Categories
Nonimmigrant
visas are divided into nineteen main categories
and one special purpose category for NATO
personnel. The main categories are given letter
designations. They are: A, career diplomats;
B, temporary visitors for business and pleasure;
C, aliens in transit; D, crewmembers; E, treaty
traders and investors; F, students; G, international
organization representatives; H, temporary
workers; I, foreign media representatives;
M, students in non-academic institutions;
N parents and children of special immigrants;
O, aliens with extraordinary abilities; P,
entertainers; Q, cultural exchange program
participants; R, religious workers; and TN,
for NAFTA professionals.
Visa
Waiver Program
The
"visa waiver program" permits certain
nonimmigrants from
qualified countries to enter the U.S. for a maximum of 90 days without
a visa. As of August 2004, the members of
the visa waiver program included:
Andorra,
Australia, Austria, Belgium, Brunei, Denmark,
Finland, France, Germany, Iceland, Ireland,
Italy, Japan, Liechtenstein, Luxembourg, Monaco,
The Netherlands, New Zealand, Norway, Portugal,
San Marino, Singapore, Slovenia, Spain, Sweden,
Switzerland, and the United Kingdom.
Tourist
and Business Visitor Nonimmigrant Visas
The
majority of nonimmigrant visas are issued
to tourists (temporary visitors for pleasure)
and business visitors (people engaging in
commercial transactions in the U.S. but not employment).
Often visitors are issued a multiple purpose
business/tourist visas (B-1/B-2 category).
Both B-1 and B-2 visa are valid for one year
and are renewable in six-month increments.
It is noteworthy that neither B-1 nor B-2
visa holders may accept employment in the
U.S.,
although an alien on a B-1 may do work for
a foreign company located in the U.S.
Temporary
Worker Nonimmigrant Visas
An
area of nonimmigrant visas that has grown
recently is the H-temporary workers category.
These visas are issued to workers with "specialty
occupations" (such as computer systems
analysts and programmers) or to workers performing
temporary services or labor when persons capable
of performing this work are not available
in the U.S (such as agricultural workers).
The visas are designed to help employers meet
an immediate and temporary need for labor.
Numerical limitations exist for some nonimmigrant
work visas. For instance, the law limits temporary
visas for professionals (H-1B category) and
temporary agricultural workers (H-2A category).
Nonimmigrant
Visas for Education
Many
aliens also seek entry to the U.S.
for educational purposes. The F-1 visa is
for academic students entering the U.S. to pursue
a full course of study at an established academic
high school, college, university, seminary,
conservatory, or language school. Students
who wish to attend vocational or nonacademic
programs must enter on an M visa. The J visa
covers exchange visitors such as students,
scholars, trainees, teachers, professors,
research assistants, and leaders in a specialized
knowledge or skill. With certain restrictions,
F and J visa holders may work while in the
U.S. The M visa
holder's ability to work, however, is more
limited.
Legal
Help with the Immigrant and Nonimmigrant Visa
Process
Immigrant
and nonimmigrant visas provide opportunities
for foreign nationals to come to the U.S. for a wide
range of purposes. Some of these visas, such
as tourist visas, are relatively easy to secure
and require only modest time and effort on
the part of the applicant. Immigrant visas
and some nonimmigrant visas (particularly
those authorizing employment, education, or
training) are more complex and may involve
extensive petitions, applications, and documentation
to demonstrate the alien's eligibility. The
assistance of Attorney Bashir
Ghazialam can help
simplify the process for an individual or
employer, and can enhance the chance that
the visa application process will result in
a favorable outcome.