If you are a non-US national travelling to the United States of America for business, it is your responsibility to ensure you have secured the required permission to travel to the US.
Unless you are eligible to travel to the US visa-free under the Visa Waiver Program, or you are a citizen of Canada or Bermuda, you will need to have a visa to temporarily travel to the US for either business (or pleasure).
The primary route for business travelers to the US who are ineligible for ESTA is the B-1 business visa. You need a B visa for short term business travel to the USA if you do not qualify for visa-travel under ESTA, eg if you are not a national of a VWP country or if you have been denied ESTA authorization.
Do you need a US business visa?
You may be eligible to enter the United States without a visa if you meet the requirements for the US Visa Waiver Program (VWP). The VWP allows citizens of 38 countries (including the UK) to travel to the US without a visa for business, tourism or for transit to another country for up to 90 days.
The VWP is intended for occasional short visits to the US. Visa free travel does not include those who plan to study, work or remain in the United States for more than 90 days. If you wish to stay in the US for longer, you will need to obtain a visa for US temporary travel for up to 6 months.
Travellers that qualify for VWP must obtain authorization to enter the US using the Electronic System for Travel Authorization (ESTA).
You will generally be granted authorization if you are a citizen of one of the listed VWP partner countries and you hold a valid electronic passport with an electronic chip. However, you will not be eligible to travel visa-free under ESTA in the following circumstances:
- You have been arrested for certain crimes, even if the arrest did not result in criminal conviction, or you have a criminal record.
- You have been denied entry to or deported from the US, or you have previously overstayed on the VWP.
- You have a serious communicable illness.
Some travelers who are citizens of a VWP partner country may still be unable to travel to the US visa-free if they have travelled to Cuba since 2021, or Iran, Iraq, Libya, Sudan, Syria, Somalia or Yemen any time after 1 March 2011, although there are some limited exceptions. For example, the rule does not apply to VWP eligible travellers who were there to perform military service on behalf of the relevant VWP eligible country.
If you are a dual national of Cuba, Iran, Iraq, Sudan, or Syria, you will not be eligible to travel without a visa.
How do I apply for visa-free travel?
To apply for visa free travel you should complete an online pre-registration form on the ESTA website. It is advised by the US Customs and Border Patrol that you do this at least 72 hours before departure.
If your application for visa free travel is denied, you will need to make an application for a B-1 or B-2 visa for US temporary travel from your nearest US Embassy or Consulate. In these circumstances, this is likely to significantly delay your travel plans.
What is the US business visa?
The main type of visa for non-US nationals temporarily travelling to the United States for business is the B-1 visa. This is a nonimmigrant visa for those travelling to the US temporarily to engage in non-revenue-generating business activities. Permissible activities are limited to generally to those where you are not receiving compensation or remuneration from a US based employer or business. B-1 permissible activities can therefore include attending a conference or seminar, or other legitimate activities of a commercial or professional nature.
The B-1 visa will not allow for gainful employment or productive activity such as operating a business. However, limited additional activities can be conducted under the B-1 visa, for example, participating in a voluntary service program that benefits a US local community.
If your proposed business activity falls outside those permitted within the B-1 category, a temporary work visa will be required. If you intend to combine your business trip with tourist activities, you would be required to hold the B1/B2 combination visa.
If you are concerned about whether your reason for travel falls within the permissible activities, it is always best to take advice before proceeding with the application to avoid issues, delays or even refusal of your application. Likewise, if you have ever been arrested, cautioned or convicted of an offense, you will have to declare all details which may result in you having to apply for a waiver to travel to the United States.
How long can you stay on a business visa in USA?
With a B-1 visa, you are usually granted permission to stay in the US for a visit of up to six months. While the visa itself may be valid for a number of years (e.g. 10 years), this does not allow it
It may be possible to apply to extend a business visa for a further period of six months, if you meet the requirements.
Business visa requirements
Your B-1 visa application will need to prove that you are travelling to the US for permissible, business-related reasons (and not, for example, to take up paid-employment in the US). You will also need to show that you will be visiting and that you intend to leave the US and return to your country of residence before your visa period expires. Finally, you will need to evidence you have sufficient funds to support yourself during your stay.
Applying for a US business visa
If you are aged between 14 to 79 years old you are required to apply for a visa in person through a pre-arranged interview at the US Embassy or Consulate, by appointment only. Applicants under 14 or 80 years and over may be eligible to apply by courier.
To apply you will need to create an online account and complete form DS-160. It will be important to be thorough, comprehensive and accurate with your answers. Your photographs must also comply with US photo standards. The next stage is to the pay the application fee and arrange your visa interview at the Consular post where you filed the application.
There is no cap on the number of B-1 visas that can be issued, so your application will be decided on merit against current applicable US immigration rules and policy.
Business visa supporting documents
In addition to the application form, you will also need to compile and submit extensive supporting documentation to evidence your eligibility under the route. The specific documents will vary by individual application. This could, by way of general indication, include:
- DS 160 confirmation page
- Visa appointment confirmation page
- Valid passport or travel document with multiple blank pages to allow for the visa and entry stamp
- US visa photos
- Previous US visas
- Evidence of planned business activities during stay
- Evidence of sufficient funds to maintain you during your stay
- Evidence of residence outside the US Details of any criminal convictions
- Details of medical conditions that could impact your visa eligibility
- Previous US visa application refusals, US entry denials or deportations from the US
Taking professional advice will help ensure the documentation provides more than sufficient proof of eligibility and avoid delays through requests for further information.
B1 visa interview
While it is advisable to arrive in good time, note that you will not be allowed access into the Embassy 30 minutes before your scheduled appointment time. In all, you will be in the Embassy for 2-3 hours.
During the interview, you will be asked questions by the officer adjudicating your application. These typically only last a few minutes, unless your application is more complex or there are issues or queries about the evidence. As well as the interview, you will also have your fingerprints taken.
At your interview, in addition to any category-specific documentation to prove the purpose of your trip, you will be required to bring the following:
- a print-out of your appointment confirmation
- a print-out of the confirmation page for form DS-160
- a 5 x 5 cm (2” by 2”) colour photograph taken within the last 6 months
- a passport
You will also need, where applicable, documentary evidence of the following:
- your status in the country of which you reside
- any previously issued US visas
- any serious communicable medical condition
- any arrests, convictions or cautions, regardless of when they occurred.
- being denied entry to or deported from the US.
You may also need to show that you have sufficient funds available on arrival to support yourself during your stay in the US, and the residence abroad to which you intend to return.
If your application is successful, this can take only a few short days to process. If additional processing or a criminal waiver of ineligibility or a national interest exception waiver is required, your application for a visa for US temporary travel could take several weeks, if not months.
Note that if you are granted a US business visa, this provides perimssion for you to travel to the US, but entry is not guaranteed. Border officials have discretion to question travellers at the border and have the authority to refuse entry if they are not satisfied that your reason for travel qualifies under the visitor rules.
If you are travelling with a business visa, you are advised to carry with you documentary evidence of your reason for travel, such formal confirmation of a business meeting on company letterhead, and proof of your intention to leave the US at the end of your stay (eg your return travel details).
US visa processing times
B-1 visa processing times vary greatly, depending on the circumstances of the application and the caseload of the Consular post.
Looking at the US Embassy in London, interview waiting times are currently around 90 days for a business visitor visa.
Straightforward applications supported by sufficient evidence and approved during the visa interview can take around 10 working days for the passport, with visa, to be returned by courier. However, application processing continue to be delayed due to pandemic-related backlogs and service restrictions and public health rules.
Incomplete applications will lead to delays. You may be asked following the interview to provide further evidence as the adjudicator is not satisfied they have all the information needed to make a decision.
Likewise, more complex circumstances can also result in delays. If you are advised during the interview that a waiver of inadmissibility is required for your visa to be processed, you should expect to wait a further 7-9 months to hear a final decision.
Need assistance?
Issues or delays with your visa application can significantly impact on your travel plans. Avoid issues at the border by ensuring you have the correct permission to travel to the US. If you need to visit the US for business, depending on the circumstances and your reason for travel, you may be eligible to travel visa-free. If you do not qualify for visa-free travel, you would usually need to apply for a B-1 business visa.
You should always apply well in advance of your intended travel date and not make non-refundable travel arrangements until you have been issued the visa and are in receipt of your validated passport.
If you are unclear about any aspect of obtaining a US business visa, including updated information on current travel restrictions or special requirements, speak to our specialist US immigration attorneys.
US business visa FAQs
What are the requirements for business visa in USA?
Among the requirements for the B1 visa, you will need to prove your intention to leave the US at end of your stay.
How long can you stay on a B1 B2 visa?
While B visas can be issued with a validity of up to 10 years, you are only permitted to stay in the US for periods of up to 6 months.
Can UK citizens travel to USA for business?
Yes, UK citizens can travel to the US for business, provided they have the relevant permission, which may be ESTA authorization for visa-free travel or a visa such as the B visitor visa.
What is the B1/B2 visa?
It is common for US embassies and consulates to issue visitors the combined B1/B2 visa. This allows the visa holder permission to undertake a combination of business (B1) and tourism (B2) activities during visit.
Glossary
Term | Definition |
---|---|
B-1 Visa | A nonimmigrant visa for individuals traveling to the United States temporarily for business activities, such as meetings, conferences, or negotiations. |
DS-160 | The online nonimmigrant visa application form required for B-1 visa applicants. It gathers personal, travel, and employment information. |
MRV Fee | The Machine Readable Visa fee, a non-refundable charge required to schedule a visa interview at a US embassy or consulate. |
Consular Interview | An in-person meeting with a consular officer at a US embassy or consulate, during which the officer assesses the applicant’s eligibility for a B-1 visa. |
Form I-94 | A record issued by US Customs and Border Protection that shows the date of entry, port of entry, and authorized length of stay for visitors. |
Business Visitor | A nonimmigrant traveler who enters the United States for short-term business purposes, such as attending a conference, negotiating contracts, or consulting with US colleagues. |
Visa Waiver Program (VWP) | A program that allows citizens of certain countries to travel to the United States for business or tourism without a visa, provided they obtain ESTA approval. |
ESTA | The Electronic System for Travel Authorization, required for travelers under the Visa Waiver Program, allowing them to visit the United States for up to 90 days without a visa. |
Single-Entry Visa | A visa that permits the holder to enter the United States only once during its validity period. |
Multiple-Entry Visa | A visa that allows the holder to travel to the United States multiple times within the validity period. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/