United Legal Alliance

Nonimmigrant Visas

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Nonimmigrant visas allow a non-citizen to travel to the United States for a specific purpose, usually for a limited time.  An individual who wishes to travel to the United States and requires a nonimmigrant visa must appear at a U.S. consular office abroad and formally request the issuance of a visa. Visa issuance is discretionary. This means that they may reject the visa application for any reason or no reason.

Visa Waivers

Citizens of certain countries are eligible for a visa waiver if they are only coming to the United States as a visitor for 90 days or less and meet certain other requirements. Also, Canadian citizens do not require visas to enter the United States. They must, however, show proof of eligibility for the nonimmigrant category in which they claim eligibility.

Visas That Require Petitions

Certain nonimmigrant visas require petition approval through the USCIS before a visa may be issued. An applicant for a visa in any of these categories must have a qualified petitioner successfully file a petition with the USCIS before any further action may be taken. Unless and until the petition is approved, the individual may not apply for any of these specified visas.

H1B

H2

H3

K, L, O, P

 

Employment Based Visas
 

There Are Five Categories Of Employment Based Visas:
 

First Preference

• Individuals with extraordinary ability

• Outstanding professors and researchers

• Multinational executives and managers
   

Second Preference

• Advance degree professionals

• Persons with exceptional ability

• National interest waivers
   

Third Preference

• Professionals

• Skilled workers

• Other workers
   

Fourth Preference

• Religious workers

• Special immigrant juveniles

• Broadcasters

• G-4 international organization or NATO-6 employees and their family members

• International employees of the U.S. government abroad

• Armed forces members

• Panama canal zone employees

• Certain physicians

• Afghan and Iraqi translators

• Afghan and Iraqi
   

Fifth Preference

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• Immigrant investors

 

Citizenship issues encompass such things as citizenship at birth, citizenship acquired through parents, and naturalization.

 

Family Based Visas

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Immediate Relatives

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Spouses Of U.S. Citizens, Minor Unmarried Children Of U.S. Citizens, And Parents Of U.S. Citizens Over The Age Of 21

First Preference

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• Unmarried adult children of U.S. citizens.

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Second Preference

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• Spouses and unmarried minor children of lawful permanent residents

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• Unmarried adult children of lawful permanent residents

 

Third Preference

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• Married children of U.S. citizens

 

Fourth Preference

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• Siblings of U.S. citizens over the age of 21