Login

US Visa Types

US Immigration Visa Types

US Immigration Visas for Aliens

 

Non-immigrant visas permit foreigners to remain in the United States for a specific duration with different limitations, depending on the type of visa they possess. An immigrant visa (green card), on the other hand, permits a foreigner to reside permanently and work in the United States so long as he meets certain conditions. Here are the most common types of non-immigrant visas:

 

TYPE

DESCRIPTION

B-1 

The B-1 Visa is for temporary visitors for business. U.S. employment not authorized.                              

B-2

The B-2 Visa is for temporary visitors for pleasure.  U.S. employment not authorized.

E-1 and E-2

The E-1/E-2 visas are for treaty traders and treaty investors, their spouses and children. (Applies only to citizens of certain countries with a treaty of trade and commerce with the U.S.)

E-3

The E-3 visa status is offered to Australian citizens who have an offer of employment in the United States in a specialty occupation.  Applies to those who hold a bachelors degree relevant to the job duties.

E-3D

The E-3D visa is for a wife or spouse of an E-3 visa holder. Spouse may apply for work authorization.

F-1

The F-1 visa is for students who intend to complete their coursework in the United States.  Optional practical training (work permit) issued upon graduation.

F-2

The F-2 visa is for a spouse or child of student.

H Classification

The H visa classification includes various visa categories. The H-1B visa is for professionals in a specialty occupation; the H-1C visa is for nurses working in medically under served areas; H-2A is for temporary or seasonal agricultural workers in short supply; the H-2B classification is for temporary or seasonal non-agricultural workers in short supply; H-3 is for trainees. Spouses and dependents of H visa holders qualify for the H-4 status.

H-1B

In order to qualify for an H-1B visa, the intended employment must be in a specialty occupation. To establish that a job qualifies as a specialty occupation, the position must meet the following standards; (a) requires a bachelors degree or higher for entry into the profession; (b) the degree requirement is common to the industry or the position is so complex or unique that it can be performed only by an individual with a degree; (c) the employer normally requires a degree or its equivalent for the position; or (d) that the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelors degree or higher.

H-1C

H-1C visa status is for registered nurses who will work for up to three years in health professional shortage areas (HPSA).

H-2     

Temporary non-professional wokers temporarily performing services for which no qualified U.S. candidates may be found.  Labor certification is required.

H-2A

The H-2A visa status is for temporary agricultural workers.

H-2B

The H-2B visa status is for temporary non-agricultural workers: skilled and unskilled.

H-3

H-3 Trainee visa. Available for up to two years for individuals who wish to come to the United States for training by the petitioning organization.

H-4

The H-4 visa is for the spouse or child of alien classified as H-1, H-2, or H-3.

J-1

J-1 Exchange visitor visa:  May be available to students, medical interns, medical residents, company trainees, scholars and others.  Sometimes, a J-1 visa holder is required to return to his home country for two years before a different visa can be issued to him or her.

J-2

The J-2 visa status is for the spouse or child of exchange (J-1) visitor holder.

K-1

K-1 Fiance visa is for fiances of U.S. citizen.  Marriage must occur within 90 days of entry.

K-2

K-2 visa status is for dependents of a K-1 visa holder.

K-3

Temporary visa for spouse of a U.S. citizen (LIFE Act).

K-4

Child of K-3 visa holder (LIFE Act).

L-1

L-1 Visa - Intra-company transferee.  Executive, managerial, and specialized personnel continuing employment with an international firm or corporation with an office, branch or affiliation in the United States.

L-1A

L-1A Visa- This is for an intra-company transferee who is an executive or managerial positon.

L-1B

L-1B Visa - Available for intra-company transferees with specialized knowledge.

L-2

Spouse or minor child of an alien classifed L-1.

M-1

Vocational student or other non-academic student.

M-2

Spouse or child of M-1.

O-1

O-1 Visa - Aliens of extraordinary ability in the sciences, arts, education, business, or athletics, who must demonstrate sustained national or international acclaim.

O-2

O-2 Visa- Aliens accompanying O-1 holders.

O-3

O-3 Visa: Spouse or child of O-1 or O-2 visa holder.

P Status

P Visa - Performing artists and athletes.  Available for athletes performing at an internationally recognized level of performance; entertainers in an international group recognized as outstanding.

Q Status

Cultural exchange visitors.  Available for individuals who will participate in a cultural exchange program.

R Status

R Visa status: Available for ministers, professional workers in religious vocations and occupations, and other religious personnel working for non-profit religious organizations.

TN

TN Visa - Trade visas for Canadians and Mexicans under the NAFTA agreement.

TD

Spouse or child accompanying TN visa holder.

TPS

Temporary protected status.

U Visa

Victims of certain qualifying criminal activity.

V-1

Spouse of an LPR who is the principal beneficiary of a familly-based petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years.

V-2

Child of an LPR who is the principal beneficiary of a familly-based petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years.

V-3

The derivative child of a V-1 or V-2.

Adoption/Orphan

Adopted Child: An unmarried child under age 21, who was adopted while under the age of sixteen, and who has been in legal custody and lived with the adopting parent(s) for at least two years. These rules do not apply to orphans adopted by American Citizens. The adoption decree must give the child all the rights of a natural born child.

Orphan The Immigration and Nationality Act provides a definition of an orphan for the purposes of immigration to the United States.
A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother).
Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States.

Visa Lottery

The Visa Lottery is also known as the Diversity Immigrant Visa Program.  This makes 50,000 permanent resident visas available annually to people from countries with low rates of immigration.  Applicants are chosen by a computer-generated random lottery drawing.  The visas are distributed among six geographic regions, and no one country within the region may receive more than seven percent of the available visas.

For the year 2018, the people of the following countries are not allowed to apply because they have sent a total of more than 50,000 immigrants to the U.S. in the past five years:
BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, NIGERIA, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

Asylum

An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year. 

-->