Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
Non-immigrant visas allow individuals to stay in the United States for a limited period of time and for a specific purpose. A non-immigrant visa is most often a tourist, business, student, or specialty worker travel document that allows a person to travel to the United States during the validity of the visa. Persons who travel to the U.S. for a temporary amount of time and for a specific purpose are classified as non-immigrants because they intend to return to their home country afterwards.
All applicants for non-immigrant visas must complete the Online Nonimmigrant Visa Application (DS-160). The confirmation page that is provided after the DS-160 is electronically submitted must be brought to your interview.
Non-immigrant visa applications generally require:
- 1 Form DS-160
- 2 A photo
- 3 A valid passport
- 4 Supporting documents, such as a travel itinerary
- 5 A visa application fee
- 6 An interview
There are a number of non-immigrant visas that an individual may qualify for. The type of visa that an individual should seek will depend on why he or she wishes to come to the United States and his or her particular circumstances. The visas described below are a few examples of non-immigrant visas.
The B-2 visa is applicable to individuals who are traveling to the U.S. to visit for pleasure, to obtain medical care, to partake in a sport or music performance as an amateur, or for similar reasons. An individual seeking a B-2 visa must demonstrate that he or she has a permanent residence outside the U.S. to which he or she intends to return afterward. This can typically be shown through a foreign home address, a job, family ties, and any other connections to the country of origin. A B-2 visa holder cannot work in the U.S. or enroll in any academic study programs.
Canadian and Mexican citizens who wish to work temporarily in the U.S. in certain professions may qualify for a TN visa. Individuals seeking a TN must have a position in a field that is specifically listed on the NAFTA list of professionals. Some of the professionals on this list include engineers, lawyers, pharmacists, scientists, and teachers. TN visa holders can reside and work in the U.S. for up to three years at a time. After the three-year time frame is up, the TN visa can be renewed for another three years. There is no limit to the number of times an individual can renew a TN visa.
Students who wish to live in the U.S. for a certain amount of time for educational purposes can apply for a non-immigrant F visa. The F-1 visa is the most common type of educational student visa issued by the U.S. government. In order to qualify for an F-1 visa, the person must have a residence outside the U.S. to which he or she intends to return, show an intent to depart the U.S. upon completing the course of study, and have adequate funds to be able to pay for the educational course and cover living expenses. The duration of an F-1 visa is tied to the course of study. A student has an additional 60 days to leave the U.S. after finishing the program of study.
As mentioned earlier, the visas described above are only a few of the non-immigrant visas that are available to individuals. In order to determine whether you are eligible for a non-immigrant visa, it is important to seek the help of a qualified immigration attorney who can assess the details of your case.
Immigration Law Center Contents
-
Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
-
Related Areas
