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Non-Immigrant Visas


Foreign nationals seeking a temporary stay in the U.S., including those in certain employment situations, typically require a non-immigrant visa. The essence of the non-immigrant visa is its temporary nature. These visas authorize a stay of limited duration within the U.S., after which the alien must return to his or her native country, or to some other country outside the U.S.

Non-immigrant visas come in many different categories, each authorizing a particular type of conduct within the United States. An alien's ability to secure a particular visa requires a showing that the alien meets that visa's requirements. Some non-immigrant visas may be extended one or more times, and in some instances an alien may "change status," that is, secure a different type of visa than the type used to enter the country.

Non-immigrant Visa Requirements and Procedure

An alien who wishes to secure a non-immigrant visa must typically declare his or her intent to stay only temporarily in the U.S. If the alien demonstrates an intention to remain in the U.S. and to pursue U.S. residency, the visa will typically be denied. Most non-immigrant visa categories are available in unlimited numbers, but a few non-immigrant work visas are subject to numerical limitation. Recipients of a work visa that is subject to limitations, such as an H-1B visa, may face a waiting period before they are eligible to enter the country. In recent years, in response to employer demands, Congress has adjusted the limitations rules to avoid or reduce such delays.

A person who seeks to enter the U.S. as a nonimmigrant must generally apply for the visa at an U.S. embassy or consulate. Once the visa is issued, an INS officer, either at a pre-flight inspection station or at the border must admit the alien to the U.S. Once admitted, he or she will be issued an I-94 card, authorizing the visa holder to remain in the U.S. for a specified period of time.

Categories of Non-Immigrant Visas

There are more than twenty categories of non-immigrant visas with which foreign nationals may come for temporary stays in the U.S.  In addition, a provision known as the visa waiver pilot program allows persons from certain countries to come to the U.S. for 90 days without a visa. The countries for which the visa waiver program applies include Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. Canadians may come to the U.S. without a visa for short stays under another law.

The most common non-immigrant visa is the B visa, also called the visitor's visa. Like most of the visa types, the B has more than one category. The B-1 is for business visitors; the B-2 is for tourists. Often, the two are issued together, meaning that their holders may engage in business or tourist activities. It's important to note, however, that the B-1 visa is not a work visa. It does not authorize an alien to pursue employment in the U.S., although an alien on a B-1 may do work for a foreign company located in the U.S. Activities typically appropriate under a B-1 visa include seminars, conferences, conventions, meetings with a U.S. office of a foreign corporation, conducting research, and making investments.

Other non-immigrant visas cover a broad variety of individuals and purposes. "A" visas are for ambassadors and career diplomats; C visas are for foreign travelers simply passing through the U.S.; D visas are for crewmen landing temporarily in this country and departing aboard the same ship or plane; E visas cover business persons trading with or investing in the U.S. pursuant to a treaty; G visas serve foreign government representatives working for an international organization in the U.S. There are also visas for NATO representatives; specialty occupations, agricultural workers and temporary workers for which there is a shortage of U.S. workers (H); representatives of the foreign press (I); persons coming to marry a U.S. citizen (K); intracompany transferees with specialized knowledge (L); persons of extraordinary ability in the sciences, arts, business or athletics (O); athletes and entertainers of international recognition (P); and religious workers (R).  

Some of these visas authorize their holders to work and are subject to additional application and documentation criteria. Generally, work visas are not issued absent a showing that issuance of the visa will not deprive qualified U.S. workers of employment opportunities.

Legal Help with Non-Immigrant Visas

Non-immigrant visas provide opportunities for foreign nationals to come to the United States for a broad range of purposes. Some of these visas are relatively simple to secure and require only modest time and effort on the part of the applicant. Others, especially those authorizing training or employment, are more difficult and may involve elaborate procedures to document the need for the alien worker and the alien's eligibility. For this latter type of visa, the assistance of an experienced employment lawyer or immigration attorney can help simplify the process and provide a better chance of visa approval.

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