Part III Introduction to Nonimmigrant (temporary) Visas

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

PART III Introduction to Nonimmigrant (Temporary) Visas

A. Types of Nonimmigrant Visas

B. Difference Between a Visa and a Status

C. Security Measures

D. Getting a Nonimmigrant Visa at a Consulate Outside Your Home Country

E. At the Border

F. Time Limits on Nonimmigrant Visas

1. Expiration Date of Your Visa Petition or Certificate of Eligibility
2. Expiration Date of Your Visa
3. Number of U.S. Entries Permitted on the Visa
4. Departure Date on Your I-94 Record
5. Expiration Date of Your Passport
6. Changing or Extending Your Status

G. Effect of Nonimmigrant Visas on Green Cards

H. Nonimmigrant Visas and U.S. Taxes

There are many kinds of nonimmigrant (temporary) visas. Each is issued for a different purpose and each is known by a letter-number combination as well as a name. You might be familiar with the more popular types of nonimmigrant visas, such as B-2 visitors, E-2 investors, or F-1 students. All of these fall into the general nonimmigrant group.

When you get a nonimmigrant visa, the U.S. government assumes you will perform a specific activity while you are in the United States. You are therefore given a specialized visa authorizing that activity—and basically only that activity—for a specific, limited time.

How is a nonimmigrant visa different from a green card? The most fundamental difference is that all green cards are permanent while all nonimmigrant visas are temporary. If you hold a green card, you are considered a permanent resident of the United States. Your green card can be taken away only if you violate certain laws or regulations. The exact opposite is true of nonimmigrant visas—they're very easy for the government to take away from you. For example, if you travel to the U.S. on a nonimmigrant visa and the border authorities think you do not plan to go home after your stay is over, the visa will be taken away. Also, after you've held a green card for a certain length of time, you can become a U.S. citizen; a nonimmigrant visa, however, will never lead directly to U.S. citizenship.

CAUTION

Never lie to get a visa. People who use fraudulent documents, make misrepresentations, or attempt entry to the U.S. without proper documentation, can be refused entry at the U.S. border or airport, removed from the U.S., prosecuted for a crime, and prevented from returning for five years or more. Accordingly, it is extremely important to understand the requirements of the visa classification you are requesting and not make any misrepresentations of your intent or qualifications for that particular visa.

A. Types of Nonimmigrant Visas

Nonimmigrant visas differ from each other in the kinds of privileges they offer, as well as how long they allow you to stay in the United States. Here is a summary list of the various nonimmigrant visas available:

A-1. Ambassadors, public ministers, or career diplomats, and their spouses and children

A-2. Other accredited officials or employees of foreign governments and their spouses and children

A-3. Personal attendants, servants, or employees of A-1 and A-2 visa holders, and their spouses and children

B-1. Business visitors. (Also GB for temporary business visitors to Guam; and WB, for business visitors from countries participating in the Visa Waiver Program.)

B-2. Visitors for pleasure or medical treatment. (Also, WV tourists from countries participating in the Visa Waiver Program. See Chapter 15 for a description of this program and the countries included.)

C-1. Foreign travelers in immediate and continuous transit through the U.S.

C-2. Foreign travelers going directly to and from the United Nations Headquarters District

CW-1. Workers in the Commonwealth of the Northern Mariana Islands

CW-2. Spouses and children of CW-1 workers

D-1. Crewmen who need to land temporarily in the U.S. and who will depart aboard the same ship or plane on which they arrived

D-2. Crew members who need to land temporarily in the U.S. and who will depart aboard a different ship or plane than the one on which they arrived

E-1. Treaty traders working for a U.S. company and their spouses and children

E-2. Treaty investors working for a U.S. company and their spouses and children (including E-2C for long-term investors in the Commonwealth of the Northern Mariana Islands)

E-3. Nationals of Australia working in a specialty occupation that requires a bachelor's degree or higher education, and their spouses and children

F-1. Academic or language students

F-2. Spouses and children of F-1 visa holders

F-3. Citizens or residents of Mexico or Canada commuting to the U.S. as academic or language students

G-1. Designated principal resident representatives of foreign governments coming to the U.S. to work for an international organization, their spouses and children, and their staff members

G-2. Other accredited representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children

G-3. Representatives of foreign governments and their spouses and children who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization

G-4. Officers or employees of international organizations and their spouses and children

G-5. Attendants, servants, and personal employees of G-1 through G-4 visa holders and their spouses and children

H-1B. Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience and distinguished fashion models

H-1B1. Chilean or Singaporean nationals working in a specialty occupation

H-1C. Registered nurses working in areas where health professionals are in short supply

H-2A. Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of U.S. workers has been recognized by the U.S. Department of Agriculture

H-2B. Temporary workers of various kinds coming to the U.S. to perform temporary jobs for which there is a shortage of available qualified U.S. workers

H-3. Temporary trainees

H-4. Spouses and children of...