Nonimmigrant Visas

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Nonimmigrant Visas
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Admission by BCBP
Extension and/or Change of Status
Adjustment of Status to LPR
Visa Issued
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Admission by BCBP
Extension and/or Change of Status
Adjustment of Status to LPR
Visa Issued
Generally, if at any time the applicant falls out
of status, she will not be able to extend, change
or adjust her status.
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General Rules

• Most visas allow for admission of accompanying
  spouse and children
• Applicant must prove that s/he is not an
  intending immigrant.
• Dual intent doctrine, but only for H-1 and Ls
• Dual intent allows person to receive nonimmigrant
  visa and also have a pending immigrant visa
  application. It is the persons intent to leave
  at the conclusion of his permitted stay even
  though there may be a future intent to immigrate.
• Person will comply by all explicit terms of visa
• Requirements are set forth in 8 USC 1101(a)(15)
  and 8 CFR 214.2(a) -
• No work -

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• Most visas do not contemplate that the person
  will work in the U.S. (only work visas permit
  employment, and these are restricted to work with
  a sponsoring employer.
• Many visas require a sponsor in the U.S., usually
  as an employer, but it could also be from an
  educational institution, government agency,
  friend or family member
• E.g. Fiancé (K) requires future spouse, student
  (F) requires school which will be attended,
  temporary worker (H-1 or H-2) requires an
  employer.
• Advantage to NIV
• Most are easier to obtain than immigrant visas
  and they are not subject to quota restrictions.

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General Nonimmigrant Visa Procedures (Applicant
Outside U.S.)
Visa application before US Consul
Visa issued
Advisory Opinion
Inspection at Port of entry
Applicant admitted for period authorized by BCBP
Officer
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Change of Status (Applicant in U.S. legally)
Application with BCIS
denial
Approval
Administrative Appeal
After approval, applicant may seek later
extensions, change or adjustment. A denial not
overturned on appeal will usually result in
removal proceedings
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Procedures for H, K, L, O, P and Q
Visas (Applicant Outside U.S.)
Application to BCIS
Approved application forwarded to US Consul
(denial)
Administrative Appeal to AAO
Visa issued by US Consul
Inspection
Visa Office Advisory Opinion
Extension, change and adjustment of status
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Pleasure Visa

• Tourist (B-2)

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Study Related Visas

• Student Visa (F)
• Vocational Student (M)
• Exchange Student (J)
• Trainee (H-3)

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Work/Business Related

• Execs, managers and employees (with specialized
  knowledge) working for multinational corp. L-1
  (no quotas)
• Business v. Work
• B-1 visa
• Work v. learning culture and history and
  traditions
• Q Visas
• Q-2 Northern Irelanders 18-35 years Q-2 (quota
  restricted to 4,000)
• Extremely liberal interpretation for duration of
  position and length of stay
• Treaty traders/investors (E-1/E-2)
• A person coming temporarily to fill a permanent
  position is allowed but not if s/he is coming
  permanently.
• Specialty Occupations (H-1B) (quota restricted)
• Temporary position
• Agricultural workers (H-2A) or where there are no
  available U.S. workers (H-2B)
• Extraordinary ability in business, education,
  sciences, business, athletics motion picture or
  tv (O visas)
• Individuals or groups of athletes or performers
• TN Visas

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Special Categories

• Fiance
• Victims of trafficking
• Witness