Non-Immigrant Visas
There are several types of visas for temporary visitors to the U.S. The type of visa needed is defined by immigration law, and relates to the purpose of your travel. For an overview of the types of nonimmigrant visas available under immigration law, please see Nonimmigrant Visa Classifications on the USCIS Website. Basic categories of non-immigrant visas include:
For information on the application process, please see "How to Schedule".
Applicants for temporary visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law.
The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for most types of visitor visas must overcome this presumption by demonstrating that:
• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
• That they plan to remain for a limited period of time;
• Evidence of funds to cover expenses in the United States;
• That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit. There is no specific list of criteria that constitutes binding ties, and it is up to each applicant to explain what those ties. Binding ties generally refer to family, social, economic, and other ties.
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Generally, a citizen of a foreign country wishing to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The "visitor" visa is a nonimmigrant visa for persons desiring to enter the US temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the US for different purposes, such as students, temporary workers, crewmembers, journalists, etc, must apply for a different visa in the appropriate category.
Under US immigration law, certain work can be done using the ordinary tourist/business (B-1/2) visa. This includes attending business meetings, purchasing property, negotiating and signing contracts, gathering and filling orders, completing market surveys, attending conferences or short training courses and buying equipment, etc.
Prohibited work includes working for family friends as a live-in baby sitter and any casual job that earns an income from US sources. For certain seasonal work such as at ski resorts and summer camps or as au pairs, there are some opportunities under the exchange visitor visa (J-1) program.
Please Note: In order to be granted a nonimmigrant visa, you need to overcome the presumption in Section 214 (b) of the Immigration and Nationality Act (INA) that all visa applicants are intending immigrants. You may overcome this presumption by providing evidence that you have strong, binding ties to your home country and that you have no intention of abandoning that residence. There is not a standard set of documents required to overcome this presumption.
US Customs and Border Protection
Anyone who applies for a visa must understand that holding a visa does not guarantee entrance into the United States. Although you were issued a visa, only US Customs and Border Protection (CBP) has the authority to allow you into the US and to determine the length of your visit. At the port of entry, a CBP official must validate your Record of Arrival - Departure (Form I-94) which tells you how long you may stay. If you want to extend your visit, you must file an Application to Extend Status (Form 1-539) with United States Citizenship and Immigration Services (USCIS). The decision to grant or deny the extension rests solely with USCIS. Consulate personnel can answer questions only about visa applications and qualification
Transit visas
On August 2 2003 - The US Department of Homeland Security and the US Department of State suspended two programs that allow certain international air passengers to travel through the United States for transit purposes without first obtaining a visa. The programs, known as the Transit Without Visa program (TWOV) and the International-to-International transit program (ITI), have been suspended. This action does not affect US citizens or citizens from visa waiver countries.
Therefore anyone planning to transit through the United States en route to another country must obtain a transit visa (C visa) or tourist visa (B2 visa) in advance of the planned travel. The transit visa (C visa) is issued to foreign nationals proceeding in immediate and continuous transit through the U.S to some foreign destination. In most cases, an applicant who qualifies for a transit visa will also qualify for, and receive, a B1/B2 (business and tourism) visa instead. Travelers who have a valid B1/B2 do not need a special transit (C) visa to transit through the U.S.
Note: Be advised that travelers who intend to transit the United States , who possess a U.S. visa of a category other than B1/B2 or C-1 will in most cases not be admitted by U.S. immigration officials, and may be returned to their country of origin at their own expense.
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This visa category is designed for applicants planning to participate in programs approved by the US Department of State to teach, study, research, demonstrate special skills or receive training, or to participate in a program to receive graduate medical education.
The category also includes programs approved by the US Department of State to place people into firms, institutions and other agencies for on-the-job practical training in specialized fields for periods not exceeding 18 months. Attendance at English language programs and seminars, workshops or short courses directly related to the practical training may be allowed. The J visa also enables visitors to travel for observations appropriate to practical training, to train in US techniques and methodology, to contact American counterparts, and to promote cross-cultural contacts between workers, professionals, researchers and students in the general interest of international exchange. This may include camp counselor, seasonal work such as at ski resorts and summer camps or as au pairs.
Before applying for a visa, you must have been accepted into an approved program. Evidence of your acceptance is the form DS-2019, sent directly to you by the US sponsor and registration in the Student and Exchange Visitor Information System (SEVIS).
In addition to the above items, you may be asked to present evidence and documents that establish your purpose and qualifications. You may be asked to submit documentation of a residence abroad to which you will return after your visit to the US.
The spouse and minor children (under age 21) of the principal applicant are eligible to apply for visas as dependents (Note: unmarried and de facto marriages are not accepted for US visa purposes). Each dependent must complete a separate application, and submit separate processing and other visa fees.
Residency Rules
Many programs under the J-category are supported partially or wholly by government agencies. If they are, or if the applicants are to receive graduate medical education or training regardless of source of finances, a condition for accepting a J-visa prohibits J-visa beneficiaries from applying for immigration to the US and for certain work visas (H and L-visas) until the applicants have resided and been physically present in their own country of nationality or last residence for at least two years. This condition may also apply if the area of study or research is included in a skills list agreed to by the US Department of State and the applicant's government. Before accepting a J-visa, you should inquire if this condition applies.
For persons wishing to participate in medical programs, there may be additional requirements. You can ask about these requirements by writing to the Educational Commission for Foreign Medical Graduates (ECFMG) located at
3624 Market Street, Level 4, Philadelphia, PA 19104-2685. The telephone number is 1-215-386-5900.____________________________________________________________________________
To study in the US in an academic or vocational institution, applicants must first be certified as potential US students before submitting their applications for visas. The required document is form I-20. It is issued by a school or institution that has been approved by US Citizenship and Immigration Services (USCIS) and sent directly to the prospective student.
Furthermore, the student applicant must be registered by the school in the Student and Exchange Visitor Information System (SEVIS). The student submits the form with a completed visa application (standard form DS-156) to the Embassy for consideration.
The spouse and unmarried children (under age 21) of students can apply for visas on the basis of the principal applicant's student status. Each person must submit a completed visa application and passport and each person must pay a separate processing fee. If family members are applying separately, they must present evidence (such as form I-20, page 4, properly endorsed) that the principal applicant has student status. Applicants may also be requested to present marriage and birth certificates to confirm their relationship to the student.
Students and their dependents may work only in certain situations. For example, on-campus employment provided by the school is generally allowed although employment may not exceed twenty hours a week while school is in session. Students may be allowed to work full-time during vacations and when the school is not in session. Spouses and children generally cannot work at all. When in doubt, check with the school's international student advisor. Keep in mind that students are expected to have the financial means --whether from scholarships, other income or a combination-- to complete a full course of study without working in the US.
All applicants must have sufficient scholastic preparation and knowledge of English (unless pursuing an English language training program) to undertake a full course of study. If English skills are inadequate, the school must show that it is equipped to offer, and has accepted the student expressly for, a full course of study in the student's language or that special arrangements have been made to tutor the student in English. The consular officer must be satisfied that an applicant will be able, with the assistance of such tutoring, to undertake a full course of study in the US.
Types of Student Visas
Academic Student (F-visa)
This category applies to applicants who have been accepted by an approved college, university, seminary, conservatory, high school, middle school, elementary school, or other academic institution, or in a language training program in the United States. The applicant's acceptance is evidenced by a completed certificate of eligibility (form I-20) signed by the applicant and the designated school official.
Effective November 30, 1996, new legal provisions prevent consular officers from issuing F-visas to applicants going to study at public elementary schools or publicly-funded adult education programs, regardless of their ability to pay. Students who apply for F-visas to attend public secondary schools (grades 7 through 12) must show proof of having paid the full, unsubsidized per capita cost of their education. Students are limited to no more than 12 months of public high school in F-status. Foreign students can no longer use the US residence of their relatives for the purpose of attending public high schools. These provisions do not apply to students attending private schools. The provisions also do not affect the dependents of other categories of visas holders visiting the US, such as E, H, L, or J visas.
The school authority must have actually collected the student's reimbursement before a visa can be issued. As proof, the form I-20 must be endorsed to indicate that payment was made. Alternatively, school officials should provide the applicant a notarized statement on school district letterhead, signed by the school superintendent or designee authorized to sign I-20s, which states that reimbursement has been made.
Vocational Visa (M-visa)
This category allows applicants to attend established vocational or other recognized non-academic institutions. For example, students attending culinary schools use this category. The approved institution indicates its acceptance of the applicant through a completed certificate of eligibility (form I-20M). The certificate must be signed by the applicant and the designated school official.
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In general, persons intending to work in the US must obtain a temporary work permit (approved by the United States Citizenship and Immigration Service (USCIS), as indicated on form I-797 or other approved petition) and be in possession of the appropriate visa prior to entering the US.
Temporary Workers & Trainees (H-visa)
Skilled workers of most industries can qualify if petitions have been approved on their behalf by USCIS. Part of the USCIS approval process may require the prospective employer to file certifications with the US Department of Labor. Workers in this category can include nurses, foreign physicians (who have passed a federal licensing examination), fashion models, defense workers, specialty occupations, agricultural workers, and their dependents. Certain of these categories have numerical limits.
"Trainees" and their dependents can also qualify under the H-visa category to participate in a structured program with professionally trained staff. The H-3 program provides practical training away from a primarily academic or vocational institution. This training is intended to give applicants opportunities to obtain on-the-job experiences in the US at work which does not primarily employ U.S. citizen and resident workers.
Extraordinary Ability (O-visa)
This category applies to persons of extraordinary ability in science, the arts, education, business, and athletics, or who have extraordinary achievement in motion picture and television production. O-visas also include the applicant's support personnel. The applicant must present an approved petition or notification that has been approved by USCIS.
Athletes/Entertainers/Artists (P-visa)
Certain athletes, entertainers, and artists who are intending to perform in the US are covered in this category. For example, baseball players working in the minor leagues and professional musical groups are included. As with other work categories, applicants must be beneficiaries of petitions approved on their behalf by the USCIS.
Residency Rules
Applicants are reminded that these visa categories do not allow for permanent employment in the US nor do they assure permanent residence in the US. These visas allow individuals to live for a designated period in the US and to work at specific jobs. Dependents will also be able to join the principal worker and to study (but, not to work) during the duration of their stay in the US. Although the period of employment can be several years, the understanding in all these visa categories is that the employee and the family will leave the US after the employment is completed.
Any non-immigrant visa category, including this work category, is not intended to be used in lieu of the proper immigration visa if applicants plan to live permanently in the US. If applicants are seeking to move permanently to the US and obtain "green cards," they must obtain information on immigrating to the US.
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These visa categories are designed for accredited members of diplomatic missions, employees of international organizations such as the United Nations or the Organization of American States, their family members and domestic employees.
Diplomats: To qualify for an A visa, the individual concerned must be traveling to the United States on behalf of his or her national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining whether or not the applicant qualifies for an A visa; the particular duties or services to be performed must also be of an inherently governmental character or nature. Local government officials representing their state, province, borough, or other local political entity do not qualify for "A" visa status; they require B-1/B-2 visas
Qualified A visa applicants traveling to the United States for assignments of fewer than 90 days will be issued visas annotated "TDY" (temporary duty).
Important note: Foreign officials who intend to travel to the United States on official business must obtain an "A" visa prior to their entry. They cannot travel on tourist visas.
Government officials traveling to the United States to perform non-governmental functions or traveling as tourists require a B visa; they do not qualify for diplomatic visas.
International Organizations: To qualify for a G visa the individual concerned must be entering the United States in pursuance of official duties. Members of a permanent mission of a recognized government to an international organization are eligible for G-1 visas; representatives of a recognized government traveling to the United States temporarily to attend meetings of a designated international organization are eligible for G-2 visas and representatives of non-recognized or non-member governments are eligible for G-3 visas. G-4 visas are issued to individuals who are proceeding to the United States to take up an appointment at a designated international organization, including the United Nations.
Immediate family members are defined as the spouse and unmarried sons and daughters of any age who are members of the household. The spouse and unmarried children of the principal applicant are eligible to apply for visas as dependents (although de facto marriages are not accepted for US visa purposes). Partners who are recognized as the principal alien's dependant by the sending government, while not eligible for derivative A visas, may apply for B-1/B-2 visas, if otherwise qualified. B-1/B-2 visa applicants are required to pay visa application and reciprocal issuance fees, if applicable.
Each dependent must complete a separate application, and submit separate processing and other visa fees.
Visa processing and issuance fees: Diplomatic passport holders are exempt from paying visa fees for all types of visas. Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.
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The R-visa is for ministers of religion and full-time religious workers. The requirements for the R-visa are specific and may not be appropriate for many visitors even though their trip to the United States is for a religious activity. Visitors who do not qualify for R-visas may qualify for B-1/2 (business/tourism) visas.
To qualify for an R-visa, the applicant must:
be a member of a religious denomination having a bona-fide nonprofit, tax-exempt religious organization or affiliation in the US;
have been a member of the denomination for 2 years immediately preceding the application for visa;
be entering the US solely to carry on the vocation of a minister or to work full-time in a religious occupation for that denomination or affiliated organization.
Additionally, if the applicant was previously in the US under an R-visa for five years, the applicant must have resided and been physically present outside the US for one year immediately prior to the present application for an R-visa.
The applicant's affiliated denomination must show that it:
possesses some form of ecclesiastical government;
have a recognized creed and form of worship;
have a formal code of doctrine and discipline; and
holds religious services and ceremonies in established places of worship attended by congregations.
The principal applicant receives an R-1 visa. Spouse and children (unmarried and under 21 years old) receive R-2 visas as the applicant's dependents. R-2 visa holders cannot work in the US. Each applicant must pay separate application fees.
Also Keep In Mind
Religious institutions in the US must provide:
Certificate issued by the US Internal Revenue Service showing the religious organization in the US is tax-exempt or proof that it can qualify if it applied for tax-exempt status.
Letter from an authorized official of the religious organization in the US affirming:
a) the affiliation between the US-based organization and the overseas religious denomination;
b) the duration of the applicant's membership in the overseas religious denomination;
c) the applicant's authority to function as a minister of religion, or the nature of the applicant's responsibilities as a professional religious worker;
d) evidence of a baccalaureate degree if the applicant is a professional religious worker;
e) arrangements for remuneration for the applicant's services in the US; and
f) the name and location of the religious congregation or organization in the US for which the applicant would be providing services.
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For American citizens who desire to marry a Kyrgyz fiancé in the United States, a petition on behalf of the fiancé must be filed in the United States with the Bureau of Citizenship and Immigration Service (BCIS). The petition may not be filed or approved by overseas BCIS offices or U. S. Embassies and Consulates. In order to file I-129F Petition the petitioner must be a U. S. citizen. I-129F must be filed with BCIS district office having BCIS jurisdiction over the petitioner's current or intended residence in the United States.
Information regarding the procedure of filing I-129F Petition and documents to be submitted can be found on BCIS web page at uscis.gov. Form I-129F can be obtained at any BCIS Regional Service Centers or the closest to the petitioner's residence BCIS office in the United States.
Petitioner can also click on the link below to download and print out I-129F petition:
http://uscis.gov/graphics/formsfee/forms/i-129f.htm
Non-Immigrant Visas
Immigrant Visas
