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Definition |
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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 |
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The purpose of the visit must be temporary;
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The foreign national must agree to depart at the end of his authorized
stay or extension;
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The foreign national must be in possession of a valid passport;
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A foreign residence must be maintained by the foreign national, in most
instances (except H-1s, O-1s or Ls);
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The foreign national may be required to show proof of financial support;
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The foreign national must be admissible or have obtained a waiver for any
ground of inadmissibility;
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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).
Click for the memo » |
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Change to a New Nonimmigrant Status |
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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 |
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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;
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B visas:
B-1: Temporary
visitor for business;
B-2: Temporary
visitor for pleasure
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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
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D visas: D-1: Crewmember departing on same vessel of
arrival; D-2: Crewmember departing by means other than vessel of arrival
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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.
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F visas: F-1: Academic
Student; F-2: Spouse or child of F-1.
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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.
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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.
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J- visas: J-1: Visas for
exchange visitors; J-2: Spouse or child of J-1
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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)
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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
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M visas: M-1: Vocational
student or other nonacademic student; M-2: Spouse or child of M-1.
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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".
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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.
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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.
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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.
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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.
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R visas: R-1: Religious
workers; R-2: Spouse or child of R-1.
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S visas: S-5: Informant of criminal organization
information; S-6: Informant of terrorism information.
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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)
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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
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TWOV: Transit Without Visa (Passenger or Crew)
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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
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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 |
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(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 |
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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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