🛂 Introduction
Non-immigrant visas are temporary visas issued to foreign nationals who wish to enter the United States for a specific purpose and limited period of time. Unlike immigrant visas, non-immigrant visas do not lead directly to permanent residence or citizenship.
📋 Major Non-Immigrant Visa Categories
Business/Tourism Visas
B-1: For business visitors attending meetings, conferences, consultations, or negotiations (no employment permitted).
B-2: For tourists, visitors for pleasure, medical treatment, or visiting friends and family.
Duration: Typically granted for up to 6 months, extendable in certain circumstances.
Student Visa
For full-time students enrolled in academic programs at accredited U.S. institutions.
Requirements: Acceptance at SEVP-approved school, proof of financial support, intent to return home.
Work Authorization: Limited on-campus work permitted; Optional Practical Training (OPT) available.
Exchange Visitor Visa
For participants in work-and-study based exchange visitor programs, including researchers, scholars, trainees, and au pairs.
Sponsorship: Requires sponsorship by designated exchange visitor program.
Two-Year Rule: Some J-1 holders subject to two-year home residency requirement.
Vocational Student Visa
For students enrolled in vocational or technical training programs at approved institutions.
Duration: Maximum of 18 months for most programs.
Work Limitations: No employment during studies; limited practical training after completion.
Specialty Occupation Workers
For foreign professionals in specialty occupations requiring theoretical and practical application of specialized knowledge.
Requirements: Bachelor's degree or equivalent, employer sponsorship, specialty occupation position.
Duration: Initial 3 years, extendable to 6 years total.
Cap: Subject to annual numerical limitations (65,000 general + 20,000 advanced degree).
Intracompany Transfer
L-1A: For executives and managers transferring to U.S. office of same company.
L-1B: For employees with specialized knowledge transferring to related U.S. entity.
Requirements: One year employment with foreign company, qualifying relationship between entities.
Extraordinary Ability
For individuals with extraordinary ability in sciences, arts, education, business, or athletics.
Standard: Must demonstrate sustained national or international acclaim.
Evidence: Awards, published material, original contributions, high salary, etc.
NAFTA Professionals
For Canadian and Mexican citizens working in specific professional occupations under USMCA (formerly NAFTA).
Eligible Occupations: Listed professions including engineers, scientists, lawyers, teachers.
Application: Canadians can apply at port of entry; Mexicans need visa from consulate.
🔄 Application Process
Identify the correct non-immigrant visa category based on your purpose of travel and qualifications.
Submit the Online Nonimmigrant Visa Application and print the confirmation page.
Pay application fee and schedule interview at U.S. consulate or embassy (if required).
Attend interview with required documents and provide biometric information.
📄 Required Documentation
General Requirements
- Valid passport (must be valid for at least 6 months beyond intended stay)
- Completed DS-160 application form
- Visa application fee payment receipt
- Passport-style photograph
- Supporting documents specific to visa category
Additional Documents by Category
- Business (B-1): Invitation letter, business registration, meeting agenda
- Student (F-1): I-20 form, SEVIS fee receipt, financial documents
- Work Visas (H-1B, L-1): Approved petition (I-129), employment letter
- Exchange (J-1): DS-2019 form, program sponsor documentation
⏰ Processing Times and Validity
Typical Validity Periods
- B-1/B-2: Multiple entry, 1-10 years (varies by nationality)
- F-1: Duration of Status (as long as maintaining student status)
- H-1B: Up to 3 years initially, maximum 6 years total
- L-1: Up to 3 years for L-1B, up to 7 years for L-1A
- J-1: Duration of exchange program
- TN: Up to 3 years, renewable indefinitely
🚨 Important Considerations
Maintaining Status
- Comply with all terms and conditions of your visa category
- Do not overstay your authorized period of admission
- Maintain valid passport throughout your stay
- Keep all immigration documents current and accessible
Extensions and Changes of Status
- Apply for extensions before your authorized stay expires
- Some visa categories allow change of status within the U.S.
- Consult with immigration attorney for complex situations
- Maintain valid status throughout any pending applications
❌ Common Reasons for Visa Denial
- Failure to establish strong ties to home country
- Insufficient financial support or documentation
- Previous immigration violations or overstays
- Incomplete or inaccurate application materials
- Criminal history or security concerns
- Misrepresentation or fraud in previous applications
- Health-related inadmissibility
🔄 Renewal and Re-entry
Visa Renewal
- Renewal required when visa expires (for multiple entries)
- May be eligible for interview waiver in certain circumstances
- Must continue to meet all visa requirements
- Some categories allow renewal in the U.S. (change/extension of status)
Re-entry Considerations
- Valid visa does not guarantee admission to the U.S.
- CBP officers make final determination at port of entry
- Maintain supporting documents for each entry
- Be prepared to explain purpose and duration of visit
📞 Contact Information
For assistance with visa applications, extensions, or changes of status, please contact:
Attorney Axel Heydasch
Phone: +1 (305) 897-6763
Email: info@heydaschlaw.com
Website: www.heydaschlaw.com