(NON-IMMIGRANT VISA CLASSIFICATION)
Foreign nationals entering the United States with a nonimmigrant visa are classified temporary visitors by the USCIS. It is assumed by the USCIS regulations and laws that these temporary visa holders intend to return to the country of origin at the end of their stay in the United States. Some temporary visitors may be permitted to petition for permanent residence, however, others are not permitted to do so and if he or she should overstay their permitted time they may have difficulties when requesting a visa extension or reentering the United States in the future based on a showing of dual intent. Dual intent implies that a person who holds a nonimmigrant visa classification is not permitted to have the intent to petition for a permanent status, with the exception of certain temporary workers and intra-company transferee visa holders.
- A -1, A-2, A-3 & G Visas Diplomat and Foreign Government Officials
- B-1 Business Visitors
- B-2 Visitor for Pleasure, Tourism, Sightseeing, Visiting Relatives
- Visa Waiver Program
- C-1 Foreign Nationals in Transit
- D Foreign National Crewmen
- E-1 Treaty Traders
- E-2 Treaty Investors
- F-1 Student Visas (and Practical Training)
- F-2 Student Visas for child or spouse of student
A AND G VISAS FOREIGN GOVERNMENT OFFICIALS
A Visas are granted to foreign national government heads of state such ambassadors, diplomats, high military officials and their employees as well as their spouses and children. G Visas are for officials, employees and dependents of international organizations or quasi government organizations such as The United Nations, Work Bank and The International Monetary Fund.
B-1 BUSINESS VISITOR
A business visitor is a foreign national who enters the United States for a business purposes under the direction and supervision of the foreign employer he is in the U.S. to represent. The B-1 visa holder may be admitted to negotiate transactions, attend a business conference but may not engage in employment in the U.S. market or accept payment for services from any United States company or organization.
B-2 VISITOR FOR PLEASURE
The largest of the nonimmigrant categories is the B-2 Visitor Visa. The visa visitor is a foreign national who is admitted into the U.S. to visit relatives or friends or for holiday or tourism. The B-2 visa has also been expanded through the years to include persons coming for health reason and amateur athletes. Visitors are not permit to work or attend school while in the United States.
VISA WAIVER PROGRAM
The visa waiver program permits foreign nationals from certain countries to visit the United States. Beginning in 2000, Foreign Nationals from certain countries are permitted to visit the US without a visa when arriving for a tourist or business purpose. However, a foreign national must overcomes any grounds of inadmissibility being admitted from a country designated under the visa waiver program. A foreign national permitted under the visa waiver program may not remain in the US for longer than 90 days. Extensions are not permitted and a person may not adjust status under the visa waiver program.
TREATY TRADERS AND INVESTORS (E-1 VISA, E-2 VISA; EB-5 VISA)
Foreign nationals seeking to establish a business in the United States or purchase an existing business in the United States must seek a Treaty Traders and Investors Visa. To qualify for an E-1, E-2 or an E-B5 green card based temporary investor visa a foreign national must meet certain investment criteria in the United States.
Students who desire to enter the United States on a temporary basis and solely for the purpose of pursuing a full course of study in a post secondary educational program and institution approved by the US Citizenship and Immigration Services may qualify for an F-1 student visa. As a prerequisite to issuance of an F-1 student visa or change of status, a student is required to be admitted by a school and issued a form I20 authorization document approved by the Designated School Official (DSO). A student is required to submit this document in order to obtain F-1 classification. F-1 students are prohibited from attending public elementary schools are probably funded educational programs. However of one visas may be permitted to attend a public as a secondary school if the foreign national reimbursing educational agency for the cost and expense of providing such education. SEVIS, student and exchange visitor information system, is an Internet-based software application use track and monitor non-immigrant students in exchange visitor visitors and their dependents, both before and after they are admitted to the United States.