This sticky is not relevant to any persons visiting the United States of America for the sole purpose of business or tourism that is a citizen of a Visa Waiver Program Country or Canada. If you are from a VWP country or Canada and intend to work in the United States, then this does apply to you.
United States Nonimmigrant Visa Guide
There is always much confusion with the visa policy of the United States. Visiting the United States of America for business or pleasure can seem overly complex. Immigrating to the United States of America can seem absolutely impossible.
Hopefully this visa guide will assist you interpret the visa categories/types relevant for work, vacation or immigration.
Lets define two very different categories:
NONIMMIGRANT:
A U.S. visa allows the bearer, a foreign citizen, to apply to enter the U.S. temporarily for a specific purpose. Nonimmigrant visas are primarily classified according to the principal purpose of travel. With few exceptions, while in the U.S., nonimmigrants are restricted to the activity or reason for which their visa was issued. Examples of persons who may receive nonimmigrant visas are tourists, student, diplomats and temporary workers. Some immigrant visa categories require a non-immigrant visa prior to the issuing of an immigrant visa at a USCIS (United States Citizenship and Immigration Services) center.
IMMIGRANT:
An immigrant visa is for a person who plans to live indefinitely and permanently in the U.S. Only in specific circumstances is an immigrant visa issued before a non-immigrant visa. An example of which is marriage.
This sticky deals strictly with nonimmigrant visas.
NOTICE: The majority of immigrants (Lawful Permanent Residents LPWs) will start their journey on a nonimmigrant visa.
Now lets break down the non-immigrant types. There are several. You should consider applying for a visa that best matches your intended purpose.
B-1 Visa
Business Visitors – persons seeking entry into the United States for the sole purpose of business. This includes conventions, meetings, consultations. This does not mean working for wages in the United States.
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J Visas
Exchange Visitor Visa - The Exchange Visitor (J) non-immigrant visa is for individuals approved to participate in work-and study-based exchange visitor programs.
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L Visas
Intra-company Transferee Visa - To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.
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B-2 (Tourism/Medical Treatment)
Tourism/Medical Treatment - Any person desiring to visit the United States for the purposes of tourism should apply in this category. Medical treatment not funded by the US Government but rather the insurance of a foreign entity outside the US or individual savings should apply for this category.
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H-1B
Person in Specialty Occupation - To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.
Be advised 75% of all nonimmigrant visas for the purposes of work will fall under this category.
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F/M Visas
Student Visa - A student wishing to attend a university or other academic institution in the United States requires a student (F-1) visa. This includes for language studies, but does not include non-academic/vocational studies. A non-academic study would be a M visa.
I-20 and SEVIS approved school required prior to interview.
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C Visa
Transit Visa – For any person or persons desiring to transit the United States on a connecting flight. Overnight stay are not permit.
This type of visa is not recommended for spouses of United States citizens transiting the United States for a foreign destination.
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K Visa (Fiancée or Spouse)
Nonimmigrant Visa for Fiancée (K-1) - The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (Green Card) with the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United State.
Nonimmigrant Visa for Spouse (K-3) - The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition.
Under MOST circumstances a nonimmigrant K visa will lead to a CR/IR immigrant visa.
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In the coming weeks I will define the types of immigrant visas, and what is needed to obtain one. As stated before – this sticky will apply to a vast majority of individuals seeking to live and reside in the United States, with the hopes of one day living there permanently.
Feel free to reply to this thread with any questions, or if you feel more comfortable send me a private message.
Good Luck!
Matt-
