"B Visa vs ESTA: Key Rules Every Visitor Should Know"
ESTA – Visa Waiver Program
I often receive questions about how to obtain a B visa (visitor visa) to visit the United States. However, citizens of certain countries may not need to apply for a visitor visa if they qualify under the Visa Waiver Program (VWP). This program allows visitors to stay in the U.S. for up to 90 days without obtaining a visa.
Visitors traveling under the Visa Waiver Program must have a valid ESTA (Electronic System for Travel Authorization) approval before their trip. It is essential to understand that ESTA is not a visa but an authorization that permits short-term travel to the U.S. Unlike B visa holders, visitors entering on ESTA CANNOT extend or change their status while in the U.S.
When you need a B (Visitor) Visa & How to Apply?
If you plan to visit the U.S. for more than 90 days, you must apply for a B visa through the U.S. embassy or consulate in your country. Foreign citizens who wish to visit the U.S. must first obtain a visa. The B visa is a nonimmigrant visa designed for temporary travel purposes.
There are two types of visitor visas:
B1 (Business)
B2 (Tourism)
B1/B2 (Combined Business & Tourism)
The U.S. Department of State categorizes permitted activities under each visa type as follows:
B1 Visa (Business Purposes)
Consulting with business associates
Attending scientific, educational, professional, or business conventions/conferences
Settling an estate
Negotiating contracts
B2 Visa (Tourism & Other Purposes)
Tourism and vacation (holiday)
Visiting friends or relatives
Medical treatment
Attending social events hosted by fraternal, social, or service organizations
Participating in amateur musicals, sports, or similar events (if unpaid)
Enrolling in a short recreational course (e.g., a two-day cooking class)
Important Consideration:
When applying for a B visa, you must not have any immigrant intent. If you apply for a B visa with pre-existing plans to immigrate, it could negatively impact your future immigration applications. Lying at the border about your intent is a serious violation of U.S. immigration law.
If you have a pending or approved immigration case, it is strongly recommended that you speak with an immigration attorney before applying for or entering the U.S. on a B visa. Your intent at the time of applying and entering must be solely for visiting, not for any other purpose.
Activities Prohibited on a B Visa
While in the U.S. on a B visitor visa, you are NOT allowed to engage in activities that require other visa types, such as:
Studying (including enrolling in and attending schools)
Employment (a work visa or work permit is required)
Paid performances or professional performances before a paying audience
Working as a crewmember on a ship or aircraft
Working in journalism, media, radio, or film
Applying for permanent residence (green card) while in the U.S.
Traveling to the U.S. primarily to give birth
How to Apply for a B Visa
Step 1: Pay the Visa Fee & Complete the DS-160 Form
To apply for a B visa, you must:
Pay the nonimmigrant visa application fee
Complete the online visa application (Form DS-160)
Upload a passport-style photo
Step 2: Schedule Your Visa Interview
Once your application is complete, schedule an interview at a U.S. embassy or consulate. Processing times vary by country. Interviews are generally required, except for:
Children under 14 years old
Certain renewal applicants
Applicants over 80 years old
Required Documents for the Interview
Valid passport
DS-160 confirmation page
Visa application fee payment receipt (if required)
Passport-style photo
Strengthening Your B Visa Application (Supporting documents)
Approval of a B visa often depends on how well you demonstrate the following:
✔ Clear purpose of visit
✔ Intent to return to your home country
✔ No intention to seek permanent residence
✔ Proving strong ties to your home country *
✔ Financial ability to cover your expenses during your stay
The officer may request additional evidence or deny your application if your documentation is insufficient. Proper preparation is key to a successful visa application.
Final Thoughts
If you are planning to apply for a B visa, it is essential to understand:
✅ The application process
✅ The required documentation
✅ Permitted vs. prohibited activities
There is a lot of immigration information available online, but not all of it is accurate. Given the complexity of U.S. visa regulations, consulting an immigration attorney can help you make the best decision for your situation. Our office assists applicants with the B visa application process and changing or extending their status from a B visa to other visa categories if plans change.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.