Immigrant vs Nonimmigrant Visas

Any foreign national intending to enter the United States must apply for a visa (there are exceptions to that).

A visa, however, does not automatically permit entry to the U.S.; it simply means that a consular officer at an American embassy or consulate reviewed your application and determined that you are eligible for the visa classification you sought.

The visa allows you to travel to the United States, but your admission is determined at the airport or land border crossing by an immigration and customs officer. The immigration and customs officer decides in what status to admit you, and how long you can stay for any particular visit. Once the immigration and customs officer admit you, you will receive an I-94 Arrival and Departure Record. This card controls how long you are allowed to remain in the United States, regardless of what your visa states (the visa in your passport that was issued by the consular officer).

There are two main categories of visas, immigrant and nonimmigrant visas, that you can apply for. It is the nature of your intended visit that determines what visa category you will fall into. If your stay will be temporary, you will want to make an application for a nonimmigrant visa. There are numerous nonimmigrant visa classification, some examples include, Tourist visa (B-1/2), Student Visas (F-1, J-1, M-1), Work Visas (H-1B, H-2, TN, L-1, O-1, P-1) and Investor Visas (E-1, E-2) and many more.

On the other hand, immigrant visas are granted to those who intend to live and work permanently in the U.S. There are 3 main categories within the immigrant visa classification: family-sponsored (including immediate relatives of U.S. Citizens), special immigrants, and employer-sponsored immigrants.

Some foreign nationals are eligible for immigrant status. To qualify for immigrant status you must fall into one of the above mentioned categories. You must be sponsored into the United States by either an U.S. citizen or permanent resident relative(s), by a prospective U.S. employer, or fit within one of the special immigrant categories. In order to get immigrant status your sponsor must file an Immigrant Petition on your behalf (I-130, I-140, I-360). The sponsor must also submit an affidavit of support (this is a little bit different for employment based sponsorship) attesting that the beneficiary (the sponsored person) will not become a public charge to the government.

Please note that winners of the Diversity Visa Lottery or Asylees with a granted asylum petition do not need a sponsor in order to receive their immigrant visa nor do they need someone to provide an affidavit of support.

The other main difference between a nonimmigrant visa and an immigrant visa is that immigrant visa holders are allowed to work in the U.S. with proper work authorization, whereas not all nonimmigrant visas authorize the holder to accept employment.

Nonimmigrant visas are for people with a permanent residence outside the U.S. who wish to come to the U.S. on a temporary basis. U.S. law requires that people who apply for most nonimmigrant visas provide evidence that they do not intend to immigrate to the United States and live here on a permanent basis.

Visa Approval is handled on a case by case basis and each foreign national's personal situation is different. Thus, individuals applying for the same visa may be asked different questions and asked to submit different documents. The main thing that consular officers consider when determining eligibility for a nonimmigrant visa is whether the visit will be temporary, the foreign national agrees to depart at the end of their authorized stay, possesses a valid passport, maintains a foreign residence (in most cases), is able to provide proof of financial support, is admissible to the U.S. or has gained a waiver for any grounds of inadmissibility (if applicable) and abide by the terms and conditions of admission. The issue of admissibility also applies to immigrant visa applicants, as well as individuals applying for their "green card" and naturalization.

Consular officers have the authority to decide whether the evidence submitted in support of an application is sufficient to establish an applicant's eligibility for the requested visa. There is no entitlement to a visa. Consular officers may also request additional information or documentation depending on their assessment of each person's situation.