Entering US with ESTA only, when B1/B2 visa would be required

Entering US with ESTA only, when B1/B2 visa would be required - Signboard showing direction of underground station

My company planned to send me to the USA on a B1/B2 visa. However, due to a lack of foresight and planning, the visa will be issued far too late for the travel date. Now they are considering sending me with an ESTA. I am unsure whether an ESTA is sufficient for my planed tasks, but this visa stuff is all Greek to me.

What are the risks to me, personally, if my company sends me with an ESTA, but a B1/B2 visa would have been required?



Best Answer

Obligatory correction - ESTA is just permission to get on a plane. It is the Visa Waiver Program (VWP) that allows you to enter the US without a visa. People often say they are "going to the US on an ESTA" but technically they are entering under the VWP, for which having an ESTA is usually necessary. If you are researching the conditions of your entry look for the Visa Waiver Program, not ESTA.

All activities that are permitted on a B1/B2 visa are permitted under the Visa Waiver program. So if a B1/B2 was sufficient for your travel then the VWP will be sufficient also, with the following conditions:

  • You must be a citizen of a country that is eligible for the VWP.
  • Your visit must be less than 90 days
  • You must not be excluded from the VWP for any other reason. This includes previous denials of US visas, or connections with or visits to excluded countries.

For more details start at this page.




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Do I need ESTA with a B1 B2 visa?

Do I need to apply for an ESTA? If you already have a B1/B2 or any other valid visa and you are traveling for the purpose in which it was issued, you do not need to apply for an ESTA authorization.

Is ESTA a B1 or B2?

If you hold a nationality other than the 39 that are eligible for the ESTA, then you require what's called a B1/B2 visa to enter the United States. To explain this visa's name, 'B1/B2' refers to its legal categories: 'B1' is for business trips, while 'B2' is for tourism (pleasure) visits.

Can I apply for a B2 visa if I have an ESTA?

The down side is that applicants entering on Visa waiver can only stay in the U.S. for 90 days and they cannot change or adjust status. (adjustment of status can be done if you marry a U.S. citizen). Can I Set up my E-2 visa while on ESTA? Yes.



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More answers regarding entering US with ESTA only, when B1/B2 visa would be required

Answer 2

The activities allowed under the Visa Waiver Program (the program that you enter the US with when using an 'ESTA') are exactly the same as those allowed when entering under a B1/B2 visa.

The only situations where a B1/B2 visa would be required for someone that is eligible to enter under the Visa Waiver Program would be if you were wanting to stay for more than 90 days, or if your ESTA application was denied. (There are also a few other corner cases around change-of-status once you're in the US, but these are generally not relevant).

Thus presuming you are not planning on staying more than 90 days, there is zero additional risk for you entering the US using an ESTA than using a B1/B2 visa.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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