A foreign national traveling to the United States for a temporary visit is called a Visitor. There are two reasons to visit the United States – for business (B-1) or for pleasure (B-2). Most foreign nationals require a visa to enter the United States, even as Visitors, and the visa is applied for at a U.S. Consular Post overseas. Persons not requiring a visa to enter the United States as Visitors include Canadian citizens or foreign nationals eligible to apply for admission to the United States under the Visa Waiver Program who will depart the United States within 90 days of entry and possess a machine-readable passport.

Business Visitor (B-1 Nonimmigrant): A Business Visitor is a foreign national coming to the United States for a short-term legitimate business activity. The foreign national may not "work" in the United States and is to be employed abroad and typically may not receive any remuneration from an U.S. source. What constitutes a legitimate business activity is of some debate – follow the “can look but cannot touch rule.” For instance a Business Visitor can discuss changes to architectural plans, but may not use computer-aided-design tools or make any modifications to blueprints without employment authorization.

Pleasure Visitor (B-2 Nonimmigrant): A Pleasure Visitor is a foreign national coming to the United States for a short-term pleasure/vacation purpose. Although not specifically defined, a pleasure activity could be a vacation/holiday in the United States, visiting family/friends, or other non-business travel. The foreign national may not "work" in the United States and is to be employed abroad and may not receive any remuneration from a U.S. source.

Duration of Stay: The Border Official will admit the foreign national for the period of time needed to complete the business or pleasure activity. The initial period of admission usually will not exceed six (6) months. An extension request can be submitted for an additional six-month period. Extensions beyond one (1) year are scrutinized.

Must Intend to Depart the United States: Any Visitor must intend to return to his or her home country upon the completion of the visit in the United States. This intent must be established when applying for the visitor visa and when applying to enter the United States.

Obtaining Visitor Status: A foreign national applies for a B-1 or B-2 nonimmigrant visa at a U.S. Consular Post. The foreign national provides the Consular Post with documentation of his or her purpose for coming to the United States as well as documentation to evidence the foreign national intends to depart the United States after the visit. The Consular Post will conduct a background check of the visa applicant for national security reasons. The Consular Post also has discretion to deny a visa application and there is no appeal of the denial. If the visa is issued, the foreign national then presents that visa to U.S. Border Official to apply for admission to the United States. Some foreign nationals are exempt from the requirement of first obtaining a Visitor Visa before applying for admission to the United States.

Visa Waiver Program: Under the Visa Waiver Program, a foreign national from designated countries can apply to enter the United States as a business visitor (B-1 nonimmigrant) or a pleasure visitor (B-2 nonimmigrant) without first applying for a visa. The foreign national must (i) possess a machine-readable passport, (ii) be coming to the United States for a legitimate business activity or pleasure visit, (iii) not receive any remuneration from the United States and (iv) possess a return airline ticket showing departure within ninety (90) days. The designated countries include: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and The United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man). The Border Official will issue to the foreign national an Arrival-Departure Record (Form I-94W) having an expiration date of 90 days from the date of admission. Failure to depart the United States within the ninety-day period or otherwise violating the terms of the Visa Waiver Program (such as working while in the United States), will jeopardize the foreign national's ability to use the Visa Waiver Program in the future. Citizens of Canada do not require a visa to apply to enter the United States (although some exceptions apply) and are not admitted under the Visa Waiver Program. Please note that the U.S. Department of State in conjunction with U.S. Citizenship & Immigration Services determines which countries are eligible for participation in the Visa Waiver Program.

Disclaimer: The information provided at www.emigrate-immigrate.com is as a source of information and is not to be construed as legal advice, nor is it a solicitation for legal services.

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Countries currently eligible to participate in the Visa Waiver Program include: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and The United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man). All Visa Waiver Program applicants require a machine-readable passport when applying to enter the United States.