Nonimmigrant Visa Categories

OVERVIEW OF ALL NONIMMIGRANT VISAS

U.S. immigration law currently provides for approximately 66 nonimmigrant or temporary nonimmigrant visa classifications. No numerical (quota) restrictions apply to these categories, except for the H-1B, H-2B, Q-1, Q-2 and S classifications. All nonimmigrant visas require the visa holder to be coming to the United States temporarily to study or to work, though the definition of “temporary” varies in each visa category.

Nonimmigrant visas are indicated by letters, or letters and numbers (please see the list below). All nonimmigrant visas are temporary. After obtaining a nonimmigrant visa, a foreign national cannot just magically “change” from any nonimmigrant to immigrant status without first completing further immigration law procedures. In other words, nonimmigrant visas can never be converted into a Lawful Permanent Resident Alien (Green Card) Status, unless a nonimmigrant visa holder begins a Labor Certification or Relative Petition process, becomes a Diversity Lottery Winner, or applies for an immigrant visa in a special immigrant category such as a Religious Worker or an Investor.

No nonimmigrant visa gives a foreign national a blanket “work permit” allowing that foreign national to work for any U.S. employer. Each visa has a series of complicated legal restrictions imposed both on obtaining and maintaining the visa. Some categories allow spouses and minor single dependent children to accompany a foreign national to the United States, while others do not. Some allow a foreign national to work and study, while other visas allow a foreign national to either work or study. Please consult our Law Offices before you apply for any nonimmigrant visa so that all visa requirements can be explained to you – for example, the fact that you must pay income taxes on your earnings in the United States.

APPLYING FOR A NONIMMIGRANT VISA

Normally, to be granted most nonimmigrant visas (NIV), an immigration attorney must prepare extensive documentation on behalf of the sponsoring employer, organization, or educational institution, and also on behalf of the foreign national employee and his/her family members.

If the foreign national is already in the United States in a valid nonimmigrant status (with no unauthorized employment), the attorney can request the foreign national be granted a “change” from one nonimmigrant visa category to another. The documentation and evidence that the immigration attorney prepares and submits for most nonimmigrant visas include proof that the foreign nationals (and accompanying family members) who are also planning to work in the United States, possess credible “ties” to their home country. The U.S. Government must be convinced that each foreign national plans to return to his or her country, and that the foreign national is not trying to obtain immigrant (Lawful Permanent Resident Alien, Green Card) status in the United States. U.S. Congress has specifically exempted certain foreign nationals from having to prove this “nonimmigrant intent”. (Please see the immigration attorney for details.)

If a foreign national is applying for a nonimmigrant visa abroad, the foreign national will apply for the nonimmigrant visa at an American Embassy or Consulate. All proof of qualifying for the visa, including proof of nonimmigrant intent, is submitted to a Consular Officer or to a U.S. Department of State employee charged with the duty of issuing nonimmigrant visas.

Historically, certain countries are deemed by the U.S. Government to have a high incidence of various types of visa fraud. In these countries, it is often very difficult to obtain any nonimmigrant visa without using the services of a credible immigration attorney to prepare your documentation for you and to prepare you for answering questions that are typically asked. If you are denied a visa, this fact is noted in your passport and it is far more difficult to obtain a visa after a denial, even with the assistance of a private, skilled immigration attorney.

In addition, historically, the U.S. Department of State has viewed with great skepticism the “nonimmigrant intent” of foreign nationals applying for nonimmigrant visas from countries that are involved in a civil war or war, those that are in an economic recession, or those that have a history of documented human rights violations or have only recently “opened their borders” to outsiders and have become more democratic (third world or developing countries).

If your home country falls in any of these aforementioned categories, it is imperative that you seek out the advice of an immigration attorney before you apply to either the Immigration & Naturalization Service here in the United States, or to an American Embassy/Consulate abroad for a nonimmigrant visa.

SPOUSES AND MINOR CHILDREN

Most of the nonimmigrant visa classifications below accord derivative status to the principal visa holder’s spouse, and unmarried children under 21 years of age. Dependent spouses and children may not work in the United States while in derivative status.

SPECIAL NOTE

Please note the list of nonimmigrant visas that follows is taken from the U.S. Code of Federal Regulations, and is current as of July 2000.

1. FOREIGN GOVERNMENT OFFICIAL

A-1 Ambassador, Public Minister, Career Diplomatic or Consular Officer, or Immediate Family

A-2 Other Foreign Government Official or Employee, or Immediate Family

A-3 Attendant, Servant, or Personal Employee of A-1 or A-2, or Immediate Family

2. TEMPORARY VISITOR

B-1 Temporary Visitor for Business

B-2 Temporary Visitor for Pleasure

B-1/B-2 Temporary Visitor for Business & Pleasure

WB Temporary Visitor for Business under the Visa Waiver Program (limited to certain countries)

WT Temporary Visitor for Pleasure under the Visa Waiver Program (limited to certain countries)

3. ALIEN IN TRANSIT

C-1 Alien in Transit

C-1/D Combined Transit and Crewman Visa

C-2 Alien in Transit to United Nations Headquarters District

C-3 Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit

4. CREWMEMBER (Sea or Air Crew)

D-1 Alien Crewman

D-2 Alien Crewmembers

5. TREATY ALIEN

E-1 Treaty Trader, Spouse or Child

E-2 Treaty Investor, Spouse or Child

6. ACADEMIC STUDENT

F-1 Student

F-2 Spouse or Child of F-1

7. INTERNATIONAL ORGANIZATION REPRESENTATIVE

G-1 Principal Resident Representative of Recognized Foreign Government to International Organization, Staff or Immediate Family (e.g., United Nations official)

G-2 Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family

G-3 Representative of Non-recognized Nonmember Foreign Government to International Organization, or Immediate Family

G-4 International Organization Officer or Employee, or Immediate Family

G-5 Attendant, Servant, or Personal Employee of G-1 through G-4, or Immediate Family

8. TEMPORARY WORKER

H-1B Alien in a Specialty Occupation (Professional) Worker {65,000 visas/year*}

H-1C Foreign Registered Nurses for Designated Health Professional Shortage Areas {500 visas per year for 4 years} (No more than 50 visas go to each state per year)

H-2A Temporary Worker Performing Agricultural Services Unavailable in the United States (Seasonal Agricultural Worker in Short Supply)

H-2B Temporary Worker Performing Other Services Unavailable in the United States (Petition filed on or after June 1, 1987) {66,000 visas/year}

H-3 (Industrial) Trainee

H-4 Dependent Spouse or Child of Alien Classified as H-1B, H-2A/B, or H-3

* In June 1999, Congress raised the yearly cap for H-1B visas from 65,000 visas to 115,000 visas, because the 65,000 cap for H-1B visas for the fiscal year was reached that month. As of March 21, 2000, INS is no longer accepting H-1B applications for the fiscal year ending September 30, 2000. (The “fiscal” year for H-1B visas is from October 1st of one year to September 30th of the next.) If you plan to apply for an H-1B, and it is granted, you will not be able to begin work for a U.S. employer until October 1, 2000.

1. REPRESENTATIVE OF FOREIGN INFORMATION MEDIA, SPOUSE AND CHILD (e.g., Journalist)

10. EXCHANGE VISITOR

J-1 Exchange Visitor: Student, Trainee, Teacher, Professor, Research Scholar, Short-Term Scholar, Specialist, International Visitor, Government Visitor, Camp Counselor, Summer Student Travel/Work Participant, Au Pair, and Medical Trainee

J-2 Dependent Spouse or Child of J-1

11. FIANCÉ(E) OF UNITED STATES CITIZEN

K-1 Fiancé(e) of United States Citizen

K-2 Dependent Child of Fiancé(e) of United States Citizen

12. INTRACOMPANY TRANSFEREE

L-1 Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation)

L-2 Dependent Spouse or Child of Intracompany Transferee

13. VOCATIONAL STUDENT

M-1 Vocational Student or Other Nonacademic Student

M-2 Dependent Spouse or Child of M-1

14. CERTAIN RELATIVES OF FORMER or RETIRED “G” (INTERNATIONAL ORGANIZATION) VISA HOLDERS

N-8 Parent of an Alien Classified as SK-3 Special Immigrant

N-9 Dependent Child of N-8 or of an SK-1, SK-2, or SK-4 Special Immigrant

NORTH ATLANTIC TREATY ORGANIZATION (NATO) VISAS

NATO-1 Principal Permanent Representative of Member State to NATO (including any of its subsidiary bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary General, Assistant Secretary General, and Executive Secretary of NATO; Other Permanent NATO Officials of Similar Rank, or Immediate Family

NATO-2 Other Representative of member state to NATO (including any of subsidiary bodies) including Representatives, Advisers and Technical Experts of Delegations, Members of Immediate Art. 3, 4 UST 1796 Family; Dependents of Member of a Force Entering in Accordance with the Provisions Status-of-Forces Agreement or in Accordance with the Provisions of the Protocol on the Status of International Military Headquarters; Members of Such a Force if Issued Visas

NATO-3 Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its subsidiary bodies) or Immediate Family

NATO-4 Official of NATO (Other Than Those Classifiable as NATO-1) or Immediate Family

NATO-5 Expert, Other Than NATO Officials Classifiable Under the NATO-4, Employed in Missions on Behalf of NATO, and their Dependents

NATO-6 Member of a Civilian Component Accompanying a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied Headquarters Under the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty; and their Dependents

NATO-7 Attendant, Servant, or Personal Employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6 Classes, or Immediate Family

15. EXTRAORDINARY ABILITY

O-1 Alien with Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics

O-2 Accompanying Alien (to O-1 Artistic or Athletic Performer)

O-3 Dependent Spouse and Child of O-1 or O-2

16. ATHLETE AND ENTERTAINER

P-1 Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group

P-2 Artist or Entertainer in a Reciprocal Exchange Program

P-3 Artist or Entertainer in a Culturally Unique Program

P-4 Dependent Spouse or Child of P-1, P-2, or P-3

17. DESIGNATED INTERNATIONAL CULTURAL EXCHANGE PROGRAM PARTICIPANT

Q-1 Participant in an International Cultural Exchange Program {4,000 aliens per year, must be 18 years of age, 15 months duration of stay, derivative status not available}

Q-2 Irish Peace Process Cultural and Training Program Participants, also known as the Walsh Visa Program Act for Citizens of Northern Ireland and bordering counties within the Republic of Ireland, Temporary Work Visas {12,000 aliens per year, between ages of 18 and 35, 36 month duration of stay} (Act will sunset on October 1, 2005)

Q-3 Dependent Spouse and Child of Q-1 and Q-2

18. RELIGIOUS WORKER

R-1 Alien in a Religious Occupation

R-2 Spouse or Child of R-1

19. INFORMANT (Possessing critical, reliable information concerning a criminal or terrorist organization, enterprise, or operation)

S-5 Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise

S-6 Certain Aliens Supplying Critical Information Relating to Terrorism

S-7 Qualified Family Member of S-5 or S-6

TN. NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) PROFESSIONAL FOR CITIZENS OF CANADA AND MEXICO (see TN Professions)

TN-1 Canadian Professional

TN-2 Mexican Professional

TD Dependent Spouse or Child of NAFTA Professional

Although the information contained herein is believed to be true and accurate, it is intended to be general in nature and may not apply to any particular set of facts or circumstances. Further, the information is not intended and is not presented as legal advice and does not constitute an engagement of the Law Offices of Romney Wright, P.C. nor does it establish an attorney-client relationship. Please note that each week, hundreds of pages of new immigration laws, rules, and regulations are issued.

©The Law Offices of Romney Wright, September 1999