U.S. Visa Overview

Visas for the United States are documents that the government issues to allow foreign citizens to enter the country. Immigrant visas are for people to permanently live and work in the U.S. Nonimmigrant visas are for temporary stays and limited reasons.

The U.S. requires citizens of most nations to have a visa to enter but other countries are exempt. A nonimmigrant visa authorizes the individual to carry out certain activities, such as tourism, work, study, and research, among others. The visa is normally placed in the applicant’s passport.

It is important to have the right type of visa for entering the U.S. This page provides an overview of the U.S. visa program. For specific answers to your individual visa and immigration questions, talk to a local immigration lawyer in your area for legal advice.

Visas for Immigrants and Visitors

There are several types of visas for people entering the U.S. Each type of visa specifies how it can be used and what can be done under the visa authority. A temporary visa also has an expiration date.

In the United States, visas are classified into immigrant visas and nonimmigrant visas. Under each of these two categories, there are various types of visas. Here are some answers to frequently asked questions (FAQs) about visas.

What Is an Immigrant Visa for the United States?

Immigrant visas are for foreign nationals who want to enter the United States to live and work permanently in the country. Immigrant visas may be filed based on family-based immigration, employment-based immigration, and diversity immigration. There is a maximum number of visas issued per year which is divided into those categories.

If a person wishes to enter the United States to stay permanently, they have to have an immigration visa. This document is processed and approved by the U.S. Citizenship and Immigration Services (USCIS). An immigration visa will allow the person from another country to have lawful permanent residence (LPR), or be a green card holder. After being a permanent resident for a certain number of years, the individual can apply to become a U.S. citizen.

The process of obtaining an immigrant visa depends on the status of the individual requesting it. For example, you may have eligibility for an immigrant visa, if:

• You have a family member who is a U.S. citizen or permanent resident.
• You have an offer for permanent employment from a U.S. employer.
• You want to make an investment in the country.
• Won a spot in the diversity visa program (visa lottery).

Each of these immigration visas has its own requirements, forms, and documents to submit. Your immigration law firm can help you find out more about the kind of visa you may be able to get.

Family Based Visas

The U.S. immigration system places a high value on family unification. Immediate family members of a U.S. citizen or permanent resident can apply for a family-based visa for their relatives. Immigration laws carefully define the family relationships that are eligible for an immigration visa.

Immediate relatives such as spouses, unmarried children under 21 years old, and parents of a US citizen may be eligible for this type of visa. However, other family members who aren’t considered “immediate relatives” under the laws, may take longer to be approved as a visa holder, depending on visa processing times. Under the visa preference system, other relatives that are eligible may take years before they can be approved, including:

• Unmarried children over 21 years old earn first preference (F1).
• Married children of any age earn third preference (F3).
• Siblings (if you are 21 years or older) earn fourth preference (F4).

Fiancé Visas in the USA

If you are engaged to a non-citizen, you may be able to bring your fiancé to the United States to get married. The fiancé(e) visa program (K-1 visa), allows non-citizens to come to the United States with their citizen fiancés, under certain conditions. The marriage must take place within 90 days of entering the U.S. and the couple may be interviewed by the USCIS to show that the marriage is legitimate and not solely for the purpose of gaining entry into the United States.

Use Form I-129F, Petition for Alien Fiancé(e), and when approved, it is valid for four months, during which time the foreign fiancé may travel to the United States. The petition can also be extended. If your fiancé(e) intends to live and work permanently in the United States you should apply to have your spouse become a permanent resident after your marriage.

USCIS has procedures to determine when fraudulent marriages are entered into for the purpose of receiving immigration benefits. Penalties for marriage fraud for immigration include deportation, jail time, fines, and loss of permanent residency.

Employment-Based Visas

There are several employment-based visas, including temporary workers and immigrant work visas that allow someone to permanently live and work in the U.S. Some of these employment visa categories include:

Nonimmigrant Visas for Temporary Work Authorization

• H-1B: Foreign professionals in specialty occupations
• H-2A: Agricultural workers from certain countries
• H-2B: Seasonal non-agricultural workers
• L-1A/L-1B: Certain workers employed with companies operating in the U.S.

Immigrant Visas for Permanent Residence and Work Authorization

• EB-1: Priority workers
• EB-2: Professionals with advanced degrees and persons of extraordinary ability
• EB-3: Skilled workers, professionals, and other unskilled workers
• EB-4: Certain special immigrants
• EB-5: Immigrant investors

Which Immigrant Visas Have a Limited Quantity?

Some immigrant visas are subject to annual availability limits. The USCIS divides the types of visas into categories and in turn, assigns a quota which is announced by bulletin each year.

Family-sponsored visas and employment visas have a quota limit and generally longer wait times. For example:

• In the case of family-based immigration, spouses and children of lawful permanent residents receive a higher percentage of available immigrant visas than married children of U.S. citizens.
• When it comes to employment-based immigration, priority career workers, outstanding teachers, and people with extraordinary job skills receive a higher proportion of available work visas than religious or skilled labor workers without an advanced degree.

What Is a Diversity Visa?

Each year, the United States offers a limited number of visas to promote diversity immigration. USCIS grants these visas to immigrants from countries that have historically sent fewer emigrants to the U.S. Countries that are generally not eligible include countries with a lot of immigrants to the U.S., including Mexico, Canada, China, India, Philippines, and others.

The diversity program is managed through an annual visa lottery. If you win one of these slots, you can go live in the U.S. and get permanent residence (green card). You can only register once a year based on the annual lottery.

Which Visas for the United States Do Not Have Vacancy Limits?

Some immigrant visas are not subject to a limited number of immigrants. Visas without a limited quota include:

• Direct relatives of U.S. citizens.
• Permanent residents returning to the United States.
• Former U.S. citizens.

The direct relative category is one of the most requested within these visa classes, although it only covers spouses, unmarried children under 21, and parents if the citizen is 21 years of age or older.

What Is a Nonimmigrant Visa for the United States?

Nonimmigrant visas are for foreign nationals who do not intend on staying permanently in the U.S., such as tourists and business visitors. Non-immigrant visas are the most common type of visa in the U.S. immigration system. The type of non-immigrant visa determines how long they are allowed to stay in the country and what sort of activities they can do. There are several types of nonimmigrant visas, so it is important to contact an immigration attorney to see which non-immigrant visa is right for you.

The U.S. Department of State (DOS) is the federal office of the U.S. government that is responsible for foreign policy. The State Department works with U.S. consulates and U.S. embassies around the world to arrange services for temporary visitor visas.

If a person enters the U.S. on a nonimmigrant visa, they must agree to return to their home country by the visa expiration date and not exceed the time allowed. There are a wide variety of nonimmigrant visa categories, each with different requirements, rights, and responsibilities for the holder. The most frequently requested types of nonimmigrant visas are:

• A-1 visa for diplomatic personnel.
• B-1 visa for business travelers.
• B-2 visa for tourists, including visiting for medical treatment.
• D visa for crew members
• F-1 visa for a student visa.
• H visa for temporary work.
• H-1B visa for specialty occupations.
• J-1 visa for exchange visitors and exchange programs.
• R visa for religious workers.

These non-immigrant visas do not provide permanent residence and they may limit the type of work that can be performed. If someone wants to change the reasons for their stay in the U.S., they may be able to apply for another visa category, if they meet the eligibility requirements.

How To Get Legal Help With a Visa Application?

For some people, the application process for immigration or a nonimmigrant visa application can be complicated. Visa procedures can involve managing forms, documentation, biometrics, and visa interviews with a consular officer.

An immigration attorney can advise you on visa eligibility and visa application procedures. In addition, an immigration lawyer can explain which is the most appropriate type of visa according to your family, work, or economic situation. A lawyer will also tell you how to make good use of the different types of visas.

Which Citizens Do Not Need a Visa to Temporarily Enter the U.S.?

Citizens of certain foreign countries do not need a visa to visit the United States for tourism or business, as long as they will not be in the country for more than 90 days. These people can arrive directly at a port of entry with their valid passports.

What Is the Visa Waiver Program?

The visa waiver program allows nationals of certain countries to enter the U.S. for a short period of time. To register for this program, an online application must be submitted to the Electronic System for Travel Authorization (ESTA). This pre-approval is required to register for online travel clearance and should be submitted no later than 72 hours before departing the U.S.

Here you can check if you belong to one of the nations included in The Visa Waiver Program.