Nonimmigrant Visas
What is a Nonimmigrant Visa
U.S. immigration law provides for Immigrant Visas and Nonimmigrant Visas. The key distinction between the two types of visas is that the holder of an Immigrant Visa is allowed to remain in the U.S. as a permanent resident, while all Nonimmigrant Visas require the visa holder to be coming to the United States temporarily. The definition of "temporary" changes
with each nonimmigrant classification because U.S. immigration law limits a Nonimmigrant Visa holder's stay in the U.S. differently for each visa category. Except for those foreign nationals in the H-1B and L classifications, the holder of a Nonimmigrant Visa has the burden of proving they have "nonimmigrant intent" at each entry/admission to the U.S. Generally, a showing of "nonimmigrant intent" requires that a nonimmigrant be maintaining a residence abroad which he/she has no intention of abandoning. Naturally, since the holder of an Immigrant Visa is allowed to remain in the U.S. permanently, such a showing is not required. No numerical restrictions apply to these categories, except for the H-1B, H-1C, H-2B and S classifications.
Spouses and Minor Children
Most of the above Nonimmigrant Visa classifications accord derivative status to the principal visa holder's spouse, and unmarried children under 21 years of age. Dependent spouses and children almost always may not work in the U.S.
while in derivative status (with the notable exception of dependents of L-1 Intracompany Transferees and J-1 Exchange Visitors).
Applying for a Nonimmigrant Visa
If you have received an Approval Notice for classification in a nonimmigrant
category and you would like to find out how to apply for a Nonimmigrant Visa,
please select one of the titles below.
Applying for a Nonimmigrant Visa at a U.S.Consulate Abroad
How to Schedule a Visa Appointment at a U.S.Consulate in Canada or Mexico and How to Apply for a Canadian or MexicanVisitor Visa
Changes to Visa Revalidation For Return from Canada or Mexico
Classifications of Nonimmigrant Visas