ESTA vs. Visa: Purpose, Period of Validity, and Other Facts | ALG Lawyers

Published: August 21, 2023

According to International Trade Administration, the United States had 5,210,752 visitors in 2022 who were not US residents. Some of them were tourists who took advantage of the Visa Waiver Program. While under this program, travelers must obtain a permit through ESTA or Electronic System for Travel Authorization. Considering the jargon involved, it is possible for travelers not well-versed in immigration terminologies to improperly distinguish the difference between ESTA and visa.

As a non-resident traveler currently in the US or planning to go there, it is crucial to learn about ESTA. It may seem similar to a visa, but both have substantial features and functions. For your queries and concerns, consult ALG Lawyers.

What is ESTA?

ESTA is a computerized system managed by the Department of Homeland Security’s Customs and Border Protection (CBP) department. Its purpose is to filter which non-US citizens and residents are eligible to travel within US territories. After travelers arrive, CBP officers inspect the traveler’s admissibility and check for their biographic information. The authorization that travelers get visa ESTA allows them to travel to the US without a visa.

What is a visa?

A visa is an authorization a government issues to non-citizens. It enables immigrants to lawfully enter and stay within the borders of the issuing country. Non-citizens may study, work, start a business, or hire workers depending on their visa categories. Most visas are attached or stamped inside a person’s passport.

Difference Between ESTA and Visa

Visitors qualifying for the US Visa Waiver Program (VWP) may acquire ESTA. The VWP permits eligible persons to travel within US borders for a maximum of ninety (90) days. The purpose of their travel should be for tourism or business. In contrast, a visa may enable eligible individuals to stay and travel within the United States for more than 90 days. Their length of stay depends on their visa category.

Another notable difference between ESTA and visa is that the former is non-renewable while the latter is renewable. Travelers entering the US through ESTA should leave the US within 90 days after entry and file another application if they wish to revisit. For visa holders, they may file for a renewal at a US embassy or consulate in their home state. 

The difference in processing time between ESTA and a visa vary drastically. Receiving ESTA permissions takes a few days to finish. On the other hand, visas take longer and require applicants to undergo screenings and submit multiple documents. Visa application processes can run for a week or more.

Note: ESTA does not open a path for permanent residency, but some visa categories do. Prime examples include the IR-1 visa and EB-1 visa.

Which one is better?

If you intend to be a transient and stay within the United States for less than 90 days, ESTA may be the better choice. However, if you want to study, work, or apply for permanent residency, better to get a visa that matches your goals.

Reminders When Applying for ESTA

Receiving ESTA authorization is relatively simpler than applying for a visa. But like other visa processes, it is best to stay meticulous at any phase to ensure a higher approval rate. When you decide to apply for ESTA, take note of the following:

1. Determine first if you are eligible for ESTA. Only citizens or nationals from the following countries may qualify:

2. Ensure that you have a valid passport and it does not expire for another six (6) months following your exit from the United States.

3. Pay the application and processing fees.

4. Acquire ESTA at least seventy-two (72) hours prior to your trip to United States.

5. Your ESTA application will remain valid for two (2) years. You must file for another one after expiry.

Types of ESTA Application Responses

After sending your application to the US Department of Homeland Security, Customs and Border Protection (CBP), it may provide you with three potential responses. You may find either of the following in the official notice:

Authorization approved

If you received a notice indicating “Authorization Approved,” your application has been granted. You may now travel to the United States with your ESTA. Check the authorization if there are clerical errors, especially with your passport details. Also, it is advisable to print a copy of your ESTA while traveling so you can readily present it at the port of entry.

Authorization pending

When the notice says “Authorization Pending,” your application is still undergoing the screening process. The processing officers could be checking on some matters, or there could be a long queue of applications. You may check on the CBP website for updates. You will most likely receive a final response within the next 72 hours.

Travel Not Authorized

If you received a notice stating “Travel Not Authorized,” your application has been denied. Fortunately, receiving this remark does not mean you can no longer apply for ESTA. After addressing the reasons for the denial, you may file a new application.

Possible Reasons for Your ESTA Application Denial

Here is a list of the most common reasons for ESTA application denial:

• You answered “Yes” to at least one (1) of the nine (9) questionnaires
• Criminal records
• Previously rejected visa or ESTA applications
• Unlawful stay
• Working without an authorized work visa
• Previously deported from the United States
• Exact name match with criminally wanted persons

Seek legal help

Immigration lawyers are extremely helpful when dealing with ESTA-related dilemmas. When your application is denied, an immigration attorney could help troubleshoot the problem and offer practical solutions. With their background and training, they can aptly guide you in making the best decisions. Their legal insight could also provide you with peace of mind, especially when you are flying soon.

Hassle-Free US Travels with Visa Lawyers in Los Angeles

Whether you travel to the United States for work, leisure, or other purposes, ensure you have the correct documents. Having trouble with any of your travel papers can derail your plans. If you travel without a visa through the Visa Waiver Program, it would be so much better to work with an experienced visa lawyer.

Other than learning the difference between ESTA and visa, visa lawyers can help simplify the processes in all stages. If you need competent Los Angeles immigration lawyers, get in touch with ALG Lawyers. We are committed to solving your immigration-related problems as seamlessly as possible.