Chapter 3 Seeking a Visitor Visa to Pursue Graduate Medical Training in the United States

• Jurisdiction: United States

Physicians seeking to pursue graduate medical training in the United States need to make at least one trip to the country ahead of time in order to take the U.S. Medical Licensing Examination (USMLE) Step 2 Clinical Skills examination and to interview with residency and fellowship programs. This normally requires a B-1 business visitor visa. Physicians pursuing clinical observerships also need a visitor visa. The visa is then presented at a port of entry where a U.S. Customs and Border Protection (CBP) officer will admit the physician (normally for the amount of time necessary to complete the purpose of the trip to the United States).

Who needs a visitor visa?

Visitors from most countries seeking entry to the United States must first seek a visa at a U.S. consulate; however, there are a number of exceptions. Nationals of some countries do not require actual visa stamping to enter the United States in a visitor status. Canadians, Bermudans, and certain nationals of Caribbean and Pacific Island countries can enter the United States without a visitor visa but must present a passport. Mexicans generally require a passport and visa unless they have a Border Crossing Card.

Nationals of 38 countries also are permitted entry without a visitor visa under the Visa Waiver Program (VWP), which includes the following countries:

• Andorra

• Australia

• Austria

• Belgium

• Brunei

• Chile

• Czech Republic

• Denmark

• Estonia

• Finland

• France

• Germany

• Greece

• Hungary

• Iceland

• Ireland

• Italy

• Japan

• Latvia

• Liechtenstein

• Lithuania

• Luxembourg

• Malta

• Monaco

• Netherlands

• New Zealand

• Norway

• Portugal

• San Marino

• Singapore

• Slovakia

• Slovenia

• South Korea

• Spain

• Sweden

• Switzerland

• Taiwan

• United Kingdom

Nationals of these countries can enter the United States without visa stamping for up to 90 days (which differs from those entering on B-1 visas who may end up with shorter or longer permitted stays). They are permitted to enter only for business, pleasure, or transit, and must have a return or onward ticket. They also must possess a machine-readable passport (there are some exceptions to this rule during a phase-in period) and not otherwise be inadmissible to the United States (e.g., for past criminal violations).

All VWP participants entering the United States by air or sea must use the online Electronic System for Travel Authorization (ESTA) at https://esta.cbp.dhs.gov/esta/. Travelers must enter their data in ESTA and be cleared for travel before coming to the United States. Failing to complete ESTA can result in a person being denied entry to the U.S.-bound aircraft or vessel.

ESTA approval is not always instantaneous and CBP recommends completing the ESTA application no later than 72 hours prior to travel. ESTA asks for information similar to the Form I-94W, Nonimmigrant Visa Waiver Arrival/ Departure Record, completed on the airplane or vessel, including the applicant’s name, date of birth, duration of the trip, address in the United States, and whether the applicant has been convicted of a crime.

The visa validity period will vary de-pending on reci-procity relation-ships be-tween the home country and the United States.

For most countries, the visa will permit multiple entries for 10 years. This means that a person can seek entry to the United States on multiple occasions over the 10-year period by present-ing the visa stamp at the port of entry.

Note, however, that the CBP of-ficer at the port of entry will issue another docu-ment—a Form I-797, No-tice of Action—that limits the length of time permitted on the particular trip to the United States.

Many visi-tors are confused by the visa hav-ing a 10-year expi-ration date and mistakenly believe they can remain in the United States until the visa has expired.

While ESTA approval lasts for two years or until the applicant’s passport expires, applicants should log in to the website and change destination addresses and itineraries for future trips. Note also that there is a small charge for using ESTA (currently $4 for processing and an additional $10 if the application is approved).

Individuals who travel to the United States using the VWP may not extend their stays beyond the initial 90-day period of authorized stay and may not change from VWP to any other nonimmigrant status within the United States. VWP travelers are authorized only to stay in the United States as visitors for 90 days.

What are legitimate reasons for...