There are numerous kinds of nonimmigrant, temporary visas with each serving a different purpose known by a letter number combination and name. The most popular are B-2 visitors, E-2 investors or F-1 students. When you are provided with a nonimmigrant visa, the United States government’s assumption is that you will perform a specific activity for a specific limited time while you are in the United States.
The principal difference is that all green cards are permanent while all nonimmigrant visas are temporary. If you have a green card, it can only be taken away if you violate certain laws and or regulations. However, the government can easily take away nonimmigrant visas. Legally acquiring a nonimmigrant visa does not help or hurt one as it relates to getting a green card.
Types of Nonimmigrant Visas
For those who desire to come to the United States as a visitor on a B-1 visa or tourist on a B-2 visa. See I.N.A. § 101(a)(15(B), 8 U.S.C. § 1101(a)(15)(B); C.F.R. § 214.2(b)
- B-1 Visa: You qualify if your intent is to visit the United States for temporary or a business trip.
- B-2 Visa: You qualify if you are visiting the United States temporarily as a tourist or for medical treatment.
You must demonstrate that you intend to return to your home country upon your visit’s conclusion. Contact us to prepare your B-1 or B-2 visa petition. It is extremely important that you contact us if you have had difficulty previously acquiring a visa, overstayed a visa or are from a nation thought to sponsor terrorism.
The M-1 visa is for vocational students while the F-1 visa is for academic students. See I.N.A. § 101(a)(15)(F), 8 C.F.R. § 214.2(f), I.N.A. § 101(a)(15)(M), 8 C.F.R. § 214.2(m)
The following conditions must be met to qualify:
- You must be accepted to a Government approved school as student visas are only issued to students who will attend United States schools that have received prior approval from USCIS for enrollment of foreign students.
- You must be a bona fide student implying your intent to come to the United States must be to study and no other purpose(s)
- You must be enrolled in a full course of study
- The program must lead to attain a specific educational or vocational objective
- You must have knowledge of the English language
- You must show that you have adequate financial resources to complete your entire studies or course work without working
- When you apply, you must intend to return to your home country upon completion of your studies
Family Members: If you qualify for an F-1 visa or M-1 visa, your spouse and unmarried children under age 21 can get an F-2 or M-2 visa. Your school must issue a separate Form for them.
Congress created the J-1 visa to promote educational and cultural exchanges between the United States and other countries. You must meet the following criteria:
- Your intent must be to teach, train, study, work, consult or observe United States culture in a specific exchange visitor program
- You should already have been accepted into a program
- You should have enough money to cover your expenses
- You should have sufficient knowledge of English
- Your intent must be to return home when your status expires
Family Members: Your spouse and unmarried children under age 21 can get a J-2 visa with proper documentation.
O and P visas are for outstanding workers in education, arts, sciences, businesses, entertainment, and athletics. R visas are for Religious workers.
O-1 Visa Requirements:
You must have extraordinary ability demonstrated by at least three of the following:
- Received an internationally or nationally recognized prize or award
- Been the subject of published material in professional publications
- Commanded a high salary
- Previously employed in a critical capacity
- Written scholarly articles
- Made original contributions of major significance
- Member of an association requiring outstanding achievements
- Participated as a judge of others’ work
Other O, P, and R Categories:
- O-2: For essential support personnel of O-1 athletes and entertainers
- O-3: For family members of O-1 and O-2 holders
- P-1: For internationally recognized athletes or entertainment groups
- P-2 or P-3: For artists and entertainers under specific programs
- R-1: For religious workers
The U visa offers temporary legal status to crime victims. Eligibility criteria include:
- Victim of a “qualifying criminal activity” in the US
- Suffered substantial physical and mental abuse
- Able to provide useful information
- Cooperating with law enforcement
- Admissible to the United States or eligible for a waiver
Important Note: Only 10,000 U visas are issued annually. Processing times can be significant.
The United States-Mexico-Canada Agreement, USMCA provides special privileges for Canadian and Mexican professionals:
- TN Status: Available for certain professional occupations, lasting up to three years with renewable terms
- Canadian Students: Simplified process for F-1, M-1, or J-1 status
- F-3 Visa: Special visa for border commuter students from Canada or Mexico
Contact us for assistance with determining your visa eligibility and preparing your application.