United States visas
Encyclopedia
United States Visas were issued to 6.6 million foreign nationals visiting the United States
and to 470 thousand immigrants in 2008.
A foreign national wishing to enter the U.S. must obtain a visa
unless he or she is
There are separate requirements for Mexican citizens.
While there are about 185 different types of visas, there are two main categories of U.S. visas:
In order to immigrate, one should either have an immigrant visa or have a dual intent
visa, which is one that is compatible with making a concurrent application for permanent resident status (Green Card), or having an intention to apply for permanent residence.
Entering the U.S. on an employment visa may be described as a three-step process in most cases. First, the employer files an application with U.S. Citizenship and Immigration Services requesting a particular type of category visa for a specific individual. If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa. The individual then applies for a visa and is usually interviewed at a U.S. embassy or consulate in the native country. If the embassy or consulate gives the visa, the individual is then allowed to travel to the U.S. At the border crossing, airport, or other point of entry into the U.S., the individual speaks with an agent from U.S. Customs and Border Protection
to ask to admission to the U.S. If approved, the individual may then enter the U.S.
Contrary to a popular misconception, a U.S. visa does not authorize the alien's entry to the United States, nor does it authorize the alien's stay in the U.S. in a particular status. A U.S. visa only serves as a preliminary permission given to the alien to travel to the United States and to seek admission to the United States at a designated port of entry. The final admission to the United States in a particular status and for a particular period of time is made at the port of entry by a U.S. immigration officer. For aliens entering the U.S. in a nonimmigrant visa status these details are recorded by the immigration officer on the alien's Form I-94 (Form I-94W for citizens of the Visa Waiver Program
countries entering the U.S. for short visits), which serves as the official document authorizing the alien's stay in the United States in a particular non-immigrant visa status and for a particular period of time.
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant (except certain employment-related applicants, who are exempt) is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
All tourist visa applicants must pay a $140 U.S. dollar interview fee (up from $131 before June 4, 2010) to a US Consulate in order to be interviewed by a Consular Officer who will determine if the applicant is qualified to receive a visa to travel to the U.S (additionally, the officer may also ask the United States Department of State
for a Security Advisory Opinion
, which can take several weeks to resolve). If the applicant is rejected, the $140 fee is not refunded. Amongst the items included in the qualification decision are financial independence, adequate employment, material assets and a lack of a criminal record in the applicant's native country.
The immigration visa process is even more stringent and costly. After all processing fees have been paid, most immigration visa applicants pay well over 1,000 U.S. dollars to become permanent residents in the United States and are forced to wait several years before actually immigrating to the U.S.
to engage in official activities for that government." A visas are granted to foreign government ambassador
s, minister
s, diplomat
s, as well as other foreign government officials or employees traveling on official business. The A visa is also granted to immediate family members of such foreign government officials, defined as "the principal applicant's spouse and unmarried sons and daughters of any age who are not members of some other household and who will reside regularly in the household of the principal alien" and which "may also include close relatives of the principal alien or spouse who are related by blood, marriage, or adoption
who are not members of some other household; who will reside regularly in the household of the principal alien; and who are recognized as dependents by the sending government.
, officially known as the Mutual Educational and Cultural Exchange Act of 1961 . The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs
.
In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
" which can be determined using nearly any source, including the employer's own wage survey.
When the employer submits the LCA, the law specifically limits the approval process so that LCAs may only be rejected if they be "incomplete or obviously inaccurate" (8 U.S.C. 1182 (n)). An employer may claim anything is the prevailing wage and the LCA is certain to be approved. In F.Y. 2005 <<1% of LCAs were rejected. In cases where the prevailing wage source is not valid (e.g. a national survey rather than a local one or a survey of entry level wages rather than one for the occupation and location) or where the prevailing wage is misstated (e.g. fabricated or using the 25th percentile wage) the LCA routinely will be approved.
Contrary to popular myth, there is no requirement whatsoever that employers must prove they could not find U.S. workers before hiring H-1B workers. In the case of "H-1B-dependent employers" (usually those with more than 15% of their workers on H-1B visas), the law requires these employers to recruit U.S. workers in "good faith" (8 U.S.C. 1182(n) (1)(G)). However, there is no effective enforcement mechanism in place.
As a general rule, a person who is in one non-immigrant status may not change status or change employers in that status until he or she applies with USCIS for such a change, and such change is granted. However, a provision called "H-1B portability" permits certain individuals already in the United States in H-1B status to commence employment for a new employer once a new employer's H-1B petition is filed with USCIS.
In order to obtain an H-1B visa, the employer must show that it will pay the higher of the prevailing local wage or the wage it pays other U.S. citizens who have similar education and experience. The employer is not required to prove there are no American workers available to perform the work. However, some economists saw H-1B expansion as an assault on the American middle class that benefited the wealthy and made it impossible to maintain traditional American standards of living, or provide incentives to improve productivity as rapidly as nations like Japan with more restrictive immigration policies.
The companies who hired workers on H-1B visas often argue that the U.S. lacks enough skilled American workers to do the specific work needed by the company. Many economists argue that hiring these foreign workers provides more benefits to the U.S., and otherwise the recruiting companies would simply offshore the entire operation. It was claimed this would likely prove worse for the U.S. economy as a whole, because in the first scenario foreign national workers living in the United States would at least spend money in the United States, while the multi-national corporations that would purportedly export the jobs to overseas locations would probably not pass down as much of the savings to the U.S. consumer who purchased from them.
To qualify as an international executive, the employee must meet the following requirements:
To qualify as an international manager, the employee must meet the following requirements:
To qualify as a specialized knowledge transferee, the employee must meet the following requirements:
An employee has specialized knowledge if the knowledge is different from that generally found in the particular industry. Possible characteristics of an employee who possesses specialized knowledge include knowledge that is valuable to the employer's competitiveness in the market place; knowledge of foreign operating conditions as a result of special knowledge not generally found in the industry; has worked abroad in a capacity involving significant assignments which have enhanced the employer's productivity, competitiveness, image or financial position; possesses knowledge which normally can be gained only through prior experience with that employer; or possesses knowledge of a product or process which cannot be easily transferred or taught to another individual. A lengthy discussion by the Administrative Appeals Office about L-1B requirements can be found in a decision from August 2007 known only by its file number, LIN 06 003 52015.
A TN position must require services of a NAFTA professional whose profession is noted in Appendix 1603.D.1(see attached Appendix 1603.D.1); the TN employee must possess the credentials required as well as proof of qualifying citizenship. TN status allows unlimited multiple entries to the U.S. for the period of service required by the U.S. employer (includes foreign employers), up to a maximum of three years, and can be extended indefinitely as long as the temporary purpose of the employment continues.
There is no annual cap on TN work permits (unlike the H-1B visa).
Other NAFTA Admissions Categories
Nationals Canada and Mexico may also seek admission as B-1 (business visitor), E-1 (treaty trader), E-2 (treaty investor), or L-1 (intra-company transferee) nonimmigrants under NAFTA. This bulletin does not address those alternatives.
Canadians may apply for TN-1 classification directly at a U.S. Class "A" port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-flight/pre-clearance station in Canada. Visa might be required under certain circumstances (see below).
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
Canadian citizens are visa exempt and do not need consular visas to travel or apply for admission to the U.S. TN-1 applicants at land ports-of-entry must also pay a modest I-94 fee. However, a Canadian residing in another country with a non-Canadian spouse and child would need a visa to enable the spouse and child to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. Canadians applying for a visa will follow the same documentation requirements as Mexican Citizens. Each U.S. Embassy or Consulate website has its own procedures to schedule an interview appointment, pay the fees and any other instructions.
For the Canadian Citizens that require a visa, and Mexican Citizens, it is required to fill an Online Nonimmigrant Visa Electronic Application, Form DS-160.
Other requirements are:
Although not required, proof of licensure to practice a given profession in the U.S. may be offered along with a job offer letter, or other documentation in support of a TN visa application.
Note: Dependents are not required to be Canadian or Mexican citizens.
will allow them to stay in the U.S. for 90 days to marry the petitioning citizen and apply for adjustment of status to legal permanent resident. If the marriage is not concluded within that time, the fiancé(e) will be subjected to removal proceedings
. Compliance with the International Marriage Broker Regulation Act (IMBRA) IMBRA limits the number of K1 fiancee visa petitions a sponsor can file or have approved without seeking a waiver of the limits. Additionally, the child of a fiancee may receive a derivative K-2 visa from his/her parent's fiancee petition. The child may travel with your fiancee or travel later within one year from the date of issuance of the K-1 visa to their parent. A separate petition is not required if the children accompany or follow your fiancee within one year from the date of issuance of her K1 visa. If it is longer than one year from the date of visa issuance, a separate visa petition is required. In the case of spouses, the K-3 visa is valid for two years and may be extended indefinitely as long as the marriage on which it is based is not dissolved. The holders of K-3 and K-4 status are eligible for work authorization and may leave and re-enter the United States as long as their visas are still valid.
, if passed, would create a new family category, "Permanent Partner", allowing foreign partners recognition by USCIS. The term "Permanent Partner" was established to avoid sensitivities about same-sex marriage
and civil unions.
However, same-sex partners of non-U.S. citizens can qualify for temporary visas to the U.S. on the basis of their relationship according to the U.S. State Department, which effectively gives U.S. citizens fewer rights than non-citizens seeking to live with their same-sex partners in the U.S.
process, i.e. that of becoming a legal permanent resident (LPR). It requires that the foreign national in question file an I-485 Application for Adjustment of Status, most often based on a preexisting and approved or approvable I-140 Immigrant Petition for Alien Worker or I-130 Petition for Alien Relative. Due to comprehensive immigration reform in 2002, I-485 applications and I-130 or I-140 petitions may be filed concurrently given the immediate availability of an immigrant visa number. The application must be filed with an I-693 Medical Examination of Alien issued by a licensed Civil Surgeon and a G-325A Biographic Information form, which documents provide a complete medical and immunological history as well as a record of the foreign national's places of employment and residence for the last five years. The USCIS then sets a date for the foreign national to have their fingerprints, picture and signature recorded for their FBI background check and entry in the USCIS database. A usually perfunctory interview with a USCIS officer is required in the vast majority of cases.
A pending adjustment of status application entitles the applicant to work and travel authorization in the forms of an Employment Authorization Document (EAD) card and Advance Parole documents that must be renewed on a yearly basis. The application may be considered abandoned if the applicant does not attend a biometrics appointment or interview. Applications may also be denied for any of the following reasons:
If an adjustment application is approved, a permanent residency card (green card
) valid for ten years is issued to the applicant. After five years LPRs are eligible to apply for naturalization
, except that an LPR who obtained their green card through marriage may apply for naturalization after only three years if he or she is still living with the same spouse who originally filed the petition for the LPR.
Legal permanent residents (LPR)s, have some restrictions on their rights. If they marry a foreign born spouse, the green card holder may have to remain separated for years from his spouse or family while the paper work needed to get immigration authorization grinds through the system. The option of returning to their original home to immediately effect a reunion with their spouse and family is often not attractive.
INA 245(i) was initially enacted by Congress in 1994, with an expiration of November 1997. INA 245(i) allowed otherwise ineligible 'adjustment of status' applicants to apply for and receive green cards in the United States by paying a $1,000 fine.
In late 1997 amid much controversy, the law was extended to allow Immigrant Visa Petitions or Labor Certifications filed before January 14, 1998 to be 'grandfathered', essentially extending the time limit for 'adjustment of status.'
With INA 245(i) set to expire on January 14, 1998, a mechanism was implemented to unite families—effectively expediting entry of spouses and their children into the United States—by creating a nonimmigrant classification for families of LPRs through the Legal Immigration Family Equity Act of 2000 (the LIFE Act), signed into law by President Clinton on December 21, 2000 as Public Law 106-553.
The LIFE Act extended, until April 30, 2001 the "grandfathering deadline" of the previous amendment to Section 245(i) of the Immigration & Nationality Act (INA), giving applicants who failed to meet the previous 1997 INA deadline, a second extension in which to file an Immigrant Visa Petition or Labor Certification.
This extension to applicants for Immigrant Visa Petitions or Labor Certifications who filed prior to April 20, 2001, who were physically present in the United States, allowed them to be 'grandfathered', as was permitted with the previous extended deadline of INS 245(i), and gives applicants the opportunity to transfer their eligibility later.
Section 1102 of President Clinton's LIFE Act of 2000 amended section 101(a)(15) of the Act (8 U.S.C. 1101(a) (15)) adding a new nonimmigrant classification, paragraph ('V' visa), for certain spouses and children of lawful permanent residents (LPRs), who have waited at least three years for the availability of an immigrant visa number in the family-based second (F2A) preference category in accordance with the State Department's monthly Visa Bulletin.
Section 1102 also added section 214 (o) to the Act (8 U.S.C. 1184(o)) in order to provide the terms and conditions of V nonimmigrant status and employment authorization, and makes conforming amendments to sections 214 (b) and 214 (h) of the Act (8 U.S.C. 1184 (b) and 1184 (h)) to include reference to the V non-immigrant classification.
Prior to the passage of the LIFE Act of 2000, aliens who were married to a U.S. Citizen and living abroad had to obtain an immigrant visa 'outside of the United States' prior to admission.
Following President Clinton's signing and enactment of the LIFE Act of 2000, spouses of U.S. Citizens and their children who were beneficiaries of pending or approved visa petitions could be admitted initially as nonimmigrants and adjust to immigrant status later while in the United States.
This amnesty allowed aliens already present in the U.S. to obtain 'V' non-immigrant status while remaining in the United States. In addition spouses and unmarried children under 21 years old could apply for visa abroad and for admission to the United States as a 'V' nonimmigrant.
The 'K' nonimmigrant classification in the LIFE Act of 2000 was limited to a fiancee or fiancee of a U.S. citizen seeking to enter the U.S. to complete a marriage within 90 days of entry, and the fiance/fiancee's child.
However, changes were made to the LIFE Act of 2000 and effective August 14, 2001 at Subsection 1103(a), which amended section 101(a)(15)(K) of the Act, and implemented a new "K" non-immigrant classification.
Subsection 1103(a) redesignates the "K" non-immigrant classification as section 101(a)(15)(K)(i) of the Act, adds a classification for the spouse of a U.S. Citizen at section 101(a)(15)(K)(ii), and classifies the children of aliens at section 101(a)(15)(K)(iii) of the Act.
The new section 101(a)(15)(K)(ii) of the Act has three requirements for an alien to obtain this nonimmigrant classification.
More information on the LIFE Act of 2000, the August 14, 2001 and other amendments can be perused online at the U.S. Citizenship and Immigration Services (USCIS) website, or by contacting a local Services field office.
Legal Permanent Residents (LPRs), more commonly known as Green Card holders, are foreigners who do not have U.S. citizenship but are permitted to live and work there. Those who have opted to get married to non U.S. citizens are unable to bring their spouses and families directly to the U.S.. The foreign spouse of a U.S. Green Card holder must wait for approval of an 'immigrant visa' from the State Department before legally entering the U.S.. Due to a backlog in processing, such visas can sometimes take upwards of five years to be approved. In the interim, the foreign born spouse and family cannot enter the U.S. on any other visas, or as visitors. LPRs always have the option to return to their country of citizenship, but if they want to stay in the U.S. and stay married to their "foreign" family they are in a unique situation:
The V visa
page has more details on the V visa as enacted by the LIFE Act.
is not a visa according to the US law. But it is a system where an approved application is needed before a visit to the US, several days before, which is very close to a visa requirement. It is mandatory from January 2009 for people from many countries in the Visa Waiver Program
.
The principle is sometimes called Electronic Visa and can be applied over the internet by oneself or through a travel agent.
Grounds for denial may include, but are not limited to:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and to 470 thousand immigrants in 2008.
A foreign national wishing to enter the U.S. must obtain a visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
unless he or she is
- a citizen of one of the thirty-six Visa Waiver ProgramVisa Waiver ProgramThe Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
countries, - a citizen of CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, BermudaBermudaBermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...
the Cayman IslandsCayman IslandsThe Cayman Islands is a British Overseas Territory and overseas territory of the European Union located in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac, and Little Cayman, located south of Cuba and northwest of Jamaica...
, the Republic of the Marshall Islands, the Federated States of MicronesiaFederated States of MicronesiaThe Federated States of Micronesia or FSM is an independent, sovereign island nation, made up of four states from west to east: Yap, Chuuk, Pohnpei and Kosrae. It comprises approximately 607 islands with c...
, or PalauPalauPalau , officially the Republic of Palau , is an island nation in the Pacific Ocean, east of the Philippines and south of Tokyo. In 1978, after three decades as being part of the United Nations trusteeship, Palau chose independence instead of becoming part of the Federated States of Micronesia, a...
(citizens of the Bahamas and the Turks and Caicos IslandsTurks and Caicos IslandsThe Turks and Caicos Islands are a British Overseas Territory and overseas territory of the European Union consisting of two groups of tropical islands in the Caribbean, the larger Caicos Islands and the smaller Turks Islands, known for tourism and as an offshore financial centre.The Turks and...
may enter without visa if traveling directly to the U.S. from their respective countries with a valid passport and police certificate issued within six months of time of travel certifying they do not have a serious criminal record) - eligible for visa-free travel under other laws.
There are separate requirements for Mexican citizens.
While there are about 185 different types of visas, there are two main categories of U.S. visas:
- Nonimmigrant visa - for temporary visits such as for tourismTourismTourism is travel for recreational, leisure or business purposes. The World Tourism Organization defines tourists as people "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes".Tourism has become a...
, businessBusinessA business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...
, workEmploymentEmployment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
or studying. - Immigrant visa - for people wanting to be permanent residents in the United States without any time limitation.
In order to immigrate, one should either have an immigrant visa or have a dual intent
Dual intent
Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders, particularly H-1B professionals, to enter the U.S...
visa, which is one that is compatible with making a concurrent application for permanent resident status (Green Card), or having an intention to apply for permanent residence.
Entering the U.S. on an employment visa may be described as a three-step process in most cases. First, the employer files an application with U.S. Citizenship and Immigration Services requesting a particular type of category visa for a specific individual. If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa. The individual then applies for a visa and is usually interviewed at a U.S. embassy or consulate in the native country. If the embassy or consulate gives the visa, the individual is then allowed to travel to the U.S. At the border crossing, airport, or other point of entry into the U.S., the individual speaks with an agent from U.S. Customs and Border Protection
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
to ask to admission to the U.S. If approved, the individual may then enter the U.S.
Contrary to a popular misconception, a U.S. visa does not authorize the alien's entry to the United States, nor does it authorize the alien's stay in the U.S. in a particular status. A U.S. visa only serves as a preliminary permission given to the alien to travel to the United States and to seek admission to the United States at a designated port of entry. The final admission to the United States in a particular status and for a particular period of time is made at the port of entry by a U.S. immigration officer. For aliens entering the U.S. in a nonimmigrant visa status these details are recorded by the immigration officer on the alien's Form I-94 (Form I-94W for citizens of the Visa Waiver Program
Visa Waiver Program
The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
countries entering the U.S. for short visits), which serves as the official document authorizing the alien's stay in the United States in a particular non-immigrant visa status and for a particular period of time.
Qualification process
- The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
- They plan to remain for a specific, limited period; and
- They have a residence outside the U.S. as well as other binding ties which will ensure their return at the end of the visit.
All tourist visa applicants must pay a $140 U.S. dollar interview fee (up from $131 before June 4, 2010) to a US Consulate in order to be interviewed by a Consular Officer who will determine if the applicant is qualified to receive a visa to travel to the U.S (additionally, the officer may also ask the United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
for a Security Advisory Opinion
Security Advisory Opinion
Security Advisory Opinion or Washington Special Clearance, commonly called security clearance, administrative clearance, or administrative processing, is a process the United States Department of State and the diplomatic missions of the United States use in deciding to grant or deny a United...
, which can take several weeks to resolve). If the applicant is rejected, the $140 fee is not refunded. Amongst the items included in the qualification decision are financial independence, adequate employment, material assets and a lack of a criminal record in the applicant's native country.
The immigration visa process is even more stringent and costly. After all processing fees have been paid, most immigration visa applicants pay well over 1,000 U.S. dollars to become permanent residents in the United States and are forced to wait several years before actually immigrating to the U.S.
A-1, A-2, and A-3
A visas are issued to "representatives of a foreign government traveling to the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to engage in official activities for that government." A visas are granted to foreign government ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
s, minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
s, diplomat
Diplomat
A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
s, as well as other foreign government officials or employees traveling on official business. The A visa is also granted to immediate family members of such foreign government officials, defined as "the principal applicant's spouse and unmarried sons and daughters of any age who are not members of some other household and who will reside regularly in the household of the principal alien" and which "may also include close relatives of the principal alien or spouse who are related by blood, marriage, or adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
who are not members of some other household; who will reside regularly in the household of the principal alien; and who are recognized as dependents by the sending government.
B-1 and B-2
The most common non-immigrant visa is the multiple-purpose B-1/B-2 visa, also known as the "visa for temporary visitors for business or pleasure." Visa applicants sometimes receive either a B-1 (temporary visitor for business) or a B-2 (temporary visitor for pleasure) visa, if their reason for travel is specific enough that the consular officer does not feel they qualify for combined B-1/B-2 status.J-1
The Exchange Visitor Program is carried out under the provisions of the Fulbright-Hays Act of 1961Fulbright-Hays Act of 1961
The Fulbright-Hays Act of 1961 is officially known as the Mutual Educational and Cultural Exchange Act of 1961 . It was marshalled by United States Senator J...
, officially known as the Mutual Educational and Cultural Exchange Act of 1961 . The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs
Bureau of Educational and Cultural Affairs
The Bureau of Educational and Cultural Affairs of the United States Department of State fosters mutual understanding between the people of the United States and the people of other countries around the world...
.
In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
- Au Pair and Edu Care
- Camp Counselor
- Intern
- Student, College/University
- Student, Secondary
- Government Visitor
- International Visitor (reserved for Department of State use)
- Physician
- Professor and Research Scholar -
- Short-term Scholar (maximum duration of participation in this category is six months; no program extensions are permitted)
- Specialist (maximum duration of participation in this category is one year)
- Summer work/travel
- Teacher
- Trainee (maximum duration of participation in this category is 18 months, except for agriculture programs (limited to 12 months) and hospitality training programs (limited to a maximum duration of 12 months, with any hospitality training program longer than six months required to have at least three departmental rotations).
H-1B
The H-1B classification is for professional-level jobs that require a minimum of a bachelor's degree in a specific academic field. In addition, the employee must have the degree or the equivalence of such a degree through education and experience. Before the H-1B petition can be filed with USCIS the employer must fill a "Labor Condition Application" (LCA) with the Department of Labor demonstrating that it is paying the required wage for this position in the geographic region where the job is located. The required wage for the position is the higher of the "actual wage" that is paid to other employees in this position or the "prevailing wagePrevailing wage
In government contracting, a prevailing wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area. Prevailing wages are established by regulatory agencies for each trade and occupation employed in the...
" which can be determined using nearly any source, including the employer's own wage survey.
When the employer submits the LCA, the law specifically limits the approval process so that LCAs may only be rejected if they be "incomplete or obviously inaccurate" (8 U.S.C. 1182 (n)). An employer may claim anything is the prevailing wage and the LCA is certain to be approved. In F.Y. 2005 <<1% of LCAs were rejected. In cases where the prevailing wage source is not valid (e.g. a national survey rather than a local one or a survey of entry level wages rather than one for the occupation and location) or where the prevailing wage is misstated (e.g. fabricated or using the 25th percentile wage) the LCA routinely will be approved.
Contrary to popular myth, there is no requirement whatsoever that employers must prove they could not find U.S. workers before hiring H-1B workers. In the case of "H-1B-dependent employers" (usually those with more than 15% of their workers on H-1B visas), the law requires these employers to recruit U.S. workers in "good faith" (8 U.S.C. 1182(n) (1)(G)). However, there is no effective enforcement mechanism in place.
As a general rule, a person who is in one non-immigrant status may not change status or change employers in that status until he or she applies with USCIS for such a change, and such change is granted. However, a provision called "H-1B portability" permits certain individuals already in the United States in H-1B status to commence employment for a new employer once a new employer's H-1B petition is filed with USCIS.
In order to obtain an H-1B visa, the employer must show that it will pay the higher of the prevailing local wage or the wage it pays other U.S. citizens who have similar education and experience. The employer is not required to prove there are no American workers available to perform the work. However, some economists saw H-1B expansion as an assault on the American middle class that benefited the wealthy and made it impossible to maintain traditional American standards of living, or provide incentives to improve productivity as rapidly as nations like Japan with more restrictive immigration policies.
The companies who hired workers on H-1B visas often argue that the U.S. lacks enough skilled American workers to do the specific work needed by the company. Many economists argue that hiring these foreign workers provides more benefits to the U.S., and otherwise the recruiting companies would simply offshore the entire operation. It was claimed this would likely prove worse for the U.S. economy as a whole, because in the first scenario foreign national workers living in the United States would at least spend money in the United States, while the multi-national corporations that would purportedly export the jobs to overseas locations would probably not pass down as much of the savings to the U.S. consumer who purchased from them.
L-1 Intracompany Transferee
The L-1 classification is for international transferees who have worked for a related organization abroad for at least one year in the past three years that will be coming to the United States to work in an executive or managerial (L-1A) or specialized knowledge capacity (L-1B).To qualify as an international executive, the employee must meet the following requirements:
- Direct the management of the organization or a major component or function;
- Establish the goals and policies of the organization, component, or function;
- Exercise wide latitude in discretionary decision-making; and
- Receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
To qualify as an international manager, the employee must meet the following requirements:
- Manage the organization or department, subdivision, function or component of the organization;
- Supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization;
- The authority to hire and fire, or recommend hire/fire and other personnel actions (such as promotion and leave authorization), or if no employees are directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
To qualify as a specialized knowledge transferee, the employee must meet the following requirements:
- Possess knowledge of the company product and its application in international markets; or
- An advanced level of knowledge of processes and procedures of the company.
An employee has specialized knowledge if the knowledge is different from that generally found in the particular industry. Possible characteristics of an employee who possesses specialized knowledge include knowledge that is valuable to the employer's competitiveness in the market place; knowledge of foreign operating conditions as a result of special knowledge not generally found in the industry; has worked abroad in a capacity involving significant assignments which have enhanced the employer's productivity, competitiveness, image or financial position; possesses knowledge which normally can be gained only through prior experience with that employer; or possesses knowledge of a product or process which cannot be easily transferred or taught to another individual. A lengthy discussion by the Administrative Appeals Office about L-1B requirements can be found in a decision from August 2007 known only by its file number, LIN 06 003 52015.
General Information about TN Status
Since the effective date of January 1, 1994, (NAFTA) facilitates travel to and employment in the United States (U.S.) of certain Canadian and Mexican workers. NAFTA created TN classification for eligible Canadian and Mexican professional workers and affected terms of Canadians' admissions to the U.S. under other classifications.A TN position must require services of a NAFTA professional whose profession is noted in Appendix 1603.D.1(see attached Appendix 1603.D.1); the TN employee must possess the credentials required as well as proof of qualifying citizenship. TN status allows unlimited multiple entries to the U.S. for the period of service required by the U.S. employer (includes foreign employers), up to a maximum of three years, and can be extended indefinitely as long as the temporary purpose of the employment continues.
There is no annual cap on TN work permits (unlike the H-1B visa).
Self-Employment in the U.S. Not Permitted
TN: Members of Appendix 1603.D.1 professions who are self-employed outside the U.S. may pursue business relationships from outside the U.S. (e.g. contracts for services) with U.S.-based companies and obtain TN status to engage in these prearranged activities in the U.S. However, under TN classification an alien is not permitted to come to the United States to engage in self-employment in the United States, nor to render services to a corporation or other entity in which he/she is a controlling owner or shareholder.Other NAFTA Admissions Categories
Nationals Canada and Mexico may also seek admission as B-1 (business visitor), E-1 (treaty trader), E-2 (treaty investor), or L-1 (intra-company transferee) nonimmigrants under NAFTA. This bulletin does not address those alternatives.
TN Processing and Admissions Procedure
TN Processing and Admissions ProcedureCanadians may apply for TN-1 classification directly at a U.S. Class "A" port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-flight/pre-clearance station in Canada. Visa might be required under certain circumstances (see below).
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
- Applicant is a citizen of Canada or Mexico;
- Profession is on the NAFTA list;
- Position in the U.S. requires a NAFTA professional;
- Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required);
- Professional Canadian or Mexican citizen has the qualifications of the profession.
Canadian citizens are visa exempt and do not need consular visas to travel or apply for admission to the U.S. TN-1 applicants at land ports-of-entry must also pay a modest I-94 fee. However, a Canadian residing in another country with a non-Canadian spouse and child would need a visa to enable the spouse and child to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. Canadians applying for a visa will follow the same documentation requirements as Mexican Citizens. Each U.S. Embassy or Consulate website has its own procedures to schedule an interview appointment, pay the fees and any other instructions.
For the Canadian Citizens that require a visa, and Mexican Citizens, it is required to fill an Online Nonimmigrant Visa Electronic Application, Form DS-160.
Other requirements are:
- A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
- One (1) 2 in. x 2 in. photograph according to the photo requirements. A photograph is not required if you are applying in Mexico.
- The applicant’s employer in the U.S. must provide an employment letter that includes the following:
- Indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.
- Part-time employment is permitted. Self-employment is not permitted. The letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:
- Activity in which the applicant shall be engaged and purpose of entry;
- Anticipated length of stay;
- Educational qualifications or appropriate credentials demonstrating professional status;
- Evidence of compliance with DHS regulations, and/or state laws; and
- Arrangements for pay.
Although not required, proof of licensure to practice a given profession in the U.S. may be offered along with a job offer letter, or other documentation in support of a TN visa application.
Family Members
Spouses and unmarried children under 21 of Canadian and Mexican professionals obtain TD status. They can be included on the application of the TN principal (no separate filing fees) and admitted for the same duration of stay. TD nonimmigrants may study in the US under this classification, but are not authorized for employment. Canadian dependents' eligibility may be adjudicated at a US port-of-entry. Although Mexican family members are automatically included in TN petitions filed at the Nebraska Service Center, they must file separate application for TD visas at US consulates.Note: Dependents are not required to be Canadian or Mexican citizens.
K Visas for immediate relatives
Even though these visas are issued to people who have the intent to immigrate permanently to the United States, they are still technically classified as nonimmigrant visas (temporary). U.S. citizens may petition the USCIS for a K temporary visa for fiancé(e)s, spouses and unmarried dependent children of said fiancé(e)s and spouses. In the case of fiancé(e)s, the K-1 visaK-1 visa
A K-1 visa is a dual intent visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a...
will allow them to stay in the U.S. for 90 days to marry the petitioning citizen and apply for adjustment of status to legal permanent resident. If the marriage is not concluded within that time, the fiancé(e) will be subjected to removal proceedings
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
. Compliance with the International Marriage Broker Regulation Act (IMBRA) IMBRA limits the number of K1 fiancee visa petitions a sponsor can file or have approved without seeking a waiver of the limits. Additionally, the child of a fiancee may receive a derivative K-2 visa from his/her parent's fiancee petition. The child may travel with your fiancee or travel later within one year from the date of issuance of the K-1 visa to their parent. A separate petition is not required if the children accompany or follow your fiancee within one year from the date of issuance of her K1 visa. If it is longer than one year from the date of visa issuance, a separate visa petition is required. In the case of spouses, the K-3 visa is valid for two years and may be extended indefinitely as long as the marriage on which it is based is not dissolved. The holders of K-3 and K-4 status are eligible for work authorization and may leave and re-enter the United States as long as their visas are still valid.
Same-sex partners
Foreign same-sex partners of United States citizens are currently not recognized by USCIS and accordingly cannot be sponsored for K 1 Fiancee Visa or for Permanent Resident status. Many families based on a same-sex relationship are accordingly forced to live outside the U.S., if a different visa type cannot be procured. Many foreign partners reside in the U.S. as illegal aliens. The Uniting American Families ActUniting American Families Act
The Uniting American Families Act is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner...
, if passed, would create a new family category, "Permanent Partner", allowing foreign partners recognition by USCIS. The term "Permanent Partner" was established to avoid sensitivities about same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and civil unions.
However, same-sex partners of non-U.S. citizens can qualify for temporary visas to the U.S. on the basis of their relationship according to the U.S. State Department, which effectively gives U.S. citizens fewer rights than non-citizens seeking to live with their same-sex partners in the U.S.
V visas and LIFE Act for spouses of legal permanent residents (Green Card holders)
Adjustment of status is the final step of what is commonly called the green card or (LPR)United States Permanent Resident Card
United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis....
process, i.e. that of becoming a legal permanent resident (LPR). It requires that the foreign national in question file an I-485 Application for Adjustment of Status, most often based on a preexisting and approved or approvable I-140 Immigrant Petition for Alien Worker or I-130 Petition for Alien Relative. Due to comprehensive immigration reform in 2002, I-485 applications and I-130 or I-140 petitions may be filed concurrently given the immediate availability of an immigrant visa number. The application must be filed with an I-693 Medical Examination of Alien issued by a licensed Civil Surgeon and a G-325A Biographic Information form, which documents provide a complete medical and immunological history as well as a record of the foreign national's places of employment and residence for the last five years. The USCIS then sets a date for the foreign national to have their fingerprints, picture and signature recorded for their FBI background check and entry in the USCIS database. A usually perfunctory interview with a USCIS officer is required in the vast majority of cases.
A pending adjustment of status application entitles the applicant to work and travel authorization in the forms of an Employment Authorization Document (EAD) card and Advance Parole documents that must be renewed on a yearly basis. The application may be considered abandoned if the applicant does not attend a biometrics appointment or interview. Applications may also be denied for any of the following reasons:
- The underlying immigrant petition is denied or withdrawn
- The applicant is found to have entered or resided in the United States illegally (although this may be waived for one who originally entered with a valid visa and is an immediate relative of the US citizen-petitioner)
- The applicant is judged as undesirable on the grounds of prior criminal convictions, affiliation with unsuitable political parties or organizations (e.g. former members of the Communist PartyCommunist partyA political party described as a Communist party includes those that advocate the application of the social principles of communism through a communist form of government...
), poor character or have debilitating health problems, as well as other grounds.
If an adjustment application is approved, a permanent residency card (green card
United States Permanent Resident Card
United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis....
) valid for ten years is issued to the applicant. After five years LPRs are eligible to apply for naturalization
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
, except that an LPR who obtained their green card through marriage may apply for naturalization after only three years if he or she is still living with the same spouse who originally filed the petition for the LPR.
Legal permanent residents (LPR)s, have some restrictions on their rights. If they marry a foreign born spouse, the green card holder may have to remain separated for years from his spouse or family while the paper work needed to get immigration authorization grinds through the system. The option of returning to their original home to immediately effect a reunion with their spouse and family is often not attractive.
INA 245(i) was initially enacted by Congress in 1994, with an expiration of November 1997. INA 245(i) allowed otherwise ineligible 'adjustment of status' applicants to apply for and receive green cards in the United States by paying a $1,000 fine.
In late 1997 amid much controversy, the law was extended to allow Immigrant Visa Petitions or Labor Certifications filed before January 14, 1998 to be 'grandfathered', essentially extending the time limit for 'adjustment of status.'
With INA 245(i) set to expire on January 14, 1998, a mechanism was implemented to unite families—effectively expediting entry of spouses and their children into the United States—by creating a nonimmigrant classification for families of LPRs through the Legal Immigration Family Equity Act of 2000 (the LIFE Act), signed into law by President Clinton on December 21, 2000 as Public Law 106-553.
The LIFE Act extended, until April 30, 2001 the "grandfathering deadline" of the previous amendment to Section 245(i) of the Immigration & Nationality Act (INA), giving applicants who failed to meet the previous 1997 INA deadline, a second extension in which to file an Immigrant Visa Petition or Labor Certification.
This extension to applicants for Immigrant Visa Petitions or Labor Certifications who filed prior to April 20, 2001, who were physically present in the United States, allowed them to be 'grandfathered', as was permitted with the previous extended deadline of INS 245(i), and gives applicants the opportunity to transfer their eligibility later.
Section 1102 of President Clinton's LIFE Act of 2000 amended section 101(a)(15) of the Act (8 U.S.C. 1101(a) (15)) adding a new nonimmigrant classification, paragraph ('V' visa), for certain spouses and children of lawful permanent residents (LPRs), who have waited at least three years for the availability of an immigrant visa number in the family-based second (F2A) preference category in accordance with the State Department's monthly Visa Bulletin.
Section 1102 also added section 214 (o) to the Act (8 U.S.C. 1184(o)) in order to provide the terms and conditions of V nonimmigrant status and employment authorization, and makes conforming amendments to sections 214 (b) and 214 (h) of the Act (8 U.S.C. 1184 (b) and 1184 (h)) to include reference to the V non-immigrant classification.
Prior to the passage of the LIFE Act of 2000, aliens who were married to a U.S. Citizen and living abroad had to obtain an immigrant visa 'outside of the United States' prior to admission.
Following President Clinton's signing and enactment of the LIFE Act of 2000, spouses of U.S. Citizens and their children who were beneficiaries of pending or approved visa petitions could be admitted initially as nonimmigrants and adjust to immigrant status later while in the United States.
This amnesty allowed aliens already present in the U.S. to obtain 'V' non-immigrant status while remaining in the United States. In addition spouses and unmarried children under 21 years old could apply for visa abroad and for admission to the United States as a 'V' nonimmigrant.
The 'K' nonimmigrant classification in the LIFE Act of 2000 was limited to a fiancee or fiancee of a U.S. citizen seeking to enter the U.S. to complete a marriage within 90 days of entry, and the fiance/fiancee's child.
However, changes were made to the LIFE Act of 2000 and effective August 14, 2001 at Subsection 1103(a), which amended section 101(a)(15)(K) of the Act, and implemented a new "K" non-immigrant classification.
Subsection 1103(a) redesignates the "K" non-immigrant classification as section 101(a)(15)(K)(i) of the Act, adds a classification for the spouse of a U.S. Citizen at section 101(a)(15)(K)(ii), and classifies the children of aliens at section 101(a)(15)(K)(iii) of the Act.
The new section 101(a)(15)(K)(ii) of the Act has three requirements for an alien to obtain this nonimmigrant classification.
- The alien must already be married to a U.S. Citizen who has filed a relative visa petition on his or her behalf with the Service for purposes of an immigrant visa.
- That same U.S. citizen spouse must be petitioning on that alien's behalf to obtain a nonimmgrant visa.
- The alien must be seeking to enter the United States to wait the "availability of an immigrant visa.
More information on the LIFE Act of 2000, the August 14, 2001 and other amendments can be perused online at the U.S. Citizenship and Immigration Services (USCIS) website, or by contacting a local Services field office.
Legal Permanent Residents (LPRs), more commonly known as Green Card holders, are foreigners who do not have U.S. citizenship but are permitted to live and work there. Those who have opted to get married to non U.S. citizens are unable to bring their spouses and families directly to the U.S.. The foreign spouse of a U.S. Green Card holder must wait for approval of an 'immigrant visa' from the State Department before legally entering the U.S.. Due to a backlog in processing, such visas can sometimes take upwards of five years to be approved. In the interim, the foreign born spouse and family cannot enter the U.S. on any other visas, or as visitors. LPRs always have the option to return to their country of citizenship, but if they want to stay in the U.S. and stay married to their "foreign" family they are in a unique situation:
- Temporary visitors and non-immigrants coming to the U.S. on temporary visas for work, business or studies (including on H1, L1, B, and F1 visas) can sponsor their dependent spouses to travel along with them and return with them when they leave.
- American Citizens have more options and can sponsor their spouses to come to the U.S. in non-immigrant status and then convert to an immigrant status under the Legal Immigration and Family Equity Act (the "LIFE Act")
The V visa
V visa
The V visa is a temporary visa available to spouses and minor children of U.S. lawful permanent residents . It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course. It was created by the Legal Immigration Family Equity...
page has more details on the V visa as enacted by the LIFE Act.
Electronic System for Travel Authorization
The new Electronic System for Travel AuthorizationElectronic System for Travel Authorization
The Electronic System for Travel Authorization is a United States government requirement for participating travelers from Visa Waiver Program countries arriving by air or sea to complete online the I-94W form in...
is not a visa according to the US law. But it is a system where an approved application is needed before a visit to the US, several days before, which is very close to a visa requirement. It is mandatory from January 2009 for people from many countries in the Visa Waiver Program
Visa Waiver Program
The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
.
The principle is sometimes called Electronic Visa and can be applied over the internet by oneself or through a travel agent.
Select list of the various types of visa
| Symbol | Type | Description |
|---|---|---|
| A-1 | Foreign government officials and families: ambassadors, public ministers, career diplomats, or consular officers | |
| A-2 | Foreign government officials and families: other foreign government officials or employees | |
| A-3 | Foreign government officials and families: attendants, servants, or personal employees of A-1 and A-2 classes | |
| B-1 | Non-immigrant | Temporary visitors: for business |
| B-2 | Non-immigrant | Temporary visitors: for pleasure |
| BCC | Non-immigrant | Mexico citizens border crossing card and B1/B2 visa |
| C-1 | Non-immigrant | Transit aliens: aliens in transit |
| C-2 | Non-immigrant | Transit aliens: aliens in transit to the United Nations |
| C-3 | Non-immigrant | Transit aliens: foreign government officials and families in transit |
| Continued Presence (CP) | Temporary | Issued by federal law enforcement to victims of crime actively cooperating in an investigation or prosecution of a federal crime |
| Transit aliens: aliens in transit to the United Nations | ||
| DV-1 | Immigrant | Diversity visa: lottery winner |
| DV-2 | Immigrant | Diversity visa: spouses and children |
| E-1 | Treaty traders and investors: treaty traders | |
| E-2 E-2 visa The E2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every other year, but there is no limit to how many times one can renew. Investment must be... |
Treaty traders and investors: treaty investors | |
| E-3 E-3 visa The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia-United States Free Trade Agreement , although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa... |
Treaty traders and investors: Australian Free Trade Agreement | |
| EB-5 EB-5 visa The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 , creating or preserving... |
Immigrant | Immigrant investors |
| F-1 | Non-immigrant | Students and exchange visitors: academic students |
| F-2 | Non-immigrant | Students and exchange visitors: spouses and children of academic students |
| F-3 | Non-immigrant | Students and exchange visitors: Canadian or Mexican national academic commuter students |
| G-1 | Representatives to international organizations and families: principals of recognized foreign governments | |
| G-2 | Representatives to international organizations and families: other representatives of recognized foreign governments | |
| G-3 | Representatives to international organizations and families: representatives of nonrecognized or nonmember foreign governments | |
| G-4 | Representatives to international organizations and families: international organization officers or employees | |
| G-5 | Attendants, servants or personal employees of representatives | |
| GB | Temporary visitors: for business, visa waiver, Guam | |
| GT | Temporary visitors: for pleasure, visa waiver, Guam | |
| H-1B H-1B visa The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101. It allows U.S. employers to temporarily employ foreign workers in specialty occupations... |
Dual-intent | Temporary workers and trainees: specialty occupations |
| H-1B1 | Dual-intent | Temporary workers and trainees: Chile and Singapore Free Trade Agreement |
| H-1C | Dual-intent | Temporary workers and trainees: registered nurses participating in the Nursing Relief for Disadvantaged Areas |
| H-2A H-2A Visa An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. There are several requirements of the employer in regards to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of... |
Temporary workers and trainees: seasonal agricultural workers | |
| H-2B | Temporary workers and trainees: seasonal nonagricultural workers | |
| H-3 | Temporary workers and trainees: industrial trainees | |
| H-4 H-4 visa An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services to immediate family members of the H-1B visa holders.... |
Dual-intent | Temporary workers and trainees: spouses and children of H-1, H-2, and H-3 workers |
| I-1 | Representatives of foreign information media and families | |
| IH-3 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a country that is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international convention dealing with international adoption, child laundering, and child trafficking... ("Hague country") and adopted by U.S. citizens, whose adoption was finalized outside the U.S. |
| IH-4 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a Hague country whose adoption by a U.S. citizen will be finalized in the citizen's home jurisdiction. |
| IR-1 | Immigrant | Immediate relative of U.S. citizen: Spouse of a U.S. citizen. This visa is called CR-1 (for conditional resident) if the marriage is less than 2 years old at the time of application. The CR-1 visa has to have its conditionality "removed" two years after entry in a separate process. |
| IR-2 | Immigrant | Immediate relative of U.S. citizen: Unmarried child, under 21 years of age, of a U.S. citizen. |
| IR-3 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a non-Hague country adopted by U.S. citizens, whose adoption was finalized outside the U.S. Note: In order for an IR-3 visa to be issued, U.S. regulations require that both adoptive parents take part in the overseas adoption and actually meet with the child in the child's home country. If only one parent travels to pick up the child, the child will be issued an IR-4 visa instead. |
| IR-4 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a non-Hague country whose adoption by a U.S. citizen will be finalized in the citizen's home jurisdiction. |
| IR-5 | Immigrant | Immediate relative of U.S. citizen: Parent of a U.S. citizen; the citizen must be at least age 21. |
| J-1 J-1 visa A J-1 visa is a non-immigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S... |
Nonimmigrant | Students and exchange visitors: exchange visitors |
| J-2 J-2 visa A J-2 visa is a non-immigrant visa issued by the United States for spouses and dependents of J-1 exchange visitors.-Duration of Status:Like J-1 visitors, a J-2 visitor's immigration status has no defined end date... |
Nonimmigrant | Students and exchange visitors: spouses and children of exchange visitors |
| K-1 K-1 visa A K-1 visa is a dual intent visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a... |
Dual-intent | LIFE Act: fiances(ees) of U.S. citizens |
| K-2 | Dual-intent | LIFE Act: children of fiances(ees) of U.S. citizens |
| K-3 | Dual-intent | LIFE Act: spouses U.S. citizens, visa pending |
| K-4 | Dual-intent | LIFE Act: children of U.S. citizen, visa pending |
| L-1 L-1 visa An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a short amount of time, generally three years. L-1 visas are available to employees of an international company with offices in both the United States... |
Dual-intent | Intracompany transferees: principals |
| L-2 L-2 visa An L-2 visa is a visa document used to enter the United States by the dependent spouse and minor unmarried children of qualified L-1 visa holders... |
Dual-intent | Intracompany transferees: spouses and children of intracompany transferees |
| M-1 M-1 visa The M-1 visa is a type of student visa reserved for vocational and technical schools. To obtain an M-1 visa for traveling to the United States, a student must present a signed Form I-20 at a United States embassy or consulate in his home country... |
Students and exchange visitors: vocational students | |
| M-2 | Students and exchange visitors: spouses and children of vocational students | |
| M-3 | Canadian or Mexican national vocational commuter students | |
| N-1 to N-6 | NATO officials and families | |
| N-8 and N-9 | Immediate relatives of certain SK-3 special immigrants | |
| O-1 O-1 Visa An O visa is a classification of non-immigrant temporary worker visa granted by the United States to aliens "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or... |
Temporary workers and trainees: extraordinary ability or achievement | |
| O-2 | Temporary workers and trainees: accompanying and assisting in performance of O-1 workers | |
| O-3 | Temporary workers and trainees: spouses and children of O-1 and O-2 workers | |
| P-1 P visa A P visa is a type of temporary employment visa of the United States, granted to alien athletes, artists, and entertainers, and their spouses and children. The term "P" refers to 8 U.S.C... |
Temporary workers and trainees: internationally recognized athletes or entertainers | |
| P-2 | Temporary workers and trainees: artists or entertainers in reciprocal exchange programs | |
| P-3 | Temporary workers and trainees: artists or entertainers in culturally unique programs | |
| P-4 | Temporary workers and trainees: spouses and children of P-1, P-2, and P-3 workers | |
| Q-1 | Temporary workers and trainees: workers in international cultural exchange programs | |
| R-1 | Temporary workers and trainees: workers in religious occupations | |
| R-2 | Temporary workers and trainees: spouses and children of R-1 workers | |
| S visa [two types: S-5/ S-6] | Aliens Assisting Law Enforcement | |
| Special Immigrant Juvenile Status (SIJS) | Qualifying children present in the U.S. who are declared dependents of a juvenile court and who would be harmed if returned to their home country | |
| T-1 T visa A T visa is a type of visa allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States if they agree to assist law enforcement in testifying against the perpetrators.- Background :... |
Victims of human trafficking | |
| T-2 | Victims of human trafficking: spouse of victim | |
| T-3 | Victims of human trafficking: children of victim | |
| T-4 | Victims of human trafficking: parents of victim who are children | |
| TD | Temporary workers and trainees: spouses and children of NAFTA workers | |
| TN TN status TN status is a special non-immigrant status in the United States unique to citizens of Canada and Mexico. Professions identified in the Canada - United States Free Trade Agreement which began in 1988 are permitted TN Visas for legal work in the United States and Canada, creating freedom of labor... |
Temporary workers and trainees: NAFTA professional workers | |
| U-1 | Victims of qualifying criminal activity, such as rape, murder, manslaughter, child abuse, domestic violence, sexual assault, and/or human trafficking | |
| U-2 | Victims of qualifying criminal activity: spouse of victim | |
| U-3 | Victims of qualifying criminal activity: children of victim | |
| U-4 | Victims of qualifying criminal activity: parents of victim who are children | |
| U-5 | Victims of qualifying criminal activity: siblings (of minor age) of victim who are children | |
| V-1 | LIFE Act: spouses of permanent residents, visa pending | |
| V-2 | LIFE Act: children of permanent residents, visa pending | |
| V-3 | LIFE Act: dependents of V-1 and V-2, visa pending | |
| WB | Temporary visitors: visa waiver, business | |
| WT | Temporary visitors: visa waiver, pleasure |
Visa Denial
Section 221(g) of Immigration and Nationality Act defined several classes of aliens ineligible to receive visas.Grounds for denial may include, but are not limited to:
- Health grounds
- Criminal grounds
- Security grounds
- Public charge (charge means burden in this context)
- Illegal entrants or immigration violators
- Failure to produce requested documents
- Ineligible for citizenship
- Previously removed from US
See also
- Electronic System for Travel AuthorizationElectronic System for Travel AuthorizationThe Electronic System for Travel Authorization is a United States government requirement for participating travelers from Visa Waiver Program countries arriving by air or sea to complete online the I-94W form in...
- United States Department of Homeland SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
- Visa Waiver ProgramVisa Waiver ProgramThe Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
- Security Advisory OpinionSecurity Advisory OpinionSecurity Advisory Opinion or Washington Special Clearance, commonly called security clearance, administrative clearance, or administrative processing, is a process the United States Department of State and the diplomatic missions of the United States use in deciding to grant or deny a United...
- European Union visa listsEuropean Union visa listsAll European Union member states, with the exception of Ireland and the United Kingdom, have a unified visa system as part of the Schengen Area. Three non-member states—Iceland, Norway and Switzerland—are also part of the Schengen area and also implement the unified system...
External links
- United States Visas
- U.S. Immigration Statistics
- Visa Reciprocity and Country Documents Finder of the United States
- US Citizenship and Immigration Service
- Immigrant visa category symbols
- China Family Visa Forums - A non-profit web forum for sharing experiences and advice for immigrant visas with a focus on China