Types of US Visas

The US visa system is complex, but our attorneys are experts in US immigration law and have assisted many clients with their successful US visa applications.

The US visas can be separated into two categories, immigrant visas and nonimmigrant visas. An immigrant visa will grant you permanent residence in the U.S whilst a nonimmigrant visa will only be valid for a certain period of time. The application process for an immigrant visa is usually substantially longer than for a nonimmigrant visa. However, it’s worth noting that you can still pursue permanent residence whilst you are in the USA on a nonimmigrant visa.

The US visa application process can be difficult to understand as the process differs depending on the type of visa that you are applying for. In some circumstances you will be able to make the application yourself, but other visas may require a US sponsor such as a family member or employer, to submit a petition for entry on your behalf. You may then need to submit further application forms yourself following this.

This complex system is why it is highly recommended that you seek the help of a professional immigration lawyer. Having the assistance of an immigration lawyer will greatly increase your chances of success and will make the application process significantly easier.

Page contents

• US visa application assistance
• US visa types
• Visa Waiver Program
• The difference between nonimmigrant and immigrant visas
• US family visas
• US work visas
• US study visas
• How can IAS help?
• Frequently asked questions

 Non-immigrant Visas

Immigrant Visas

Nationals from certain countries can travel to the United States without a visa. The US has a visa waiver program (VWP) that allows citizens of eligible countries to enter the U.S for up to 90 days without requiring a visa.

The countries included in the visa waiver program are:

To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

Although you don’t need a visa under the VWP, you will need authorization through the Electronic System for Travel Authorization (ESTA) before you travel to the United States. Although the visa waiver program will allow you to enter the US without a visa, this is only for a short period of time so if you plan on staying longer than 90 days then you will need to apply for a U.S visa.

The main difference between immigrant and nonimmigrant US visas is the length of time that they grant you entry to the US for. Nonimmigrant visas are temporary visas, this means that they come with a validity period and only allow you to enter the United States for a set period of time. Immigrant visas, which are also known as green cards, grant you permanent residence in the United States, allowing you to make the US your permanent home.

The validity of a nonimmigrant visa varies depending on the type that you apply for, some are only valid for 3 months, whilst others are valid for 3 years. Many of the nonimmigrant visas can also be extended and you can still pursue a route to becoming a lawful permanent resident in the US whilst you are in the country on a temporary visa.

The application process for a nonimmigrant visa is usually much quicker than that of an immigrant visa, which can take years, so many choose to opt for a temporary visa first, and then later apply for permanent residence.

• Overseas nationals who have other family members that are either US citizens or people with lawful permanent residency in the US may be eligible for one of the many US family visas. The main nonimmigrant family visas include the:

  • K1 Visa for fiances of US citizens
  • K3 Visa for spouses of US citizens

  The K2 and K4 Visas are also available for dependents of applicants for the above visas, this includes unmarried children under the age of 21. The K1 Visa is valid for just 90 days, and is for those who intend to marry their US partners during this time. The K3 Visa is valid for up to two years, during which time the visa holder can apply for permanent residency.

  If you wish to join your family permanently in the US, there are a number visa categories of family based green cards that you could be eligible for. There are two routes to a family based green card, they are immediate relative and preference relative. An immediate relative is more likely to be successfully granted a green card, immediate relatives include:

  • Spouses of U.S. citizens (IR-1)
  • Unmarried children of a U.S. citizen who are under the age of 21 (IR-2)
  • An orphan adopted abroad by a U.S. citizen (IR-3)
  • An orphan to be adopted in the United States by a U.S. citizen (IR-4)
  • Parents of U.S. citizens, if the U.S. citizen child is at least 21 years-old (IR-5)

  If you are a relative of a US green card holder, or a more distant relative of a US citizen, you could be eligible for a green card as a preference relative. There are several difference preference categories, they include:

  • Family first preference – Unmarried children of any age of the U.S. citizen
  • Family second preference- Spouses and unmarried children (under 21) of Green Card holders (F2A) & unmarried sons and daughters of Green Card holders who are at least 21-years-old (F2B)
  • Family third preference – Married children of a U.S. citizen (F3)
  • Family fourth preference – Sisters and brothers of U.S. citizens where the U.S. citizen is at least 21-years-old (F4)

Many foreign nationals wish to work in the United States, and there are various U.S visas available for those who intended on immigrating to the country to work. The type of visa that you will need to work in the U.S depends on how long you plan to be in the country for and the type of job that you will be doing.

The most common nonimmigrant work visa is the H1B Visa, which is for specialty workers. To be eligible, workers must hold a bachelor’s degree or higher and be able to work in specialty occupations. There are also a wide range types of visas for other nonimmigrant work visas including the H2B visa for temporary workers, visas for specific occupations like religious workers or athletes, the 01 Visa for individuals with an extraordinary ability, the I visa for journalists and the L1 Visa for those transferring to a U.S branch of an international organization.

There are also several dependent visas available to relatives of successful work visa applicants that can be used for entry into the United States.

If you plan on working in the U.S on a more permanent basis, then you could be eligible for one of the employment based green cards, they are categorized by preference and include:

• EB-1 -Employment first preference for priority workers
• EB-2 -Employment second preference for professionals holding advanced degrees and persons of exceptional ability
• EB-3 -Employment third preference for skilled workers, professionals and unskilled workers
• EB-4 – Employment fourth preference for certain special immigrants
• EB-5 -Employment fifth preference for Immigrant investors

The US is a popular destination for international students looking to study at some of the worlds best educational institutions. There are two categories of student visas available including the F1 visa for academic students and the M1 Visa for vocational students. The student visa category that is best for you will depend on the type of course you plan to study.

To be eligible for an F1 visa, applicants must:

• Have been accepted as a student by an educational institution accredited by the USCIS
• Prove adequate English proficiency
• Have evidence of enough funds to cover at least the first year of study
• Have nonimmigrant intent

M1 visa applicants must:

• Be accepted at a SEVP institution
• Pay the full cost of their program before commencing their studies
• Have high English proficiency
• Have a nonimmigrant intent
• Be able to sustain themselves financially

If you wish to have foreign government come to the U.S as an exchange student, then you could be eligible J-1 Visa, also known as the the Exchange Visitor Program, this permit allows your foreign nationals to enter the US to study or receive training.

If you travel to the United States as a student, you may also be able to bring relatives to join you using one of the dependent visas.