DHS) began requiring passengers to apply for the Electronic System for Travel Authorization (ESTA) in January 2009. Foreign individuals visiting the United States for sightseeing or other purposes must complete the ESTA application procedure before to boarding their U.S.-bound flight or vessel. For visits of more exceeding 90 days, however, a visa is necessary. The visa system is designed for persons visiting the United States primarily for business or to attend education. When selecting whether to apply for a visa or an ESTA for travel to the United States, you must first determine the length of your stay and the purpose of your trip.

What is ESTA?

Cases in which applying for ESTA are appropriate when traveling to the U.S.

</tablecircumstances of routine sightseeing or short-term business travel to the United States can be regarded as circumstances in which applying for an ESTA before traveling to the United States is suitable. Also, because you must register for ESTA even if you are only staying for a few hours or transiting through the United States, make sure to apply for ESTA if traveling to a third nation via the United States. One requirement for applying for ESTA is to have a machine-readable passport with an IC chip. (At the moment, all Japanese passports have IC chips.) Also, when filing for an ESTA, your passport must be valid until the day you depart the United States, so double-check your passport’s expiration date and your intended length of trip. If you want to come to the United States for work, study, or permanent residence, you must apply for a visa rather than an ESTA. If you want to do any paid labor or job in the United States, even if you are just staying for 90 days, you will require a visa rather than an ESTA. If you intend to stay in the United States for an extended period of time, you need apply for a visa.

1. When visiting for sightseeing purposes
(for up to 90 days)
Individual travel, family travel, group travel, visiting friends’ or relatives’ homes, volunteer activities, unpaid participation in events or contests
2. When visiting on business
(for up to 90 days)
Participation in commercial conversations or negotiations, meetings, educational, scientific, or other specialized conferences or activities without compensation
3. When transiting in the U.S. to a third country
(including temporary transit or transfer)
When traveling from the United States to a third nation via an airport in the United States

TRAVELING TO THE UNITED STATES?


Do You Have U.S. ESTA VISA Travel Authorization? If You Have ESTA Application, Check if it is Still Valid!

Cases in which applying for a visa are appropriate when traveling to the U.S.

1. When you want to stay in the U.S. for more than 90 days If you want to stay in the United States for more than 90 days, you must apply for a visa (B2 visa).
2. When traveling to the U.S. for paid employment or long-term business purposes Even if you are just staying for 90 days, you must apply for a visa (B1 visa) if you are visiting the United States for work or business purposes.
3. When you plan to study in the U.S. You must have the specified visa if you want to study for 18 hours or more each week, regardless of how long you intend to stay in the United States.
4. When staying for a long period in connection with a specialized field, special skills, or an artistic field Those who want to stay in the United States for an extended period of time for reasons such as activities in specialist sectors such as education, science, history, or medicine, instruction in specific skills, or entertainment or sports should apply for the authorized visa.

There are several sorts of visas available based on the purpose of your visit to the United States, and the acquisition requirements and allowed stay lengths vary. Please apply for a visa that is appropriate for your trip goals, especially if you are studying abroad.

F-1 visa Accredited institutions and secondary schools in the United States, as well as certified language study in the United States.
M-1 visa In the United States, you can attend specialized schools and trade schools.
J-1 visa Visits for cultural exchange and study as exchange students at schools in the United States.
B-1 visa In the United States, I will do short-term business, conferences, and research.
B-2 visa In the United States, I went sightseeing and attended activities.

A B1 visa is necessary for people coming to the United States for short-term business, while a B2-visa is required for those staying for more than 90 days for sightseeing. B1-visa and B2-visa are generically known as “B-visas” and are considered the most general visa in the United States. B-visas are accessible for a wide range of purposes and are easily obtained provided there has been no severe fault or criminal record in the past. A visa is an authorization to enter the United States, but it does not ensure a stay in the country. The staying period would be set by an immigration officer at the time of admission into the United States, therefore it is not the visa expiry date=staying period. If you request an extension of your stay after the time limit, you can stay for up to 6 months longer.
When applying, a specific justification must be provided, and it is not authorized if deemed doubtful. If the goal of the extension application is long-term sightseeing, overstay may be mentioned.Follow the visa expiry date and demonstrate intent to return home, as well as make reasonable arrangements.

For further information about the B1B2-visa

The Visa Waiver Program and U.S. Immigration and Naturalization Act

According to Article 214 (b) of the United States Immigration and Naturalization Act, every alien present in the United States or undergoing immigration screening is presumed to be an immigrant until he or she establishes to the satisfaction of consular or immigration officers that he or she is entitled to nonimmigrant status. This means that by definition, all persons of foreign nationality who enter the United States intend to immigrate to the country. In light of this criteria, the United States has implemented the Visa Waiver Program (VWP), which allows nationals of specified nations to enter the United States without a visa provided certain conditions are met. Since January 2009, acquiring an ESTA has been one of the requirements for utilizing the VWP. Applying for and receiving an ESTA allows for easy entrance into the United States. ESTA is different from a visa in that it is a system of authorisation to travel to the United States. Even babies who do not require air travel must obtain ESTA while visiting the United States, therefore remember to apply for ESTA for any newborns traveling with you.

Cases ineligible to use the VWP

The Visa Waiver Program (VWP) is not available to everyone in the world. Please be aware that those who fit the following categories may not be able to utilize the VWP:

  • Those who have committed significant offenses or have a criminal record in another country
  • Those suffering from or being treated for certain infectious illnesses as defined by the US government
  • Those who have previously been deported from the United States
  • Those who have previously overstayed their visas in the United States
  • Those who have dual citizenship in Iran, Iraq, Libya, Syria, Sudan, or North Korea
  • Those who have entered or gone to Iran, Iraq, Libya, Syria, Sudan, or North Korea after March 1, 2011 (Travel may be allowed in some situations after screening and an interview at a US consulate.)

Individuals who fit any of the following categories are not eligible to use the Visa Waiver Program (VWP) or the ESTA to travel to the United States. Because such applicants are likely to be denied, they should consider applying for a visa to visit the United States instead of utilizing ESTA.

ESTA and visa expiration dates

The ESTA is valid for two years from the day it was granted. ESTA, unlike a passport, does not have a renewal scheme. If your ESTA has expired by the time you return to the United States, you must reapply. Check out “ESTA re-application and expiration date” for additional information on ESTA expiration dates and re-applications.
In contrast, a visa is good for ten years. While the visa remains valid even if your passport expires during this 10-year term, you will be required to show both old and new passports at immigration upon admission to the United States.
Contact a US embassy or consulate for further information about visas.

The number of times you may enter the U.S.

There is no limit to the number of times you can enter the United States with either an ESTA or a visa. However, if you rejoin the United States via ESTA soon after remaining for over 90 days, you may expect to be thoroughly questioned by an immigration officer about the purpose of your visit. In such a circumstance, you will need to establish a good cause for visiting the United States, so be sure to prepare specific paperwork indicating where you will stay, the length of your trip, and the date you want to return to your home country. If you are denied admission using ESTA, the denial will be recorded, and you may be subject to harsher screening in the future if you go to the US using ESTA. In general, persons who want to visit the United States regularly and remain for more than 180 days during the year should apply for a visa rather than an ESTA.

Be careful not to overstay your period of stay

Overstaying is defined as remaining in the United States illegally after your allotted period of stay has expired. Overstaying is strictly prohibited in the United States, and even inadvertent infractions may result in fines or penalties. Those wishing to remain for nearly 90 days (the maximum allowed under ESTA) should arrange their trips carefully, as spending even one day over the 90-day restriction is considered overstaying. Overstaying even once is a violation of the Immigration and Naturalization Act, which may result in not only being barred from entering the United States for a period of several years to ten years, but also, in certain situations, never being allowed to enter the country again. While there is little risk of overstaying when traveling to the United States using ESTA for a short period of time or on a tour organized by a travel agent, if visiting the United States for several months using ESTA or planning to stay for nearly half a year on a visa, take care not to overstay.

To avoid overstaying your period of stay

Overstaying a term of stay in the United States by 180 days or more but less than one year is penalized by a three-year ban on entering the country. Overstaying for one year or more is penalised by a ten-year ban on entering the United States. Overstays of fewer than 180 days are not fined, although a record of the overstay is preserved. Overstaying can result in limitations on travel not just to the United States, but also to other countries, so people who go overseas frequently must plan their travels carefully. Overstays have occurred in the past as a result of cancelled departure flights and unexpected strikes. While ESTA allows for easy admission into the United States and stays of 90 days or more, visitors are responsible for deciding when to depart the country. To prevent unanticipated obstacles, tourists should prepare to depart the United States at least one week before the conclusion of their periods of stay.

How to apply ESTA

When applying for an ESTA, you must have a valid passport and a credit card to pay the application cost. Enter the passport details for the ESTA application. When a guardian files for ESTA on behalf of his or her kid, the passport information must be the child’s. A credit card does not have to be identical to the applicant’s.

Permitted Period of Stay Without Visa

When traveling to the United States without a visa, an ESTA application is necessary. The maximum time of stay in the United States with an ESTA but no visa is 90 days. It is valid for two years from the date of purchase and allows for numerous travels to the United States during that time. ESTA is not required for visitors visiting the United States for business or work, and they must apply for a particular visa. ESTA is a mechanism created to pre-screen general visits to the United States, and it does not ensure entrance into the nation. The immigration officer at the arrival airport makes the ultimate decision on entrance into the nation, and someone who enters the United States frequently without a visa may be treated as if he or she desires to be a permanent resident. If you visit the United States frequently, even if you are just there for 90 days, you may need a visa.

TRAVELING TO THE UNITED STATES?


Do You Have U.S. ESTA VISA Travel Authorization? If You Have ESTA Application, Check if it is Still Valid!

Frequently Asked Questions on U.S. entry


What is the difference between ESTA and visa?

ESTA (Electronic mechanism for Travel Authorization) is a mechanism that allows visitors to the United States for fewer than 90 days of sightseeing and business. It is offered to nationals of VWP (Visa Waiver Program) nations approved by the US, and the application must be submitted online at least three days prior to departure date. Those who have gained “travel authorization” by applying for ESTA are exempt from obtaining a visa by meeting its conditions, such as purpose and stay time. On the other hand, a visa is a mandatory entrance permission for people who intend to study abroad, work, or remain in the United States for more than 90 days. When going to the United States, those listed below must get a visa rather than an ESTA.

  1. Applicants desire to stay in the United States for more than 90 days.
  2. Applicants desire to stay in the United States for fewer than 90 days, however the visit is for the purpose of working.
  3. The visit’s objective is to study abroad (over 18 hours of courses).
  4. Applicants want to remain for a long time because of their specialized field, exceptional skill, or artistic profession.

Visas are classified into several sorts based on their intended use, and the conditions of acquisition and available stay lengths varied. Even if your stay is shorter than 90 days, but you want to work in the United States, you must apply for an ESTA.

What kind of U.S. visas are there?

There are several types of non-immigrant visas available in the United States. Determine which one to get based on your visit’s aim and employment.

  1. Business visa (B-1 visa): For candidates who intend to stay in the United States for more than 90 days for business purposes.
  2. Tourist visa (B-2 visa): For applicants who intend to stay in the United States for more than 90 days as a tourist.
  3. Transit visa (C visa): For candidates entering the United States in order to transit to another country.
  4. Diplomat visa (E-1 visa): For government officials and their families visiting the United States on official business.
  5. Investor visa (E-2 visa): For investors who want to trade with the United States.
  6. Student visa (F visa): For those planning to study at a university or educational institution in the United States.
  7. The media visa (I visa) is intended for reporters, photographers, and journalists.
  8. International cultural exchange visitor visa (J visa): For international exchange program participants.
  9. Fiance visa (K-visa): For candidates who marry American citizens and want to live permanently in the United States.
  10. Intra-company transferee visa (L visa): For candidates who are being transferred to an associated firm in the United States.
  11. Temporary worker visa (M visa): For candidates who want to work briefly in the United States as experts who need particular and professional abilities.
  12. Work-training student visa (M-1 visa): Allows candidates to participate in work-related training at a U.S. educational institution.
  13. People with exceptional abilities visa type (O visa): For those who have demonstrated exceptional qualities or achievements in disciplines such as business, athletics, education, science, and the arts.
  14. Religious worker visa (R visa): For candidates who wish to engage in religious activities in the United States (for example, as an educator, preacher, or researcher).
  15. Entertainment through (P visa): For artists, persons in the entertainment industry, and sports going to the United States for a specific reason.

Details for variety of visas and how to apply, check ”Variety of U.S. visas (non-immigrant visa application)/how to apply

How to apply ESTA?

ESTA is only available online. When applying, you must have a valid passport, a credit card, and a send/receive e-mail address. Applicants’ details must be included into the ESTA application form. ESTA applications for minors must include the minor’s passport information rather than the guardian’s. The name on the credit card can differ from the applicant’s name, and this has no impact on the screening.

TRAVELING TO THE UNITED STATES?


Do You Have U.S. ESTA VISA Travel Authorization? If You Have ESTA Application, Check if it is Still Valid!