Visitors Students Intra-company transfers Skilled & unskilled new-hires Traders & investors People with extraordinary abilities Journalists Trainees and exchange visitors Maintaining Permanent Resident Status Consular Processing Inadmissibility Waivers Diversity Visa Program ("DV Lottery") E-3 Visa (Treaty Aliens)

Further information about visitors:

Visa Waiver Program: This programme started out as the “visa waiver pilot program” in 1986 and was made permanent in 2000. Citizens of a number of countries (see below) may use the programme to enter the US as a business or tourist visitor for up to 90 days, without needing to obtain a visa beforehand.

To use the Visa Waiver Program you must be a citizen of a participating country (see list below). Being a “permanent resident” of one of these countries is not sufficient. You must also be travelling on a scheduled flight or ship (if arriving on a private jet or ship you will need a B-1/B-2 visa) and must have a return ticket. You should also be able to demonstrate that you have the financial resources to support yourself during your stay in the US. Please note that if you intend travelling under the visa waiver program your passport must be valid for at least 90 days from the date on which you plan to enter the US. If it isn’t you will only be given permission to stay in the US until the date your passport expires (if you are a citizen of Andorra, Brunei, or San Marino, your passport must be valid for at least six months from the date of your intended departure from the US).

Upon arrival in the US, you will need to present a completed I-94W card to the Immigration Officer (these are usually handed out by airline staff at check-in or on the plane). Note that, on this form, applicants indicate that they waive the right to a hearing in the event they are refused entry or deported and that they understand that extensions or changes of status cannot be applied for in the US. Therefore, if the purpose of your visit to the US is to investigate employment or education opportunities, an application for a B-1/B-2 visa is likely to be advisable.

Warning – You may not travel to the US on the Visa Waiver program if you have previously been denied entry into the US or if you have been deported or removed from the US. Also note that, if you have had a prior criminal conviction (no matter how many years ago) you will be considered ineligible for admission and will need to obtain a B-1/B-2 or other appropriate visa. The application for this visa will involve a waiver of inadmissibility.

It is anticipated that, from October 2004, citizens of all participating countries will be required to have a “machine readable” passport in order to enter the US under the Visa Waiver Program. Those without such a passport will be required to obtain a visa.


Countries participating in the visa waiver programme:

Andorra* Australia Austria Belgium* Brunei* Denmark Finland France Germany

Iceland Ireland Italy Japan Liechtenstein* Luxembourg* Monaco Netherlands New Zealand

Norway Portugal San Marino Singapore Slovenia* Spain Sweden Switzerland United Kingdom**

* Nationals of these countries must have a machine-readable passport in order to be admitted under the visa waiver programme. If they do not have such a passport they must apply for a B-1/B-2 Visa

** For full British citizens only - a passport indicating that the holder is a British Subject, British Dependent Territories Citizen, British Overseas Citizen, British National (Overseas) Citizen, or British Protected Person does not enable the holder for travel without a visa.

B-1/B-2 visas: B-1 visas (for business purposes) and B-2 visas (for tourists and social visitors) are usually issued as a combined “B-1/B-2 visa”. These can be issued for periods up to ten years and permit entry for up to six months per trip. Many visitors can make use of the visa waiver program and may choose not to obtain a visa at all before travelling, however, there are many situations where obtaining a B-1/B-2 is advisable, or even essential. Two immediate advantages of the B-1/B-2 visa category over the Visa Waiver Program are that it allows for people to file for extensions of their visitor status beyond the maximum six months granted on arrival (from within the US) and that, in certain circumstances it may be possible to switch or adjust status from visitor to some other form of status, such as student. The extension process is complex and professional advice should be obtained before attempting to file an in-country extension.

B -1 visas: The B-1 (business visa) allows foreign nationals to travel to the United States to engage in business discussions, meetings, negotiations, litigation, participation in scientific, educational professional or business conventions etc. A person may attend meetings to serve as a Director on the board of a US corporation and similar business but not “work” related activities. Generally, an individual entering the United States with a B-1 visa must not be going to work in the United States and must continue to be employed abroad. Professional athletes who are not receiving salaries but only potential prize monies may enter in this category to compete in competitions. Nannies and domestic workers accompanying their foreign employers may enter the US and work for their foreign employer during the trip if they hold a B-1 visa. The B-1 visa allows entry into the US for periods of up to six months at a single time. Post September 11th it has become common for Immigration Officers to only grant permission to stay in the US for a shorter time sufficient for the required purpose of the trip, for example two weeks for a one week conference etc. Having a B-1 visa does not guarantee entry into the US. It is good practice for employees to carry a letter from their employer explaining the nature of the company’s business and the purpose of the proposed business trip

B-2 visas: The B-2 visa is for tourists and social visitors and usually allows entry into the US for periods of up to six months at a single time. Having a B-2 visa does not guarantee entry into the US. Visitors in this category must satisfy the Immigration Officer that they intend to depart the US at the end of their visit and a return ticket is a prerequisite. Visitors should also carry evidence of sufficient funds to support themselves during the visit.