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Some 25 different classes of nonimmigrant visas are issued by Foreign Service Offices of the U.S. Department of State at U.S. Embassies and Consulates abroad. They are broadly classified below as nonimmigrant visas without work authorization, nonimmigrant "working" visas, and nonimmigrant investor visas. When granted, the visa is stamped into a valid travel document, usually a passport. The visa bears the issuance date, the expiration date, and the number of applications for admission at the U.S. border for which it is valid.

At the border, the U.S. Immigration and Naturalization Service ("INS"), has jurisdiction to admit the individual in the status for which the visa has been granted, and it does so by endorsing the admission slip (Form I-94) which is attached to the individual's passport, recording the date of entry, the status in which the individual is admitted, and the duration of his or her authorized stay. Future extensions of this stay are endorsed on the admission document, or noted on a newly-issued Immigration Service Form I-797.

Canadian citizens may, under certain circumstances, present themselves at the border with appropriate documentation to request admission under the various nonimmigrant visa categories without first obtaining visa stamps at a U.S. Embassy or Consulate. In addition, under a special program known as the "Visa Waiver Pilot Program", nationals of certain countries have been allowed to enter the U.S. as visitors without first obtaining a visa stamp.

B-1: Visitor for Business
A business tourist is an individual who intends to conduct business in the U.S. which benefits a foreign employer. The business tourist may generally not engage in local employment, nor displace a resident American worker, nor receive any direct remuneration for services from a U.S. source. The B-1 visitor may be initially admitted to the U.S. for a maximum of one year until

B-2: Visitor for Pleasure
A visitor for pleasure is an individual admitted for a personal visit to fiends or relatives, on holiday or for tourism. The initial period of admission is typically six months, allowing for a maximum stay of one year. Extensions are permitted in appropriate circumstances. Visitors may not engage in U.S. employment.

F-1: Student (see also M-1 status for nonacademic students)
A student is an individual seeking to enter the U.S. temporarily and solely for the purpose of pursuing a course of study at an established institution of learning which has been approved by the INS for attendance by foreign students. F-1 visas are not allowed for individuals seeking to attend public elementary schools or publicly-funded adult education programs, and the visas may be issued for attendance at public secondary schools only when the individual reimburses the educational agency administering the school for the expense of providing such education and the period of stay does not exceed 12 months.

In order to work temporarily, students must obtain separate permission known as practical training. Authorization for part-time employment is issued in very limited circumstances (although not in the first year of the program), either based on unforeseen financial hardship or for practical training. A limited period of practical training authorization may also be obtained at the conclusion of a bona fide educational program and during the student's course of study, particularly when such training is unavailable in the student's home country.

Students are generally admitted for "duration of status" which includes the duration of the program of study, any period of practical training authorized, plus an additional 60 days.

J-1: Exchange Visitor
An exchange visitor is a student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, coming temporarily as a participant in a program designated by the U.S. Information Agency for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, or completing practical training. Certain 'J' visa holders are by law required to return to their own country for a period of two years to impart the knowledge they have gained in this country before they may apply for status as immigrants or obtain certain other nonimmigrant statuses, unless a waiver is granted. The initial period of admission is as specified in program Form IAP-66, but is not to exceed one year.

K: Fiance or Fiancee of U.S. Citizens
An individual engaged to be married to a U.S. citizen and who seeks to enter the U.S. solely to conclude a valid marriage with the U.S. citizen petitioner within 90 days after entry is a 'K' visa holder. The period of admission is 90 days. No extensions are available.

M-1: Nonacademic Student (see F-1 for academic students)
An individual seeking to enter the U.S. to pursue a full course of study at an established vocational or other recognized nonacademic institution, other than in a language training program, applies for an M-1 visa. Nonacademic students are admitted for the period of their school program plus 30 days. Employment authorization is not allowed, but a limited period of "practical training" may be authorized at the end of the program.

N: Relatives of Employees of Certain International Organizations
A relative of a long-term employee of the United Nations or certain other international organizations is eligible for the 'N' visa.

S: Witnesses and Informants
An individual who will be serving as a witness in federal or state court with respect to criminal enterprises, or who is determined by the Attorney General to possess critical and reliable information with respect to terrorist operations, may be accorded an 'S' visa.

WT: Visitors on the Visa Waiver Pilot Program
An individual from any of 26 listed counties may be permitted to enter the U.S. as a visitor of business or pleasure without obtaining a visa. 'WT' visitors are permitted to remain in the U.S. for 90 days maximum; generally, no extensions or changes of status are possible while they are in the United States. The 26 countries, including the U.K., various European countries, and others are placed on the list based on a historically low rate of nonimmigrant visa refusals.

H-1b: Specialty Occupation Workers (

)
A qualified professional coming temporarily to the U.S. to perform services in a "specialty occupation" qualifies for this status upon approval of a petition filed by a petitioning U.S. employer. H-1b status is initially granted for a maximum of three years, and additional extensions may be approved up to a maximum of six years.

As a prerequisite to filing a petition for an H-1b specialty occupation worker, the employer must file a labor condition attestation (LCA) application with the Department of Labor. The LCA includes the title and salary for the position, the location where the intended H-1b holder will work, and various statements attesting that employment of the intended H-1b holder will have no adverse effect on U.S. citizen or permanent resident workers.

H-2: Temporary Worker
An individual who will be providing temporary labor in the U.S., provided that there are no qualified and unemployed U.S. workers, may obtain an H-2 visa. The petitioning employer must file an application with the Department of Labor to show that American workers are unavailable, and it must demonstrate to the INS that unemployed Americans capable of performing these services cannot be located and that the individual is coming temporarily to perform services which are themselves temporary in nature. The initial period of admission is for a maximum of one year. Extensions may be obtained in limited circumstances for a maximum validity of three years.

H-3: Trainee
A trainee is an individual coming temporarily to the U.S. for training at the invitation of an individual, organization, firm or other trainer in any field of endeavor, including agriculture, commerce, communications, finance, government, transportation and the professions. The petitioning employer/trainer must describe the type of training to be given, the source of remuneration of the trainee and whether or not any benefit will accrue to the petitioner, and must demonstrate why it is necessary for the individual to be trained in the United States. The trainee is not permitted to engage in productive employment unless it is incidental and necessary to the training, and he/she may not take up employment which will displace a U.S. resident worker. The period of initial admission is generally the full period required for training, with extensions available in limited circumstances, up to a total limit of two years.

L-1: Intra-Company Transferee (

)
An L-1 intra-company transferee is an individual who, during the three-year period immediately preceding the time of his or her application for admission into the U.S., has been employed for one year by a firm or other legal entity (or an affiliate or subsidiary thereof) and who seeks to enter the U.S. temporarily in order to continue to render his or her services to the same employer (or an affiliate or subsidiary thereof) in a capacity which is managerial, executive or involves specialized knowledge. The L-1 is granted initially for a maximum of three years. Total stay in L-1 status (or L-1 and H-1b combined) are limited to a total of five consecutive years for those individuals with "specialized knowledge" and seven years for those considered "executive" or "managerial".

O-1: Individuals Having Extraordinary Ability (

)
An individual who has "extraordinary ability" in the sciences, arts, education, business and athletes, as demonstrated by "sustained national or international acclaim," and whose entry the Attorney General believes will "substantially benefit prospectively" the U.S., may obtain an O-1 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

O-2: Support Personnel for O-1 Individuals
An O-2 visa is issued to an individual entering the U.S. for the purpose of assisting the performance of an individual having extraordinary ability. The O-2 individual must establish that he or she is an integral part of the performance of the O-1 principal because of his/her critical skills or long-standing relationship with the O-1 principal.

P-1: Athlete or Entertainer (

)
An individual who is a internationally recognized professional athlete or member of an entertainment group may be granted a P-1 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

P-2: Exchange Athlete or Entertainer
An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform under a reciprocal exchange program is issued a P-2 visa.

P-3: Athletes and Entertainers (Cultural)
An individual who is seeking to enter the U.S. as a professional athlete or entertainer to perform in a culturally unique program is issued a P-3 visa. A consultation letter from the relevant union, management group, and/or other outside source is required.

Q: Cultural Exchange Visitor
An individual seeking to enter the U.S. to participate in a designated international cultural exchange program that provides practical training, employment and sharing of culture may obtain a 'Q' visa. The maximum stay in 'Q' status is 15 months.

E-1: Treaty Trader (

)
A treaty trader is an individual coming to the U.S. solely to carry on substantial trade principally between the U.S. and the foreign country of which he/she is a national. A person is a national of a country whose passport he carries, regardless of place of birth. The initial period of admission is for one year, and extensions of stay are possible upon filing an annual report with respect to the trade. While there is no requirement for an overseas unrelinquished domicile, the treaty trader must intend to return to a home abroad once the purpose of admission has been accomplished.

E-2: Treaty Investor (

)
A treaty investor is an individual coming to the U.S. solely to develop and direct the operations of an enterprise in which the individual has invested, or is actively in the process of investing a substantial amount of capital. The initial period of admission is one year, with extensions available in appropriate circumstances. High officials of firms which have made a substantial investment also may qualify.

C-1: Transit Visitor
A transit visitor is an individual who is in immediate and continuous transit through the United States. A maximum period of 29 days is authorized; no extension is possible.

D: Crewman
A crewman, serving in such capacity while in port, is generally admitted with a 'D' visa. A maximum period of 29 days is authorized; no extension is possible.

I: Journalist
An individual who is a representative of a foreign press, radio, film or other foreign information media, and who seeks to enter the U.S. solely to engage in such vocation, may obtain an 'I' visa. The initial period of admission is one year.

Change from One Nonimmigrant Visa Classification to Another
An individual who enters in one nonimmigrant classification may, with certain exceptions, apply to change to another nonimmigrant status while in the United States. The application must be made while the individual is in lawful status, that is, during the authorized period of stay and prior to any violation of status such as unauthorized employment.

Presumption of Immigrant Intent
By law, all persons applying for visas or for admission at the border are presumed to have the intention of residing here permanently as immigrants. (An exception to this rule applies to certain "H" and "L" visa holders.) Accordingly, all intending nonimmigrants have the burden of proving that they are eligible for such nonimmigrant status. For example, they must generally prove the existence of an unrelinquished foreign domicile to which they intend to return upon the conclusion of their temporary purpose in the United States. The same burden applies when applications are filed for extensions of nonimmigrant status, revalidation of nonimmigrant visas or other benefits which presuppose an intention to depart.

Changes in Application Procedures Resulting From the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA")

Several changes made in the immigration laws as a result of tough new legislation passed in 1996 will affect both the manner of applying and the individual's eligibility for nonimmigrant and immigrant visas. One change provides that overstaying, even for one day, will have the effect of invalidating the individual's nonimmigrant visa, which may not then be used for return to the United States. (An exception applies when the visa was renewed after the overstay but before the enactment of the new law.) Also, with certain exceptions, an individual who has overstayed may only apply for a new visa in the country of his or her nationality, thus eliminating "third-country processing" at American Consulates at more convenient locations such as Canada or Mexico.

An additional provision of IIRAIRA (more fully discussed below under Permanent Resident Categories) will render certain long-term overstays excludable from the United States. In view of these changes, it has become increasingly important to carefully monitor the status of individual nonimmigrants to ensure that no overstay occurs.

An individual seeking lawful permanent U.S. residency must obtain preference classification based any one of the following:

Petition of a specified close relative who is a permanent resident or citizen of the United States.
Petition of a sponsoring employer or prospective employer of occupational preference.
A major investment in the United States.
Selection in the Diversity (lottery) Visa program.

Family-Based Immigrant Visa Categories
The Immigration Act of 1990 presented Congress' most recent revision of the visa allocation formula. The great majority of these visas are allocated for the various categories of family reunification.

Immediate Relatives
Immediate relatives of U.S. citizens (including the spouse, minor children and parents of adult U.S. citizens) remain an unrestricted category, not subject to numerical limitation and therefore not subject to long waiting periods. However, the number of immediate relative applicants admitted is tabulated and can reduce the number of visas available in the family-sponsored preference categories.

Employment-Based Immigrant Visa Categories
A total of 140,000 visas are provided for employment-based immigration. The Immigration Act now defines five main categories or "preferences" for immigration based on employment or employment creation:

Employment-Based Preference 1: "Priority Workers" (

)
Three subcategories exist under this preference: (1) individuals with "extraordinary ability" in the arts, sciences, education, business or athletics, (2) outstanding professors and researchers, and (3) certain multinational executives and manager. There are 40,000 visa numbers available plus the spill-down from preferences IV and V.

Pref. 1, Subcategory 1 (E11)
To qualify as an individual with "extraordinary ability" in the arts, sciences, education, business or education, the applicant must show sustained national or international acclaim, achievements recognized through extensive public documentation and be able to demonstrate that his or her contribution would "substantially benefit" the U.S. prospectively.

Pref. 1, Subcategory 2 (E12)
To qualify as an outstanding professor or researcher, the applicant must establish international recognition or acclaim, at least three years experience in teaching or research in the field and have available an offer of employment for a tenured or tenure-track teaching position or comparable research position in private industry.

Pref. 1, Subcategory 3 (E13)
To qualify as an multinational executive or manager, the applicant must show he/she has at least one year employment as an executive or manager overseas with a sponsoring employer within the three-year period immediately prior to the transfer to the U.S.. Duties in the U.S. must be similar executive or managerial duties (whether or not he or she has a university degree).

Employment-Based Preference 2:
Professionals and Individuals with "Exceptional Ability"(

)
Immigrant status is available to qualified immigrants who are members of the professions holding advanced degrees or their equivalent, or who because of their exceptional ability (which must be demonstrated by more than just a degree or license) in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. Under certain circumstances, as the Attorney General my prescribe, a specific job offer may not be necessary for applicants in this category, if the work is in the national interest. There are 40,000 visa numbers available plus the spill-down from preference 1.

Employment-Based Preference 3:
Skilled Workers, Professionals and Other Workers(

)
Three subcategories exist under this preference: (1) skilled workers, (2) professionals, and (3) "other" workers. There are 40,000 visa numbers available plus any unused visas.

Pref. 3, Subcategory 1 (E31)
An individual qualifies as a skilled worker if at the time of petitioning for classification, the individual qualifies to perform skilled labor requiring at least two years training or experience and is being sponsored for a position which is not temporary or seasonal in nature, for which qualified U.S. workers are not available.

Pref. 3, Subcategory 2 (E32)
An individual qualifies as a professional based on his/her holding of a baccalaureate degree and the job's requirement of same in positions for which U.S. workers are not available.

Pref. 3, Subcategory 3 (E33)
Individuals who are capable of performing unskilled labor not of a temporary or seasonal nature for which qualified workers are not available in the U.S. may be placed in this subcategory. Since a cap of 10,000 visas (within the overall 40,000 limit) is set for applicants seeking to qualify as "other workers," there is a substantial waiting period under this subcategory.

Employment-Based Preference 4: Special Immigrants
This category is reserved for certain qualified special immigrants such as religious workers, certain former United Nations employees, etc. The religious worker category generally requires two years prior experience in a religious occupation, profession or the ministry. There are 10,000 visas available per year in this category.

Employment-Based Preference 5: Employment-Creation Immigrants(

)
Individuals who invest a minimum of a million dollars in a new enterprise in the U.S. which will result in the creation of employment for at least 10 qualified workers (i.e., U.S. citizens, permanent residents, and certain other individuals who are authorized to work, other than immediate family members of the investor) may qualify under the Preference 5 category. In certain exceptional circumstances, including where the investment is made in an area of high unemployment or a rural area, the amount may be reduced to $500,000 and under other circumstances increased to as much as $3 million. There are 10,000 visas available per year in this category.

Diversity-Based (Lottery) Immigrant Visas(

)
The diversity program refers to certain "lottery" programs where citizens of a number of designated countries may file a letter-type application with a designated office at the State Department for a possible random or chronological selection for immigrant visas without any reference to the applicant's relationship to U.S. citizens, permanent residents, or U.S. employers. Under present regulations, a lottery applicant must have at least a high school education or two years experience in a position which requires such experience.

The effect of the quota limitations noted above often results in extended waiting periods to complete the permanent residency process. Such status may be sought either through an immigrant visa application before a U.S. Consular Officer abroad or, in certain circumstances (see below), in adjustment of status proceedings with the United States. Individuals must also prove themselves not to be ineligible for immigrant status under any of the general categories of inadmissible aliens specified in the law (8 U.S.C. 1182(a)), including criminality, mental defect, Communist part affiliation, drug trafficking, terrorism, etc.

Change from Nonimmigrant to Immigrant Classification
An individual who has entered the U.S. with a nonimmigrant visa may, under certain conditions and usually after the filing and approval of a petition classifying him/her in a preference category, apply to change status to that of a lawful permanent resident through a process called "adjustment of status." In cases where the individual otherwise qualified for immigrant status, but has engaged in unauthorized employment while here temporarily, or has violated the terms of a nonimmigrant visa, immigrant status may nevertheless be obtained through the issuance of an immigrant visa at an American Consulate Post abroad.

The Illegal Immigration Reform and Immigration Responsibility Act of 1996 ("IIRAIRA") and New Exclusion Grounds
With respect to possible bases of ineligibility for admission, it is important to note that recent legislation (IIRAIRA of 1996) has further expanded the grounds for exclusion. One important new category of excludable aliens includes those who, after April 1, 1997, overstay for 180 days or longer. Individuals who have overstayed for more than 180 days but less than one year are inadmissible for three years from the date of their departure; those who overstay for one year or more are inadmissible for 10 years.

Also now excludable for a period of five years are students who have violated the new restrictions on student status (see description of F-1 status, above). Health care workers (other than physicians) who are entering the U.S. to render health care services are excludable unless they receive certification (such as CGFNS) for their field and speak sufficient English for their type of work.

Immigrant visa applicants will also now have to comply with stringent new requirements regarding the affidavit of support which is necessary to meet the public charge provisions of the law, and they will have to present certificates that they have received vaccinations for a variety of designated diseases.

An important change, which will affect nonimmigrant and immigrant visa applications alike, renders permanently excludable from the U.S. certain former U.S. citizens who have renounced their citizenship for tax avoidance reasons.