Esta or visa if transiting through a U.S. airport

makeorbrake · 07-01-2018 12:04am #1

I'm travelling next week to a destination that requires me to transit through a U.S. airport. I won't be leaving the airport - should just be there for a couple of hours whilst I await my next flight.

1. Do I need an Esta or visa of some sort in this instance?

2. I've obtained an Esta in the past (2015). Do they remain valid or would I have to get another one? I don't even remember what form they were in - should I have paperwork to reflect the Esta?

3. In 2016, I obtained a B1 visa on the basis that I was working for my employer in the U.S. temporarily - for training purposes. Is this of any relevance to my circumstances above?

RobertKK · 07-01-2018 12:20am

Your plane will be landing in the US so you will need an ESTA.

If your last ESTA was in 2015 it will have expired as it lasts for 2 years.

I can't answer number 3. But I would get the ESTA sorted and then you will be fine.

mmg0305 · 08-01-2018 9:55am

If your B1 is still valid, you don't need ESTA. I have one since about 2010 and it still has a couple of years left.

coylemj · 08-01-2018 12:16pm

mmg0305 wrote: »

If your B1 is still valid, you don't need ESTA. I have one since about 2010 and it still has a couple of years left.

+1 you'd normally get a B-2 (leisure) at the same time in which case you're covered if they are still current and cover multiple entry.

Either way, the ESTA will only cost $14 and will remove any doubts. I'd get the ESTA if I was the OP.

You definitely need ESTA or a current visa to transit through a US airport.

makeorbrake · 08-01-2018 8:56pm

mmg0305 wrote: »

If your B1 is still valid, you don't need ESTA. I have one since about 2010 and it still has a couple of years left.

I thought that - was 90% sure but for the sake of $14, I filled out the ESTA application. Don't want any hassle.

By the way, for any of you going for an ESTA, mind those bloody third party sites. Was filling mine out when also on the phone to someone. Didn't realise that I was on a third party site. The barstewards charged me $89 for the privilge. Quick mail warning them that I'd initiate a chargeback and they backed off!

Buyer Beware.

GlennaMaddy · 08-01-2018 11:11pm

I had a valid b1 and b2 but got and esta just in case and it caused me load of hassle. I think they didnt believe I was genuine, got in but cost me 2 hours.

makeorbrake wrote: »

I thought that - was 90% sure but for the sake of $14, I filled out the ESTA application. Don't want any hassle.

By the way, for any of you going for an ESTA, mind those bloody third party sites. Was filling mine out when also on the phone to someone. Didn't realise that I was on a third party site. The barstewards charged me $89 for the privilge. Quick mail warning them that I'd initiate a chargeback and they backed off!

Buyer Beware.

makeorbrake · 09-01-2018 4:14pm

GlennaMaddy wrote: »

I had a valid b1 and b2 but got and esta just in case and it caused me load of hassle. I think they didnt believe I was genuine, got in but cost me 2 hours.

Huh? They didn't think you were genuine when you had both b1/2 and ESTA?

How does that work?

Before - when using the B1 - I was asked the nature of the work (training) I was doing, etc. I also had a letter from my employer. The guy still said that they company shouldn't really be using the B1 for the duration I was staying and for the purpose I was using it for...but let me go in any event.

Surely if you have an ESTA - that should be the end of it?

coylemj · 09-01-2018 5:06pm

makeorbrake wrote: »

Before - when using the B1 - I was asked the nature of the work (training) I was doing, etc. I also had a letter from my employer. The guy still said that they company shouldn't really be using the B1 for the duration I was staying and for the purpose I was using it for...but let me go in any event.

Training on behalf of your employer is work, you could easily have met a different agent (perhaps a newbie with a supervisor looking on) and have been refused entry without a B-1.

makeorbrake · 09-01-2018 10:43pm

coylemj wrote: »

Training on behalf of your employer is work, you could easily have met a different agent (perhaps a newbie with a supervisor looking on) and have been refused entry without a B-1.

Yes, I had the B1 for that back then - together with documentation stating that I was only training with a view towards technology transfer back to Ireland - and that I was being paid by my employer in Ireland all the while ..NOT by any entity in the U.S.

GlennaMaddy · 09-01-2018 10:50pm

makeorbrake wrote: »

Huh? They didn't think you were genuine when you had both b1/2 and ESTA?

How does that work?

Before - when using the B1 - I was asked the nature of the work (training) I was doing, etc. I also had a letter from my employer. The guy still said that they company shouldn't really be using the B1 for the duration I was staying and for the purpose I was using it for...but let me go in any event.

Surely if you have an ESTA - that should be the end of it?

They must have a "norm" where 1 visa is expected and anything outside that norm raises suspicions. Phone was inspected and load of questions about my FB feed but I think that was just to rattle me as straight after they said thanks for visiting the US and let me in

whomitconcerns · 10-01-2018 7:56am

If you have a valid visa you should not get an esta also. This is in the terms that dhs publish.

Riskymove · 10-01-2018 4:11pm

whomitconcerns wrote: »

If you have a valid visa you should not get an esta also. This is in the terms that dhs publish.

yes but you could have a visa for training which is not a valid visa for holiday

coylemj · 10-01-2018 4:56pm

Riskymove wrote: »

yes but you could have a visa for training which is not a valid visa for holiday

Last time I got a B-1 (work), they gave me a B-2 (leisure) as well, I think they go together like the proverbial horse and carriage

BTW, it's debatable whether you actually need a B-1 if you are not being paid by a company in the US. If your Irish employer sends you to the US on business e.g to negotiate a sale or train people like the OP or to do a training course yourself but nobody in the US is paying you, you should be ok under the visa waiver program (VWP) and ESTA.....

Who is required to apply for ESTA?

All eligible nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under VWP are required to receive an authorization through ESTA prior to boarding a U.S.-bound airplane or vessel.

https://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel

And take note ....

I have 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.

whomitconcerns · 10-01-2018 9:13pm

Riskymove wrote: »

whomitconcerns wrote: »

If you have a valid visa you should not get an esta also. This is in the terms that dhs publish.

yes but you could have a visa for training which is not a valid visa for holiday

That's what I was saying. If you have a "valid visa"

Esta or visa if transiting through a U.S. airport

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