Obtaining a Visa
The threshold question for employees to be transferred to the United States is whether they are classified as non-immigrants or immigrants. Non-immigrants come to the United States temporarily to carry on activities in accordance with the terms of a nonimmigrant visa. Immigrants enter the United States under an immigrant visa and reside here indefinitely in lawful permanent resident status (evidenced by a “green card”).
The State of California and the city of San Francisco are not involved in the issuance of visas. Necessary forms and filing procedures are supplied by the in-country U.S. Embassy. Address and contact information for U.S. Embassies around the world can be found on the U.S. Department of State website.
It is highly recommended that a California-based immigration attorney be consulted to clarify which type of visa may be most appropriate for the individual and the company. Please contact SFCED for additional information.
Information regarding the different visa types is available online from the U.S. Department of State website.
Foreign citizens traveling to the U.S. for 90 days or less, from certain eligible countries, may also be able to visit the U.S. through the Visa Waiver Program if they meet requirements, including having a valid Electronic System for Travel Authorization (ESTA) approval.
Those eligible countries are:
| Andorra | France | Liechtenstein | San Marino |
| Australia | Germany | Lithuania | Singapore |
| Austria | Greece | Luxembourg | Slovakia |
| Belgium | Hungary | Monaco | Slovenia |
| Brunei | Iceland | Netherlands | South Korea |
| Czech Republic | Ireland | New Zealand | Spain |
| Denmark | Italy | Norway | Sweden |
| Estonia | Japan | Portugal | Switzerland |
| Finland | Latvia | Republic of Malta | United Kingdom |
Additionally, citizens of Canada and Bermuda traveling for visitor visa purposes don’t need a visa, with some exceptions.
To apply for the Electronic System for Travel Authorization please visit the U.S. Customs and Border Protection website.
