FAQ: Passports for Nonimmigrant Visa Visitors to the U.S.

Traveling to the United States as a nonimmigrant visitor requires a few documents. 

This article contains frequently asked questions (FAQs) about passports, entry procedures, and visa applications for nonimmigrant travelers.

• What is a passport?
• What are the passport validity requirements for entering the United States?
• What is an immigrant visa?
• What is a nonimmigrant visa?
• What are the basic steps to apply for a nonimmigrant visa?
• If I have a U.S. visa, do I need a passport?
• Do children need passports?
• Can I travel to the U.S. with a new passport and a U.S. visa on an expired passport?
• How can an immigration attorney help?

Immigration rules and visa processes are subject to change. An immigration attorney near you can answer your questions and provide up-to-date legal guidance tailored to your situation.

What Is a Passport?

A passport is a universally recognized document proving identity and nationality. It contains crucial information about you, such as your full name, place of birth, birth date, photograph, and signature.

What Are the Passport Validity Requirements for Entering the United States?

One of the most essential requirements when entering the United States is that the passport must be valid upon entry. Generally, the passport should remain valid for at least six months after the intended stay in the United States. This rule ensures that if there are unexpected delays in your stay in the U.S., your passport remains valid and that you follow U.S. immigration law. Before traveling to the U.S., check your passport’s expiration date.

Are There Exceptions to the Six-Month Passport Validity Rule?

There are exceptions to the six-month passport validity rule. This includes countries with which the United States has specific agreements. It allows foreign citizens of that country to have their passports valid only for their intended stay in the United States. For additional information, you can check the complete list on the U.S. Customs and Border Protection (CBP) site.

What Is an Immigrant Visa?

Various U.S. visa categories serve different purposes. There is an immigrant visa, also called a lawful permanent residence visa or green card. An immigrant visa gives you the authority to live and stay in the United States. With this type of visa, you can also work, study, and engage in other activities, the same as an American citizen, with few exceptions.

What Is a Nonimmigrant Visa?

A nonimmigrant visa is for those who come to the United States temporarily for tourism, business, studies, or work. You can only use it for a specific duration and must limit your activities to those for which your U.S. visa was issued.

Some of the basic categories of nonimmigrant visas are as follows:

Visitor Visas

The B-1 and B-2 visitor visas are temporary visas for those visiting the U.S., either for business travelers, tourists, or those seeking medical treatment. The validity of these visas often ranges from six months to 10 years, allowing the visa holder to stay in the U.S. for up to six months per entry. This visa category does not allow people to work or study in the United States.

Student Visas

The U.S. government also grants F-1 and M-1 student visas for those who intend to engage in academic or vocational studies or training in the country. The F-1 visa is for full-time academic students enrolled in an accredited U.S. university, college, academic high school, language training program, or other academic institution. The M-1 visas are for those who intend to engage in vocational or non-academic study or training in the country.

Specialty Occupations Visa

The H-1B and H-2B temporary worker visas, or employment-based visas, are granted to those coming to the U.S. for temporary work. This type of visa often lasts for a fixed period and requires a U.S. employer to petition the employee. U.S. Citizenship and Immigration Services (USCIS) processes the petition filed by the U.S. employer.

What Are the Basic Steps To Apply for a Nonimmigrant Visa?

Applying for a U.S. visa often starts by filling out a visa application form and scheduling an interview with the U.S. embassy or U.S. consulate in your home country. Visa processing is a detailed process that requires preparing the necessary documents to increase your chances of getting a visa. The following are the basic steps that happen during the visa application process:

Step 1: Determine the Purpose of Travel

The application form, visa processing, and requirements depend on the purpose of your travel. So, know the purpose of your trip to the United States. Then, you can identify which visa category applies to your case.

Step 2: Complete the Visa Application Form

If you want to travel to the U.S. temporarily, complete the DS-160 nonimmigrant visa application form. You can submit it online through the U.S. Department of State website. You can also search the USCIS website for all USCIS forms. The consular officers use the data you provided on the form to process your nonimmigrant visa application and the visa interview.

Step 3: Schedule a Visa Appointment

Once you submit the form DS-160, you should schedule your visa appointment at the nearest U.S. consulate or embassy. You can choose the date and time of your visa interview through the website.

Step 4: Gather the Required Documents

Gather all the required documentation before your visa interview. This often includes your passport, U.S. visa-compliant photographs, and the DS-160 confirmation page. You may also need to provide proof of payment for the visa application fee, so it is best to have the confirmation page printed and ready.

For those traveling for a specific purpose, showing the financial capacity to pay for your trip or relevant documentation helps. For instance, showing proof of your financial means or travel plans is beneficial if you travel to the U.S. for tourism. If you are applying for employment, bringing evidence of your employment offer letter is helpful. Employer sponsorship or a letter from the company detailing the nature of the job and the duration of your employment will help.

Step 5: Attend the Visa Interview

A consular officer conducts the interview. They will ask you questions to assess your qualifications to receive a U.S. visa. It helps to prepare your answers beforehand for the questions they may ask.

Step 6: U.S. Visa Issuance

After your interview, you will learn immediately if the consular officer approves your U.S. visa application. They will ask for your passport, which they will affix to your U.S. visa. The administrative processing of U.S. visas may vary depending on the U.S. embassy or consulate.

If I Have a U.S. Visa, Do I Need a Passport?

Yes. You would need a passport to enter the United States, even with a U.S. visa. A visa is a travel document, often contained in your passport. It allows you to travel to the U.S. port of entry and ask permission to enter the United States.

But the visa alone is insufficient for you to enter the country. Your passport is your primary travel document, containing the details verifying your identity and nationality.

Do Children Need Passports?

Yes. Everyone needs a passport to travel outside their home country. Children under 16 should apply for their passports with two parents or guardians.

There are also requirements when applying for passports for your child. If you are the parent or guardian, you may need to submit one of the following documents:

• Birth certificate
• Consular Report of Birth Abroad or certification of birth
• Certificate of citizenship

In the U.S., children under 16 applying for a U.S. passport must apply in person with their parents or guardians. The parent or guardian may fill out the child’s application form. The form is available on the U.S. Department of State website.

Can I Travel to the U.S. With a New Passport and a U.S. Visa on an Expired Passport?

Yes. You do not need a new visa to travel to the U.S. as long as your U.S. visa is still valid. You can travel to the U.S. with two passports — your old one and your new one.

Once you arrive at the U.S. port of entry, a U.S. Customs and Border Protection officer will check your U.S. visa from your old passport. The officer will then decide whether to admit you into the country. Once they choose to allow you into the country, they will stamp your new passport. The stamp often contains an annotation that reads “VIOPP” or “visa” in another passport.

Do not try to remove your U.S. visa from your old passport and paste it into your new passport. Your visa will no longer be valid if you do so.

How Can an Immigration Attorney Help?

Navigating passport requirements for travel to the U.S. can be challenging, especially when applying for a U.S. visa. If you have questions or concerns about your passport or visa application, legal help is available. An immigration attorney can give personalized guidance and help you understand your eligibility or ineligibility to apply for a U.S. visa. They can help you prepare for your visa interview to lessen the chance of visa denial.

Immigration attorneys also offer other visa services. For instance, if you are a lawful permanent resident or a U.S. citizen who wants to petition your family members, they can help you understand the process of acquiring a family-based immigrant visa. For permanent residents who want to apply for a change of status to that of a U.S. citizen, an immigration lawyer can also clarify the steps and process for you.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.