Types of Visas

A visa is required to legally enter into any country. Similarly, a legal and valid visa is required for anyone who wants to enter into United States of America. A US visa allows the visa holders to enter into United States for a specific period of time based on the type of the visa they are holding to carry out their intended activities.

Whether you want to come to United States for business purpose, on vacation or tourism, to study at US universities or schools, to visit family or friends, to work temporarily anywhere in United States, for medical treatment or in any other case, the person needs to hold a valid and legal visa. There is provision of different types of visa under US Immigration Law, but they are mainly categorized into two types:

(A) Non-Immigrant Visas     (B) Immigrant Visas

(A) Non-Immigrant Visas

Some of the most common non-immigrant visas that are sought are:

1. B" Visitor Visas

   In this category, the visa is issued to the holder for the purpose of pleasure travel or any business related activity. The activity for which this type of visa is granted may be vacation, medical treatment, visiting family, attending professional or education convention, estate settlement, contract negotiation, business consultation and more. This type of visa is further sub-categorized into two types:

   • B-1 Visas: This type of visa is used mostly by employees who are representing employers or by businesspersons and can be issued for a period of 10 years.
   • B-2 Visas: This type of visa is issued generally for the travel and tourism purpose that may be extended to include activities like medical treatment, or settlement of any estate or property etc. It can be issued for a period of 10 years.
2. "E" treaty visas

   These are non-immigrant visas that need a treaty of commerce, navigation, trade, friendship, bilateral investment in place between United States of America and the native country of the person. Both United States and the home country of person must have a mutual agreement between themselves for issuance of this visa. Further is divided into three types:

   • E-1 visa: It is known as the "treaty trader" visa and issued when the company that provides employment to the visa holder must be 50 percent owned by a citizen or citizens of the treaty country. These owner citizens should not have US citizenship or Permanent Residence or holding any different US visa. The company should have sizeable amount of trade between treaty country and United States.
   • E-2 visa: Called as the "treaty investor" visa, it is issued when the company that employs the E-2 visa holder satisfies three basic requirements; that the company should have made significant investments in United States; the company should be involved in active business activity with U.S.; and the company must have strong contribution to the local economy. It is further subcategorized into:
     • The E-2 principal investor for owner of company who owns more than 50% stake.
     • The E-2 manager visa for managers who want to work in managerial capacity
     • The E-2 specialist visa for persons who want to work in specialist field.
   • E-3 visa: It is the Australian Specialist Visa created as a result of Australian-United States Free Trade Agreement. This visa allow Australian nationals who have a university degree or equivalent to work in United States in some skilled or specialist trade.
3. "F" Student Visas

   These types of visas are meant for students who want to study in United States and their immediate family members. If is further subcategorized into two types:

   • F-1 student visa: This type of visa is for students who are pursuing a full-time course of study at any University, academic school, and community college. A full-time course of study means that the student must undergo twelve semester hours per academic term. The holders of F-1 student visa can work part-time on their educational institute's campus for twenty hours or less per week without taking any permission. Under Curricular Practical Training (CPT), the students can look for part-time work outside campus during their course of study and work full-time during summer or winter vacation. In Optional Practical Training (OPT) which is done after completion of study, the student can work full time in sectors in which they have studied.
   • F-2 visa: This type of visa is availed primarily by the spouse and minor children of F-1 visa holder. Minor children indicates children who are unmarried and below 21 years of age.)
4. "H" Temporary Worker Visa

   These types of visa are temporary work visas for people from other country who want to come to United States and get employed in US companies. It is further subcategorized as follows:

   • H-1B visas: This visa is meant for temporary professional workers who will work with US employers. The person holding the H-1B visa can extend the visa for maximum 6 years. The H-1B visa has an annual quota of 65,000 visas for professionals from across the world. A quota of 6800 is kept aside for H-1B1 programs with Singapore and Chile.
   • H-1C visas: This visa is meant for registered nurses who want to get employment under "Health Professional Shortage Areas" (HPSAs).
   • H-2A and H-2B visas: These types of visas are more inclined towards short-term seasonal jobs that employ low-skilled and unskilled workers. The H-2A visa is primarily meant for agricultural workers and H-2B visa are for other type of jobs.
   • H-3 visas: This visa is for those people who are looking for training inside the United States which is otherwise not available in their native country.
   • H-4 visas: H-4 visas ensure that the family members of the principal H-1, H-2, or H-3 visa holders can enter United States. It is used by spouses and children of principal visa holders to enter United States and stay as family. The H-4 visa holder can not work in US.
5. "I" Journalist Visas

   As the name suggest, this type of visa is meant for journalists or media professionals from foreign media. The spouses and children of foreign media professionals can also avail this visa.

6. "I" Education and Cultural Exchange Visas

   This visa is meant for various educational and cultural exchange programs. Some of the persons who can get this visa include research scholars, professors, trainees and flight trainees, school teachers, foreign physicians, international visitors, camp counselors, Au pairs, specialists in various fields, and summer students.

7. "K" K-1 Fiancé(e) visa and K-3 spouse visa

   The K visa has been divided into two primary visas namely the K-1 Fiancé(e) visa and K-3 spouse visa. In K-1 Fiancé(e) visa, the visa holder and any dependents are allowed to enter into United States for a period of 90 days and during this time they have to marry and apply for permanent residence. Along with K-1 Fiancé(e) visa category, there comes the K-2 visa category for dependent children of the Fiancé(e).

   The K-3 spouse visa intended for bringing lawfully married couples together inside US when a US citizen marries a foreign national. It is granted for two years during which the visa holder needs to make efforts for Permanent Residence. Similarly, along with K-3 spouse visa, there comes the K-4 visa category for dependent children of spouse.

8. "L" Transfer visas

   This type of visas is directed towards transferees who want to arrive in U.S. to work in branch office, affiliate, subsidiary, or joint venture of their existing employers. It is further subcategorized into two types: The L-1A visas for executives and managerial staff; and L-1B visas for skilled and trained workers having specialized knowledge.

9. "M" Vocational Student Visas

   Those vocational students who want to come to pursue their studies in a USCIS-approved non-academic program can avail the benefits of the "M" vocational student visas. The principal visa holder will enter US as M-1 visa holder while the spouse or children can come on M-2 visa.

10. "O" Extraordinary Ability Visas

    For grant of this visa, the principal visa holder must show extraordinary talent or ability in the field of arts, science, business, sports, or education.

11. "P" Athlete and Entertainer Visas

    Through this visa, entertainers or athletes can get entry into United States for any competition, athletic event, or entertainment purpose. It has three subcategories:

    • P-1 visa: This visa is for individual or team athletes of international recognition. It is also used by group or members of entertainment groups who are internationally acclaimed and recognition.
    • P-2 visa: IT is for those performers are who are entering United States under reciprocal agreements.
    • P-3 visa: It is for those performers showing some unique and different cultural entertainment.

    The P-4 visa category houses the family members of the principal P visa holders.

12. "R" Extraordinary Ability Visas

    The religious workers can come to United States through this visa and work for the religious organization in United States. The visa holder should be of the same religion as the organization and should have been associated with the organization for two years in home country. The family members of the principal "R" visa holder can come to US under R-2 visa.

(B) Immigrant Visas

The immigrant visas are limited in categories in comparison to non-immigrant visas. Any person who wants to make Unites States of America his/her permanent home must obtain an immigrant visa. A person holding an immigrant visas can permanently reside, work, seek employment, invest, and conduct business or entrepreneurial activity in the United States of America. Holding an immigrant visa makes you a permanent resident of US. However, the scope of different ways through which a person can get immigrant visa is limited. You can get an immigrant visa through:

1. Family based immigration
2. Employment based immigration
3. Diversity Visa Lottery

1. Family Based Immigration

   A family based immigration visa allows the spouse, children, stepchildren, and parents to enter United States without any difficulty. An annual quota of 480,000 has been set for family based immigration as per the US Immigration Law. However, the immediate family of the US citizens which includes spouse, children, stepchildren, and parents do not fall within the ambit of this quota. The number of visas that are taken up by the immediate family members are deducted from 480,000 and the rest are made available for quota-subject categories. To be eligible for family base immigration visa, the person must fit in one of the following categories:

   • Immediate relatives of US citizen: The immediate relatives of US citizens are not placed in any quota. These include spouse, children or stepchildren below 21 years of age, and parents of US citizens.
   • Quota subject relatives of a US citizen: There are certain relatives of US citizen that are subject to quota based family immigration. They are prioritized based on their relations with the US citizen. They are ranked as follows:
     • First preference category for unmarried sons and daughters who are aged 21 years and above of US citizens.
     • Third preference category for married sons and daughters of US citizens.
     • Fourth preference category includes siblings of US citizens provided the US citizen is aged more than 21 years.

       The second preference category has been categorized separately as it is reserved for some relatives of permanent residents.

   • Quota subject relatives of US permanent residents: It is further divided into two subcategories:
     • 2A preference category that includes spouse, unmarried children or stepchildren under age of 21 years.
     • 2B preference category includes unmarried son or daughters of US permanent residents, who are above 21 years of age.
2. Employment Based Immigration:

   The Employment based immigration visa are meant primarily to compensate the economy of the country by filling necessary jobs that can not filled by qualified and able US worker. This type of immigration is useful in bringing highly qualified and skilled talent that can contribute toward growth of knowledge and expertise in US. This type of visa is further categorized under five categories:

   • EB-1 category: The visa category is for skilled and priority workers who are eligible under following three subcategories:
     • EB-1A category: Those people who show extraordinary talent and abilities in arts, science, athletics, business, or education can be eligible for visa under this category.
     • EB-1B category: Researchers or Professors of proven brilliance and ability in their respective fields of study are eligible for visa under this category.
     • EB-1C category: This type of visa is for executives and managerial staff of multinational companies who are getting transferred to United States to work in the branch office, subsidiary, and parent company or affiliate company of the main company.
   • EB-2 category: This category of immigrant visa is kept for professionals holding advanced degrees like Masters or Doctoral after their bachelor's degree. People with extraordinary talent and abilities in arts, science, or business are also eligible for visa under EB-2 category.
   • EB-3 category: This visa category is meant for professionals, skilled workers and 'low skilled' other workers. The professionals and skilled workers are kept in one subcategory while 'low skilled' other workers are kept in another subcategory. All the people who are applying under EB-3 category must have an employment or job offer from US employer. The employer should complete the labor certification for the job that has been offered.
   • EB-4 category: This visa category is mainly meant for religious workers, former employees of US government, employees working for special programs supported by US government, employees of international organization working in US, and employees of NATO who are working in US.
   • EB-5 category: Although placed under employment based immigration visa, the EB-5 category is unique from other employment based visas. The visa issued through EB-5 category is for making investment in United States that leads to creation of jobs or employment for people. This visa category further breaks down into three subcategories that have different requirements for investment, job creation, and investment business management.
     • Investing $500,000 in regional center programs that leads to creation of ten jobs through management of daily business by respective regional center programs.
     • Investing $500,000 in a business that is owned by the investor and showing that the investment has lead to creation of ten permanent full-time jobs in the same business in a "targeted employment area" called as rural area or in high-unemployment urban area.
     • Investing $1,000,000 in a business that is owned by the investor that leads to creation of ten new permanent full-time jobs in the investor's own business in any location other than targeted employment area.
3. Diversity Visa Lottery

   Persons of countries who have very less number of its citizens that immigrated to United States in the preceding year stand a chance to immigrate to US under diversity visa lottery. The only requirement is that of person should have proper education equivalent to completing high school in US, should submit proper information and picture, should not have been convicted for any crime, and should not have any communicable disease. Annually, fifty thousand diversity visas are available under this category.