Non-Immigrant Visas
A variety of non-immigrant visas are available to aliens who want to temporarily enter the U.S. for a specified reason. The primary distinction between a non-immigrant visa and an immigrant visa is the length of time the visas are issued for. All non-immigrant visas are only temporary and do not lead to permanent residency, although the H-1B and L-1 visas do recognize the doctrine of dual intent. Immigrant visas lead to permanent residency and are mainly obtained through an eligible family member, future employer or the diversity lottery.
Upon entry into the U.S., aliens will receive an I-94 Arrival/Departure Card. This all-important card shows that the alien legally entered the U.S. and was admitted into the U.S. at an authorized port of entry. On most I-94 cards, a specific date is written on the front, indicating the date in which the alien must depart by. Even though a specific visa may be valid for as long as ten (10) years, the I-94 card will usually only be valid for up to six (6) months. The I-94 card, and not the visa itself, controls when the alien must depart the U.S. Remaining in the U.S. beyond the period of stay authorized by the Attorney General can have dire consequences for an alien who either departs the U.S. and then wishes to return in the future or for an alien who wants to change or adjust his status while still in the U.S. Aliens arriving in the U.S. on certain visas will not receive a specific date in which they need to depart the U.S. Instead, the I-94 card will indicate D/S, or duration of stay. The alien with D/S on his I-94 card can stay in the U.S. as long as he maintains valid status. Students on an F-1 visa remain in D/S status as long as they are enrolled in school at their approved institutions.
The list of non-immigrant visas available to aliens can be found in INA §101(a)(15) and include:
- Ambassador, public minister, or career diplomatic or consular officer;
- Visitor for business or pleasure;
- Individual in immediate and continuous transit;
- Alien crewman;
- Treaty investor or trader;
- Academic student;
- Designated principal representative of a foreign government;
- Temporary worker;
- Representative of the foreign press, radio, film;
- Participant in an approved exchange program;
- Fiance of a U.S. citizen;
- Intracompany transferee;
- Vocational student;
- Parent or child of an alien with special immigrant status;
- Alien with extraordinary ability in the sciences, arts, education, business, or athletics;
- Artist or entertainer;
- Participant in an approved international cultural exchange program;
- Religious worker;
- Criminal informant;
- Victim or informant of trafficking;
- Victim and informant of certain criminal activity; and
- Certain beneficiary of permanent residency application filed by lawful permanent resident.
