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.