Nonimmigrant Visas

Learn the basics about visas that permit you to enter the U.S. for a short time and for a specified purpose.

If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "nonimmigrant" (temporary) visa. You must choose the specific purpose of your trip and apply for a specialized visa, authorizing that activity and no other. Each type of nonimmigrant visa is identified by a letter-number combination, as well as a name. You may already be familiar with the more popular ones: B-2 visitors, E-2 investors, and F-1 students.

Types of Nonimmigrant Visas

Nonimmigrant visas differ from each other in the kinds of privileges they offer, as well as how long they last. As mentioned earlier, every nonimmigrant visa is issued with a specific purpose in mind.

Complete List of Nonimmigrant Visas

A-1. Ambassadors, public ministers, or career diplomats, and their immediate family members.

A-2. Other accredited officials or employees of foreign governments, and their immediate family members.

A-3. Personal attendants, servants, or employees and the immediate family members of A-1 and A-2 visa holders.

B-1. Business visitors.

B-2. Visitors for tourism or medical treatment.

C-1. Foreign travelers in immediate and continuous transit through the U.S.

D-1. Crewmen who need to land temporarily in the U.S. and who will depart aboard the same ship or plane on which they arrived.

E-1. Treaty traders working for a U.S. trading company that does 50% or more of its business with the trader's home country.

E-2. Treaty investors working for a U.S. company with 50% or more of its investment capital coming from the worker's home country.

F-1. Academic or language students.

F-2. Immediate family members of F-1 visa holders.

F-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend an academic school.

G-1. Designated principal resident representatives of foreign governments coming to the U.S. to work for an international organization, and their staff members and immediate family members.

G-2. Other accredited representatives of foreign governments coming to the U.S. to work for an international organization, and their immediate family members.

G-3. Representatives of foreign governments and their immediate family members who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization.

G-4. Officers or employees of international organizations, and their immediate family members.

G-5. Attendants, servants, and personal employees of G-1 through G-4 visa holders, and their immediate family members.

H-1B. Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience, and distinguished fashion models.

H-2A. Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of American workers has been recognized by the U.S. Department of Agriculture.

H-2B. Temporary workers of various kinds coming to the U.S. to perform temporary jobs for which there is a shortage of available, qualified American workers.

H-3. Temporary trainees coming for on-the-job training unavailable in their home countries.

H-4. Immediate family members of H-1, H-2, or H-3 visa holders.

I. Bona fide representatives of the foreign press coming to the U.S. to work solely in that capacity, and their immediate family members.

J-1. Exchange visitors coming to the U.S. to study, work, or train as part of an exchange program officially recognized by the U.S. Information Agency.

J-2. Immediate family members of J-1 visa holders.

K-1. Fiancés or fiancées of U.S. citizens coming to the U.S. for the purpose of getting married.

K-2. Minor, unmarried children of K-1 visa holders.

K-3. Spouses of U.S. citizen petitioners awaiting USCIS approval of their immigrant visa petition and the availability of an immigrant visa.

K-4. Children of K-3 visa holders.

L-1. Intracompany transferees who work as managers, executives, or persons with specialized knowledge.

L-2. Immediate family members of L-1 visa holders.

M-1. Vocational or other nonacademic students, other than language students.

M-2. Immediate family members of M-1 visa holders.

M-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend vocational school.

N. Children of certain special immigrants.

NATO-1, NATO-2, NATO-3, NATO-4, and NATO-5. Associates coming to the U.S. under applicable provisions of the NATO Treaty, and their immediate family members.

NATO-6. Civilians accompanying military forces on missions authorized under the NATO Treaty, and their immediate family members.

NATO-7. Attendants, servants, or personal employees of NATO-1 through NATO-6 visas holders, and their immediate family members.

O-1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics.

O-2. Essential support staff of O-1 visa holders.

O-3. Immediate family members of O-1 and O-2 visa holders.

P-1. Internationally recognized athletes and entertainers, and their essential support staff.

P-2. Entertainers coming to perform in the U.S. through a government-recognized exchange program.

P-3. Artists and entertainers coming to the U.S. in a group to present culturally unique performances.

P-4. Immediate family members of P-1, P-2, and P-3 visa holders.

Q-1. Exchange visitors coming to the U.S. to participate in international cultural exchange programs.

Q-2. Immediate family members of Q-1 visa holders.

R-1. Ministers and other workers of recognized religions.

R-2. Immediate family members of R-1 visa holders.

S-1. People coming to the U.S. to supply critical information to federal or state authorities for a criminal investigation or prosecution.

S-2. People coming to the U.S. to provide critical information to federal authorities or a court, who will be in danger as a result of providing such information and are eligible to receive a reward for the information.

S-3. Immediate family members of S-1 or S-2 visa holders.

T. Women and children who are in the United States because they are victims of trafficking, who are cooperating with law enforcement and who fear extreme hardship (such as retribution) if returned home.

U. People who have suffered "substantial physical or mental abuse" as a result of certain U.S. criminal violations including domestic violence and who are assisting law enforcement authorities.

V. Spouses and children of U.S. lawful permanent resident petitioners who have already waited three years for the approval of their visa petition or for an immigrant visa to become available.

How to Apply

To apply for a nonimmigrant visa, you ordinarily need to start with the U.S. consulate in your home country. (You can't apply for a visa if you're already in the United States. However, if you have a valid visa, you may be able to apply to U.S. Citizenship and Immigration Services -- USCIS, formerly called the INS -- for a change of status, which will achieve almost the same result.)

To find your nearest U.S. consulate, check the U.S. State Department website (www.state.gov). You can follow that site's links to your local U.S. consulate's website for specific information about its requirements and procedures. For example, some consulates allow you to walk in and apply for a visa, while others require that you make an appointment first or send your application by mail. Because of new security concerns, however, nearly every applicant will at some time have to appear for an interview with a consular officer.

The consulate will ask you to fill out certain forms, depending on which visa you want, and to pay a fee. You'll need to prove that:

  • you're going to the United States for a valid reason
  • you're not "inadmissible"
  • you'll be self-supporting (if it's not an employment-based visa), and
  • you will leave on time.

The consulate will use the information on your application to run a security check on you and, if you're a young man between the ages of 16 and 45, will ask you for extra information. These security checks can add weeks and months to the decision making on your visa application, so plan ahead.

Once you're approved, a visa stamp will be placed in your passport. It allows you to enter the United States and to engage in certain activities while you're there. For example, if you receive a student visa, you're allowed to study in the United States -- but not to work off campus (unless you seek special permission) and not to stay permanently.

Time Limits on Nonimmigrant Visas

Just as nonimmigrant visas vary in purpose, they also vary as to how long they last. Each nonimmigrant visa is given an expiration date according to what the law allows for that particular category. Most can also be extended a certain number of times. The number and length of these extensions vary, according to the visa category.

Keep in mind that the expiration date on your visa does not show how long you can stay in America once you arrive. It only indicates the period of time during which you have the right to enter the United States using that visa.

Determining How Long You Can Stay in the United States
When you enter the United States, you will be given a small white or green card called an I-94 card. A Customs and Border Protection (CBP) officer will stamp the card with a date as you enter the country. That is the date by which you must leave, even if you still have a valid visa stamped in your passport when that date arrives. If your visa is "multiple entry," however, you can use it to enter the United States again, as soon as you like.

Most visitor visas (B-1/B-2) permit multiple entries into the United States. However, some visas allow only one visit. If you hold such a visa, you may use it to enter the United States only once. When you leave, you can't return again with that same visa, even if time still remains before its expiration date.

Copyright 2004 Nolo