A U.S. visa is an official document issued by the U.S. government that allows foreign nationals to travel to a U.S. port of entry for a defined purpose and period. A visa itself does not guarantee entry; it permits the traveller to present themselves at the border, where U.S. Customs and Border Protection (CBP) decides whether they may be admitted.
U.S. visas are divided into two main categories: nonimmigrant visas, for temporary purposes such as tourism, business, study, or short-term employment; and immigrant visas, for those intending to settle permanently in the United States.
Responsibility for the visa process is shared between three agencies: U.S. Citizenship and Immigration Services (USCIS), which adjudicates most petitions filed by employers or family sponsors; the Department of State (DOS), which manages visa applications at U.S. embassies and consulates; and CBP, which decides on admissibility at the border. Applicants must follow requirements at each stage, including completing the correct forms, paying the relevant fees, and providing evidence to demonstrate eligibility.
What this article is about: This guide provides a structured overview of U.S. visa categories, required forms, and fees. It highlights the role of the agencies involved, outlines the conditions attached to major visa types, and provides practical pointers to help applicants choose the correct route.
Section A.1: Tourism & Visit Visas
Tourism and visit visas are among the most widely used U.S. entry routes. Foreign nationals travelling for leisure, to visit relatives, or to obtain short-term medical treatment usually require a B-2 visitor visa, unless eligible for entry under the Visa Waiver Program (VWP) with ESTA authorisation.
Visitor visas are strictly for temporary stays. They do not permit employment, nor do they allow formal study beyond recreational or short-term courses. Applicants must demonstrate ties to their country of residence and prove their intent to leave the U.S. at the end of their stay.
Eligibility depends on nationality. Most travellers must apply for a B-2 visa or obtain ESTA approval under the VWP. Canadian citizens are generally exempt from visitor visa requirements, while Bermudian citizens benefit from limited exemptions but still require visas for certain categories such as employment-based and fiancé(e) routes.
Section Summary
Visitor visas provide for short-term travel for leisure, family visits, or medical purposes. Requirements vary depending on nationality, with special rules for Canadians, Bermudians, and VWP travellers.
You can read our extensive guide to Tourism & Visit Visas here >>
Section A.2: Study & Exchange Visas
The United States is a leading destination for international students and exchange visitors. Foreign nationals intending to undertake academic or vocational study, or to participate in an approved cultural exchange programme, generally require a student visa (F or M) or an exchange visitor visa (J).
Eligibility starts with acceptance by a recognised institution or sponsor:
- F and M visas: The school must be certified under the Student and Exchange Visitor Program (SEVP).
- J visas: The applicant must be sponsored by an organisation designated to run exchange programmes.
Once accepted, the institution or sponsor issues the required SEVIS document before any visa application can proceed:
- Form I-20 for F and M students.
- Form DS-2019 for J exchange visitors.
Applicants must pay the SEVIS I-901 fee in addition to the visa application fee. Ongoing compliance conditions apply, including maintaining full-time enrolment, adhering to programme rules, and observing any limits on employment. For example, F-1 students may have restricted on-campus work options and may be eligible for Optional Practical Training (OPT), while some J-1 categories can be subject to the two-year home residency requirement depending on programme funding and field of study.
Section Summary
Student and exchange visas allow study or cultural participation in the U.S. Applicants need acceptance from an authorised school or sponsor, must obtain the correct SEVIS documentation (I-20 or DS-2019), pay the I-901 fee, and comply with enrolment, programme, and employment conditions.
You can read our extensive guide to Study & Exchange Visas here >>
Section A.3: Business Visas
Foreign nationals may travel to the United States for short-term professional purposes under the B-1 business visitor visa or, if eligible, under the Visa Waiver Program (VWP) with ESTA authorisation. These routes allow limited, non-productive business activity and do not authorise paid employment or hands-on work for a U.S. entity.
Typical permissible activities include attending meetings or conferences, negotiating contracts, settling an estate, or exploring investment opportunities. Activities must remain incidental to business conducted outside the United States.
Applicants should be prepared to evidence:
- That the trip is temporary and of limited duration
- That planned activities fit within permitted B-1/VWP business purposes
- Sufficient funds for travel and stay without accessing U.S. employment
- Strong ties abroad and clear intent to depart at the end of the visit
Nationals of VWP countries may apply online for ESTA if their purpose qualifies and their stay is within programme limits. Others must apply for a B-1 visa at a U.S. embassy or consulate and provide evidence supporting the business rationale for travel.
Section Summary
Business visitor routes permit short, clearly defined professional activities such as meetings and negotiations but prohibit productive work. Eligibility and process depend on nationality, purpose of travel, and documentary evidence demonstrating the temporary nature of the visit.
You can read our extensive guide to US Business Visas here >>
Section A.4: Employment Visas
The United States offers a wide range of temporary employment visas for foreign nationals to work in specific roles. Most categories are petition-based, meaning a U.S. employer or sponsor must first file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) and obtain approval before the applicant can proceed with visa processing through the Department of State (DOS).
Key Employment Visa Categories include:
- H visas: H-1B (specialty occupation workers), H-2A (temporary agricultural workers), H-2B (seasonal non-agricultural workers), and H-3 (trainees).
- L visas: Intracompany transferees moving to a U.S. branch, subsidiary, or affiliate.
- O visas: Individuals with extraordinary ability in science, arts, education, business, or athletics.
- P visas: Athletes, artists, and entertainers.
- Q visas: Participants in international cultural exchange programmes.
Each category carries conditions on the type of work permitted, the sponsoring employer, and the maximum period of stay. Dependants of employment visa holders may apply in corresponding categories (e.g., H-4, L-2). Work rights for dependants vary; certain L-2 and H-4 spouses can apply for employment authorisation, while others cannot work without separate permission.
Section Summary
Employment visas allow foreign nationals to work in the U.S. on a temporary basis but almost always require a petition from a sponsoring employer. Categories are purpose-specific, each with its own eligibility rules, conditions, and varying dependant rights.
You can read our extensive guide to Employment Visas here >>
Section A.5: Immigrant Visas
Immigrant visas provide a route to permanent residence in the United States as a lawful permanent resident (green card holder). These visas are for individuals intending to live and work in the U.S. indefinitely.
Main immigrant visa categories include:
- Family-based visas: Sponsored by U.S. citizens or lawful permanent residents through Form I-130 (Petition for Alien Relative).
- Employment-based visas: Sponsored by U.S. employers through Form I-140 (Immigrant Petition for Alien Worker).
- Investor visas (EB-5): For individuals investing in qualifying U.S. commercial enterprises that create jobs.
- Special immigrant visas (SIVs): For certain religious workers, Afghan and Iraqi nationals employed by the U.S. government, and other defined groups.
- Intercountry adoption visas: Covering orphan and Hague Convention adoption routes (IR and IH categories).
- Diversity Visa Program: A lottery-based scheme for applicants from underrepresented countries.
In most cases, the process begins with a USCIS-approved petition. Once approval is granted and a visa number is available where quotas apply, applicants outside the U.S. file the Form DS-260 (Immigrant Visa Application) through the National Visa Center (NVC) and attend an interview at a U.S. embassy or consulate. Applicants already in the U.S. with eligible status may instead apply for Adjustment of Status with USCIS.
Even after an immigrant visa is issued, final admission requires inspection and approval by CBP at the port of entry.
Section Summary
Immigrant visas provide permanent residence. Most routes begin with a USCIS-approved petition, followed by consular processing through the DS-260 or adjustment of status for those already in the U.S. Categories include family sponsorship, employment, investment, adoption, special immigrant groups, and the Diversity Visa lottery.
You can read our extensive guide to US Immigrant Visas here >>
Section A.6: Other Visa Categories
In addition to tourism, study, business, employment, and immigrant visas, U.S. immigration law provides a number of specialised visa categories for specific purposes.
Examples include:
- Transit visas (C): For travellers passing through the U.S. en route to a third country. These visas do not authorise tourism or business beyond the immediate connection.
- Medical treatment visits: Usually undertaken with a B-2 visa or, for eligible nationals, under the Visa Waiver Program. Applicants must evidence medical need, treatment arrangements, and ability to pay for care and living costs.
- Official government and international organisation travel: A visas for diplomats and officials, G visas for representatives of international organisations, and NATO visas for eligible personnel. These categories are generally fee-exempt.
- Religious workers (R visas): For individuals undertaking temporary religious work for a qualifying organisation in the U.S., subject to sponsorship and eligibility conditions.
- Crewmember visas (C-1/D): For foreign nationals employed on ships or international airlines operating to U.S. ports, limited to crew duties and layover requirements.
- Fiancé(e) visas (K-1): For foreign nationals intending to marry a U.S. citizen within 90 days of arrival, followed by adjustment of status. Although nonimmigrant in form, this visa functions as a hybrid route to permanent residence.
- Humanitarian programmes: Refugee admissions, asylum, and certain family follow-to-join benefits for refugees and asylees. These processes are not normally initiated by visa application but via specific U.S. government or international referral procedures.
Section Summary
Specialist visa categories serve narrowly defined purposes, including transit, medical treatment, official duties, religious work, crew travel, fiancé(e) entry, and humanitarian programmes. Each has distinct eligibility criteria and documentary requirements, with humanitarian pathways often operating outside the standard consular visa process.
You can read our extensive guide to Other US Visa Categories here >>
Section B: Forms & Fees
U.S. visa applications involve a combination of petitions handled by USCIS and visa applications processed by the Department of State (DOS). Each stage requires specific forms and payment of fees, most of which are non-refundable. Certain categories, such as diplomatic and official visas, are exempt from fees.
Forms
- Nonimmigrant visas: DS-160 (main nonimmigrant application), DS-156E (treaty trader/investor in limited cases), DS-2019 (exchange visitor eligibility certificate issued by sponsors), DS-3035 (J-1 waiver recommendation application).
- Immigrant visas: DS-260 (Immigrant Visa and Alien Registration), DS-261 (Choice of Address and Agent), DS-234 (Special Immigrant Visa biodata form), DS-230 (legacy immigrant visa application, now rarely used).
- Legacy/obsolete forms: DS-158 (Contact Information and Work History, no longer required).
Fees
- MRV fee (Machine Readable Visa fee): Standard DOS application charge for most nonimmigrant visas. Exemptions apply for A, G, NATO, and some J categories.
- SEVIS I-901 fee: Required for F, M, and J applicants in addition to the visa fee.
- USCIS petition fees: Payable when a petition is needed before consular processing (e.g., I-129, I-130, I-140).
- Programme-specific fees: Including the Diversity Visa lottery fee, fraud prevention fees, and optional USCIS premium processing for certain I-129 and I-140 petitions.
Section Summary
Visa processing requires correct completion of USCIS petitions and DOS consular forms, with separate fees due at each stage. Applicants should check whether their visa attracts additional charges or qualifies for a fee exemption.
FAQs
Do I always need a visa to travel to the United States?
Not always. Nationals of Visa Waiver Program (VWP) countries may enter for short visits after securing ESTA approval. Canadian citizens are generally visa-exempt for tourism, while Bermudians have limited exemptions. However, ESTA is not a visa and does not guarantee entry — travellers may still be refused by CBP at the border.
How long does visa processing take?
Processing times vary depending on visa type, embassy or consulate workload, seasonal demand, and individual circumstances. Some nonimmigrant visas may be processed within days, while petition-based or immigrant visas can take several months. Security checks and administrative processing may add further delays.
Can I change my immigration status after arriving in the U.S.?
In some cases. Certain nonimmigrant visitors may apply to USCIS to extend or change status before their authorised stay expires. Not all categories allow this. For example, most VWP entrants cannot change status, and any unauthorised work or study can jeopardise eligibility.
Does a visa guarantee that I can enter the United States?
No. A visa only permits travel to a U.S. port of entry. CBP officers decide whether you may be admitted and for how long, based on your purpose of travel and admissibility under the Immigration and Nationality Act (INA).
What happens if my visa application is refused?
Applicants are normally told the legal basis for refusal. Most fees are non-refundable. Some refusals may be overcome by submitting further evidence or reapplying in the correct category, while others — such as those based on inadmissibility — may require a waiver if available.
What evidence should I prepare for my visa application?
Requirements vary by category, but usually include a valid passport, the correct DOS form (DS-160 or DS-260), fee receipts, photographs, and supporting evidence. Examples include SEVIS documentation for students, USCIS petition approval for employment visas, and financial or family evidence for visitor visas.
Where can I find official guidance and forms?
Visa forms and procedures are published by the Department of State, while petitions such as I-129, I-130, and I-140 are handled by USCIS. Final admission decisions rest with CBP officers at ports of entry.
Conclusion
The U.S. visa framework is extensive, covering both temporary and permanent migration routes. Each category is designed for a specific purpose and is governed by strict eligibility rules. From short-term visitor visas to petition-based employment categories and immigrant visas leading to permanent residence, the correct visa depends on the applicant’s circumstances and intentions.
Applicants must ensure they apply under the correct category, complete the necessary USCIS petitions or DOS visa forms, and pay the relevant fees, most of which are non-refundable. Supporting evidence is critical; incomplete or inconsistent documentation often results in delay or refusal.
Responsibility for the process is divided between agencies: USCIS adjudicates most petitions, the Department of State conducts consular interviews and issues visas, and CBP makes the final decision at the port of entry. Importantly, a visa never guarantees admission — CBP retains discretion to refuse entry or set conditions of stay.
Section Summary
Success in the visa process depends on correct categorisation, accurate completion of forms, careful preparation of evidence, and compliance with official USCIS and DOS guidance. Applicants should always consult the most up-to-date resources before applying.
Glossary
Term | Definition |
---|---|
USCIS | U.S. Citizenship and Immigration Services, the agency responsible for adjudicating most immigration petitions and applications. |
DOS | U.S. Department of State, which manages visa applications through embassies and consulates. |
CBP | U.S. Customs and Border Protection, the agency that inspects travellers and makes final admission decisions at ports of entry. |
DS-160 | Online Nonimmigrant Visa Application form used for most temporary categories. |
DS-260 | Immigrant Visa and Alien Registration Application used for immigrant and Diversity Visa applicants. |
MRV Fee | Machine Readable Visa fee, the standard consular charge for most nonimmigrant visa applications. |
SEVIS | Student and Exchange Visitor Information System, which monitors F, M, and J visa holders. |
ESTA | Electronic System for Travel Authorization, required for travellers under the Visa Waiver Program. |
I-129 | Petition for a Nonimmigrant Worker, filed by a U.S. employer to sponsor a temporary worker. |
I-130 | Petition for Alien Relative, filed by a U.S. citizen or lawful permanent resident to sponsor a family member. |
I-140 | Immigrant Petition for Alien Worker, filed by a U.S. employer to sponsor a foreign worker for permanent residence. |
Useful Links
Resource | Link |
---|---|
U.S. Department of State – Visas | Visit site |
USCIS Forms | Visit site |
Visa Fee Information | Visit site |
SEVIS I-901 Fee | Visit site |
ESTA Application (VWP) | Visit site |
Diversity Visa Program | Visit site |
USCIS – Petition Information | Visit site |
NNU Immigration – U.S. Visa Guide | Visit site |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/