United States Visas were issued to 6.6 million foreign nationals visiting the United States and to 470 thousand immigrants in 2008.[1] A foreign national wishing to enter the U.S. must obtain a visa unless he or she is
There are separate requirements for Mexican citizens.[2]
While there are about 185 different types of visas,[3] there are two main categories of U.S. visas:
In order to immigrate, one should either have an immigrant visa or have a dual intent visa, which is one that is compatible with making a concurrent application for permanent resident status (Green Card), or having an intention to apply for permanent residence.
Entering the U.S. on an employment visa may be described as a three-step process in most cases.[3] First, the employer files an application with U.S. Citizenship and Immigration Services requesting a particular type of category visa for a specific individual.[3] If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa.[3] The individual then applies for a visa and is usually interviewed at a U.S. embassy or consulate in the native country.[3] If the embassy or consulate gives the visa, the individual is then allowed to travel to the U.S.[3] At the border crossing, airport, or other point of entry into the U.S., the individual speaks with an agent from U.S. Customs and Border Protection to ask to admission to the U.S.[3] If approved, the individual may then enter the U.S.[3]
Contrary to a popular misconception, a U.S. visa does not authorize the alien's entry to the United States, nor does it authorize the alien's stay in the U.S. in a particular status. A U.S. visa only serves as a preliminary permission given to the alien to travel to the United States and to seek admission to the United States at a designated port of entry.[4] The final admission to the United States in a particular status and for a particular period of time is made at the port of entry by a U.S. immigration officer. For aliens entering the U.S. in a nonimmigrant visa status these details are recorded by the immigration officer on the alien's Form I-94 (Form I-94W for citizens of the Visa Waiver Program countries entering the U.S. for short visits), which serves as the official document authorizing the alien's stay in the United States in a particular non-immigrant visa status and for a particular period of time.[5]
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant (except certain employment-related applicants, who are exempt) is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
All tourist visa applicants must pay a $140 U.S. dollar interview fee (up from $131 before June 4, 2010) to a US Consulate in order to be interviewed by a Consular Officer who will determine if the applicant is qualified to receive a visa to travel to the U.S (additionally, the officer may also ask the United States Department of State for a Security Advisory Opinion, which can take several weeks to resolve). If the applicant is rejected, the $140 fee is not refunded. Amongst the items included in the qualification decision are financial independence, adequate employment, material assets and a lack of a criminal record in the applicant's native country.
The immigration visa process is even more stringent and costly. After all processing fees have been paid, most immigration visa applicants pay well over 1,000 U.S. dollars to become permanent residents in the United States and are forced to wait several years before actually immigrating to the U.S.
A visas are issued to "representatives of a foreign government traveling to the United States to engage in official activities for that government." A visas are granted to foreign government ambassadors, ministers, diplomats, as well as other foreign government officials or employees traveling on official business. The A visa is also granted to immediate family members of such foreign government officials, defined as "the principal applicant's spouse and unmarried sons and daughters of any age who are not members of some other household and who will reside regularly in the household of the principal alien" and which "may also include close relatives of the principal alien or spouse who are related by blood, marriage, or adoption who are not members of some other household; who will reside regularly in the household of the principal alien; and who are recognized as dependents by the sending government.[6]
The most common non-immigrant visa is the multiple-purpose B-1/B-2 visa, also known as the "visa for temporary visitors for business or pleasure." Visa applicants sometimes receive either a B-1 (temporary visitor for business) or a B-2 (temporary visitor for pleasure) visa, if their reason for travel is specific enough that the consular officer does not feel they qualify for combined B-1/B-2 status.
The Exchange Visitor Program is carried out under the provisions of the Fulbright-Hays Act of 1961, officially known as the Mutual Educational and Cultural Exchange Act of 1961 (Pub.L. 87-256, 75 Stat. 527). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs.
In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
The H-1B classification is for professional-level jobs that require a minimum of a bachelor's degree in a specific academic field. In addition, the employee must have the degree or the equivalence of such a degree through education and experience. Before the H-1B petition can be filed with USCIS the employer must fill a "Labor Condition Application" (LCA) with the Department of Labor demonstrating that it is paying the required wage for this position in the geographic region where the job is located. The required wage for the position is the higher of the "actual wage" that is paid to other employees in this position or the "prevailing wage" which can be determined using nearly any source, including the employer's own wage survey.
When the employer submits the LCA, the law specifically limits the approval process so that LCAs may only be rejected if they be "incomplete or obviously inaccurate" (8 U.S.C. 1182 (n)). An employer may claim anything is the prevailing wage and the LCA is certain to be approved. In F.Y. 2005 <<1% of LCAs were rejected. In cases where the prevailing wage source is not valid (e.g. a national survey rather than a local one or a survey of entry level wages rather than one for the occupation and location) or where the prevailing wage is misstated (e.g. fabricated or using the 25th percentile wage) the LCA routinely will be approved.
Contrary to popular myth, there is no requirement whatsoever that employers must prove they could not find U.S. workers before hiring H-1B workers. In the case of "H-1B-dependent employers" (usually those with more than 15% of their workers on H-1B visas), the law requires these employers to recruit U.S. workers in "good faith" (8 U.S.C. 1182(n) (1)(G)). However, there is no effective enforcement mechanism in place.
As a general rule, a person who is in one non-immigrant status may not change status or change employers in that status until he or she applies with USCIS for such a change, and such change is granted. However, a provision called "H-1B portability" permits certain individuals already in the United States in H-1B status to commence employment for a new employer once a new employer's H-1B petition is filed with USCIS.
In order to obtain an H-1B visa, the employer must show that it will pay the higher of the prevailing local wage or the wage it pays other U.S. citizens who have similar education and experience. The employer is not required to prove there are no American workers available to perform the work. However, some economists saw H-1B expansion as an assault on the American middle class that benefited the wealthy and made it impossible to maintain traditional American standards of living, or provide incentives to improve productivity as rapidly as nations like Japan with more restrictive immigration policies.
The companies who hired workers on H-1B visas often argue that the U.S. lacks enough skilled American workers to do the specific work needed by the company. Many economists argue that hiring these foreign workers provides more benefits to the U.S., and otherwise the recruiting companies would simply offshore the entire operation. It was claimed this would likely prove worse for the U.S. economy as a whole, because in the first scenario foreign national workers living in the United States would at least spend money in the United States, while the multi-national corporations that would purportedly export the jobs to overseas locations would probably not pass down as much of the savings to the U.S. consumer who purchased from them.
The L-1 classification is for international transferees who have worked for a related organization abroad for at least one year in the past three years that will be coming to the United States to work in an executive or managerial (L-1A) or specialized knowledge capacity (L-1B).
To qualify as an international executive, the employee must meet the following requirements:
To qualify as an international manager, the employee must meet the following requirements:
To qualify as a specialized knowledge transferee, the employee must meet the following requirements:
An employee has specialized knowledge if the knowledge is different from that generally found in the particular industry. Possible characteristics of an employee who possesses specialized knowledge include knowledge that is valuable to the employer's competitiveness in the market place; knowledge of foreign operating conditions as a result of special knowledge not generally found in the industry; has worked abroad in a capacity involving significant assignments which have enhanced the employer's productivity, competitiveness, image or financial position; possesses knowledge which normally can be gained only through prior experience with that employer; or possesses knowledge of a product or process which cannot be easily transferred or taught to another individual. A lengthy discussion by the Administrative Appeals Office about L-1B requirements can be found in a decision from August 2007 known only by its file number, LIN 06 003 52015. [7]
Since the effective date of January 1, 1994, (NAFTA) facilitates travel to and employment in the United States (U.S.) of certain Canadian and Mexican workers. NAFTA created TN classification for eligible Canadian and Mexican professional workers and affected terms of Canadians' admissions to the U.S. under other classifications. A TN position must require services of a NAFTA professional whose profession is noted in Appendix 1603.D.1(see attached Appendix 1603.D.1); the TN employee must possess the credentials required as well as proof of qualifying citizenship. TN status allows unlimited multiple entries to the U.S. for the period of service required by the U.S. employer (includes foreign employers), up to a maximum of three years, and can be extended indefinitely as long as the temporary purpose of the employment continues.
There is no annual cap on TN work permits (unlike the H-1B visa).
TN: Members of Appendix 1603.D.1 professions who are self-employed outside the U.S. may pursue business relationships from outside the U.S. (e.g. contracts for services) with U.S.-based companies and obtain TN status to engage in these prearranged activities in the U.S. However, under TN classification an alien is not permitted to come to the United States to engage in self-employment in the United States, nor to render services to a corporation or other entity in which he/she is a controlling owner or shareholder. Other NAFTA Admissions Categories Nationals Canada and Mexico may also seek admission as B-1 (business visitor), E-1 (treaty trader), E-2 (treaty investor), or L-1 (intra-company transferee) nonimmigrants under NAFTA. This bulletin does not address those alternatives.
TN Processing and Admissions Procedure
Canadians may apply for TN-1 classification directly at a U.S. Class "A" port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-flight/pre-clearance station in Canada. Visa might be required under certain circumstances (see below).
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
Canadian citizens are visa exempt and do not need consular visas to travel or apply for admission to the U.S. TN-1 applicants at land ports-of-entry must also pay a modest I-94 fee. However, a Canadian residing in another country with a non-Canadian spouse and child would need a visa to enable the spouse and child to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. Canadians applying for a visa will follow the same documentation requirements as Mexican Citizens. Each U.S. Embassy or Consulate website has its own procedures to schedule an interview appointment, pay the fees and any other instructions.
For the Canadian Citizens that require a visa, and Mexican Citizens, it is required to fill an Online Nonimmigrant Visa Electronic Application, Form DS-160.
Other requirements are:
Although not required, proof of licensure to practice a given profession in the U.S. may be offered along with a job offer letter, or other documentation in support of a TN visa application.
Spouses and unmarried children under 21 of Canadian and Mexican professionals obtain TD status. They can be included on the application of the TN principal (no separate filing fees) and admitted for the same duration of stay. TD nonimmigrants may study in the US under this classification, but are not authorized for employment. Canadian dependents' eligibility may be adjudicated at a US port-of-entry. Although Mexican family members are automatically included in TN petitions filed at the Nebraska Service Center, they must file separate application for TD visas at US consulates. Note: Dependents are not required to be Canadian or Mexican citizens.
Even though these visas are issued to people who have the intent to immigrate permanently to the United States, they are still technically classified as nonimmigrant visas (temporary). U.S. citizens may petition the USCIS for a K temporary visa for fiancé(e)s, spouses and unmarried dependent children of said fiancé(e)s and spouses. In the case of fiancé(e)s, the K-1 visa will allow them to stay in the U.S. for 90 days to marry the petitioning citizen and apply for adjustment of status to legal permanent resident. If the marriage is not concluded within that time, the fiancé(e) will be subjected to removal proceedings. Compliance with the International Marriage Broker Regulation Act (IMBRA) IMBRA limits the number of K1 fiancee visa petitions a sponsor can file or have approved without seeking a waiver of the limits. Additionally, the child of a fiancee may receive a derivative K-2 visa from his/her parent's fiancee petition. The child may travel with your fiancee or travel later within one year from the date of issuance of the K-1 visa to their parent. A separate petition is not required if the children accompany or follow your fiancee within one year from the date of issuance of her K1 visa. If it is longer than one year from the date of visa issuance, a separate visa petition is required. In the case of spouses, the K-3 visa is valid for two years and may be extended indefinitely as long as the marriage on which it is based is not dissolved. The holders of K-3 and K-4 status are eligible for work authorization and may leave and re-enter the United States as long as their visas are still valid.
Foreign same-sex partners of United States citizens are currently not recognized by USCIS and accordingly cannot be sponsored for K 1 Fiancee Visa or for Permanent Resident status. Many families based on a same-sex relationship are accordingly forced to live outside the U.S., if a different visa type cannot be procured. Many foreign partners reside in the U.S. as illegal aliens. The Uniting American Families Act, if passed, would create a new family category, "Permanent Partner", allowing foreign partners recognition by USCIS. The term "Permanent Partner" was established to avoid sensitivities about same-sex marriage and civil unions.
However, same-sex partners of non-U.S. citizens can qualify for temporary visas to the U.S. on the basis of their relationship according to the U.S. State Department, which effectively gives U.S. citizens fewer rights than non-citizens seeking to live with their same-sex partners in the U.S.[8]
Adjustment of status is the final step of what is commonly called the green card or (LPR) process, i.e. that of becoming a legal permanent resident (LPR). It requires that the foreign national in question file an I-485 Application for Adjustment of Status, most often based on a preexisting and approved or approvable I-140 Immigrant Petition for Alien Worker or I-130 Petition for Alien Relative. Due to comprehensive immigration reform in 2002, I-485 applications and I-130 or I-140 petitions may be filed concurrently given the immediate availability of an immigrant visa number. The application must be filed with an I-693 Medical Examination of Alien issued by a licensed Civil Surgeon and a G-325A Biographic Information form, which documents provide a complete medical and immunological history as well as a record of the foreign national's places of employment and residence for the last five years. The USCIS then sets a date for the foreign national to have their fingerprints, picture and signature recorded for their FBI background check and entry in the USCIS database. A usually perfunctory interview with a USCIS officer is required in the vast majority of cases.
A pending adjustment of status application entitles the applicant to work and travel authorization in the forms of an Employment Authorization Document (EAD) card and Advance Parole documents that must be renewed on a yearly basis. The application may be considered abandoned if the applicant does not attend a biometrics appointment or interview. Applications may also be denied for any of the following reasons:
If an adjustment application is approved, a permanent residency card (green card) valid for ten years is issued to the applicant. After five years LPRs are eligible to apply for naturalization, except that an LPR who obtained their green card through marriage may apply for naturalization after only three years if he or she is still living with the same spouse who originally filed the petition for the LPR.
Legal permanent residents (LPR)s, have some restrictions on their rights. If they marry a foreign born spouse, the green card holder may have to remain separated for years from his spouse or family while the paper work needed to get immigration authorization grinds through the system. The option of returning to their original home to immediately effect a reunion with their spouse and family is often not attractive.
INA 245(i) was initially enacted by Congress in 1994, with an expiration of November 1997. INA 245(i) allowed otherwise ineligible 'adjustment of status' applicants to apply for and receive green cards in the United States by paying a $1,000 fine.
In late 1997 amid much controversy, the law was extended to allow Immigrant Visa Petitions or Labor Certifications filed before January 14, 1998 to be 'grandfathered', essentially extending the time limit for 'adjustment of status.'
With INA 245(i) set to expire on January 14, 1998, a mechanism was implemented to unite families—effectively expediting entry of spouses and their children into the United States—by creating a nonimmigrant classification for families of LPRs through the Legal Immigration Family Equity Act of 2000 (the LIFE Act), signed into law by President Clinton on December 21, 2000 as Public Law 106-553.
The LIFE Act extended, until April 30, 2001 the "grandfathering deadline" of the previous amendment to Section 245(i) of the Immigration & Nationality Act (INA), giving applicants who failed to meet the previous 1997 INA deadline, a second extension in which to file an Immigrant Visa Petition or Labor Certification.
This extension to applicants for Immigrant Visa Petitions or Labor Certifications who filed prior to April 20, 2001, who were physically present in the United States, allowed them to be 'grandfathered', as was permitted with the previous extended deadline of INS 245(i), and gives applicants the opportunity to transfer their eligibility later.
Section 1102 of President Clinton's LIFE Act of 2000 amended section 101(a)(15) of the Act (8 U.S.C. 1101(a) (15)) adding a new nonimmigrant classification, paragraph ('V' visa), for certain spouses and children of lawful permanent residents (LPRs), who have waited at least three years for the availability of an immigrant visa number in the family-based second (F2A) preference category in accordance with the State Department's monthly Visa Bulletin.
Section 1102 also added section 214 (o) to the Act (8 U.S.C. 1184(o)) in order to provide the terms and conditions of V nonimmigrant status and employment authorization, and makes conforming amendments to sections 214 (b) and 214 (h) of the Act (8 U.S.C. 1184 (b) and 1184 (h)) to include reference to the V non-immigrant classification.
Prior to the passage of the LIFE Act of 2000, aliens who were married to a U.S. Citizen and living abroad had to obtain an immigrant visa 'outside of the United States' prior to admission.
Following President Clinton's signing and enactment of the LIFE Act of 2000, spouses of U.S. Citizens and their children who were beneficiaries of pending or approved visa petitions could be admitted initially as nonimmigrants and adjust to immigrant status later while in the United States.
This amnesty allowed aliens already present in the U.S. to obtain 'V' non-immigrant status while remaining in the United States. In addition spouses and unmarried children under 21 years old could apply for visa abroad and for admission to the United States as a 'V' nonimmigrant.
The 'K' nonimmigrant classification in the LIFE Act of 2000 was limited to a fiancee or fiancee of a U.S. citizen seeking to enter the U.S. to complete a marriage within 90 days of entry, and the fiance/fiancee's child.
However, changes were made to the LIFE Act of 2000 and effective August 14, 2001 at Subsection 1103(a), which amended section 101(a)(15)(K) of the Act, and implemented a new "K" non-immigrant classification.
Subsection 1103(a) redesignates the "K" non-immigrant classification as section 101(a)(15)(K)(i) of the Act, adds a classification for the spouse of a U.S. Citizen at section 101(a)(15)(K)(ii), and classifies the children of aliens at section 101(a)(15)(K)(iii) of the Act.
The new section 101(a)(15)(K)(ii) of the Act has three requirements for an alien to obtain this nonimmigrant classification.
More information on the LIFE Act of 2000, the August 14, 2001 and other amendments can be perused online at the U.S. Citizenship and Immigration Services (USCIS) website, or by contacting a local Services field office.
Legal Permanent Residents (LPRs), more commonly known as Green Card holders, are foreigners who do not have U.S. citizenship but are permitted to live and work there. Those who have opted to get married to non U.S. citizens are unable to bring their spouses and families directly to the U.S.. The foreign spouse of a U.S. Green Card holder must wait for approval of an 'immigrant visa' from the State Department before legally entering the U.S.. Due to a backlog in processing, such visas can sometimes take upwards of five years to be approved. In the interim, the foreign born spouse and family cannot enter the U.S. on any other visas, or as visitors. LPRs always have the option to return to their country of citizenship, but if they want to stay in the U.S. and stay married to their "foreign" family they are in a unique situation:
The V visa page has more details on the V visa as enacted by the LIFE Act.
The new Electronic System for Travel Authorization is not a visa according to the US law. But it is a system where an approved application is needed before a visit to the US, several days before, which is very close to a visa requirement. It is mandatory from January 2009 for people from many countries in the Visa Waiver Program. The principle is sometimes called Electronic Visa and can be applied over the internet by oneself or through a travel agent.
| Symbol | Type | Description |
|---|---|---|
| A-1 | Foreign government officials and families: ambassadors, public ministers, career diplomats, or consular officers | |
| A-2 | Foreign government officials and families: other foreign government officials or employees | |
| A-3 | Foreign government officials and families: attendants, servants, or personal employees of A-1 and A-2 classes | |
| B-1 | Non-immigrant | Temporary visitors: for business |
| B-2 | Non-immigrant | Temporary visitors: for pleasure |
| BCC | Non-immigrant | Mexico citizens border crossing card and B1/B2 visa[9] |
| C-1 | Non-immigrant | Transit aliens: aliens in transit |
| C-2 | Non-immigrant | Transit aliens: aliens in transit to the United Nations |
| C-3 | Non-immigrant | Transit aliens: foreign government officials and families in transit |
| Continued Presence (CP) | Temporary | Issued by federal law enforcement to victims of crime actively cooperating in an investigation or prosecution of a federal crime |
| Transit aliens: aliens in transit to the United Nations | ||
| DV-1 | Immigrant | Diversity visa: lottery winner |
| DV-2 | Immigrant | Diversity visa: spouses and children |
| E-1 | Treaty traders and investors: treaty traders | |
| E-2 | Treaty traders and investors: treaty investors | |
| E-3 | Treaty traders and investors: Australian Free Trade Agreement | |
| EB-5 | Immigrant | Immigrant investors |
| F-1 | Non-immigrant | Students and exchange visitors: academic students |
| F-2 | Non-immigrant | Students and exchange visitors: spouses and children of academic students |
| F-3 | Non-immigrant | Students and exchange visitors: Canadian or Mexican national academic commuter students |
| G-1 | Representatives to international organizations and families: principals of recognized foreign governments | |
| G-2 | Representatives to international organizations and families: other representatives of recognized foreign governments | |
| G-3 | Representatives to international organizations and families: representatives of nonrecognized or nonmember foreign governments | |
| G-4 | Representatives to international organizations and families: international organization officers or employees | |
| G-5 | Attendants, servants or personal employees of representatives | |
| GB | Temporary visitors: for business, visa waiver, Guam | |
| GT | Temporary visitors: for pleasure, visa waiver, Guam | |
| H-1B | Dual-intent | Temporary workers and trainees: specialty occupations |
| H-1B1 | Dual-intent | Temporary workers and trainees: Chile and Singapore Free Trade Agreement |
| H-1C | Dual-intent | Temporary workers and trainees: registered nurses participating in the Nursing Relief for Disadvantaged Areas |
| H-2A | Temporary workers and trainees: seasonal agricultural workers | |
| H-2B | Temporary workers and trainees: seasonal nonagricultural workers | |
| H-3 | Temporary workers and trainees: industrial trainees | |
| H-4 | Dual-intent | Temporary workers and trainees: spouses and children of H-1, H-2, and H-3 workers |
| I-1 | Representatives of foreign information media and families | |
| IH-3 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a country that is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("Hague country") and adopted by U.S. citizens, whose adoption was finalized outside the U.S. |
| IH-4 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a Hague country whose adoption by a U.S. citizen will be finalized in the citizen's home jurisdiction. |
| IR-1 | Immigrant | Immediate relative of U.S. citizen: Spouse of a U.S. citizen. This visa is called CR-1 (for conditional resident) if the marriage is less than 2 years old at the time of application. The CR-1 visa has to have its conditionality "removed" two years after entry in a separate process. |
| IR-2 | Immigrant | Immediate relative of U.S. citizen: Unmarried child, under 21 years of age, of a U.S. citizen. |
| IR-3 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a non-Hague country adopted by U.S. citizens, whose adoption was finalized outside the U.S. Note: In order for an IR-3 visa to be issued, U.S. regulations require that both adoptive parents take part in the overseas adoption and actually meet with the child in the child's home country. If only one parent travels to pick up the child, the child will be issued an IR-4 visa instead. |
| IR-4 | Immigrant | Immediate relative of U.S. citizen: Orphan resident in a non-Hague country whose adoption by a U.S. citizen will be finalized in the citizen's home jurisdiction. |
| IR-5 | Immigrant | Immediate relative of U.S. citizen: Parent of a U.S. citizen; the citizen must be at least age 21. |
| J-1 | Nonimmigrant | Students and exchange visitors: exchange visitors |
| J-2 | Nonimmigrant | Students and exchange visitors: spouses and children of exchange visitors |
| K-1 | Dual-intent | LIFE Act: fiances(ees) of U.S. citizens |
| K-2 | Dual-intent | LIFE Act: children of fiances(ees) of U.S. citizens |
| K-3 | Dual-intent | LIFE Act: spouses U.S. citizens, visa pending |
| K-4 | Dual-intent | LIFE Act: children of U.S. citizen, visa pending |
| L-1 | Dual-intent | Intracompany transferees: principals |
| L-2 | Dual-intent | Intracompany transferees: spouses and children of intracompany transferees |
| M-1 | Students and exchange visitors: vocational students | |
| M-2 | Students and exchange visitors: spouses and children of vocational students | |
| M-3 | Canadian or Mexican national vocational commuter students[10] | |
| N-1 to N-6 | NATO officials and families | |
| N-8 and N-9 | Immediate relatives of certain SK-3 special immigrants | |
| O-1 | Temporary workers and trainees: extraordinary ability or achievement | |
| O-2 | Temporary workers and trainees: accompanying and assisting in performance of O-1 workers | |
| O-3 | Temporary workers and trainees: spouses and children of O-1 and O-2 workers | |
| P-1 | Temporary workers and trainees: internationally recognized athletes or entertainers | |
| P-2 | Temporary workers and trainees: artists or entertainers in reciprocal exchange programs | |
| P-3 | Temporary workers and trainees: artists or entertainers in culturally unique programs | |
| P-4 | Temporary workers and trainees: spouses and children of P-1, P-2, and P-3 workers | |
| Q-1 | Temporary workers and trainees: workers in international cultural exchange programs | |
| R-1 | Temporary workers and trainees: workers in religious occupations | |
| R-2 | Temporary workers and trainees: spouses and children of R-1 workers | |
| S visa [two types: S-5/ S-6] | Aliens Assisting Law Enforcement | |
| Special Immigrant Juvenile Status (SIJS) | Qualifying children present in the U.S. who are declared dependents of a juvenile court and who would be harmed if returned to their home country | |
| T-1 | Victims of human trafficking | |
| T-2 | Victims of human trafficking: spouse of victim | |
| T-3 | Victims of human trafficking: children of victim | |
| T-4 | Victims of human trafficking: parents of victim who are children | |
| TD | Temporary workers and trainees: spouses and children of NAFTA workers | |
| TN | Temporary workers and trainees: NAFTA professional workers | |
| U-1 | Victims of qualifying criminal activity, such as rape, murder, manslaughter, child abuse, domestic violence, sexual assault, and/or human trafficking | |
| U-2 | Victims of qualifying criminal activity: spouse of victim | |
| U-3 | Victims of qualifying criminal activity: children of victim | |
| U-4 | Victims of qualifying criminal activity: parents of victim who are children | |
| U-5 | Victims of qualifying criminal activity: siblings (of minor age) of victim who are children | |
| V-1 | LIFE Act: spouses of permanent residents, visa pending | |
| V-2 | LIFE Act: children of permanent residents, visa pending | |
| V-3 | LIFE Act: dependents of V-1 and V-2, visa pending | |
| WB | Temporary visitors: visa waiver, business | |
| WT | Temporary visitors: visa waiver, pleasure |
Section 221(g) of Immigration and Nationality Act defined several classes of aliens ineligible to receive visas.
Grounds for denial may include, but are not limited to:
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