What Is An Immigration Visa?
When most people hear that word, they think it is a person’s approval to be in a country.
Under U.S. immigration law, “visa” is a technical term that pertains to a document stamped into a person’s passport that allows the man or woman to seek admission into the United States for a specific purpose.
Visas are obtained through the Department of State (DOS) at the various embassies, consulates and missions throughout the globe. There is no U.S. Consulate inside U.S. borders, so a visa application can only be submitted outside the United States.
A man or woman who holds a valid visa to the United States will present that visa at a U.S. land, sea or air port of entry to an officer of the Customs and Border Protection agency under the Department of Homeland Security (DHS), and legally request admission to the United States.
The visa type identifies for what purpose the visa holder may seek admission to the United States.
If the man or woman is admitted to the United States, the examining officer provides the visa holder with “status” to stay in the United States for a specified purpose and typically for a specified time frame.
Once the person has been accepted to the United States, the visa no longer matters as it is only an entry document– the status supplied at inspection governs the person’s permission to be in the United States.
There are many types of visas for a person intending to come to the United States to consider. The options can be found at 8 USC § 1101(a)(15), codified in the Immigration and Nationality Act § 101(a)(15).
The most common visa is the B classification visa, which is for visiting the United States. A man or woman can seek a B-1 visa for business purposes, or a B-2 visa for tourism or pleasure travel to the United States.
Another common visa is the F-1 visa for a person to attend a post-high school educational institution.
J-1 visas are obtainable for foreign exchange programs, such as students desiring to study in the United States as part of their high school experience, medical school graduates wanting to enter a residency program in the United States, and international au pairs seeking placement with U.S. families.
If the person is part of a cultural exchange program, the Q-1 visa can serve for that purpose.
A person wanting to study in trade school– such as for flight school– can request an M-1 visa.
Those in transit through the United States or who serve as crewmembers on cruise ships or airlines apply for C and D visas.
Government and diplomatic employees from other countries can come to the United States on A and G visas.
Professional competitors and performing artists with a specific itinerary for events or competitions can request P visas, while individuals with spectacular ability in the arts, sciences, athletics, business or education can seek an O visa.
Some visas are petition based, meaning U.S. Citizenship and Immigration Services under DHS must first approve a petition filed by a sponsor or employer for the visa type before the potential employee can make an application for the visa with DOS.
H visas are for employers to hire foreign workers, whether for professional positions (H-1B), registered nurses (H-1C), or for agricultural (H-2A) or other seasonal work (i.e., construction, landscaping– H-2B). L visas allow managers (L-1A), executives (L-1A) and highly skilled employees (L-1B) of an international company to get transferred to the United States to assume similar roles in a U.S. office.
Ministers and other religious professional and vocational occupation employees can be sponsored by their religious organizations to conduct religious duties in the United States (R-1).
Other visa types are treaty based, meaning the United States must have a treaty with the person’s country of nationality that enables the specific visa type.
Visa hopefuls engaged or intending to take part in international trade between the United States and their country of nationality may apply for an E-1 treaty trader visa. Those who want to invest a significant amount into the U.S. economy for business development purposes may apply for an E-2 investor visa.
Possible employees from Mexico and Canada in certain occupations may apply for a TN visa to assume employment in the United States under the NAFTA.
Victims of crime also have visa options potentially available. The U visa is given to those who are victims of serious crime in the United States who are assisting in the law enforcement efforts against the suspect of the offense.
The T visa is similarly provided to victims of trafficking.
And the S visa is offered to those who provide helpful information to law enforcement officers as informants.
There are others, but these are the most commonly used visas to enter the United States.