U.S. Nonimmigrant Visas

Many travelers wish to visit the United States as a tourist, business visitor, treaty trader, or entertainer in reciprocal exchange programs. If you’re coming to the U.S. for any reason other than permanently relocating here, you most likely need a nonimmigrant visa. 

This page explains the different types of nonimmigrant visas and the application process. You’ll learn about the different types of temporary visas, eligibility requirements, how to extend your stay, and more.

Visa extensions, status changes, and eligibility rules can be complex and overwhelming to some. Contact an immigration attorney near you to avoid delays or denials in the visa process.

Different Types of Temporary Visas

Foreign nationals who want to enter the United States should get a U.S. Visa. Some of the common types of temporary visas are for:

• Foreign government officials and diplomats
• Tourists and general business visitors
• Crewmembers
• Treaty traders and treaty investors
• Academic students
• Employees of international organizations
• Temporary workers or employment-based visa
• Exchange visitors
• Intracompany transferee
• NATO visas
• Workers with extraordinary abilities
• Athletes and entertainers

Learn about the various types of U.S. visas before applying. This will help you determine which visa you need when you travel to the United States.

Essential Requirements for Nonimmigrant Visas

U.S. consulates and U.S. embassies in the home country of the visa applicant often issue nonimmigrant visas. The U.S. government could place an annual number limit on some nonimmigrant visas.

If you are a nonimmigrant visa applicant, one of the hurdles you must overcome is showing proof to U.S. government officials that you have strong ties to your home country. These ties should convince officials that you intend to return home.

For instance, proof of employment, real estate, and bank statements demonstrating financial stability can show your ties to your home country. Or, if you are visiting the U.S. for work or business, proof of the conference you’ll attend and evidence of your work or business at home. So, when you visit the consular office for your visa interview, you need to prepare and show proof of:

• Your ties to your home country
• Proof that you can financially support yourself while in the United States
• Proof of qualifications if you enter the United States for education, work, or temporary business purposes

You should also prove that you will leave the U.S. when your visa expires.

Eligibility Under the Visa Waiver Program

Foreign nationals from certain countries may participate in the Visa Waiver Program (VWP) to travel to the U.S. for business or tourism. With VWP, you can stay in the U.S. for 90 days or less without needing a visa. Before traveling to the U.S., you should have a valid Electronic System for Travel Authorization (ESTA) and meet specific requirements.

The U.S. Department of State designates the countries included in the VWP. People from these countries can travel to the U.S. for a certain period of time without a visa.

How To Extend Your U.S. Stay

If you have a nonimmigrant visa and want to extend your stay in the U.S., you should file your request with U.S. Citizenship and Immigration Services (USCIS). Complete Form I-539 or the Application to Extend/Change Nonimmigrant Status to start the request. You must apply at least 45 days before your authorized stay expires. U.S. immigration officials often stamp the expiration date on your passport or through the I-94 issued at the port of entry.

Form I-94 is the Arrival or Departure Record issued by the U.S. Customs and Border Protection (CBP), a Department of Homeland Security (DHS) component. Here, the authorities issue foreign nationals with arrival or departure records to show that they were:

• Admitted into the United States
• Adjusting their status while inside the United States; or
• Extending their stay in the United States

If your I-94 expires while awaiting a decision on a request to extend or change visas, there is usually no cause for concern. The country allows those awaiting a decision to stay and wait for the outcome. If they approve your application, it will cover the gap between the time you waited for the extension or change of status.

But if they deny your application, you must leave the country within 30 days of receipt of the denial. You must leave within this period to avoid accruing unlawful time spent in the United States. You can expose yourself to deportation or removal proceedings.

Changing the Purpose of Your U.S. Visit

Let’s say your plans change while you are in the U.S. Maybe you received an offer for employment, or you married a U.S. citizen. You may request a change of nonimmigrant status to lawful permanent resident status (LPR), work visa, or other categories. USCIS processes the status change.

For more information about the adjustment of status from nonimmigrant to LPR or green card holder, visit the USCIS website.

Transition From Nonimmigrant to Immigrant

Certain nonimmigrant visa holders, like intracompany transferees, can change their status to become permanent residents of the U.S. But in most cases, the visa holder should exercise this cautiously. Only specific categories of nonimmigrant visa holders can adjust their immigration status to that of an LPR. Some of these instances are:

• Employment-based visa: Some nonimmigrant visa holders, such as those with an H-1 B (specialty occupation), can be sponsored by their employer to live in the U.S. permanently. Temporary agricultural workers from certain countries can also work in the U.S. with H-2A visas.
• Asylees and refugees: Those granted asylum status may apply for LPR after one year of living in the U.S. as an asylee.
• Temporary Protected Status (TPS): The Secretary of Homeland Security designates foreign countries for TPS. If officials find people from that country in the U.S., they cannot remove them from the United States. Although this does not lead to LPR status, they may file for adjustment of status based on an immigrant petition or immigration benefit.
• A person with a nonimmigrant visa married a U.S. citizen or lawful permanent resident
• Special immigrant categories: Nonimmigrant visa holders who may qualify for permanent residency after meeting specific criteria.

The Family-Based U.S. Immigration Process

The U.S. encourages family reunification. With this principle, U.S. citizens may petition their dependents to come to the United States. This application process is family-based immigration. U.S. citizens can sponsor family members for LPR status or green cards here. LPRs may petition their immediate family members to come to the U.S. as LPRs or green card holders.

There are preference categories for visa petitions of family members. For instance, LPRs can only petition their immediate relatives, including spouses and unmarried children. But an LPR can’t petition their married children, parents, brothers, sisters, and other extended relatives.

Nonimmigrant U.S. Visas: FAQ

See below for answers to frequently asked questions about nonimmigrant visas.

What Is the Difference Between an Immigrant Visa and a Nonimmigrant Visa?

An immigrant visa typically allows you to live and work in the United States for as long as you wish. A nonimmigrant visa is usually for temporary visitors to the United States who may be here to travel, seek medical attention, conduct business, or study. 

What Is Consular Processing of a Nonimmigrant Visa?

Consular processing of a nonimmigrant visa is the procedure in which you apply for a nonimmigrant visa at the United States embassy or consulate in your home country.

How Long Can I Stay in the United States on a Temporary Visa?

When you enter the United States, you will be given a small card called an I-94 card. A Customs and Border Protection officer will stamp the card with a date as you enter the country. This is the deadline by which you must leave the U.S., even if you still have a valid visa stamped in your passport on that date.

However, if your visa is “multiple entries,” you can use it to reenter the United States as soon as you like. Most visitor visas permit multiple entries, but some visas only allow one visit.

Does a Visa Guarantee Me Entry Into the United States?

No. The visa is issued by the Department of State’s Consular Office abroad. A separate United States agency, U.S. Citizenship and Immigration Services (USCIS), has the authority to deny admission at the port of entry.

USCIS also determines how long you remain in the United States. The Department of State Consular Office does not make this determination, even though it issues the visa.

If My Foreign National Fiancée Receives a Fiancée Visa, Do They Automatically Receive Permanent Residence Status After We Marry?

No. A fiancée visa (K-1) is actually a nonimmigrant (temporary) visa. After your marriage, if your new spouse wants to remain permanently in the United States, they must apply to adjust to permanent resident status. If you have been married less than two years, your new spouse will receive only a conditional permanent resident status.

How Can I Persuade the Consul To Issue a Visitor Visa?

You must show that you have strong ties to your home country, indicating that you intend to return there. You should demonstrate family relationships, ongoing employment, and financial stakes. Having a permanent residence abroad is required for tourists, businesses, students, exchange visitors, and some temporary worker visa applicants. The consular officer needs to be convinced that you will not use the nonimmigrant visa to gain entry into the United States with the intent of remaining here.

What Is a Work Permit?

If you are not a United States citizen or a lawful permanent resident, you may need to apply for a work permit from the USCIS to prove to an employer that you are legally entitled to work. United States employers are required to perform checks to ensure that all employees, regardless of citizenship or national origin, are allowed to work in the United States.

An Immigration Law Attorney Can Help You Secure a Nonimmigrant Visa

There are several U.S. visa categories available. The type of visa that you could qualify for may depend on the purpose of your trip to the United States. For most, it is for leisure or to visit a family member. For others, it is to showcase their extraordinary arts, business, sciences, or athletic abilities.

The burden of proving that you are entitled to a nonimmigrant visa and that you have strong ties to your home country falls squarely on your shoulders. It is important to receive your visa on your first attempt. Evidence suggests that it is increasingly harder to receive a visa with each subsequent attempt.

Each visa category may have varying steps and requirements. This can make the immigration process challenging and confusing for some. There are also rules under the Immigration and Nationality Act (INA) that may affect this process. Fortunately, legal help is available.

An immigration law attorney can give you legal advice tailored to your situation and guide you through the process of getting a nonimmigrant visa. They can help you prepare for the consular interview and ensure you can present the evidence you need to obtain a visa. FindLaw’s directory of immigration attorneys can get you started. Simply enter your location (city or ZIP code) for a list of qualified legal advisors near you.