UK citizens need a permit to travel to the US. Your immigration options will be set by determining your reason for traveling, planned duration of stay, and other factors relevant to you as an applicant, like your travel history and employment status. There are several types of US Visas for UK citizens. In this blog, we have discussed the main options for you to consider for a UK to USA visa.
Electronic System for Travel Authorization also called ESTA approval is a security pre-screen of all travelers who wish to travel under the VWP.
The Visa Waiver Program permits qualifying individuals from visa waiver countries to enter the US without a visa for tourism or business-related purposes for a stay of a maximum of 90 days.
This program is only available to the nationals of some countries, the UK being one of them. To qualify for the visa waiver program, an individual must travel for tourism and business-related activities like job seeking or business consultations.
You can also attend business conferences or scientific conventions, business purposes, or education professionals however, you are not permitted to study or participate in any paid work activities.
You cannot travel under the VWP if your Electronic System for Travel Authorization application fails instead you should seek an alternative immigration route.
Keep in mind that travel authorization is not a visa so if you have a valid relevant visa, you don’t have to apply for a travel authorization.
If you want to enter the US under this program, you must hold a valid e-passport with at least 6 months of validity before it expires.
The Electronic System for Travel Authorization is valid up to 24 months from its approval date until your passport expires before the two-year mark, in which your ESTA will expire along with your passport.
You can enter the US multiple times with the same ESTA unless you don’t stay for more than 90 days each time. The 90 days will be counted from the day you arrive in the US.
Having a travel authorization solely does not assure your entry to the US you will have to prove your eligibility under the Visa Waiver Program at the Border control, A customs and border protection officer will inspect you and verify if you are eligible or not to enter the US under the visa waiver program.
You must have a return or onward ticket for your travel with you, journey cannot end in any country that shares a border with the US or any adjacent island unless you are a resident of any one of these territories.
It is advised that you get your legal status checked by an immigration lawyer before applying to make sure that you will get approved, if you have any criminal records even if they are spent you may still be ineligible for the visa waiver program.
Traveling under the visa waiver program means you drop your right to appeal if your entry is denied to the US. You still can’t appeal if you break any terms and conditions of your entry and get removed from the US.
If you do not meet the requirements for the visa waiver program, you must apply for a relevant nonimmigrant visa before your journey. It is recommended to contact legal counsel to ensure that you are applying for the right travel documents to secure your entry to the US.
The US visa is divided into two main groups, immigrant and nonimmigrant visas.
It is highly recommended to take legal advice from a specialist immigration lawyer, as there are several types of UK Visas and some have overlapping requirements. Applying for the wrong type of visa could eventually result in your entry into the US being rejected. It is essential to have this right to make sure that you have a visa that suits your purpose.
Whichever visa you apply for, if you have been arrested, cautioned, or convicted of a crime anywhere in the globe, you have to mention it on your visa application.
This is also applicable to the convictions that have been spent. If you are not aware, seek legal advice to get assurance.
The non-immigrant visas are temporary visas for a short term, issued for a fixed period of stay in the US. Each visa has some restrictions for the purpose and length of stay.
The B-1 visa is for non-US nationals who intend to travel to the USA for business-related purposes and stay there for a maximum of 6 months. However, the B-1 visa doesn’t allow you to work in the US or get paid by a US source.
A nonimmigrant individual may be eligible to apply for a B-1 visa if they are traveling to the US to participate temporarily in business-related activities such as contract negotiation, business consultation, Litigation, and conventions together with educational and scientific conferences and seminars.
You cannot run a business or consultancy service or be gainfully employed with a B-1 visa.
For instance, you can look for a commercial property and sign a lease but you can not run the business with a B-1 visa. You can participate in an exhibition to promote your product/service and can take orders for the items produced and sold in the UK. Although, you are not allowed to sell the goods produced in the US.
Similarly for conferences, you can attend and speak at them until you are not getting paid for it by a US organization. Researchers who are funded by sources from outside the US may use a B-1 visa.
Others who may be eligible for it are domestic employees, nannies, and athletes competing only for the prize money in a professional or amateur capacity,
If you have a combination of a B-1/B-2 visa, you can apply for an extension on your visa while in the US and can also combine business and tourism. However, you cannot change the purpose of your visit when holding a B-1 visa.
To prove your status, you have to submit some documents business visitors will have to submit a letter from their employer having details about the purpose of their visit.
The B-2 visa is a visa for short-term travel to the US with the purpose of tourism or receiving medical treatment. It can not be used for business-related reasons.
The B-2 visa is mostly considered by UK travelers who are not eligible for the visa waiver program.
Even though amateur entertainers are not working for a living, they may require a B-2 visa. They can claim expenses for their visit but should not make a profit or get paid for the performance.
Amateur athletes competing in any amateur events without receiving any payment except for expenses may also be allowed for a B-2 visa.
You may enroll in a short study course if it doesn’t count toward a degree for this you would require a B-1 visa. Any course that lasts less than 18 hours in a week and for any avocational or recreational purpose all may qualify.
The B-2 visa is valid for up to 10 years allowing multiple visits with each stay lasting no longer than 6 months. In some situations, you may be permitted to extend the length of your stay in the US for up to 12 months with the B-1 and B-2 visa.
You can not stay for more than 12 months at a time. If you want to visit for business and tourism
purposes then you should apply for a combined B-1/B-2 visa.
Individuals who are traveling to get medical treatment may have to submit supporting documents like a letter from the medical facility or physician in the US stating why they need the treatment there.
Upon request, you will have to provide evidence to the US immigration if you are traveling under the visa waiver program.
You may require a C-1 visa, if you want to travel through the United States in continuous transit then UK citizens who do not qualify under the visa waiver program will require a C-1 visa to transit through the US.
The C-1 visas are most commonly issued for the cruise line workers. Individuals working on a private yacht may also be granted a C-1 visa until they are in US waters for more than 29 days in such case B-1 visa is required.
People working on the cruise lines may intend to enter the US for holiday purposes but if they are not eligible for the visa waiver program they may have to apply for a B-2 visa.
If you are working on a dry dock or cruise liner, you may have to apply for a C-1 and B visas together. Since it is a complex area it is advised to seek guidance for the type of visa required.
Getting legal advice on the visa type you should apply for before starting your journey to the US can be favorable.
The E-1 visa is a temporary nonimmigrant treaty trade visa. It is designed to support the trading between the treaty country (UK) and the US.
It is valid for up to 5 years and can be renewed if required for continued trade. The trade has to be significant to get approved for an E-1 visa.
However, It does not open the doors for getting a permanent visa or a green card.
The E-2 visa is permitted to those individuals who are observed to be investing a valuable amount into a US venture. It is a temporary nonimmigrant treaty investor.
You will have to prove that your proposed venture is legitimate, viable, and can give employment to US workers.
The invested amount must be considerable enough with the venture you wish to start and must provide benefit to the US.
The E-2 visa can be renewed after the starting 5-year period but it will not help you in getting a permanent residency in the US.
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H visas focus on non-US workers like UK nationals who will get employed temporarily to work in a role in which there are no qualified US citizens available. To prove this, your potential employer will have to acquire certification from the Department of Labor.
Once the H visa expires, you have two options either to return to your home country or apply for permanent residency with a green card.
You will have to hold an H-1B visa if you wish to travel to the US for a qualifying job role with an eligible US employer.
You need to have a bachelor’s, higher degree, or a degree similar to the specific field that you are being employed in. Along with that, you should also hold a valid job offer from a sponsoring employer.
Remarkably, the H1-B visas have an annual quota which is available per annum. It is an extremely oversubscribed application which may lead to the rejection of many individual applications.
It is recommended to submit your application as the highest priority to avoid prohibiting yourself from the quota for that particular year.
The H-2 visa is required for traveling to the United States for a temporary or seasonal job in which the US has a lack of availability of workers.
For an intra-company transfer, an L-1 visa is granted to an employee who works for a non-US company that is being transferred to a branch, parent, affiliate, or subsidiary of the same company in the US.
To be eligible for an L-1 visa, you have to be an employee at the managerial or executive level or possess some specialized knowledge that will help you get a position at the managerial or executive level in the US branch.
You also need to be employed with the international company for a minimum of one continuous year outside the US within the 3 years advance to the application.
If you are a qualified employee traveling to the US to set up a parent branch, affiliate, or subsidiary of the international company then also you may apply for an L-1 visa.
There is a visa for larger companies also that want to transfer multiple employees, which is called the blanket L-1 visa.
The O-1 visa is for people who can show extraordinary skills in their particular field of art, education, or science. Business, or film and television production.
The O-2 visa is for an individual who will go along with a person traveling on an O-1 visa to a particular event. They must be vital to the production or performance of skills that are not provided by a US worker.
The P-1/P-2/P-2/P-3 Visas are issued to athletes, artists, entertainers, and their support groups. It includes entertainers who are involved in exchange programs, performing teaching or coaching.
It is recommended to get legal advice while selecting which of the P-visas you need.
Individuals who are taking part in an international cultural exchange program to share their native culture for practical training and employment purposes may apply for a Q-1 visa.
A religious minister or worker who is a member of a bona fide nonprofit religious organization in the US and has been a member for a minimum of two years before applying may qualify for the R visa.
You must be searching to continue the mission/vocation of a minister or work in a religious organization in a professional capacity.
You need to be sponsored by a citizen of the United States, an immediate relative of a lawful permanent resident, or a US-based employer to be eligible to apply for permanent residency.
You will have to hold a relevant immigrant visa to get entry into the US and reside there permanently even if you are working or not.
These visas are granted to all the family members of a British citizen or immediate relative of a legal permanent resident of the US.
The spouse of a US citizen can apply for CR1/R1.
Children under the age of 21, who are unmarried, or parents of a US citizen, siblings, and children above the age of 21 of a US citizen are also eligible to qualify for a CR2, IR5.F-3, or F-4 visas.
Similarly, a spouse, unmarried child under the age of 21, and unmarried child over the age of 21 of a legal permanent resident can apply for an F-2A or F-2B visa.
There are multiple types of visas for every family member to apply for permanent residency in the US. it is important to apply for the right one to avoid facing delays.
Getting legal advice will help you understand which visa will best suit your relationship.
A spouse of a US citizen who is waiting for approval from a filed I-130 can travel to the United States with a K-3 visa.
Children who are waiting for approval for citizenship can travel with a K-4 visa to expect the approval of the immigration visa petition.
The K-1 visa is needed if you want to marry a citizen of the United States and will take up indefinite residency in the US after the marriage.
To qualify for this visa, both you and your fiance will have to marry within 90 days of entering the United States and must be legally free to get married.
All of the above-mentioned visas are employer-sponsored employment.
Some special immigrants need an SD, SR, SE, SQ, or SI visa. The list of these immigrants is large and your legal advisor can help you if you belong to any of these categories.
At last, employment investors and Employment creators in the US would have to apply for T-5 or C-5 visas.
Just like the temporary visas, any arrests, convictions including spent ones or cautions have to be mentioned and it may affect your application.
There are multiple steps to follow to apply for a visa. The sequence of these steps and how to complete them may differ by US Embassy or consulate. Make sure to check and verify the instructions on the official website of the US Embassy or Consulate.
The first step is to complete the online visa application form which is DS-160 and take a printout of the application confirmation page to take it along with you for the interview.
You will have to upload your relevant photograph while filling out the DS-160 form. The photograph must be uploaded according to the photograph requirements.
Interviews are mandatory for all visa applicants except for children aged 13 or below or people aged 80 or older.
You should schedule an interview at any nearest embassy or consulate where you live. The wait time for any interview may differ depending on the location, season, and visa category. Make sure to apply for an interview as soon as possible.
Pay a required amount as a fee for your visa application, you may have to pay it before your interview.
If applicable, on the approval of your visa you may also have to pay a visa issuance fee, Keep in mind that the fee is non-refundable.
Each individual has to submit a separate application when applying for a visa including those family members who are listed in your passport.
Collect these documents before going for the visa interview. You may have to submit some additional documents also so make sure to verify the checklist before submitting to avoid missing out on any document:
A consular officer will take your interview to verify whether you are eligible to get a visitor visa or not. You must demonstrate that you meet the requirements under US law to receive a visa.
After the interview, the consular officer may check if your application needs further administrative processing. The officer will inform you if this is required.
With a visa, a foreign citizen can travel to the US port of entry(generally an airport) but it does not guarantee entry to the United States.
The Department of Homeland Security (DHS), and U.S. Customs and Border Protection (CBP) officials at the entry port have the right to permit or deny your entry to the United States.
While you are in the United States, if you change your plans like you marry a US citizen or receive an offer of employment.
In such a case, you can request a change in your nonimmigrant status to some other category via U.S. Citizenship and Immigration Services.
Receiving a change of status from USCIS does not require you to apply for a new visa while in the US but once you exit the United States you have to apply for a new visa in the appropriate category.
The list of different types of visas is lengthy and choosing the right one for you is important. Getting advice from an immigration lawyer is highly recommended as this will make sure that you choose the right type of visa according to your situation.
Specialized legal advice such as Visament can help you identify which visa suits fit best with your purpose, be it a UK Visa from USA or UK to India visa, collect relevant documents, and connect with the relevant authorities to increase your chances of getting a successful outcome.
Terms |
Definition |
US Visa |
A document that permits UK citizens to enter the US for specific reasons such as tourism, business, work, or study. |
ESTA |
Electronic System For Travel Authorization; an online system verifying eligibility for traveling to the US under the visa waiver program. |
Visa Waiver Program (VWP) |
Allows citizens of certain countries, including the UK, to travel to the US for tourism or business for up to 90 days without a visa. |
B1 Visa |
A non-immigrant visa for short-term business-related travel, like meetings and conferences. |
B2 Visa |
A non-immigrant visa for tourism, holidays, or visiting family and friends. |
H1B Visa |
Non-immigrant visa for US companies to hire foreign workers in specialized occupations requiring a degree. |
L1 Visa |
Non-immigrant visa for intracompany transferees with specialized knowledge or managerial roles moving to a US office. |
O Visa |
Non-immigrant visa for individuals with extraordinary skills in fields like science, arts, or sports. |
F1 Visa |
Non-immigrant visa for students attending academic institutions in the US. |
M1 Visa |
Non-immigrant visa for students at vocational or non-academic institutions in the US. |
J1 Visa |
Non-immigrant visa for exchange visitors in cultural programs like internships and training. |
Immigrant Visa |
Visa that allows the holder to live and work in the US permanently and apply for a green card. |
DS-160 Form |
An online non-immigrant visa form is required for US visa applicants. Apply here. |
US Embassy |
The diplomatic mission of the US in the UK is located in London. |
US Consulate |
US government offices in various cities that provide consular services like visa processing. |
Visa Interview |
An in-person interview at the US embassy or consulate is required as part of the visa application process. |
Visa Application Fee |
The fee for submitting a visa application varies by visa type. Learn more about Visa Types. |
US Customs and Border Protection (CBP) |
The federal agency is responsible for securing US borders and managing entry, including visa checks at entry points. |
Immigration Lawyer |
Legal expert specializing in immigration law to help with the visa application process, eligibility, and preparation. |
Green Card |
Document granting permanent residency in the US, allowing the holder to live and work indefinitely. |
Re-entry Permit |
Document that allows US visa holders to re-enter the US after international travel, maintaining visa status. |
Visa Denial |
Rejection of a visa application due to reasons such as ineligibility or incorrect information. |