FIFA World Cup 2026: ESTA v Visa

FIFA World Cup 2026: ESTA v Visa – The common misunderstandings

For the millions of supporters expected to travel to the United States for the upcoming FIFA World Cup, securing the correct immigration permission will be an important part of their travel preparations.

While many fans from countries such as the UK may be eligible to travel under the Visa Waiver Program using an Electronic System for Travel Authorisation (ESTA), it is a common misconception that everyone can simply apply online and travel. An ESTA is not a visa, and certain travel histories, criminal convictions, immigration issues, or nationality-related restrictions may make an individual ineligible, requiring a visa application instead. Fans should, therefore, check their eligibility well in advance of travel to avoid unexpected issues that could disrupt their World Cup plans.

Many travellers believe that obtaining an ESTA means they have been granted a visa. It has not.

An ESTA is simply permission to travel to the U.S. under the Visa Waiver Program. The final admission decision is made by officers of U.S. Customs and Border Protection upon arrival.

Approval of an ESTA does not guarantee entry

Even with a valid ESTA, a traveller can be refused admission at the border if concerns arise regarding:

• Purpose of travel
• Previous immigration history
• Criminal convictions
• Length of intended stay
• Suspected employment activities

“I’m only going for a few days” does not determine immigration status

The nature of the activity matters more than the duration.

A traveller carrying out work that requires a work-authorised visa may still be in breach of immigration rules even if the trip lasts only one day.

Receiving no U.S. salary does not automatically make ESTA appropriate

Many assume that if they remain on a UK payroll, they can travel under ESTA for any work-related purpose.

U.S. immigration authorities focus on the activities being undertaken and who benefits from the work.

Whether the traveller is filling a role in the U.S. labour market rather than solely on where the salary is paid.

ESTA is not suitable for long-term or repeated business travel

Frequent entries can attract scrutiny. Border officers may question travellers who:

• Spend substantial time in the U.S.
• Make frequent back-to-back visits
• Appear to be effectively living or working in the U.S.

A valid ESTA can be cancelled

An ESTA remains valid for up to two years (or until passport expiry), but it can be revoked if circumstances change, including:

• New criminal issues
• Immigration violations
• Changes in eligibility under the Visa Waiver Program

Previous entry does not guarantee future entry

A traveller may have entered successfully on multiple occasions, but each admission is assessed independently.

The fact that a particular activity was previously permitted does not mean it was necessarily compliant or will be permitted again.

Dual nationals can face different rules

Certain dual-nationality issues and travel histories may affect ESTA eligibility, requiring a visa application instead.

Immigration and tax rules are different

A traveller may be compliant from an immigration perspective while creating:

• U.S. tax exposure
• Corporate tax risks
• Employment law issues
• Permanent establishment concerns

Businesses should consider all regulatory implications, not just immigration requirements.

Key takeaway

With the FIFA World Cup fast approaching in the United States, millions of football supporters will be making travel arrangements to follow their national teams. While many travellers will be eligible to enter the USA using an ESTA under the Visa Waiver Program, fans should not assume that an ESTA is automatically available to everyone. Certain criminal convictions, previous immigration issues, travel history, or nationality-related restrictions may mean that a traveller requires a visa instead.

Given the significant demand expected for U.S. entry clearance ahead of the tournament, supporters should review their immigration position at an early stage to ensure they obtain the correct permission to travel, and avoid any last-minute disruption to their World Cup experience.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any contained in this blog, please seek solicitor’s advice from Gilson Gray.