US Visa Guide: Types, Requirements & Application

By Nita Nicole Upadhye

Table of Contents

A United States visa is an official travel document issued by the U.S. government that allows foreign nationals to travel to a U.S. port of entry for a specific purpose and period of time. A visa does not guarantee entry; it authorises travel to the border where U.S. Customs and Border Protection (CBP) determines admissibility.

U.S. visas fall broadly into two categories: nonimmigrant visas for temporary stays (for example tourism, business, study, or temporary employment) and immigrant visas for individuals intending to live permanently in the United States. Each category serves a defined purpose with specific eligibility criteria and documentation requirements.

Multiple agencies are involved in the overall process. U.S. Citizenship and Immigration Services (USCIS) adjudicates most underlying petitions (for example, petitions by employers or family sponsors). The U.S. Department of State (DOS) handles consular processing of visas at U.S. Embassies and Consulates. CBP makes the final decision on admission at the port of entry. Applicants should ensure they follow the requirements for each stage.

The visa application process typically involves completing official forms, paying the required fees (which are generally non-refundable), scheduling a consular interview, and presenting evidence to show eligibility and intent consistent with the visa sought.

What this article is about: This guide provides a structured overview of key U.S. visa categories and the forms and fees involved. It also signposts to dedicated hubs for deeper detail on tourism & visit, study & exchange, business, employment, immigration, and other specialised routes, helping applicants choose the correct pathway and avoid common pitfalls.

 

Section A.1: Tourism & Visit Visas

 

Tourism and visit visas are among the most widely used U.S. entry routes. Foreign nationals travelling for pleasure, to visit family and friends, or to receive short-term medical treatment generally require a visitor visa unless eligible to enter under the Visa Waiver Program (VWP).

Tourist and visit visas are designed for temporary stays only. They do not permit employment, nor do they allow study beyond short recreational courses. Applicants must show evidence of ties to their home country and the intent to depart the United States after their visit.

Citizens of most countries must apply for a visa or secure ESTA authorisation under the VWP. Canadian and Bermudian citizens are generally exempt from the visa requirement for tourism, although they may still require visas for other categories such as fiancé(e) or immigrant routes.

Section Summary: Tourism and visit visas facilitate short-term entry to the United States for leisure, family visits, or medical purposes. Rules differ depending on nationality, and additional exemptions apply for Canadians, Bermudians, and travellers eligible under the Visa Waiver Program.

You can read our extensive guide to Tourism & Visit Visas here >>

 

Section A.2: Study & Exchange Visas

 

The United States attracts large numbers of international students and exchange visitors each year. Foreign nationals who intend to undertake academic or vocational study, or to participate in an approved cultural exchange program, generally require a student or exchange visa.

Applicants must be accepted into a SEVP-approved institution (for F or M visas) or a designated exchange program (for J visas). The institution or program sponsor issues the relevant form: I-20 for F and M students, or DS-2019 for exchange visitors. These documents are required before submitting the visa application.

Study and exchange visas may carry conditions relating to work authorisation, programme participation, and maintenance of full-time enrolment. Applicants are also required to pay the SEVIS I-901 fee in addition to the visa application fee.

Section Summary: Study and exchange visas provide a route to lawfully study or train in the United States. Applicants must first obtain acceptance to an approved programme and present the relevant SEVIS documentation before applying for the visa.

You can read our extensive guide to Study & Exchange Visas here >>

 

 

Section A.3: Business Visas

 

Foreign nationals may enter the United States for a short period to conduct temporary business activities such as attending meetings, conferences, or negotiating contracts. In most cases, travellers require a visitor visa for business, unless eligible to enter under the Visa Waiver Program (VWP) with prior ESTA authorisation.

Business visitor routes permit limited, non-productive activities. They do not allow paid employment or hands-on work for a U.S. entity. Applicants must demonstrate that the visit is temporary, that activities fall within permitted business purposes, and that they will depart the United States at the end of their stay.

Eligibility and documentary expectations vary by nationality and purpose. Travellers from VWP countries must secure ESTA approval in advance; others should apply for the appropriate visa at a U.S. Embassy or Consulate and be prepared to evidence the business rationale for the trip.

Section Summary: Business visas facilitate short-term entry for meetings, events, and similar professional activities, but they do not authorise productive employment. Depending on nationality, travellers either apply for a visitor visa or travel under the VWP with ESTA.

You can read our extensive guide to Business Visas here >>

 

Section A.4: Employment Visas

 

The United States offers a range of nonimmigrant employment visas for foreign nationals to work on a temporary basis. Most routes are petition-based, meaning a U.S. employer (or programme sponsor) must first obtain approval from U.S. Citizenship and Immigration Services (USCIS)—typically via Form I-129—before the applicant proceeds with visa processing at a U.S. Embassy or Consulate handled by the Department of State (DOS).

Employment categories include: H visas (for specialty occupations and certain seasonal roles), L visas (intracompany transferees), O visas (individuals with extraordinary ability), P visas (athletes and entertainers), and Q visas (international cultural exchange). Treaty-based options and media routes exist for specific cases and are covered in dedicated hubs.

Each visa carries conditions on the type of work, employer sponsorship, validity period, and any labour compliance requirements. Dependants usually apply in corresponding categories (for example, H-4, L-2), though work authorisation for dependants varies by route and may require separate eligibility.

Section Summary: Most temporary employment in the United States requires a USCIS-approved petition from a sponsoring employer before consular visa processing. Available categories (H, L, O, P, Q and others) are purpose-specific, with distinct eligibility criteria and conditions, including differing rights for dependants.

You can read our extensive guide to Employment Visas here >>

 

Section A.5: Immigrant Visas (Immigrate)

 

Immigrant visas allow foreign nationals to live permanently in the United States as lawful permanent residents (green card holders). The principal pathways are family-based, employment-based (including certain investors), adoption, special immigrant categories, and the Diversity Visa program.

Most family and employment routes require an approved immigrant petition—typically Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker)—adjudicated by USCIS before consular processing begins. After petition approval and when a visa number is available (where applicable), applicants complete the DS-260 with the Department of State and proceed to interview at a U.S. Embassy or Consulate. Fees are generally non-refundable.

Applicants outside the United States usually pursue consular processing through the National Visa Center (NVC) and DOS. Those lawfully present in the U.S. in an eligible status may, in some circumstances, apply for adjustment of status with USCIS instead of consular processing. Final admission to the United States remains subject to inspection by CBP at the port of entry.

Section Summary: Immigrant visas confer permanent residence. Most categories begin with a USCIS-approved I-130 or I-140, followed by DS-260 consular processing (or adjustment of status, if eligible). Pathways include family, employment, adoption, special immigrant groups, and the Diversity Visa program.

You can read our extensive guide to US Immigrant Visas here >>

 

Section A.6: Other Visa Categories

 

Beyond tourism, study, business, employment, and immigration, there are additional visa categories for specific travel purposes. These include transit through the United States, medical treatment visits, official government travel, religious work, crewmember movements, and humanitarian or special situations. Each category has purpose-specific eligibility and documentary requirements.

Transit routes are intended solely for travellers transiting the United States en route to a third country. Depending on nationality and itinerary, this may involve a C transit visa, a B visitor visa used for certain transit scenarios, or travel under the Visa Waiver Program (VWP) if eligible. Transit visas do not authorise entry for tourism or business beyond the connection.

Medical treatment visits are generally undertaken with a B visitor visa or, for eligible nationals, under the VWP. Applicants should be prepared to evidence medical need, treatment arrangements, and funding for care and living costs.

Official government travel covers representatives of foreign governments, designated international organisations, and certain foreign military personnel travelling on official duty. These cases use purpose-specific categories including A (diplomats/foreign officials), G and NATO (international organisation employees and NATO-related travel), and related renewals processed in accordance with Department of State procedures.

Religious Worker (R) visas enable temporary religious work for qualifying organisations, subject to category-specific sponsorship, role, and eligibility requirements.

Crewmember (C-1/D) visas are for crew on ships or aircraft calling at U.S. ports, with conditions tailored to transportation operations and layover movements.

Humanitarian and special situations include refugee admissions, asylum processes, and certain family follow-to-join benefits for refugees and asylees. Many humanitarian pathways are not initiated through consular visa applications but via designated U.S. government or international referral processes; eligibility and procedures differ from standard visa routes.

Section Summary: Other visa categories address narrowly defined purposes—transit, medical treatment, official duties, religious work, crewmember movements, and humanitarian programmes. Each route has distinct rules and evidence expectations, and some humanitarian processes operate outside standard consular visa pathways.

You can read our extensive guide to Other Visa Categories here >>

 

Section B: Forms & Fees

 

U.S. visa processing involves multiple agencies and document types. USCIS adjudicates most underlying petitions (for example, employer or family sponsorship), while the Department of State (DOS)</strong) manages consular visa applications at U.S. Embassies and Consulates. Fees charged by either agency are generally non-refundable, even if an application is refused.

Most DOS “DS” forms are completed online and many official resources are provided as PDFs. This website contains PDF documents that require a PDF reader to view.

Forms

 

Nonimmigrant Visa Applications

  • DS-160: Online Nonimmigrant Visa Application (all nonimmigrant categories, including K applications).
  • DS-156E: Nonimmigrant Treaty Trader / Investor Application.
  • DS-158: Contact Information and Work History for Nonimmigrant Visa Applicant.
  • DS-1648 (Online): Application for A, G, or NATO Visa (applicants applying within the United States).
  • DS-2019: Certificate of Eligibility for Exchange Visitor Status. Issued by the exchange visitor program sponsor via SEVIS (not downloaded from this site).
  • DS-3035: J-1 Visa Waiver Recommendation Application (waiver of the two-year home residency requirement, where applicable).

 

Immigrant Visa Applications

  • DS-117: Application to Determine Returning Resident Status.
  • DS-157: Petition for Special Immigrant Classification for Afghan SIV Applicant.
  • DS-230: Application for Immigrant Visa and Alien Registration (Cuban Family Reunification Parole applications only).
  • DS-260: Immigrant Visa and Alien Registration Application (Immigrant Visa and Diversity Visa applicants).
  • DS-261: Choice of Address and Agent.
  • DS-234: Special Immigrant Visa Biodata Form.
  • DS-1981: Affidavit Concerning Exemption from Immigration Requirements for a Foreign Adopted Child.
  • DS-1884: Petition to Classify Special Immigrant Under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad.

 

Fees

 

  • MRV (Machine Readable Visa) fees for most nonimmigrant visa applications (DOS).
  • SEVIS I-901 fee for students and exchange visitors (in addition to visa fees).
  • USCIS petition fees (for example, I-129, I-130, I-140) payable when a petition is required before consular processing.
  • Program-specific fees, such as Diversity Visa fees, fraud prevention fees, or optional premium processing for certain USCIS petitions.

 

Section Summary: Select the correct DOS form for consular processing and ensure any required USCIS petition has been approved. Plan for both petition and visa fees; most are non-refundable and category-specific.

 

FAQs

 

Do I always need a visa to travel to the United States?
Not in every case. Eligible nationals of Visa Waiver Program (VWP) countries may travel for short visits after securing ESTA authorisation, and most Canadian and Bermudian citizens are visa-exempt for tourism. However, ESTA is not a visa and does not guarantee entry; travellers may still be refused at the border by U.S. Customs and Border Protection (CBP).

How long does visa processing take?
Timelines vary by category, local Embassy/Consulate capacity, season, and individual circumstances. Some nonimmigrant visas may be processed within days, while petition-based or immigrant routes can take months. Security checks or administrative processing may extend timelines.

Can I change my status after arriving in the U.S.?
Sometimes. Certain nonimmigrant visitors may apply with USCIS to change or extend status if eligible and if their current stay has not expired. Not all categories permit changes (for example, most VWP entrants cannot change status), and unauthorised work or study can jeopardise eligibility.

Does a visa guarantee that I can enter the United States?
No. A visa permits travel to a port of entry to seek admission. CBP officers make the final decision on entry and length of stay based on the purpose of travel and admissibility under U.S. law.

What happens if my visa application is refused?
You will normally be told the reason for refusal under U.S. immigration law. Most fees are non-refundable. Some refusals can be overcome by supplying additional evidence or by reapplying in the appropriate category; others (for example under certain inadmissibility grounds) may require a waiver, if available.

What evidence should I prepare for my application?
This depends on the category, but typically includes a valid passport, the correct DOS form (for example, DS-160 or DS-260), visa fee receipt, photo, and category-specific evidence (for example, SEVIS documents for students, USCIS petition approval for employment, or financial and ties-to-home-country evidence for visitors).

Where do I find the official rules and forms?
Visa procedures and DS forms are published by the Department of State (Embassies/Consulates), while underlying petitions (for example, I-129, I-130, I-140) are handled by USCIS. Final admission is determined by CBP at the border.

 

Conclusion

 

The U.S. visa framework is extensive and complex, covering both temporary and permanent migration. Each category is designed for a specific purpose and carries strict eligibility rules. From short-term visitor and business routes to employment-based petitions and permanent immigrant visas, the choice of visa depends entirely on the individual’s circumstances and intentions.

Applicants must ensure they apply under the correct category, complete the required USCIS or DOS forms, and pay the relevant fees—most of which are non-refundable. Supporting documentation is critical; incomplete or inconsistent evidence often leads to delay or refusal.

Responsibility for the process is shared: USCIS adjudicates most petitions, the Department of State conducts visa interviews and consular processing, and CBP officers decide on admission at the port of entry. Applicants should be mindful that a visa does not guarantee entry; final determination is always made by CBP.

Section Summary: Success in obtaining a U.S. visa requires matching the correct category to the traveller’s purpose, careful preparation of forms and fees, and adherence to official guidance. Always consult the most up-to-date resources from USCIS and the Department of State before applying.

 

Glossary

 

TermDefinition
USCISU.S. Citizenship and Immigration Services, the agency responsible for adjudicating most petitions and applications for immigration benefits.
DS-160Online nonimmigrant visa application form used for most temporary visa categories.
DS-260Online immigrant visa application form used for immigrant and Diversity Visa applicants.
MRV FeeMachine Readable Visa fee, the standard consular charge for most nonimmigrant visa applications.
SEVISStudent and Exchange Visitor Information System, which records and monitors international students and exchange visitors.
ESTAElectronic System for Travel Authorization, the online system used by travellers under the Visa Waiver Program (not a visa).
I-129Petition for a Nonimmigrant Worker, filed by a U.S. employer to sponsor a temporary worker.
I-130Petition for Alien Relative, filed by a U.S. citizen or lawful permanent resident to sponsor a qualifying family member for immigration.
I-140Immigrant Petition for Alien Worker, filed by a U.S. employer to sponsor a foreign worker for permanent residence.
CBPU.S. Customs and Border Protection, the agency responsible for inspection and final admission decisions at U.S. ports of entry.

 

Useful Links

 

ResourceLink
U.S. Department of State – VisasVisit site
USCIS FormsVisit site
Visa Fee InformationVisit site
SEVIS I-901 FeeVisit site
ESTA Application (VWP)Visit site
Diversity Visa ProgramVisit site
USCIS – Petition InformationVisit site

 

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.

This article does not constitute direct legal advice and is for informational purposes only.

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