Visas
U.S. Visa Classifications
There are many ways to travel to or remain in the United States under U.S. immigration law. The appropriate visa or immigration category depends on factors such as the purpose of travel, employment or educational plans, family circumstances, nationality, and other eligibility requirements.
U.S. visas generally fall into two broad categories: nonimmigrant visas for temporary travel and immigrant visas for individuals seeking to immigrate permanently to the United States. The U.S. Department of State maintains a directory of visa categories and explains that the appropriate category depends on the purpose of the intended travel and the applicant’s eligibility.
Some common nonimmigrant visa classifications include:
| Visa Classification | General Purpose |
|---|---|
| A Visas | Diplomats and foreign government officials |
| B-1 Visas | Temporary business visitors and certain other qualifying business activities |
| B-2 Visas | Tourism, vacation, medical treatment, and other qualifying temporary visits |
| C Visas | Individuals transiting through the United States |
| D Visas | Certain crewmembers of aircraft or vessels |
| E-1 Visas | Treaty traders from qualifying treaty countries |
| E-2 Visas | Treaty investors from qualifying treaty countries |
| E-3 Visas | Certain Australian professionals in specialty occupations |
| F-1 Visas | Academic students |
| G Visas | Representatives, employees, and certain personnel of qualifying international organizations |
| H-1B Visas | Workers in specialty occupations |
| H-2A Visas | Temporary agricultural workers |
| H-2B Visas | Temporary nonagricultural workers |
| H-3 Visas | Certain trainees |
| I Visas | Representatives of foreign media |
| J Visas | Exchange visitors and participants in qualifying exchange programs |
| L Visas | Certain intracompany transferees |
| M-1 Visas | Vocational or other nonacademic students |
| O Visas | Individuals with extraordinary ability or achievement in qualifying fields |
| P Visas | Certain athletes, artists, entertainers, and performers |
| Q Visas | Participants in qualifying international cultural exchange programs |
| R Visas | Certain religious workers |
| T Visas | Certain victims of human trafficking |
| TN/TD Visas | Certain Canadian and Mexican professionals and their qualifying dependents under the United States-Mexico-Canada Agreement (USMCA) |
| U Visas | Certain victims of qualifying criminal activity who meet statutory requirements |
This is not a complete list of U.S. visa classifications. Additional categories and subcategories may apply depending on an individual’s circumstances.
Immigrant Visas
Immigrant visa categories are generally used by individuals seeking to immigrate to the United States and become lawful permanent residents. Categories include family-sponsored immigration, employment-based immigration, certain special immigrant classifications, and the Diversity Visa program.
For example, immigrant visa classifications include:
-
Immediate relative visas for certain qualifying relatives of U.S. citizens;
-
Family preference visas for certain other qualifying family members;
-
Employment-based immigrant visas in several preference categories;
-
Special immigrant classifications for individuals who meet specific statutory requirements; and
-
Diversity Visas for qualifying applicants selected through the Diversity Visa program.
The requirements, available visa numbers, petition requirements, and processing procedures vary significantly among these categories.
Visa Waiver Program
The Visa Waiver Program (VWP) allows eligible citizens and nationals of participating countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa, provided they satisfy the program’s requirements.
Travelers using the VWP generally must obtain approval through the Electronic System for Travel Authorization (ESTA) before traveling and must meet other eligibility requirements.
The VWP currently includes 42 participating countries, including Australia, Belgium, Chile, Croatia, France, Germany, Israel, Italy, Japan, Poland, Portugal, Qatar, South Korea, Spain, Switzerland, Taiwan, and the United Kingdom, among others. The list can change, and eligibility can depend on circumstances beyond nationality.
For example, certain nationals of participating countries may be ineligible to use the VWP because of specified travel to or presence in certain countries or because of other statutory or program requirements. Travelers who do not qualify for the VWP may need to obtain an appropriate visa before traveling.
Changing or Extending Immigration Status
Some individuals who are already in the United States may be eligible to apply to change or extend their nonimmigrant status without leaving the country. Whether this is possible depends on the individual’s current status, requested classification, immigration history, and other requirements.
A visa itself is not the same as immigration status. A visa generally permits a person to seek admission to the United States at a port of entry, while the person’s authorized period and classification of stay are determined when they are admitted. Because changing status can have significant consequences, individuals should determine whether they qualify before filing an application.
Premium Processing
Certain immigration petitions and applications may be eligible for premium processing, which provides expedited adjudication by USCIS for an additional government filing fee.
Premium processing is not available for every visa or immigration category, and the applicable processing timeframe depends on the form and classification. For example, current USCIS guidance provides a 15-business-day timeframe for certain eligible I-129 and I-140 classifications, while other eligible categories have longer premium-processing timeframes.
Premium processing also does not necessarily mean that a visa will be issued within that timeframe. It concerns USCIS adjudication of an eligible petition or application and does not replace any required consular processing or visa issuance procedures.
How Raheen Law Group Can Help
Because U.S. immigration categories have different eligibility requirements, filing procedures, and deadlines, determining the appropriate immigration option can be complicated.
At Raheen Law Group, we can help you understand the immigration options that may be available based on your circumstances, identify the appropriate category, prepare the required documentation, and navigate the application or petition process.
If you are considering applying for a U.S. visa, changing or extending your immigration status, or pursuing an immigrant visa, contact Raheen Law Group for a consultation.
Raheen Law Group offers consultations in English, Farsi (Dari), Urdu, Hindi, and Punjabi.
Leave a Reply