Nonimmigrant visas are temporary visas. Generally, an individual coming to
the United States who seeks a nonimmigrant visa must demonstrate "nonimmigrant
intent" or the intent to depart from the United States upon the expiration of
the nonimmigrant visa. (However, since the 1990 amendments to the Immigration
and Naturalization Act, the USCIS, and more slowly the U.S. Department of State,
have come to accept the concept of "dual intent," which recognizes that certain
nonimmigrant visa holders may intend to seek immigrant status.) Some
nonimmigrant visas are for work, some are for travel and some are for particular
forms of study, among other things.
Generally, nonimmigrant visas are easier to obtain than immigrant visas and,
with the exception of the 65,000 cap on H-1B nonimmigrant visas for each fiscal
year since the implementation of the cap (as more fully discussed in other
sections of this guide), there are few numerical limitations on the number of
nonimmigrant visas.
Nonimmigrant visas are categorized according to the letters of the alphabet.
To date, there are nonimmigrant visas assigned from the letters A through S.
Each nonimmigrant visa has an associated duration. Some nonimmigrant visas
are valid for the duration that the foreign national remains in status or while
he/she performs the associated service, or task, that coincides with the
particular nonimmigrant visa obtained. For example, upon admission the United
States, an F-1 nonimmigrant student visa is granted for "D/S" which is the
designation that the foreign nationals stay in the U.S. is approved for the
duration of the status or, in other words, for the time that the student
continues to engage in his/her full-time course of study. Other nonimmigrant
visas that are granted for D/S are the J, I and certain diplomatic and
governmental visas, more fully discussed below.
As opposed to nonimmigrant visas, immigrant visas, or lawful permanent
residence status, is what is commonly referred to as a "Green Card" (which is
actually not green). Lawful permanent residence refers to the status accorded to
an individual who has an intention to permanently live and reside in the United
States.
There are generally two (2) ways to obtain lawful permanent residence in the
United States. A foreign national may obtain lawful permanent residence through
a position of employment (employment-based immigration), through his/her
relationship to a family member who is either a lawful permanent resident or a
U.S. citizen (family-based immigration). In addition to the foregoing, lawful
permanent residence may be obtained in several other categories, including, but
not limited to: (1) asylum; (2) the Diversity Lottery program; and (3)
Cancellation of Removal.
An immigrant or nonimmigrant visa, granted by the U.S. Consular Official at a
U.S. Consulate Office in a foreign country, is permission for the foreign
national to enter the United States from abroad. Even though the visa may have
been granted by a U.S. Consulate Official, the foreign national must still be
inspected by a representative of the US Citizenship and Immigration Service
("USCIS") upon entry at one of the ports-of-entry in the United States.
A visa stamp in the passport of the foreign national made by a U.S. Consulate
Official indicates that the CONOFF was satisfied, at the time of the issuance of
the visa, that (i) the foreign national was coming to the United States for an
intended purpose; and (ii) that the foreign national was not excludable from the
United States under any of the specific grounds of exclusion under the
Immigration and Nationality Act (which are set forth in Title 8 of the United
States Code). |
