Immigrant Visas v. Nonimmigrant Visas
A visa is an endorsement on a foreign citizen’s passport that grants entry into another country. The United States offers various visas for various purposes. There are both immigrant and nonimmigrant visas available.
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Immigrant Visa |
Nonimmigrant Visa |
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An immigrant visa is issued to you, a foreign citizen, when you intend to make the United States your permanent home. Family based petitions and employment based petitions are two well-known routes. In contrast, a nonimmigrant visa is issued for a temporary stay with no intent to make the United States your permanent home. Both visa programs can provide a pathway to citizenship. The immigrant visa is more obvious because you are explicitly on a path to citizenship. If you hold a nonimmigrant visa, you must not have the intent to be a permanent resident at the time of your application. It is possible in some scenarios to become a permanent resident through an adjustment of status. You must meet qualifications for a green card (e.g., family based or employment based) while holding a nonimmigrant visa.
There are many visas and purposes attached to them. Some of the more popular ones involve family, education and business. There are also special purpose ones including religious workers, victims and specialty occupations. The type of visa you need will depend on whether you intend to remain in the U.S. or are only coming for temporary reasons.
The best way to categorize the visas is to understand the lettering system used by the United States Citizenship and Immigration Services (USCIS). The immediate family category uses the letter K (K-1, K-3). The letter R refers to the religious worker visa (R-1, R-2). The specialty occupational worker visa uses the letter H (H-1b, H-1b1). When applying for a visa, two questions should be asked:
- How long do you plan to remain?
- What is your purpose for entry?
The answers will dictate for which visa you should apply. See following Chart from the U.S. Department of State for the Immigrant and Nonimmigrant Visa Categories:
Nonimmigrant Visa Categories
| Purpose of Travel | Visa Category |
| Athlete, amateur or professional (competing for prize money only) | B-1 |
| Au pair (exchange visitor) | J |
| Australian professional specialty | E-3 |
| Border Crossing Card: Mexico | BCC |
| Business visitor | B-1 |
| CNMI-only transitional worker | CW-1 |
| Crewmember | D |
| Diplomat or foreign government official | A |
| Domestic employee or nanny – must be accompanying a foreign national employer | B-1 |
| Employee of a designated international organization or NATO | G1-G5, NATO |
| Exchange visitor | J |
| Foreign military personnel stationed in the United States | A-2 NATO1-6 |
| Foreign national with extraordinary ability in Sciences, Arts, Education, Business or Athletics | O |
| Free Trade Agreement (FTA) Professional: Chile, Singapore |
H-1B1 – Chile H-1B1 – Singapore |
| International cultural exchange visitor | Q |
| Intra-company transferee | L |
| Medical treatment, visitor for | B-2 |
| Media, journalist | I |
| NAFTA professional worker: Mexico, Canada | TN/TD |
| Performing athlete, artist, entertainer | P |
| Physician | J , H-1B |
| Professor, scholar, teacher (exchange visitor) | J |
| Religious worker | R |
| Specialty occupations in fields requiring highly specialized knowledge | H-1B |
| Student: academic, vocational | F, M |
| Temporary agricultural worker | H-2A |
| Temporary worker performing other services or labor of a temporary or seasonal nature. | H-2B |
| Tourism, vacation, pleasure visitor | B-2 |
| Training in a program not primarily for employment | H-3 |
| Treaty trader/treaty investor | E |
| Transiting the United States | C |
| Victim of Criminal Activity | U |
| Victim of Human Trafficking | T |
| Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR) | V |
| Renewals in the U.S. – A, G, and NATO Visas |
Requirement Abbreviations
- DOL—U.S. employer must obtain a foreign labor certification from the U.S. Department of Labor (DOL) before filing a petition.
- USCIS—U.S. Citizenship and immigration Services (USCIS) must approve a petition/application.
- SEVIS—There must be program approval entered in the Student and Exchange Visitor Information System (SEVIS).
- (NA)—Not applicable. Additional approval is not required prior to applying for a visa.
Immigrant Visa Categories
| Immediate Relative & Family Sponsored | Visa Category |
| Spouse of a U.S. Citizen | IR1, CR1 |
| Spouse of a U.S. Citizen awaiting approval of an I-130 immigrant petition | K-3 * |
| Fiancé(e) to marry U.S. Citizen & live in U.S. | K-1 * |
| Intercountry Adoption of Orphan Children by U.S. Citizens | IR3, IH3, IR4, IH4 |
| Certain Family Members of U.S. Citizens | IR2, CR2, IR5, F1, F3, F4 |
| Certain Family Members of Lawful Permanent Residents | F2A, F2B |
| Employer Sponsored – Employment | |
Employment-Based Immigrants, including (preference group):
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E1 E2 |
| Religious Workers | SD, SR |
| Iraqi and Afghan Translators/Interpreters | SI |
| Iraqis Who Worked for/on Behalf of the U.S. Government | SQ |
| Afghans Who Worked for/on Behalf of the U.S. Government | SQ |
| Other Immigrants | |
| Diversity Immigrant Visa | DV |
| Returning Resident | SB |
Immigration Assistance
If you need help applying for a visa, contact the immigration attorneys at Cornerstone Law Firm. We can help you file the correct paperwork and make sure you meet the necessary criteria for a smooth visa process. Call us today to schedule a consultation.
