The Visa Process


THE VISA PROCESS


More than 20 different classes of nonimmigrant visas are issued by the Foreign Service Offices of the U.S. Department of State at U.S. Embassies and Consulates abroad. Visas are stamped into a valid travel document, usually a passport. The visa bears the date of its issuance as well as the date of its expiration. It also designates the number of applications for admission at the U.S. border for which it is valid. At the border, a different agency of government, the U.S. Immigration and Naturalization Service ("INS"), has jurisdiction to admit the alien in the status for which the visa has been granted, and does so by endorsing the admission slip (Form I-94) which is attached to the alien's passport, recording the date of entry, the status in which the alien is admitted, and the duration of his authorized stay. Future extensions of stay, likewise within the jurisdiction of the INS, and employment, where authorized, are likewise endorsed on the admission document. A special Form (I-20ID) is also issued to students.
 


CHANGE FROM ONE NONIMMIGRANT VISA CLASSIFICATION TO ANOTHER


An alien who enters in one nonimmigrant classification may, with limited exceptions, apply to change to another nonimmigrant status while in the United States. The application must be made while the alien is in lawful status, that is, during the authorized period of a stay prior to any violation of status, such as unauthorized employment.
 

CHANGE TO IMMIGRANT CLASSIFICATION
An alien who enters in a nonimmigrant classification may apply to change his status to that of an immigrant or lawful permanent resident (evidenced by a "greencard") under certain conditions, and usually after the filing and approval of a petition to classify him in a preference category. With limited exceptions, however, this procedure is reserved for aliens who have not engaged in unauthorized employment or otherwise violated status in the United States. In cases where the alien otherwise qualifies for immigrant status, but has engaged in unauthorized employment while here temporarily, immigrant status may nevertheless be obtained through the issuance of an immigrant visa at an American Consular Post abroad.
 

NON-IMMIGRANT VISA CATEGORIES

  
B-1, Visitor for Business
A visitor for business is an alien who wishes to conduct business in the U.S. for the benefit of a foreign employer. While in the U.S., the alien may not be engaged in local employment and may not receive any remuneration for services from a United States source. The B-1 visitor may request admission initially for a maximum period of one year. The actual duration of stay, however, will be determined by the INS at the port of entry and the INS has discretion to limit the B-1 visitor's stay based on its own determination of the visitor's business plans. Nevertheless, once in the U.S., the visitor may apply for extensions of stay to complete his business. In addition, a visitor in status may apply to change status to a worker visa category.
 
B-2, Visitor for Pleasure
A visitor for pleasure is an alien admitted to visit friends or relatives, travel, or tour the United States. The initial period of admission is usually three to six months and extensions of stay or change of status are permitted under some circumstances. Persons coming primarily for the purpose of performing skilled or unskilled labor, university study or representing media are not classified as B-2 visitors. Visitors may not engage in employment in the U.S. Although an individual may enter the U.S. as an visitor, in some instances he or she may change status to a worker visa category (such as H-1B) without having to depart the U.S.
 


 
 


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