Peter B. Li, Attorney at Law

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Nonimmigrant Visas (NIV)

Definition
The Immigration and Nationality Act defines a nonimmigrant as: a foreign national who entered the U.S. for a temporary period of time for a specific purpose.  To enter this country, a nonimmigrant must have a nonimmigrant visa. For example, to be able to enter this country to study, a student must have a student visa and intend to return to his or her country after he or she has completed the study.
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General Requirements
  • The purpose of the visit must be temporary;

  • The foreign national must agree to depart at the end of his authorized stay or extension;

  • The foreign national must be in possession of a valid passport;

  • A foreign residence must be maintained by the foreign national, in most instances (except H-1s, O-1s or Ls);

  • The foreign national may be required to show proof of financial support;

  • The foreign national must be admissible or have obtained a waiver for any ground of inadmissibility; 

  • The  foreign national must abide by the terms and conditions of admission.

Because of the event of September 11, 2001, generally speaking all nonimmigrant visa applicants will have to be interviewed. Additionally, on November 07, 2007, DOS cable instructs posts on Implementation of Petition Information Management Service (PIMS).

US-Visit brochure: This USCIS US-Visit brochure provides foreign travelers with information about US-Visit procedures and biometric collection at ports of entry.

Click for the  memo »

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Change to a New Nonimmigrant Status
In general, you may apply to change your nonimmigrant status if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant status remains valid, and you have not committed any crimes that would make you ineligible. However, you may have a period of unlawful stay when you file a change of status or extension of status if you travel outside of the U.S. after filing a change of status application ... click to see a memo for details. An April 2, 2003 USCIS field guidance takes the position that unlawful presence can accrue after denial of an extension or change of status request even if another change or extension application was filed while the first application was pending, if the second application is filed after the previous authorized period of stay has expired.

USCIS' Standard Operating Procedures (SOPs) for Change of a Nonimmigrant Status »

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Often Used Nonimmigrant Visas
  • A visas: A-1: Ambassador, public minister, career, diplomatic or consular officer, and members of immediate family; A-2: Other foreign government official or employee, and members of immediate family; A-3: Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family;

  • B visas: B-1: Temporary visitor for business; B-2: Temporary visitor for pleasure

  • C visas: C-1: Alien in transit directly through U.S.; C-1D: Combined transit and crewman visa; C-2: Alien in transit to UN headquarters district under Section 11.(3), (4), or (5) of the Headquarters Agreement; C-3: Foreign government official, members of immediate family, attendant, servant, or personal employee, in transit; C-4: Transit without Visa, see TWOV

  • D visas: D-1: Crewmember departing on same vessel of arrival; D-2: Crewmember departing by means other than vessel of arrival

  • E visas: E-1: Treaty Trader, spouse and children; E-2: Treaty Investor, spouse and children; E-3: Australian Nationals performing services in a specialty occupation.

  • F visas: F-1: Academic Student; F-2: Spouse or child of F-1.

  • G visas: G-1: Principal resident representative of recognized foreign member government to international organization, and members of immediate family. G-2: Other representative of recognized foreign member government to international organization, and members of immediate family. G-3: Representative of non-recognized or nonmember government to international organization, and members of immediate family; G-4: International organization officer or employee, and members of immediate family; G-5: Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, or members of immediate family.

  • H visas: H-1B: Specialty Occupations, DOD workers, fashion models; H-1C: Nurses going to work for up to three years in health professional shortage areas; H-2A: Temporary Agricultural Worker; H-2B: Temporary worker: skilled and unskilled; H-3: Trainee; H-4: Spouse or child of H-1, H-2, H-3.

  • J- visas: J-1: Visas for exchange visitors; J-2: Spouse or child of J-1

  • K visas: K-1: Fiancé(e); K-2: Minor child of K-1; K-3: Fiancée) (LIFE Act); K-4: Child of Fiancé(e) (LIFE Act)

  • L visas: L-1A: Executive, managerial; L-1B: Person with specialized knowledge continuing employment with international firm or corporation; L-2: Spouse or child of L-1

  • M visas: M-1: Vocational student or other nonacademic student; M-2: Spouse or child of M-1.

  • N visas: N-8: Parent of alien classified SK-3 "Special Immigrant"; N-9: Child of N-8, SK-1, SK-2, or SK-4 "Special Immigrant".

  • NATO visas: NATO-1: Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family; NATO-2: Dependents of Member of a Force entering in accordance with the provisions of NATO Status-of-Forces agreement; Members of such a Force if issued visas; NATO-3: Official clerical staff accompanying Representative of Member State to NATO or immediate family; NATO-4: Official of NATO other than those qualified as NATO-1 and immediate family; NATO-5: NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family; NATO-6: Member of civilian component who is either accompanying a Force entering in accordance with the provisions of the NATO Status-of-Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents; NATO-7: Servant or personal employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or immediate family.

  • O visas: O-1: Extraordinary ability in Sciences, Arts, Education, Business, or Athletics; O-2: Alien's (support) accompanying O-1; O-3: Spouse or child of O-1 or O-2.

  • P visas: P-1: Individual or team athletes or Entertainment groups; P-2: Artists and entertainers in reciprocal Exchange programs; P-3: Artists and entertainers in culturally unique programs; P-4: Spouse or child of P-1, 2, or 3.

  • Q visas: Q-1: International cultural exchange visitors; Q-2: Irish Peace Process Cultural and Training Program (Walsh Visas); Q-3: Spouse or child of Q-2.

  • R visas: R-1: Religious workers; R-2: Spouse or child of R-1.

  • S visas: S-5: Informant of criminal organization information; S-6: Informant of terrorism information.

  • T visas: Victims of a Severe Form of Trafficking in Persons; T-1: Victim of a severe form of trafficking in persons; T-2: Spouse of a victim of a severe form of trafficking in persons; T-3:Child of victim of a severe form of trafficking in persons; T-4: Parent of victim of a severe form of trafficking in persons (if T-1 victim is under 21 years of age)

  • TN visas: Trade visas for Canadians and Mexicans (NAFTA visas) Also, see checklists used at some POE and PEI; TD: Spouse or child accompanying TN

  • TWOV: Transit Without Visa (Passenger or Crew)

  • U: Victims of Certain Crimes; U-1: Victim of Certain Criminal Activity; U-2: Spouse of U-1; U-3: Child of U-1; U-4: Parent of U-1, if U-1 is under 21 years of age

  • V visa: V-1: Spouse of an LPR who is the principal beneficiary of a family-based petition (Form I-130) which was filed prior to December 21, 2001, and has been pending for at least three years; V-2: Child of an LPR who is the principal beneficiary of a family-based visa petition  (Form I-130)that was filed prior to December 21, 2001, and has been pending for at least three years; V-3: The derivative child of a V-1 or V-2

  • TPS: Temporary Protected Status.
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Visa Categories cannot be Changed

(VWPP) - Visa Waiver Pilot Program (or the Guam Visa Waiver Program). 
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancée) or spouse of a U.S. citizen or dependent of a fiancée) or spouse
S - As an informant (and accompanying family) on terrorism or organized crime

If you are an international exchange visitor (J visa category) you may not change your nonimmigrant status if you were admitted to the United States to receive graduate medical training, unless you receive a special waiver. In addition, some exchange visitors must meet a foreign residence requirement before they are allowed to change status. This means that some international exchange visitors must leave the United States and go back to their home country for a minimum of two years before applying to come to the United States as a temporary worker or an immigrant. If you are an exchange visitor and are required to meet the foreign residence requirement, you must receive a waiver if you wish to change your nonimmigrant status without returning home. If you do not receive a waiver, then you may only apply to change to the A (Diplomatic and other government officials, and their families and employees) or G (Representatives to international organizations and their families and employees) nonimmigrant categories.

If you are a vocational student (M visa category), you may not apply to become an academic student (F visa category). You also may not apply to change from the vocational student visa category to a temporary worker visa category (H) if it was the training you received as a vocational student in the United States that made you qualify for the temporary worker position.

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Visa Categories do not Need to be Changed

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category), and you wish to remain in the United States for pleasure before your authorized stay expires.

If you are in the United States as the spouse or child of someone in the following nonimmigrant visa categories, you do not need to apply to change your status if you wish to attend school in the United States (as long as your parent or spouse maintains their original nonimmigrant status).

A - Diplomatic and other government officials, and their families and employees
E - International Trade and Investors
F - Academic Students and their families
G - Representatives to international organizations and their families and employees
H - Temporary Workers
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
L - Intracompany Transferees
M - Vocational Students and their families

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