Common Nonimmigrant Visas

Visas that do not require approval from the USCIS before applying for the visa at the U.S. consulate.

B-1 Business Visitor: This visa covers business related trips of a short duration. A B-1visa holder will only be granted a period of entry necessary to conduct the alien's business. The alien must maintain a residence abroad that the alien has no intention of abandoning to be approved for a visa in this sub-category.

The following should be submitted as part of the application for a B-1 visa:

Form DS-156 (standard nonimmigrant visa application)
Supporting letter from the employer or from himself/herself when petitioning on one’s own behalf.The letter should explain the purpose of the trip, give an itinerary, and give assurances regarding the alien's continued employment abroad and source of salary.
Supporting documentation establishing:
I - the alien's nonimmigrant intent; and
II - the legitimate business activity in which the alien will engage in the U.S.
Passport of the applicant
One photograph
Applicable fees

B-2 Tourist Visa: This visa covers short visits for pleasure such as tourism or visiting a family member.

The following should be submitted as part of the application for a B-2 visa:

Form DS-156 (standard nonimmigrant visa application)
Supporting documentation establishing the alien's nonimmigrant intent
A letter of invitation from a U.S. host, if applicable
Affidavit of support from a U.S. host, if applicable
Passport of the applicant
One photograph
Applicable fees

F-1 Student Visa: Aliens who wish to pursue academic studies in the U.S. apply for an F-1 visa. Aliens admitted under this category can remain in the United States as long as it takes to complete their intended course of study. They may also engage in a specific period of practical training after completion of their studies as long as the training would not be available in their own country. Aliens applying for a visa under this category do not need pre-approval from the USCIS, but they do need to present to the U.S. consulate a certificate of eligibility from the institution they plan to attend.

The following should be submitted as part of the application for an F-1 visa:

Form DS-156 (standard nonimmigrant visa application)
Form I-20A-B (submitted to and completed by a school official of the nonimmigrant's proposed institution of study)
Documentation regarding financial resources and the alien's nonimmigrant intent
Letter of acceptance fromthe proposed institution of study
Passport of the applicant
One photograph
Applicable fees

F-2 visasare issued to the spouses and children of F-1 visa holders, if any. F-2 holders are considered to be the dependents of F-1 holders. Their duration of valid stay is the same as that of the F-1 holder. F-2 holders are only permitted to attend school part-time on their F-2 status outside of grades K-12. F-2 holders are not permitted to work unless otherwise authorized by the federal government.

The following should be submitted as part of the application for an F-2 visa:

Form DS-156 (standard nonimmigrant visa application)
Copy of Form I-20A-B or the original if the F-1 applicant and F-2 applicant apply at the same time at the U.S. consulate for their visas.
If the F-2 applicant's spouse or parent is in valid F-1 status in the U.S., then a copy of the F-1's I-94 showing his/her legal status in the U.S. as an F-1.
Affidavit of financial support by the F-1 or anyone else
Marriage certificate for spouse
Birth certificate for children
Passport of the applicant
One photograph
Applicable fees

J-1 category: A J-1 Visa is a special form of non-immigrant visa for certain aliens known as "exchange visitors." To obtain a J-1 Visa, an alien must be sponsored by an employer working through an Exchange Visitor Program as designated by the U.S. State Department. Generally, immigration regulations permit J-1 holders to work for the program sponsors. In some limited circumstances, however, J-1 holders may work for non-sponsor employers and the eligibility varies from one category to another. The duration of J-1 status depends on the J-1 holder's program of study. A J-1 holder's IAP-66, Certificate of Eligibility, usually indicates the duration of his program. However, a J-1 holder may extend his stay under the J-1 status if his/her total stay period does not exceed the maximum duration of stay for the program, and his program sponsor agrees to the extension. Certain persons who entered and/or stayed in the United States as J-1 "exchange visitors" are required to return to their home country or country of last permanent residence for a period of two years after completion of J-1 status before they can be eligible for H or L status or permanent residency status. There are a number of circumstances where the foreign residency requirement can be waived.

The following should be submitted as part of the application for a J-1 visa:

Form OF-156 (standard nonimmigrant visa application form)
Form IAP-66 (form to be prepared by the program sponsor)
Letter from the J-1 program director
Passport of the applicant
One photograph
Applicable fees

J-2 visas are issued to the spouses and children under twenty-one years of age of J-1 visa holders, if any. J-2 holders are considered to be the dependents of J-1 holders. J-2 holders may be entitled to enter and remain in the United States for the duration of the J-1 holder's authorized stay. Their duration of valid stay is the same as that of the J-1 holder. J-2 holders are permitted to attend school on their J-2 status either part-time or full time. J-2 holders are permitted to work after obtaining a work permit from the USCIS.

The following should be submitted as part of the application for a J-2 visa:

Form DS-156 (standard nonimmigrant visa application form)
Copy of form IAP-66 (form to be prepared by the program sponsor), or the original if the J-1 applicant and J-2 applicant apply at the same time at the U.S. consulate for their visas.
If the J-2 applicant's spouse or parent is in valid J-1 status in the U.S., then a copy of the J-1's I-94 showing his/her legal status in the U.S. as a J-1.
Affidavit of financial support by the J-1 or anyone else
Marriage certificate for spouse
Birth certificate for children
Passport of the applicant
One photograph
Applicable fees
(For more information regarding J-2 visa’s, please click here)

Visas that do require approval from the USCIS before applying for the visa at the U.S. consulate.

L-1A category: This category allows international companies to bring aliens to the United States to work in the United States for a limited period of time. In this category, the employer files a petition with the USCIS in order to obtain permission to transfer the alien to the company's U.S. location for a limited initial period of three years. The employer cannot petition for an alien to be transferred to its U.S. operation unless it does business systematically in the U.S. and at least one other country. The alien employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years. Furthermore, the alien to be transferred must have been employed abroad in an executive or managerial position, and must be coming to the U.S. to serve inone of those capacities. In this category, the alien must have an intent to depart the U.S. upon completion of his authorized stay, however, he/she may also pursue permanent residence at the same time.

The following should be submitted as part of the application for an L-1A visa:

Form DS-156 (standard nonimmigrant visa application)
USCIS approval notice of an L-1A petition
Passport of the applicant
One photograph
Applicable fees

For more information regarding the L-1visa, please click here.

An L-2 visa may be issued to an L-1 holder's spouse and children under twenty-one years of age. L-2 holders are considered to be the dependents of L-1 holders. L-2 holders may be entitled to enter and remain in the United States for the duration of the L-1 holder's authorized stay. L-2 holders are permitted to attend school on their L-2 status either part-time or full-time. L-2 holders are not permitted to work unless they are independently qualified and thereby eligible for work authorization.

The following should be submitted as part of the application for an L-2 visa:

Form DS-156 (standard nonimmigrant visa application)
Copy of the USCIS approval notice forthe relevant L-1A petition, or the original USCIS approval notice if the L-2 applicant and L-1A applicant apply at the same time at the U.S. consulate for their visas.
If the L-2 applicant's spouse or parent is in valid L-1A status in the U.S., then a copy of the L-1A's I-94 showing his legal status in the U.S. as an L-1.
Affidavit of financial support by the L-1A or anyone else
Marriage certificate for spouse
Birth certificate for children
Passport of applicant
One photograph
Applicable fees

O Category: To qualify under this category, the alien must have an extraordinary ability in the sciences, arts, education, business, or athletics. Different standards of eligibility apply for the various fields listed above. The alien must be coming to the United States to work in thearea for which he/she is recognized to haveextraordinary ability or achievement. Under this category, the initial period of the alien's stay in the United States is approved for the time necessary to complete the activity for which the alien is admitted, up to a period of three years. Approval must be obtained from the USCIS prior to the alien applying for this visa at the U.S. consulate. An alien can be approved for the O visa even if he previously applied for permanent residence.

The following should be submitted as part of the application for O visas:

Form DS-156 (standard nonimmigrant visa application)
USCIS approval notice of O petition
Passport of applicant
One photograph
Applicable fees

P category: This category is for entertainers and athletes who cannot qualify under the extraordinary ability standard for the O category. To qualify, the alien must either be an athlete who competes individually or as part of a team at an internationally recognized level, or be an essential part of an entertainment group that has received qualifying international recognition. As with the O category, prior USCIS approval is required, and the alien can also apply for permanent residence.

The following should be submitted as part of the application for P visas:

Form DS-156 (standard nonimmigrant visa application)
USCIS approval notice of a P petition
Passport of applicant
One photograph
Applicable fees

K-1 visas are issued to alien fiancés of U.S. citizens. The purpose of the K-1 visa is to allow fiancés of U.S. citizens to travel to the United States for marriage. The maximum period of stay in the U.S. is ninety days. A K-1 holder cannot change his/her K-1 status without marrying the U.S. citizen fiancé. Once the K-1 holder marries the U.S. citizen within the authorized time period, he/she may apply to adjust his/her status to permanent resident status.

The following should be submitted as part of the application for K-1 visas:

Form DS-156 (standard nonimmigrant visa application)
USCIS approval notice of K petition
Passport of applicant
One photograph
Applicable fees

The H-1B category: The H-1B classification allows professionals to work in the U.S., on a temporary basis, within their profession. It is suitable and ideal for engineers, nurses, professors, researchers, computer programmers and other professionals. The H-1B category is designed to attract highly skilled professionals to work in the U.S. on a temporary basis. H-1B classification is available only to workers in occupations requiring highly specialized knowledge normally acquired through attainment of a four-year college degree. The applicant must possess at least a bachelor's degree, or its equivalent. The H-1B visa allows specialty occupation workers to enter the United States and work in a professional capacity for a maximum period of six years. In this category, the U.S. employer petitions the USCIS for the alien's entry to the United States for purposes of working with that employer. There is no foreign residency requirement, and the alien may apply for permanent residence while he/she is in H-1 status or before or after applying for an H-1B visa.

The following should be submitted as part of the application for H-1B visas:

Form DS-156 (standard nonimmigrant visa application)
USCIS approval notice of H-1B petition
Passport of the applicant
One photograph
Applicable fees

H-4 category: H-4 visas are issued to the spouses and children under twenty-one years of age of H-1 visa holders. H-4 holders are considered to be the dependents of H-1 holders. Their duration of valid stay is the same as that of the H-1 holder. H-4 holders are permitted to attend school while in H-4 status, and do not have to be full time students. H-4 holders are not permitted to work unless otherwise authorized to do so by the USCIS.

The following should be submitted as part of the application for H-4 visas:

Form DS-156 (standard nonimmigrant visa application)
Copy of the USCIS approval notice for the H-1B petition, or the original USCIS approval notice if the H-4 applicant and the H-1B applicant apply at the same time at the U.S. consulate for their visas.
If the H-4 applicant's spouse or parent is in valid H-1B status in the U.S., then a copy of the H-1B's I-94 showing his legal status in the U.S. as an H-1B.
Affidavit of financial support by the H-1B or anyone else
Marriage certificate for spouse
Birth certificate for children
Passport of applicant
One photograph
Applicable fees

TN category for Canadian and Mexican professionals: The TN category is a special category created under the North American Free Trade Agreement (NAFTA) for qualifying professionals who are nationals of Canada or Mexico. Aliens qualified to enter the U.S. under this category can work for a company located in the U.S. for a temporary period. They can also work for a Canadian or Mexican company in the U.S. when those companies are engaged in projects with U.S. based companies. The initial duration of stay for a TN professional is one year. However, this period can be renewed in one-year increments indefinitely. An alien must possess the necessary credentials to be considered a qualifying professional under this category. A bachelor's degree or higher is usually required to be considered a professional in the TN category. The alien must intend to depart the U.S. upon completion of his authorized status. If the alien applies for permanent residence while he is in TN status, he will have difficulty in obtaining renewal of his TN status. Mexican nationals require a visa before they can be admitted to the U.S. in this status, whereas Canadian nationals need only apply with Customs and Border Protection (CBP)at the border and may bypass the visa requirement.

For a Canadian to obtain TN status, the following should be submitted:

Evidence that the intended U.S. activity is authorized pursuant to the treaty (usually in form of a letter from the employer describing the intended U.S. activity).
Evidence that the alien has the necessary credentials to be considered a professional designated by the treaty (usually in the form of a degree from an institution of higher learning or its equivalent).
Proof of license to practice the profession if one is required in the state of intended employment.
Letter showing an offer of employment
A statement that the purpose of the entry is temporary.
Passport of the Canadian applicant
Applicable fees

For a Mexican to obtain A TN visa, the following should be submitted:

DS-156 (standard nonimmigrant visa application)
USCIS approval notice of TN petition
Passport of the Mexican applicant
One photograph
Applicable fees.
(For more information regarding TN visa, please click here)

Third Country Visa:

A third country visa is a solution for an alien who has valid legal status in the U.S. but does not have a valid visa, yet wants to leave and come back to the United States. An alien with a valid legal status but expired visa would have to apply for a new visa if the alien wants to leave and come back to the U.S. An alien must apply for a visa at the U.S. consulate outside the U.S. If the alien leaves the U.S. and plans to regain entry by applying for a visa, the alien risks being denied the visa and being unable to re-enter the U.S. The following is a useful rule for an alien who is faced with this predicament. A visa is deemed extended for thirty days if the alien has a valid legal status and travels to and from Canada or Mexico within those thirty days. It is important to note that the extension is only good for travel to and from Canada or Mexico. If a person stays in Canada or Mexico for more than thirty days or exits Canada or Mexico and attempts readmission to the United States from another country, the extension does not apply, and the alien has to apply for a new visa to be readmitted into the U.S. Furthermore, an alien will be denied admission if his/her visa expired and he/she leaves the United States, and then attempts readmission through Canada or Mexico.

Due to the above rule, an alien with an expired visa, but a valid status, can apply for a new visa at the U.S. consulate in Canada or Mexico, thereby enabling him to be readmitted to the United States. According to the current policy, an alien who has sought but been denied a visa is not eligible for re-entry on the basis of the prior unexpired status. Therefore, there is some risk in attempting to obtain a third-country visa. At the same time, any alien who travels with an expired visa to a country other than Canada or Mexico can only gain readmission by applying for a new visa at a U.S. consulate.

The following should be submitted as part of the application for a third country visa:

Form DS-156 (standard non-immigrant application form)
I-94 showing the alien to be in valid status
Supporting documentation
Passport of the applicant with the expired visa
One photograph
Applicable fees
(For more information about third country visa, please click here).

(Updated 10/09/12)

For more information on non-immigrant visas, please click on the following links: