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How to obtain a tourist visa for the United States

How to obtain a tourist visa for the United States?​

Clients often ask me a simple question: “How can I obtain a U.S. visa?” There are dozens of types of U.S. visas, and the type of visa required depends on the foreign national’s intended activities in the United States.

In this article, we will briefly introduce the B visa for tourism and business, as well as the Visa Waiver Program (ESTA).

If you are considering long-term residency in the U.S., you may be interested in the Green Card, which grants permanent residency.

Visa waiver program – electronic system for travel authorization (ESTA)

What is the visa waiver program (ESTA)?

For citizens of certain countries who wish to travel to the United States without a visa, entry is possible through the Electronic System for Travel Authorization (ESTA).
 The U.S. Department of State maintains a list of countries whose citizens are eligible for the visa waiver program. This list is available here.

The primary goal of the E-2 visa is to promote economic investment and job creation in the U.S. To qualify, applicants must be citizens of a treaty country and invest in a bona fide enterprise. They must also hold at least 50% ownership in the business and demonstrate an intent to leave the U.S. after the visa expires. These conditions ensure that the E-2 visa is reserved for committed entrepreneurs who contribute to the U.S. economy.

Who can benefit from the ESTA program?

ESTA is generally the fastest way to gain temporary admission to the United States, provided the following conditions are met:

  • Be a citizen of a Visa Waiver Program (VWP) member country.
  • Intend to travel to the U.S. for tourism or limited business purposes (without paid employment).
  • Stay for a maximum duration of 90 days.
  • Hold a valid biometric passport.

How to apply for ESTA?

The application can be submitted through the U.S. Customs and Border Protection (CBP) website in less than an hour and may be approved within 72 hours.
 The application website is available here.

ESTA validity and conditions

  • Validity period: Up to 2 years or until passport expiration.
  • Allowed stay: Up to 90 consecutive days.
  • Restricted activities: Gainful employment or staying beyond the 90-day limit.

If you would like to explore other U.S. visa types, check out our complete guide on U.S. visas.

B-1 business visa or B-2 tourist visa

Differences between B-1 and B-2 visas

For individuals whose country of citizenship is not eligible for ESTA but who wish to visit the U.S., the B visa is generally the preferred option. Each year, more B visas are issued than any other visa type.

  • B-1 business visa: For contract negotiations, attending professional conferences, consulting with business associates, or managing litigation.
  • B-2 tourist visa: For leisure travel, family visits, medical treatment, or recreational activities.
  • B-1/B-2 combined visa: Most embassies issue a combined visa, allowing both tourism and limited business activities.

A B-1/B-2 visa permits the following activities, among limited other activities:

  • Contract negotiations.
  • Attendance at professional conferences.
  • Consultation with business partners.
  • Participation in litigation.

However, it does not allow one to be gainfully employed. In certain specific cases, however, remuneration by a foreign employer is permitted, in particular for limited professional activities such as contract negotiations or attending conferences. These exceptions are strictly governed by US law.

Except for Canadian citizens, who are visa-exempt, all applicants must submit their B visa application through the Consular Electronic Application Center (CEAC) of the U.S. Department of State, available here.

The DS-160 form

The online application Form DS-160 must be completed, requesting information about the applicant’s residence, employer, personal history, and immigration history, among other details.
 Once completed, the applicant must schedule an appointment.

Currently, the U.S. Department of State is transitioning to a new appointment scheduling system, meaning the appointment website may vary depending on the U.S. embassy or consulate where the application is submitted:

Some embassies or consulates may require an in-person visit to an Applicant Support Center (ASC) to collect biometric data.

To schedule the interview, applicants must pay a non-immigrant visa fee, which was $185 at the time of writing.

The current fee schedule is available here.

The interview and required documents

Once the interview is scheduled, which takes place at a U.S. embassy or consulate, the applicant must prepare documents proving they are a temporary visitor with no intent to immigrate.

The U.S. Department of State provides an estimated wait time page for various visa types at different embassies and consulates. This page is available here.

Documents to bring to the interview with the U.S. consular officer may include:

  • Proof of foreign residence (lease, rental agreement, property ownership).
  • Proof of foreign employment (employment confirmation letter, pay stubs, tax returns).
  • Proof of family ties abroad (marriage certificates, birth certificates of children residing abroad).
  • A detailed travel itinerary (locations and purpose of visit in the U.S.).
  • Proof of a return ticket abroad.
  • Documentation of pre-arranged plans in the U.S..
  • Financial proof to cover travel expenses.

During the interview, the U.S. consular officer will review the DS-160 form and supporting documents concerning the applicant’s ties to their home country and their plans in the U.S..

If the officer is convinced that the applicant intends to return home after their visit, they will keep the applicant’s passport and return it a few days later with the B visa stamped inside.

Depending on the embassy or consulate, the visa-stamped passport can be:

  • Picked up in person by the applicant.
  • Delivered by courier.

What to do if your visa is denied?

Sometimes, B-1/B-2 visa applications are denied.
 Common reasons include:

  • Lack of evidence of intent to return abroad.
  • Concerns about the applicant’s ability to pay for their trip.
  • Inconsistencies in the interview responses.
  • A history of illegal immigration or prior U.S. entry refusals.

If denied, applicants may reapply with a stronger case. It is recommended to:

  • Strengthen evidence of ties to the home country.
  • Provide solid financial proof.
  • Ensure consistency in submitted information.
  • Consult an immigration lawyer to improve the application.

If your goal is to invest in the United States rather than travel for business or tourism, the investor visa might be a better option.

Entering the United States

Once the B visa is granted, the applicant can purchase a plane ticket and present themselves at any U.S. port of entry (airport, seaport, or land border) to request admission.

Need legal assistance for your visa?

If your goal is to obtain U.S. citizenship, there are several steps involved. Discover our guide on U.S. citizenship.

Obtaining a U.S. visa can be a complex process requiring thorough preparation. To maximize your chances of success, an immigration lawyer can help you:

  • Identify the best visa option for your situation.
  • Prepare a strong application and avoid mistakes.
  • Guide you through the consular interview process.

If you need personalized assistance for your U.S. tourist visa application, contact our law firm today and let’s maximize your chances of success!

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