NONIMMIGRANT VISAS

What is a Nonimmigrant Visa?

Each type of Nonimmigrant Visa comes with a different set of privileges. For example, an F-1 Student Visa gives the holder the privilege to study in the United States and a H-4 visa gives the spouse or child of an H-1, H-2 or H-3 visa holder the privilege to stay in the U.S. with his or her spouse, parent or guardian.

Aliens in Transit/ Crewmember

Crime Victims

Employment-Based

Alien in transit directly through U.S.

Informant of criminal organization information

Specialty Occupations, DOD workers, fashion models.

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H1-B Visas!**

Combined transit & crewman visa

Informant of terrorism information

Nurses going to work for up to 3 years in health professional shortage areas

In transit to UN headquarters district under UN Headquarter Agreement §§ 11.(3), (4), or (5)

Victim of a severe form of trafficking in persons

Spouse of a victim of a severe form of trafficking in persons

Temporary Agricultural Worker

Foreign gov’t official, immediate relatives, attendant, servant, or personal employee, in transit

Child of victim of a severe form of trafficking in persons

Temporary worker: skilled & unskilled

Transit without Visa

Parent of victim of a severe form of trafficking in persons (if T-1 victim is under 21 years of age)

Trainee

Crewmember departing on same vessel of arrival

Spouse or child of H-1, H-2, H-3

Victim of Certain Criminal Activity

Crewmember departing by means other than vessel of arrival

Visas for foreign media representatives

Spouse of U-1

Intracompany Transferee:

Executive, managerial

Exchange Visitors

Visas for exchange visitors

Spouse or child of J-1

International cultural exchange visitors

Irish Peace Process Cultural & Training Program (Walsh Visas)

Spouse or child of Q-2

Child of U-1

Intracompany Transferee:

Specialized knowledge

Parent of U-1, if U-1 is under 21 years of age

Spouse or child of L-1

Workers with Extraordinary Ability: Sciences, Arts, Education, Business, or Athletics

Family-Based

Fiance(e)

Minor child of K-1

Spouse of a U.S. Citizen (LIFE Act)

Child of K-3 (LIFE Act)

LPR Spouse + principal beneficiary of form I-130 alien-relative petiton, filed prior to 21 Dec 2000, & has been pending for at least 3 years

LPR child + principal beneficiary of a form I-130 alien-relative petition, filed prior to 21 Dec 2000, & has been pending for at least 3 years

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

Alien’s (support) accompanying O-1

Spouse or child of O-1 or O-2

Individual, Team Athletes, or Entertainment Groups

Foreign Government Officials

Ambassador, public minister, career, diplomatic or consular officer, & members of immediate family

Other foreign government official or employee, & members of immediate family.

Attendant, servant, or personal employee of A-1 & A-2, & members of immediate family

Principal resident representative of recognized foreign member gov’t to int’l organization, & members of immediate family

Other representative of recognized foreign member gov’t to int’l organization, & members of immediate family

Representative of non-recognized or nonmember gov’t to int’l organization, & members of immediate family

Int’l organization officer or employee, & members of immediate family

Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, or members of immediate family

Artists and entertainers in

Reciprocal Exchange Programs

Artists & entertainers:

Culturally Unique Programs

Spouse or child of P-1, 2, or 3

Religious workers

Spouse or child of R-1

Trade visas for

Canadians & Mexicans

Student Visas

Academic Student

Spouse or child of F-1

Canadian or Mexican national commuter student in an academic or language training program

Vocational studentor other nonacademic student

Spouse or child of M-1

Canadian or Mexican national commuter student (Vocational student or other nonacademic student)

Spouse or child accompanying TN

Treaty Traders & Treaty Investors

Treaty Trader, spouse and children

Treaty Investor, spouse and children

Certain Specialty Occupation Professionals from Australia

Tourist Visa:

Business or Pleasure

Temporary visitor for business

Temporary visitor for pleasure

What is the Visa Waiver Program (VWP)?

The Visa Waiver Program (VWP) allows citizens and nationals from certain countries to enter the U.S. for up to 90 days for the purpose of business or pleasure without having to first obtain a visa. However, before you can travel to the U.S., you must first have a valid Electronic System for Travel Authorization (ESTA) approval. VWP allows you to engage in the same activities for business or pleasure as you would with a B1/B2 Visitor Visa. However, there are some notable distinctions. For example, if you are a VWP violator and are placed in Removal Proceedings, you will be placed in “Asylum only” Removal Proceedings, and thus are not enttiled to other avenues of relief from removal.

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