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Nonimmigrant Visas
If you are not planning to stay in the United States permanently
or you cannot stay permanently, you should apply for a nonimmigrant visa. We
prepared the following chart so that you will have a general idea of U.S. nonimmigrant
visas. However, this is a very simplified introduction. You should seek the
advice of an experienced immigration attorney if you need to apply for a visa.
Visa
Description
Notes
| A-1 |
Diplomatic Visa |
Issued to professional diplomatic, such as
ambassadors, public ministers, career diplomatic, or consular officers, and members of
their immediate families. |
| A-2 |
Diplomatic Visa |
Issued to other foreign government employees and
officials as well as their family members. |
| A-3 |
Diplomatic Visa |
Issued to personal attendants, and servants of
persons holding A-1, A-2 visas. This visas are valid for not more than three years
and may be extended in increments of not more than two years. |
| B-1 |
Business Visitors |
Issued to visitors for business purposes. This visa
is valid for one year and may be renewable in six month increments. The B-1 visa
holders may not accept employment in the U. S. However, theoretically they can adjust to
other status. |
| B-2 |
Tourists (for pleasure) |
Issues to visitors for
pleasure. This visa is valid for one year and may be renewable in six month
increments. The B-1 visa holders may not accept employment in the U. S.
However, theoretically they can adjust to other status. |
| C-1 |
Visitors in Transit |
For continuous travel through the U.S. |
| C-2 |
Visitors in Transit |
For persons who have a right of transit to the
United Nations. Valid for 29 days maximum; non renewable. The holders may not
adjust their status to any other nonimmigrant visas nor seek employment in the U.S. |
| C-3 |
Visitors in Transit |
For foreign government officials in transit.
Valid for 29 days maximum; non renewable. The holders may not adjust their status to
any other nonimmigrant visas nor seek employment in the U.S. |
| D-1 |
Crew Members |
Issued to the employees remaining with their vessel.
This visa is valid for a maximum of 29 days and are nonrenewable. The holders are not
allowed to change or adjust their status to any other visa. |
| D-2 |
Crew Members |
Issued to the employees working for other vessels.
This visa is valid for a maximum of 29 days and are nonrenewable. The holders are not
allowed to change or adjust their status to any other visa. |
| E-1 |
Treaty Traders |
Issued to the nationals or citizens of country
having treaty with US. The visa is generally issued for a 5 year period. But
the duration of stay of each entry is two years. Extensions may be obtained for up
to two years at a time. In fact, traders can remain in the United States
indefinitely as long as they maintain their eligibility and treaty status. Spouse
and unmarried minor children may enter under the same visa category but without work
permit. |
| E-2 |
Treaty Investors |
Issued to the nationals or citizens of country
having investment treaty with the United States. The visa is generally issued for a
5 year period. But the duration of stay of each entry is two years. Extensions
may be obtained for up to two years at a time. In fact, treaty investors can remain
in the United States indefinitely as long as they maintain their eligibility and treaty
status. Spouse and unmarried minor children may enter under the same visa category
but without work permit. |
| F-1 |
Academic Students |
Issued to full time students. The visa is good
for the period necessary for the holder to complete the program. Generally cannot
work off campus without permit. |
| F-2 |
Student's Family Members |
Student's wife and minor children. They cannot
seek employment but can change to other status. |
| G-1 |
Foreign Representatives to Int'l Organizations |
Issued to the chief representatives of foreign
governments to international organizations located in the United States. Their
family members are issued the same visa. The visa is valid for one year and
renewable. They cannot work outside the organization without work permit. |
| G-2 |
Foreign Representatives to Int'l Organizations |
Issued to the other representatives of foreign
governments to international organizations located in the United States. Their
family members are issued the same visa. The visa is valid for one year and
renewable. They cannot work outside the organization without work permit. |
| G-3 |
Foreign Representatives to Int'l Organizations |
Issued to the representatives of foreign governments
not yet recognized by the U.S. and their family members to the international
organizations. Other restrictions are basically same as above G visa's. |
| G-4 |
Employees of Int'l Organizations |
For officers and employees of international
organizations and their family members. The visa is good for one year and
renewable. Their family members can seek employment. |
| G-5 |
Employees of Above G Visa Holders |
Issued to the servants, personal employees of above
G visa holders. |
| H-1A |
Licensed Nurses |
Visa is valid for three years and may be renewable
for another two or three years not exceeding 6 years. The category is being changed. |
| H-1B |
Specialty Occupation Professionals |
An US employer must file petition for the
professionals. A visa is approved for an initial period of up to three years.
The maximum term of an H-1B visa is six years, including extensions. The holders
cannot work for other employers without having other employers to file new petitions but
they can adjust to other status. In the event that the employer terminates the
employment of the alien professionals prior to expiration of the visa, the employer is
responsible for providing return transportation of the alien professional to his or her
last place of foreign residence. |
| H-2A |
Temporary Agricultural Workers |
Issued to aliens coming to the U.S. to perform
agricultural work of a temporary or seasonal nature. The visa is granted for the
validity of the labor certification, or for an initial period of up to one year, not
exceeding three years. The holders can change status. |
| H-2B |
Temporary Workers |
Issued to other nonagricultural workers, like
athletes or those in performing arts who have not yet achieved international reputation
and skilled workers in crafts and trades who are able to perform tasks for which no U.S.
workers are available. he visa is granted for the validity of the labor
certification, or for an initial period of up to one year, not exceeding three
years. The holders can change status. |
| H-3 |
Trainees |
Issued to trainees coming to the U.S. to receive
training from an employer in any field other than graduate education or training.
The visa may be valid for a period of up to two years. The holders can change
status. |
| H-4 |
Family Members of H Visa Holders |
They can stay as long as the H visa holders.
The spouse and minor children cannot accept employment, but can change status. |
| I |
Journalists |
For journalists of foreign news media. |
| J-1 |
Exchange Visitors |
For participants of exchange programs, including
students, scholars, professors, researchers, and au pairs, etc. The visa is valid
for the length of time the program requires, up to 18 months without no renewal. The
holders are generally subject to two year residence unless a waiver is obtained. The
holders can apply for work permit. |
| J-2 |
Family Members of J-1 |
Same restrictions as above. They can work for
the purpose of supporting themselves, not to support the J-1 holders. |
| K-1 |
Fianc?Fiancée of U.S. Citizens |
Valid for 90 days. They must get married
within 90 days and apply for permanent residence. The holders cannot apply for extension
or change status. |
| K-2 |
Minor Children of Fianc?Fiancée |
The duration of stay depends on K-1 holder's visa. |
| L-1A |
Int'l Company Transferees |
Issued to an executive, manager with at least one
year of previous foreign management experience with that foreign company. For a
brand new company, the visa is valid for one year. For business that have already
existed for a year or longer, the visa is valid for three year with a renewal of up to
seven years for an executive or manager. |
| L-1B |
Int'l Company Transferees |
Issued to an employee with specialized knowledge
with at least one year of previous foreign experience with that foreign company. The
visa is valid for three years with two-year extension for a total of up to five years for
an employee with specialized knowledge. |
| L-2 |
L Holder's Family Members |
They have the same length of stay as L
holders. They cannot accept employment in the U.S. |
| M-1 |
Nonacademic Students |
Issued to those who temporarily study or receive
training at a nonacademic institution. The visa is valid for the period necessary to
complete the study, generally 18 months, and can be extended up to one year. |
| M-2 |
Family Members of M-1 |
Can stay as long as M-1 holders but cannot work in
the U.S. |
| N |
G-4's Relatives |
Issued to some relatives of employees of
international organizations, such as parents or children. The visa is valid for
three years and can be extended for another three years. |
| O-1 |
Persons of Extraordinary Ability |
Issued to aliens of extraordinary ability in the
arts, athletics, sciences, education, business, or the motion pictures or television
industry who are coming to the U.S. to perform temporary services relating to an
event. The visa is valid for the period necessary to complete the event or activity,
but may not exceed three years. |
| O-2 |
Accompanying Assistants to O-1 Holders |
The restrictions on O-1 visa apply. |
| O-3 |
Family Members of O-1 and O-2 |
They may not seek employment in the U.S. while on an
O-3 visa. They may change status. |
| P-1 |
Athlete or Recognized Entertainment Group |
Issued to an alien who is coming to the U.S. to
perform as an internationally recognized athlete or member of an internationally
recognized athlete or entertainment group. For an individual, the visa may be
granted initially for up to five years. Extensions may be granted for a tatol of
stay not exceeding ten years. For an athletic team or entertainment group, the visa
may be valid for the period of time necessary to complete the competition or event, but
may be extended in one year increments. |
| P-2 |
Artists or Entertainers in Reciprocal Program |
Issued to artists or entertainers who come to
perform, individually or as a group, under a reciproval exchange program between an
organization in the U.S. and an organization in another country. The visa may be
valid for the period necessary to complete the event, activity or performance and can be
extended. |
| P-3 |
Artists or Entertainers in Culturally Unique Program |
Issued to artists or entertainers who come to
perform, individually or as a group, culturally unique program to further the
understanding or development of the unique cultural form. The holders must be
sponsored by educational, cultural or governmental organizations which promote
international cultural activities and exchange. The duration of stay is same as P-2. |
| P-4 |
Family of P Visa Holders |
The spouse and unmarried minor children are entitled
to the same period of admission and restrictions as the principal holders. They
cannot seek employment on P-4 visa. |
| Q-1 |
International Cultural Exchange Participants |
The duration of stay cannot exceed 15 months. |
| Q-2 |
Family Members of Q-1 |
They are subject to the same restrictions as Q-1.
They cannot seek employment. |
| R-1 |
Religious Workers |
Issued to persons who have been full time religious
workers for at least two years before applying and is coming temporarily to work for a
nonprofit relifious organization in the U.S. The visa is generally valid for three
years with an extension in increments of up to two years. |
| R-2 |
Family Members of R-1 |
They are subject to the same period of stay as the
principal R holders, and may not be employed in the U.S. on a R visa. |
| S-1 |
Informant in Criminal Investigation |
The duration of stay will depend on the need of the
investigation. The holder cannot change status. |
| S-2 |
Informant in Esponage Case |
The duration of stay will depend on the need of the
investigation. The holder cannot change status. |
| S-3 |
Family Members of S Holders |
Same as above S holders |
| TN |
North American Free Trade Agreement (NAFTA) |
A visa issued, according to the North American Free
Trade Agreement, to Canadian citizens and Mexican citizens. The terms of the visa
are slightly different for the Mexican applicants from the Canadian applicants. |
| TD |
Family Members of TN Holders |
They are entitled to the same visa classification
and the same length od stay as the TN holder, but they cannot accept employment. |
Free Legal Consultation
Above brief introduction are educational and informational.
If you need further information on a specific nonimmigrant visa category, please
contact an immigration attorney or contact our law office at infor@uslawnet.com. |
