USA Visa Programs

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted on B1 Visitor Visa and B2 Visitor Visa

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

• Tourism
• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

The Electronic System for Travel Authorization (ESTA) is an automated system used to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP) and whether such travel poses any law enforcement or security risk.

ESTA approval authorizes a traveler to board a carrier for travel to the United States under the VWP. Private carriers must be a signatory visa waiver program carrier. See list of Signatory Carriers. CBP recommends that you apply for ESTA at the time you book your travel, but no less than 72 hours prior to boarding.

ESTA is not a visa. It does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required. Travelers that possess a valid U.S. visa may travel to the United States on that visa for the purpose it was issued. Travelers traveling on valid visas are not required to apply for an ESTA. In the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States.

ESTA became mandatory January 12, 2009. VWP applicants are required to complete a blue Customs declaration upon arrival in the U.S. whether or not they have an ESTA authorization. VWP travelers are no longer required to complete the green I-94W card.

Approved ESTA applications are valid for a period of two years, or until the passport expires, whichever comes first, and multiple trips to the United States without the traveler having to re-apply for another ESTA. When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time – and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits.

Travelers whose ESTA applications are approved, but whose passports will expire in less than two years, will receive an ESTA valid until the passport’s expiration date.

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

To qualify for an E-3 visa, you must demonstrate, among other things, that you:

• Are a national of Australia
• Have a legitimate offer of employment in the United States
• Possess the necessary academic or other qualifying credentials
• Will fill a position that qualifies as a specialty occupation

An E-3 nonimmigrant worker’s spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification. Children of E-3 workers may not be employed in the United States.

Spouses of E-3 workers in valid E-3 or E-3S status are considered employment authorized incident to status.

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