Pro Tip: Planning Short Stay Travel to the US for Work or Play

As we approach the summer solstice, it’s a time of celebration, growth and abundance, light, and healing. The natural world, and its rhythms, reminds us to connect, hope and dream.

Travel inspires our creative side. It opens us up to new beginnings. Summer represents the peak time for global exploration with many travelers seeking the open spaces, vibrant cities and opportunity to visit with loved ones in the US. 

Close to 80 million visitors arrived in the US, returning to pre-pandemic levels. Amongst short-stay visitors, the majority (70% of visitors) came to the US for leisure travel while business travelers represented 30%. The most popular spots included New York, Miami, Los Angeles, Orlando, San Francisco, and Las Vegas.

All non-US citizens and permanent residents need a travel visa, typically called “nonimmigrant visas.” These temporary visas allow travel to and visitation in the US for specific purposes for temporary stays with a clear departure date. In this feature, we highlight two primary options for travelers to the US for leisure or business.

Visa Waiver Program

For visitors seeking shorter stays (up to 90 days max), many citizens of participating countries will qualify for the Visa Waiver Program (VWP) which allows for short visits without a visa.

Administered by the Department of Homeland Security (DHS) in consultation with the State Department, the VWP permits citizens of 41 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. 

Tourism Activities:

  • Vacation (holiday)
  • Visiting friends or relatives
  • Medical treatments
  • Social events
  • Participate in special events (eg. musical, sporting), excluding paid participation
  • Enroll in a short recreational course of study, not for credit toward a degree (eg. cooking class while on vacation)

Business Activities:

  • Consult with business associates
  • Negotiate a contract
  • Settle an estate
  • Attend a conference (eg. science, education, professional)

Eligibility Requirements:

To qualify, one must meet all the criteria listed:

  • Citizen of a participating Visa Waiver Program country
  • Do not have a Visitor Visa (B1, B2, B1/B2)
  • Planning to stay in the US for 90 days or less
  • Traveling to the US for business or tourism purposes
  • Possess an e-passport

Electronic System for Travel Authorization Program

Before traveling to the US, Visa Waiver Program participants must enroll in the Electronic System for Travel Authorization Program (ESTA). Apply online through a secure website run by the Department of Homeland Security and CBP.

To apply:

  • Valid passport from a participating Visa Waiver Program country
  • Valid email address
  • Home address and phone number
  • Phone number and email of an emergency contact

There is a fee to apply for the ESTA online, which can be paid with a credit card or PayPal. If your ESTA is not approved, only a processing fee will be charged. It’s recommended that you apply for the ESTA as soon as you have plans to come to the US.

Visitor Visas

Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (B-1 visa), for tourism (B-2 visa), or for a combination of both purposes (B-1/B-2 visa).

Visitor visas allow visitors the ability and flexibility with up to a 6 month stay with the possibility of an extension within the US for qualifying cases. The B-1/B-2 visa is a multiple-entry visa providing visa holders the option to enter the US more than once, depending on specific use cases and at the discretion of the CBP who review the visitor’s case each time they enter.

B-1 Visa:

  • Consult with business associates
  • Attend a scientific, educational, professional, or business convention or conference
  • Settle an estate
  • Negotiate a contract

B-2 Visa:

  • Vacation (holiday)
  • Visiting friends or relatives
  • Medical treatments
  • Social events
  • Participate in special events (eg. musical, sporting), excluding paid participation
  • Enroll in a short recreational course of study, not for credit toward a degree (eg. cooking class while on vacation)

Individuals can apply online, there is a fee associated based on your home country and wait times for processing vary by country. Please note, the B-1 and B-2 visas are intended for temporary, occasional visits to the US for the purposes of tourism, business, and/or medical treatment. It is not for visitors seeking living long-term in the US or for those planning to spend the majority of their time in the country.

The AVA Global team can help you plan for upcoming travel to the US for either leisure or business. Book a consultation today to ensure a smooth tourist visa application process.

Denied ESTA – What to do if your ESTA is unauthorized or revoked.

A denied ESTA can cause a lot of stress, but there are other options for you to consider.

Picture of an airplane flying over the words "What is an ESTA?"

“Denied ESTA???!!? What do I do?”

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States (US) for tourism or business for up to 90 days without obtaining a visa at a US Embassy. Travelers must have a valid Electronic System for Travel Authorization (ESTA), which is an automated system that determines the eligibility of visitors to travel to the US on the VWP; however, there are instances when an ESTA application is denied, leading to concerns and uncertainties for the applicants.

Who is eligible to file for an ESTA?

You may be eligible to file for an ESTA if all the following are true:

  • You are a citizen or eligible national of a Visa Waiver Program country.
  • You are currently not in possession of a visitor’s visa.
  • Your travel is for 90 days or less.
  • You plan to travel to the US for business or pleasure.

Understanding ESTA Denials

ESTA denials can occur for various reasons, including simple technical issues or mistakes made in the application.  They can also be the result of more substantive concerns about the applicant’s eligibility. Common reasons for denial include issues with previous visa overstays, inaccurate information or having a criminal history.

Visa Options When an ESTA is Denied:

If your ESTA has been denied and you still want to visit the US, then you can apply for a B1/B2 visas at the US embassy in your home country. If the soonest appointment takes place after your trip is scheduled to depart for the US, then you may want to book that appointment and then apply for an expedite request. If you do apply for an expedite request then you need to clearly explain this in your request for an earlier appointment.

Obtaining Assistance with an ESTA Denial

When facing a denied ESTA application, you may want to consider engaging a law firm that specializes in immigration law to improve your chances of a successful resolution. At AVA, we can help with the following:

  1. Reviewing the Denial: We will carefully review the facts of your denial to identify whether any inaccuracies or misinterpretations were made by immigration authorities. Understanding the exact grounds for denial is crucial for building a strong case in the appeal or reapplication process.
  2. Preparing an Appeal: In some cases, applicants have the option to appeal a denied ESTA application. We can assist in preparing a comprehensive appeal by addressing the specific issues raised in the denial and presenting additional documentation or clarifications to support the applicant’s eligibility.
  3. Exploring Alternative Options: If an appeal is not a viable option, our law firm can explore alternative avenues for entry into the US, which may include applying for a traditional visa, such as a B-1/B-2 tourist visa as mentioned above, or seeking other immigration pathways that align with the applicant’s circumstances.

Facing a denied ESTA application can be a very stressful experience. If your ESTA has been denied and you would like to meet with the compassionate attorneys at AVA, you can schedule an immigration consultation here.  We would be happy to partner with you to navigate the complexities of the immigration system and work towards a successful resolution to your ESTA application challenges.

You may also contact us at (970) 680-1223. Our attorneys are authorized to practice US immigration law in all 50 states and in US embassies and consulates around the globe!

Current as of February 28, 2024

*Please be advised that this is not legal advice and engagement with this post does not create an attorney/client relationship.

For additional information, see:

Student/Cultural Exchange/Tourist – AVA Global (aspirevisaattorneys.com)