Aliens entering theUnited States must obtain avisa from one of theU.S. diplomatic missions. Visitors may be exempt if they are citizens of one of the visa-exempt orVisa Waiver Program countries.
The same rules apply for travel to allU.S. states,Washington, D.C.,Puerto Rico and theU.S. Virgin Islands, as well as toGuam and theNorthern Mariana Islands with additional waivers, while similar but separate rules apply toAmerican Samoa.
The U.S. government requires all individuals entering or departing the United States by air, or entering the United States by sea from outside theAmericas, to hold one of the following documents:[1]
For entry by land or sea from the Americas, individuals must present one of the documents acceptable for entry by air or one of the following:[1]
Children born to a U.S. permanent resident mother during a temporary visit abroad do not need a passport or visa at the mother's first re-entry to the United States within two years after birth. Children born abroad to a parent with a U.S. immigrant visa after its issuance do not need a visa if holding a passport and a birth certificate.[1]
While there are about 185 different types of U.S. visas,[6] there are two main categories:
A U.S. visa does not authorize entry into the United States or a stay in a particular status, but only serves as a preliminary permission to travel to the United States and to seek admission at a port of entry. The final admission to the United States is made at the port of entry by aCustoms and Border Protection (CBP) officer. For those entering in a nonimmigrant visa status, the admission details are recorded by the CBP officer on aForm I-94, which serves as the official document authorizing the stay in the United States in a particular status and for a particular period of time. When entering by land, a Form I-94 must be obtained in advance or at the border, and aUS$30 fee is charged for its issuance.[7] In order to immigrate, one should either have an immigrant visa or have adual intent visa, which is one that is compatible with making a concurrent application for nonimmigrant and immigrant status.
Entering the United States on an employment visa may be described as a three-step process in most cases. First, the employer files an application withCitizenship and Immigration Services requesting a particular type of category visa for a specific individual. If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa. The individual then applies for a visa and is usually interviewed at aU.S. embassy or consulate in the native country. If the embassy or consulate grants the visa, the individual is then allowed to travel to the United States. At the airport, border crossing or other point of entry, the individual speaks with an officer from theCustoms and Border Protection to request admission, and if approved, the individual may then enter the United States.[6]
In addition to immigration sponsored by a U.S. family member or employer, about 55,000 immigrant visas are available each year to natives of certain countries under theDiversity Immigrant Visa program, also known as the green card lottery.
| Country or territory | States,DC andPuerto Rico | U.S. Virgin Islands | Guam | Northern Mariana Islands | American Samoa |
|---|---|---|---|---|---|
 Marshall Islands | Yes | Yes | Yes | Yes | Online permit |
 Micronesia | Yes | Yes | Yes | Yes | Online permit |
 Palau | Yes | Yes | Yes | Yes | Online permit |
 Canada | Yes | Yes | Yes | Yes | Online permit |
 Bermuda | Yes | Yes | Yes | Yes | No |
 Australia | ESTA | ESTA | ESTA/ETA | ESTA/ETA | Online permit |
 Brunei[a] | ESTA | ESTA | ESTA/ETA | ESTA/ETA | Online permit |
 Japan | ESTA | ESTA | ESTA/ETA | ESTA/ETA | Online permit |
 New Zealand | ESTA | ESTA | ESTA/ETA | ESTA/ETA | Online permit |
 Singapore | ESTA | ESTA | ESTA/ETA | ESTA/ETA | Online permit |
 South Korea | ESTA | ESTA | ESTA/ETA | ESTA/ETA | Online permit |
 Taiwan | ESTA[b] | ESTA[b] | ESTA[b]/ETA[c] | ESTA[b]/ETA[c] | Online permit |
 United Kingdom | ESTA[d] | ESTA[d] | ESTA[d]/ETA[e] | ESTA[d]/ETA[e] | Online permit[f] |
 EU[g][h] andEFTA | ESTA | ESTA | ESTA | ESTA | Online permit |
 Andorra | ESTA | ESTA | ESTA | ESTA | Online permit |
 Chile | ESTA | ESTA | ESTA | ESTA | Online permit |
 Israel[i] | ESTA | ESTA | ESTA | ESTA | Online permit |
 Monaco | ESTA | ESTA | ESTA | ESTA | Online permit |
 Qatar | ESTA | ESTA | ESTA | ESTA | Online permit |
 San Marino | ESTA | ESTA | ESTA | ESTA | Online permit |
 Bahamas | Police certificate | No | No | No | No |
 British Virgin Islands | Police certificate | Yes | No | No | No |
 Cayman Islands | Police certificate | No | No | No | No |
 Turks and Caicos Islands | Police certificate | No | No | No | No |
 Hong Kong[j] | No | No | ETA | ETA | No |
 Malaysia | No | No | ETA | ETA | No |
 Nauru | No | No | ETA | ETA | No |
 Papua New Guinea | No | No | ETA | ETA | No |
 China | No | No | No | ETA | No |
 Samoa | No | No | No | No | Online permit |
|
UnderCompacts of Free Association, citizens of the Marshall Islands, Micronesia and Palau may enter, reside, study and work in the United States indefinitely without a visa. These benefits are granted to citizens from birth orindependence, and tonaturalized citizens who have resided in the respective country for at least five years, excluding those who acquired citizenship by investment.[14][15]
|
The United States grants visa-free entry to nationals of two neighboring jurisdictions under most circumstances:[3]
Canada – Citizens of Canada do not need a visa to visit the United States under most circumstances.[17] In addition, under theUSMCA (and previously theNAFTA), they may obtain authorization to work under asimplified procedure.Bermuda – British Overseas Territories citizens of Bermuda do not need a visa to visit the United States under most circumstances for up to 180 days.[17] They may also enter to study there without a visa.[18] To qualify for the visa exemption, they must present aBritish passport with "Government of Bermuda" on the cover, with the nationality listed as "British Overseas Territories Citizen" or "British Dependent Territories Citizen", and containing an endorsement stamp of "Holder is registered as a Bermudian", "Holder possesses Bermudian status" or "Holder is deemed to possess Bermudian status".[18]The United States also grants visa-free entry to nationals of some other neighboring jurisdictions under certain conditions:[3]
Bahamas – Nationals of the Bahamas do not need a visa to the United States if they apply for admission at aU.S. preclearance facility located in the Bahamas. In addition to aBahamian passport, applicants 14 years of age or older must present a police certificate issued by theRoyal Bahamas Police Force in the previous six months indicating no criminal record.[19]British Virgin Islands – British Overseas Territories citizens of the British Virgin Islands may travel without a visa to theU.S. Virgin Islands with theirBritish Virgin Islands passport. They may also continue travel to other parts of the United States if they present a Certificate of Good Conduct issued by theRoyal Virgin Islands Police Force indicating no criminal record.[3][20]Cayman Islands – British Overseas Territories citizens of the Cayman Islands may travel without a visa to the United States. To qualify, they must receive a visa waiver from the Cayman Islands Passport and Corporate Services Office, for which they must present aCayman Islands passport valid for at least six months beyond their intended departure from the United States, a fee of 25Cayman Islands dollars, and a police clearance certificate for applicants age 13 or older.[21] The visa waiver is valid for only one entry and for travel directly from the Cayman Islands to the United States.[22]Turks and Caicos Islands – British Overseas Territories citizens of theTurks and Caicos Islands may travel to the United States without a visa for short stays for business or pleasure. To qualify, they must travel directly from the territory to the United States, present aTurks and Caicos Islands passport or another travel document stating that they are British Overseas Territory citizens with the right of abode in the Turks and Caicos Islands, and applicants 14 years of age or older must also present a police certificate issued by theRoyal Turks and Caicos Islands Police Force in the previous six months indicating no criminal record.[23]Visa-free entry is also granted to limited categories of nationals of another neighboring country:
Mexico – Some nationals of Mexico do not need a visa to travel to the United States: government officials not permanently assigned to the United States and their accompanying family members, holding diplomatic or official passports, for stays of up to 6 months; members of theKickapoo tribes of Texas or Oklahoma, holding Form I-872, American Indian Card; and crew members ofMexican airlines operating in the United States.[3] Other nationals of Mexico may travel to the United States with aBorder Crossing Card, which functions as a visa and has similar requirements.[24] Under theUSMCA (and earlierNAFTA), they may also obtain authorization to work under asimplified procedure.
|
As of 2026, 42 countries[k] have been selected by the U.S. government for inclusion in theVisa Waiver Program (VWP).[39][41] Their nationals do not need a U.S. visa for short stays, but they are required to obtain anElectronic System for Travel Authorization (ESTA) prior to arrival.[42] Visitors may stay for up to 90 days in the United States, which also includes time spent in Canada, Mexico,Bermuda or the islands in theCaribbean if the arrival was through the United States.[1]
Program countries:
|
TheElectronic System for Travel Authorization (ESTA) is not considered a visa,[45] but a prerequisite to traveling to the United States under the Visa Waiver Program. ESTA has an application fee ofUS$10.27, and if approved, an additional fee of $30 is charged, for a total of $40.27.[46] Once obtained, the authorization is valid for up to two years or until the traveler's passport expires, whichever comes first, and is valid for multiple entries into the United States.[a] Passengers are advised to apply for ESTA at least 72 hours before departure.[47][8]
Travel by air or sea with ESTA must be made on a participating commercial carrier. The VWP does not apply at all if arriving by air or sea on an unapproved carrier (e.g. a private ship or plane), in which case a standard visa is required.[8] ESTA is also required for entry by land.[48]
When entering the United States by land, travelers must, apart from their ESTA, also have an I-94 (Arrival/Departure Record) as their official record of admission and authorized stay. Unlike air or sea travel, where the I-94 is created automatically, land travelers must usually apply for the I-94, either at the border or in advance online using the official CBP website. The I-94 costs an additional $30.[49]
As of 2026, those who have previously been inIran,Iraq,Libya,North Korea,Somalia,Sudan,Syria orYemen on or after March 1, 2011, or inCuba on or after January 12, 2021, or who aredual nationals of Cuba, Iran, Iraq, North Korea, Sudan or Syria, are not eligible to travel under the VWP and must obtain a standard visa.[39] However, those who traveled to such countries for diplomatic, military, humanitarian, reporting or legitimate business purposes may have this ineligibility waived.[50]
Although the visa policy of the United States also applies to theU.S. territories ofGuam and theNorthern Mariana Islands, both territories have an additional visa waiver program for certain nationalities. The Guam–CNMI Visa Waiver Program, first enacted in October 1988 and periodically amended, permits nationals of 12 countries to visit Guam and the Northern Mariana Islands for up to 45 days, and nationals of China to visit the Northern Mariana Islands for up to 14 days, for tourism or business, without the need to obtain a U.S. visa.[3]
| Program countries: |
|
Travelers with a visa or ESTA are admitted to the territories in accordance with the terms of the visa or ESTA.
Travelers using the Guam–CNMI Visa Waiver Program are required to obtain a Guam–CNMI Electronic Travel Authorization (G-CNMI ETA), similar to ESTA. This authorization is valid for up to two years (one year for nationals of China), or until the traveler's passport expires (six months before the passport expires, for nationals of Brunei, China and Nauru), whichever comes first, and it is valid for multiple entries during this period. This authorization does not require a fee.[62][63][64]
Travelers using this program must also hold a machine-readable passport and nonrefundable return ticket, and are not permitted to travel to other parts of the United States. Because of work visas and waivers specific to the Northern Mariana Islands, traveling between Guam and the Northern Mariana Islands still requires a full immigration inspection, and all visitors departing Guam or Northern Mariana Islands are inspected regardless of final destination.[65]
U.S. visa policy does not apply to the territory ofAmerican Samoa, as it has its own entry requirements and maintains control of its own borders. If required, a visitor permit must be obtained from the American Samoa Department of Legal Affairs.[66]
To travel to American Samoa, U.S. nationals must present a valid U.S. passport or travel document, or a certified birth certificate in combination with a valid identification card.[67] Alternatively, they may apply online for an electronic authorization providing a copy of their birth certificate or expired travel document, a copy of their identification card, itinerary, and a fee ofUS$50 for verification of vital records.[68]
In addition to their identification document or electronic authorization, U.S. nationals must also show proof of residence or employment in American Samoa or a ticket for future departure from the territory.[69] However, after entering American Samoa, U.S. nationals may reside there indefinitely and cannot be deported.[70]
Holders of a valid U.S. visa orgreen card, nationals of Canada, Marshall Islands, Micronesia, Palau and countries in the U.S. Visa Waiver Program may apply online for a visitor permit for a stay of up to 30 days, at least 3 business days before travel, providing a copy of their passport valid for at least 6 months after their planned departure from the territory, a ticket for such departure, proof of accommodation, and a fee of $40.[71][72] Cruise ship passengers do not need a visitor permit.[73]
Nationals ofSamoa may apply online for a visitor permit for a stay of up to 10 days, for a fee of $10.[74]
Online visitor permits of American Samoa:
|
|
Other visitors need to obtain a visitor permit through a local sponsor, who must appear in person at the Immigration Office of the Department of Legal Affairs. The application must be signed by the sponsor's familymatai (chief) and pulenuʻu (village mayor), unless the sponsor provides a deed or lease of private land.
Applicants must also provide a copy of their passport or identity document valid for at least six months after their planned departure from the territory, a ticket for such departure, a police clearance from the country of origin, and a fee of $40. Minors traveling without a parent must also provide a notarized consent from their parent or guardian and their birth certificate.
The application must be made at least three business days before travel, and the permit is valid for a stay of up to 30 days, but an extension may be requested for a fee of $50.[82]
Residents of theChukotka Autonomous Okrug in Russia who are members of the indigenous population do not need a visa to visitAlaska if they have relatives (blood relatives, members of the same tribe, native people who have similar language and cultural heritage) in Alaska. Entry points are inGambell andNome. Individuals must be invited by a relative in Alaska, must notify local authorities at least ten days before traveling to Alaska, and must leave Alaska within 90 days.
The agreement establishing this policy was signed by Russia (then theSoviet Union) and the United States on September 23, 1989. The United States made it effective as of July 17, 2015.[83][84]
Members of certain indigenous peoples born in Canada may enter and remain in the United States indefinitely "for the purpose of employment, study, retirement, investing, and/or immigration" or any other reason by virtue of theJay Treaty of 1794, as codified in Section 289 of the Immigration and Naturalization Act.[85]
In order to qualify, an individual must possess "at least 50 per centum blood of the American Indian Race".[85][86] Tribal membership alone does not qualify an individual.[85] The individual bears the burden of proof in establishing eligibility, typically by way of presenting identification based on reliable tribal records, birth certificates, and other documents establishing the percentage of indigenous ancestry.[87] A Canadian Certificate of Indian Status is insufficient proof because it does not indicate the percentage of indigenous ancestry.[87]
This provision does not extend to family members unless they qualify in their own right.[85][87][88] However, qualifying American Indians residing in the United States are considered to be lawfully admitted for U.S. permanent residence and therefore may file a petition for their spouse and dependent children, subject to statutory numerical limitations and a potential backlog of applications.[85][89][90]
The United States has suspended the issuance of certain types of visas for certain people from certain countries as sanctions for their lack of cooperation in accepting the return of their nationalsdeported from the United States.[91][92] In April 2025, these sanctions were applied to all visas of all nationals ofSouth Sudan.[93]
The United States has also prohibited visas for certain people as sanctions for many other reasons, such as government officials allegedly violating human rights or undermining democracy.[94]
On June 4, 2025, PresidentDonald Trump issued a proclamation suspending the issuance of visas for nationals of several countries, effective June 9, 2025, due to insufficient sharing of information for their security screening.[95] On December 16, 2025, another proclamation modified some of the previous restrictions and added other countries, effective January 1, 2026.[96]
With limited exceptions, the proclamation suspends the issuance of new visas for nationals of the following countries:[96]
With limited exceptions, the proclamation suspends the issuance of new immigrant, visitor (B), student (F, M) and exchange (J) visas for nationals of the following countries:[96]
With limited exceptions, the proclamation suspends the issuance of new immigrant visas for nationals ofTurkmenistan.[96]
Exceptions include people already in the United States or holding valid U.S. visas on the effective date of the proclamation; U.S. permanent residents; dual nationals of a country not included in the proclamation; non-immigrant visas for government officials and their family members (A, C, G, NATO); athletes, their supporting staff and family members traveling for major sporting events;Special Immigrant Visas for people who worked for the U.S. government; immigrant visas for persecuted minorities in Iran; witnesses in criminal proceedings; and national interest cases.[96]
On August 5, 2025 the Department of State established a 12 month visa bond pilot program to test the feasibility of a bond system (with bond rates of $5,000, $10,000, or $15,000 depending on the applicants circumstances) for B-1/B-2 visitor visa applicants from countries whose nationals have high overstay rates; where screening and vetting information is deemed insufficient causing the Department to have difficulty obtaining full background and criminal history information; or that offercitizenship by investment programs whereby the applicant obtained citizenship with no residency requirement.[97][98][99]
All visa holders who have posted a visa bond must enter and exit the United States through ports of entry designed by the Department of State. Compliance with the terms of the visa bond will result in its cancellation and the automatic return of the money if the visa holder’s departure from the United States is recorded on or before the date to which they are authorized to stay in the United States; if the visa holder does not travel to the United States before the expiration of the visa; or if the visa holder is denied entry at arrival. Failure to comply with the terms of the bond will result in the forfeiture of the bond deposit.[97][98]
On the same day the Department also published a list of two countries that will be covered by the B-1/B-2 visa bond pilot program, effective August 20, 2025: Malawi and Zambia. Since that time the list has been expanded to cover nationals of the following countries from January 21, 2026:[97][99]
On January 14, 2026, theDepartment of State announced that it would suspend processing immigrant visas for nationals of the following countries from January 21, 2026, due to concerns about theirpotential to depend on government assistance:[100]
Exceptions include dual nationals of a country not included in this restriction, and cases of national interest.[100]
Visits to theUnited States Minor Outlying Islands – Baker Island,[101]Howland Island,[102]Jarvis Island,[103]Johnston Atoll,[104]Kingman Reef,[105]Midway Atoll,[106]Navassa Island,[107]Palmyra Atoll[108] andWake Island[109] – are severely restricted. The islands are not accessible to the general public, and all visits require special permits from theU.S. Fish and Wildlife Service, or fromThe Nature Conservancy for Palmyra Atoll,[108] or from theU.S. Air Force for Johnston Atoll[104] and Wake Island.[110]
Applicants for visitor visas must show that they qualify under provisions of theImmigration and Nationality Act. The presumption in the law is that every nonimmigrant visa applicant (except certain employment-related applicants, who are exempt) is an intending immigrant unless otherwise proven. Therefore, applicants for most nonimmigrant visas must overcome this presumption by demonstrating that:
All visit, business, transit, student, and exchange visitor visa applicants must pay an application fee ofUS$185[111] to the consular section at a U.S. embassy or consulate in order to be interviewed by a consular officer who will determine if the applicant is qualified to receive a visa to travel to the United States (additionally, the officer may also ask theUnited States Department of State for aSecurity Advisory Opinion, which can take several weeks to resolve). The application fee is increased to $205 for most work visas and can be even higher for certain categories.[111]
Amongst the items included in the qualification decision are financial independence, adequate employment, material assets and a lack of a criminal record in the applicant's native country. If the applicant is rejected, the application fee is not refunded. If the application is approved, nationals of certain countries must also pay a visa issuance fee, based on reciprocity.[112]
Nationals of certain countries must also pay a bond between $5,000 and $15,000, which is refunded after the expiration of the visa if the person has complied with its conditions.[113] TheOne Big Beautiful Bill Act, enacted in July 2025, would also require nonimmigrants to pay a $250 "visa integrity fee", which would also be similarly refunded after compliance.[114]
In April 2025, U.S. Secretary of StateMarco Rubio ordered the review of social media accounts of visa applicants who had visited theGaza Strip since 2007, to investigate their potential security risks. The Department of State also revoked the visas of some students who had criticized Israel's actions in Gaza.[115]
The highest number of non-immigrant admissions for tourists and for business purposes into the United States in fiscal year 2014, 2015, 2016, and 2017 was from the following countries (listed over 700,000 admissions):
| Country | FY 2017[116] | FY 2016[117] | FY 2015[118] | FY 2014[119] |
|---|---|---|---|---|
| Mexico |  18,101,904 | 18,420,891 |  19,175,345 | 18,889,281 |
| Canada | 11,616,347 | 11,366,670 | 11,671,122 | 11,289,743 |
| United Kingdom[p] | 4,786,421 | 4,930,593 | 4,691,874 | 4,549,934 |
| Japan | 3,697,844 | 3,717,029 | 3,750,667 | 3,933,941 |
| China[q] | 2,630,300 | 2,587,968 | 2,309,654 | 2,001,302 |
| South Korea | 2,324,707 | 2,001,417 | 1,742,422 | 1,576,328 |
 Germany | 2,228,358 | 2,190,832 | 2,208,145 | 2,283,086 |
 Brazil | 2,011,385 | 1,866,261 | 2,383,822 | 2,275,588 |
 France[r] | 1,923,414 | 1,897,398 | 1,915,725 | 1,966,335 |
| Australia[s] | 1,463,908 | 1,423,898 | 1,399,615 | 1,389,358 |
 Italy | 1,282,989 | 1,262,691 | 1,229,115 | 1,282,485 |
 India | 1,264,598 | 1,206,225 | 1,175,153 | 1,111,738 |
 Argentina | 1,085,461 | 943,224 | 765,576 | 730,089 |
 Spain | 1,037,798 | 1,012,133 | 953,969 | 955,737 |
 Colombia | 926,855 | 885,763 | 928,424 | 924,916 |
 Netherlands[t] | 796,945 | 766,691 | 749,826 | 766,936 |
| Total (worldwide) | 70,056,257 | 69,128,433 | 69,025,896 | 67,519,113 |
| Country | FY 2017 | FY 2016 | FY 2015 | FY 2014 | FY 2013 |
|---|---|---|---|---|---|
| South Korea | 746,987 | 685,228 | 544,957 | 427,900 | 308,037 |
| Japan | 563,220 | 620,376 | 745,680 | 773,019 | 810,856 |
 United States | 93,244 | 77,077 | 77,706 | 70,246 | 55,192 |
| Taiwan | 27,880 | 32,505 | 42,229 | 42,205 | 49,136 |
 Northern Mariana Islands | 20,563 | 19,325 | 17,579 | 14,334 | 14,761 |
 Philippines | 19,091 | 19,132 | 21,652 | 12,427 | 12,079 |
| China | 16,267 | 21,954 | 27,013 | 23,698 | 16,280 |
| Total | 1,552,177 | 1,545,392 | 1,535,518 | 1,409,050 | 1,343,092 |
| Country | FY 2017 | FY 2016 | FY 2015 | FY 2014 |
|---|---|---|---|---|
| South Korea | 333,069 | 200,875 | 182,622 | 142,081 |
| China | 229,389 | 206,538 | 186,509 | 170,121 |
| Japan | 52,227 | 62,120 | 80,832 | 109,793 |
 Guam | 16,018 | 13,932 | 19,968 | 11,879 |
| United States | 8,528 | 8,516 | 8,566 | |
| Hong Kong | 4,746 | 1,710 | 732 | 1,098 |
 Russia | 2,130 | 1,796 | 1,374 | 11,200 |
| Taiwan | 1,053 | 717 | 0 | 0 |
| Philippines | 969 | 999 | 2,405 | 694 |
| Total | 653,150 | 501,469 | 478,592 | 459,240 |
| Country | FY 2018 | FY 2017 | FY 2016 | FY 2015 | FY 2014 |
|---|---|---|---|---|---|
| Samoa | 23,723 | 22,954 | 22,371 | 21,251 | 20,786 |
| United States | 18,324 | 16,959 | 17,560 | 17,053 | 14,487 |
| New Zealand | 4,174 | 3,825 | 3,660 | 3,580 | 3,589 |
| Philippines | 1,095 | 970 | 1,148 | 1,016 | 966 |
| Australia | 1,035 | 930 | 974 | 860 | 978 |
 Fiji | 615 | 704 | 644 | 639 | 615 |
| China | 674 | 669 | 861 | 832 | 758 |
 Tonga | 747 | 595 | 707 | ||
| Total | 76,002 | 71,952 | 50,159 | 48,197 | 45,326 |
All U.S. visa types and subtypes are listed below:[123][124]
The Trump administration issued new rules on August 12,2019, that will reject applicants for temporary or permanent visas for failing to meet income standards or for receiving public assistance such as welfare,food stamps,public housing orMedicaid.[125]
Critics[who?] feared the new law, which was set to go into effect in October 2019, could negatively impact the lives of children who are U.S. citizens.[126]
| Symbol | Description |
|---|---|
| Immediate Relatives | |
| IR-1 | Spouse of U.S. citizen |
| IR-2 | Child of U.S. citizen |
| IR-3 | Orphan from a non-Hague country (i.e., not a party to theHague Adoption Convention) adopted abroad by U.S. citizen |
| IR-4 | Orphan from a non-Hague country to be adopted in the United States by U.S. citizen |
| IR-5 | Parent of U.S. citizen at least 21 years of age |
| IH-3 | Orphan from a Hague country adopted abroad by U.S. citizen |
| IH-4 | Orphan from a Hague country to be adopted in the United States by U.S. citizen |
| CR-1 | Spouse of U.S. citizen (conditional status) |
| CR-2 | Child of U.S. citizen (conditional status) |
| IW-1 | Certain spouses of deceased U.S. citizens |
| IW-2 | Child of IW-1 IB-1 |
| IB-1 | Self-petition spouse of U.S. citizen |
| IB-2 | Self-petition child of U.S. citizen |
| IB-3 | Child of IB-1 |
| VI-5 | Parent of U.S. citizen who acquired permanent resident status under the Virgin Islands Nonimmigrant Alien Adjustment Act |
| Vietnam Amerasian Immigrants | |
| AM-1 | Vietnam Amerasian principal |
| AM-2 | Spouse/Child of AM-1 |
| AM-3 | Natural mother of AM-1 (and spouse or child of such mother), or person who has acted in effect as the mother, father, or next-of-kin of AM-1 (and spouse or child of such person) |
| Special Immigrants | |
| SB-1 | Returning resident |
| SC-1 | Certain persons who lost U.S. citizenship by marriage |
| SC-2 | Certain persons who lost U.S. citizenship by serving in foreign armed forces |
| Family-Sponsored Immigrants: First Preference | |
| F11 | Unmarried son or daughter of U.S. citizen |
| F12 | Child of F11 |
| B11 | Self-petition unmarried son or daughter of U.S. citizen |
| B12 | Child of B11 |
| Family-Sponsored Immigrants: Second Preference (Subject to Country Limitations) | |
| F21 | Spouse of permanent resident |
| F22 | Child of permanent resident |
| F23 | Child of F21 or F22 |
| F24 | Unmarried son/daughter of permanent resident |
| F25 | Child of F24 |
| B21 | Self-petition spouse of permanent resident |
| B22 | Self-petition child of permanent resident |
| B23 | Child of B21 or B22 |
| B24 | Self-petition unmarried son/daughter of permanent resident |
| B25 | Child of B24 |
| Family-Sponsored Immigrants: Second Preference (Exempt from Country Limitations) | |
| FX1 | Spouse of permanent resident |
| FX2 | Child of permanent resident |
| FX3 | Child of FX1 or FX2 |
| BX1 | Self-petition spouse of permanent resident |
| BX2 | Self-petition child of permanent resident |
| BX3 | Child of BX1 or BX2 |
| Family-Sponsored Immigrants: Third Preference | |
| F31 | Married son or daughter of U.S. citizen |
| F32 | Spouse of F31 |
| F33 | Child of F31 |
| B31 | Self-petition married son or daughter of U.S. citizen B32 |
| B32 | Spouse of B31 |
| B33 | Child of B31 |
| Family-Sponsored Immigrants: Fourth Preference | |
| F41 | Brother or sister of U.S. citizen who is at least 21 years of age |
| F42 | Spouse of F41 |
| F43 | Child of F41 |
| Employment-Based Immigrants: First Preference (Priority Workers) | |
| E11 | Person with extraordinary ability in the sciences, arts, education, business, or athletics |
| E12 | Outstanding professor or researcher |
| E13 | Multinational executive or manager |
| E14 | Spouse of E11, E12, or E13 |
| E15 | Child of E11, E12, or E13 |
| Employment-Based Immigrants: Second Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability) | |
| E21 | Professional holding advanced degree or person of exceptional ability in the sciences, arts, or business |
| E22 | Spouse of E21 |
| E23 | Child of E21 |
| Employment-Based Immigrants: Third Preference (Skilled Workers, Professionals, and Other Workers) | |
| E31 | Skilled worker |
| E32 | Professional holding baccalaureate degree |
| E34 | Spouse of E31 or E32 |
| E35 | Child of E31 or E32 |
| EW3 | Other workers |
| EW4 | Spouse of EW3 |
| EW5 | Child of EW3 |
| Employment-Based Immigrants: Fourth Preference (Certain Special Immigrants) | |
| BC-1 | Certain international broadcasters |
| BC-2 | Spouse of BC-1 |
| BC-3 | Child of BC-1 |
| SD-1 | Minister of religion |
| SD-2 | Spouse of SD-1 |
| SD-3 | Child of SD-1 |
| SE-1 | Certain employees or former employees of the U.S. Government abroad |
| SE-2 | Spouse of SE-1 |
| SE-3 | Child of SE-1 |
| SF-1 | Certain former employees of the Panama Canal Company or Canal Zone Government |
| SF-2 | Spouse or child of SF-1 |
| SG-1 | Certain former employees of the U.S. Government in the Panama Canal Zone SG-2 |
| SH-2 | Spouse or child of SH-1 |
| SJ-2 | Spouse or child of SJ-1 (certain foreign medical graduates) |
| SK-1 | Certain retired international organization employees |
| SK-2 | Spouse of SK-1 SK-3 |
| SK-4 | Certain surviving spouses of deceased international organization employees SL-1 |
| SM-1 | Person recruited outside the United States who has served, or is enlisted to serve, in the U.S. Armed Forces for 12 years (became eligible after October 1, 1991) |
| SM-2 | Spouse of SM-1 |
| SM-3 | Child of SM-1 |
| SM-4 | Person recruited outside the United States who has served, or is enlisted to serve, in the U.S. Armed Forces for 12 years (eligible as of October 1, 1991) |
| SM-5 | Spouse or child of SM-4 |
| SN-1 | Certain retired NATO-6 civilian employees |
| SN-2 | Spouse of SN-1 |
| SN-3 | Certain unmarried sons or daughters of NATO-6 civilian employees |
| SN-4 | Certain surviving spouses of deceased NATO-6 civilian employees |
| SR-1 | Certain religious workers (subgroup numerical limit) |
| SR-2 | Spouse of SR-1 |
| SR-3 | Child of SR-1 |
| Employment-Based Immigrants: Fifth Preference (Employment Creation – Investors) (Conditional Status) | |
| C51 | Employment creation outside targeted area |
| C52 | Spouse of C51 |
| C53 | Child of C51 |
| T51 | Employment creation in targeted rural/high unemployment area (subgroup numerical set-aside) |
| T52 | Spouse of T51 |
| T53 | Child of T51 |
| R51 | Investor pilot program, not in targeted area |
| R52 | Spouse of R51 |
| R53 | Child of R51 |
| I51 | Investor pilot program, in targeted area |
| I52 | Spouse of I51 |
| I53 | Child of I51 |
| Other Numerically Limited Categories: Diversity Immigrants | |
| DV-1 | Diversity immigrant |
| DV-2 | Spouse of DV-1 |
| DV-3 | Child of DV-1 |
| Symbol | Description |
|---|---|
| A-1 | Head of state and immediate family, prime minister and immediate family, government minister, ambassador, career diplomat or consular officer, or immediate family |
| A-2 | Minister of state, other foreign government official or employee, or immediate family |
| A-3 | Attendant, servant, or personal employee of A-1 or A-2, and immediate family |
| B-1 | Temporary visitor for business, domestic employees, academics, researchers and students |
| B-2 | Temporary visitor for holiday, tourism, medical treatment |
| B1/B2 | Temporary visitor for business & pleasure |
| C-1 | Person in transit |
| C-1/D | Combined Transit and Crewmember (sea or air) |
| C-2 | Person in transit to United Nations Headquarters district under Section 11 (3), (4), or (5) of the Headquarters Agreement |
| C-3 | Foreign government official, immediate family, attendant, servant or personal employee, in transit |
| CW-1 | Commonwealth of Northern Mariana Islands transitional worker |
| CW-2 | Spouse or child of Commonwealth of Northern Mariana Islands transitional worker |
| D | Crewmember (sea or air) |
| E-1[u] | Treaty trader, spouse and children |
| E-2[u] | Treaty investor, spouse and children |
| E-2C[u] | Commonwealth of Northern Mariana Islands investor, spouse, or child |
| E-3[u] | Treaty traders and investors: Australian Free Trade Agreement |
| E-3D[u] | Spouse or child of E-3 |
| E-3R[u] | Returning E-3 |
| F-1 | Student (academic or language training program) |
| F-2 | Spouse or child of F-1 |
| F-3 | Canadian or Mexican national commuter student in an academic or language training program |
| G-1 | Principal resident representative of recognized foreign member government to international organization, staff, and immediate family |
| G-2 | Other representative of recognized foreign member government to international organization, and immediate family |
| G-3 | Representative of non-recognized or nonmember foreign government to international organization, and immediate family |
| G-4 | International organization officer or employee, and immediate family |
| G-5 | Attendant, servant, or personal employee of G-1 through G-4, and immediate family |
| GB | Temporary visitors: for business, visa waiver, Guam |
| GT | Temporary visitors: for pleasure, visa waiver, Guam |
| H-1B[u] | Alien in a specialty occupation (profession) |
| H1B1 | Chilean or Singaporean national to work in a specialty occupation |
| H-1C | Nurse in health professional shortage area |
| H-2A | Temporary worker performing agricultural services unavailable in the United States |
| H-2B | Temporary worker performing other services unavailable in the United States |
| H-3 | Temporary workers and trainees: industrial trainees |
| H-4[u] | Temporary workers and trainees: spouses and children of H-1B, H-1B1, H-2A, H-2B, or H-3 |
| I | Representative of foreign information media, spouse and children |
| J-1 | Exchange visitor |
| J-2 | Spouse or child of exchange visitor |
| K-1[u] | Fiancé(e) of U.S. citizen |
| K-2[u] | Child of fiancé(e) of U.S. citizen |
| K-3[u] | Spouse of U.S. citizen awaiting availability of immigrant visa |
| K-4[u] | Child of K-3 |
| L-1[u] | Intracompany transferee (executive, managerial, and specialized personnel continuing employment with international firm or corporation) |
| L-2[u] | Spouse or child of intracompany transferee |
| M-1 | Vocational student or other nonacademic student |
| M-2 | Spouse or child of M-1 |
| M-3 | Border commuter student (vocational or nonacademic)[130] |
| N-8 | Parent of SK-3 or SN-3 special immigrant |
| N-9 | Child of N-8 or of SK-1, SK-2, SK-4, SN-1, SN-2, or SN-4 special immigrant |
| NATO-1 | Principal permanent representative of member state to NATO (including any of its subsidiary bodies) resident in the U.S. and resident members of official staff; Secretary General, Assistant Secretaries General, and Executive Secretary of NATO; other permanent NATO officials of similar rank, and members of immediate family |
| NATO-2 | Other representatives of member states to NATO (including any of its subsidiary bodies) including representatives, advisers, and technical experts of delegations, and members of immediate family; dependents of members of a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement or in accordance with provisions of the "Protocol on the Status of International Military Headquarters"; members of such a force if issued visas |
| NATO-3 | Official clerical staff accompanying a representative of member state to NATO (including any of its subsidiary bodies), and members of immediate family |
| NATO-4 | Officials of NATO (other than those classifiable as NATO-1), and members of immediate family |
| NATO-5 | Experts, other than officials classifiable as NATO-4, employed in missions on behalf of NATO, and their dependents |
| NATO-6 | Members of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement; members of a civilian component attached to or employed by an Allied Headquarters under the "Protocol on the Status of International Military Headquarters" set up pursuant to the North Atlantic Treaty; and their dependents |
| NATO-7 | Attendant, servant, or personal employee of NATO-1 through NATO-6 classes, and immediate family |
| O-1[u] | Person with extraordinary ability in the sciences, arts, education, business, or athletics |
| O-2[u] | Person accompanying and assisting in the artistic or athletic performance by O-1 |
| O-3[u] | Spouse or child of O-1 or O-2 |
| P-1[u] | Internationally recognized athlete or member of an internationally recognized entertainment group |
| P-2[u] | Artist or entertainer in a reciprocal exchange program |
| P-3[u] | Artist or entertainer in a culturally unique program |
| P-4[u] | Spouse or child of P-1, P-2, or P-3 |
| Q-1 | Participant in an international cultural exchange program |
| R-1 | Person in a religious occupation |
| R-2 | Spouse or child of R-1 |
| S-5 | Informant possessing information on criminal activity |
| S-6 | Informant possessing information on terrorism |
| S-7 | Spouse, married or unmarried son or daughter, or parent of S-5 or S-6 |
| SIJS | Special Immigrant Juvenile Status: Qualifying children present in the U.S. who are declared dependents of a juvenile court and who would be harmed if returned to their home country |
| T-1 | Victim of a severe form of trafficking in persons |
| T-2 | Spouse of T-1 |
| T-3 | Child of T-1 |
| T-4 | Parent of T-1 under 21 years of age |
| T-5 | Under-18 unmarried sibling of T-1 |
| T-6 | Adult or minor child of a derivative beneficiary of a T-1 |
| TN | NAFTA professional |
| TD | Spouse or child of TN |
| U-1 | Victim of criminal activity |
| U-2 | Spouse of U-1 |
| U-3 | Child of U-1 |
| U-4 | Parent of U-1 under 21 years of age |
| U-5 | Under-18 unmarried sibling of U-1 under 21 at time of filing |
| V-1[u] | Spouse of lawful permanent resident awaiting availability of immigrant visa |
| V-2[u] | Child of lawful permanent resident awaiting availability of immigrant visa |
| V-3[u] | Derivative child of V-1 and V-2 |
| WB | Temporary visitors: visa waiver, business |
| WT | Temporary visitors: visa waiver, pleasure |
A visas are issued to representatives of a foreign government traveling to the United States to engage in official activities for that government. A visas are granted to foreign governmentambassadors,ministers,diplomats, as well as other foreign government officials or employees traveling on official business (A-1 visa). Certain foreign officials require an A visa regardless of the purpose of their trip.
The A visa is also granted to immediate family members of such foreign government officials, defined as "the principal applicant's spouse and unmarried sons and daughters of any age who are not members of some other household and who will reside regularly in the household of the principal alien" (A-2 Visa) and which "may also include close relatives of the principal alien or spouse who are related by blood, marriage, oradoption who are not members of some other household; who will reside regularly in the household of the principal alien; and who are recognized asdependents by the sending government (A-3 Visa).[131]
The most common non-immigrant visa is the multiple-purpose B-1/B-2 visa, also known as the "visa for temporary visitors for business or pleasure." Visa applicants sometimes receive either a B-1 (temporary visitor for business) or a B-2 (temporary visitor for pleasure) visa, if their reason for travel is specific enough that the consular officer does not feel they qualify for combined B-1/B-2 status.[132]
Holders of B visas may also attend short non-credit courses. Nationals of Mexico are eligible forBorder Crossing Cards.[133]
From November 29, 2016, all holders ofChinese passports who also hold 10-year B visas are required to enroll in the Electronic Visa Update System (EVUS) before traveling to the United States. This requirement may be extended to other nationalities in the future.[134][135]
Effective January 24, 2020, B visas are not issued to individuals expected togive birth during their stay, unless they demonstrate that the primary purpose of their visit is not toobtain U.S. citizenship for the child. In addition, B visa applicantsseeking medical treatment in the United States must demonstrate their arrangements for the medical treatment and sufficiently establish their ability to pay for it.[136]
TheC-1 visa is a transit visa issued to individuals who are traveling in "immediate and continuous transit through the United States en-route to another country". The only reason to enter the United States must be for transit purposes.
A subtypeC-2 visa is issued to diplomats transiting to and from theHeadquarters of the United Nations and is limited to the vicinity ofNew York City. A subtype C-3 visa is issued to diplomats and their dependents transiting to and from their posted country.[137]
D visa is issued to crew members of sea-vessels and international airlines in the United States. This includes commercial airline pilots and flight attendants, captain, engineer, or deckhand of a sea vessel, service staff on a cruise ship and trainees on board a training vessel. Usually a combination of aC-1 visa and D visa is required.[138]
There are two types of D visa:D-1 visa for people departing on the same vessel andD-2 visa for people departing on a different vessel.
Treaty Trader (E-1 visa) and Treaty Investor (E-2 visa) visas are issued to citizens of countries that have signed treaties of commerce and navigation with the United States.[139]
They are issued to individuals working in businesses engaged in substantial international trade or to investors (and their employees) who have made a 'substantial investment' in a business in the United States.[140]
The variant visa issued only to citizens of Australia is theE-3 visa (E-3D visa is issued to spouse or child of E-3 visa holder and E-3R to a returning E-3 holder).[141]
These visas are issued for foreign students enrolled at accredited U.S. institutions.
F-1 visas are for full-time students, F2 visas are for spouses and children of F-1 visa holders and F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States.[142] They are managed through SEVIS.[143]
G visas are issued to diplomats, government officials, and employees who will work for international organizations in the United States. The international organization must be officially designated as such.[144]
TheG-1 visa is issued to permanent mission members; theG-2 visa is issued to representatives of a recognized government traveling temporarily to attend meetings of a designated international organization; theG-3 visa is issued to persons who represent a non-recognized government; theG-4 visa is for those who are taking up an appointment; and theG-5 visa is issued to personal employees ordomestic workers of G1–G4 visa holders.[145] G1–G4 visas are also issued to immediate family members of the principal visa holder, if they meet certain criteria.[145]
Officials who work for theNorth Atlantic Treaty Organization require a NATO visa.
TheNATO-1 visa is issued to permanent representatives of NATO and their staff members, NATO-2 visa is issued to a representative of member state to NATO or its subsidiary bodies, advisor or technical expert of the NATO delegation visiting the United States, a member of the NATO military forces component or a staff member of the NATO representative, NATO-3 visa is issued to official clerical staff accompanying the representative of a NATO member state, NATO-4 visa is issued to foreign national recognized as a NATO official, NATO-5 visa is issued to a foreign national recognized as a NATO expert and NATO-6 visa is issued to a member of the civilian component of the NATO. All NATO visas are issued to immediate family members as well. NATO-7 visas are issued to personal employees or domestic workers of a NATO-1 – NATO-6 visa holders.[145]
H visas are issued totemporary workers in the United States.
The discontinuedH-1A andH-1C visas existed during periods when the United States experienced a shortage ofnurses from 1989. The H-1A classification was created by the Nursing Relief Act of 1989 and ended in 1995.
The H-1C visa was created by the Nursing Relief for Disadvantaged Area Act of 1999 and expired in 2005. Currently nurses must apply for H-1B visas.[146]
The H-1B classification is for professional-level jobs that require a minimum of a bachelor's degree in a specific academic field. In addition, the employee must have the degree or the equivalence of such a degree through education and experience.
There is a required wage, which is at least equal to the wage paid by the employer to similarly qualified workers or aprevailing wage for such positions in the geographic regions where the jobs are located.
This visa also covers fashion models of distinguished merit and ability.[147][148] TheH-1B1 visa is the variant issued to citizens ofSingapore andChile.
The H-2A visa allows a foreign national entry into the United States for temporary or seasonalagricultural work for eligible employers under certain conditions (seasonal job, no available U.S. workers).[149]
The H-2B visa allows a foreign national entry into the United States for temporary or seasonal non-agricultural work for eligible employers under certain conditions (seasonal job, no available U.S. workers).[150]
The H-3 visa is available to those foreign nationals looking to "receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national's home country" or "participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities".[151]
H-4 visas are issued to immediate family members of H visa holders. In some cases, they are eligible for employment.[152]
TheI-1 visa is issued to representatives of the foreign media, including members of the press, radio, film, and print industries travelling to temporarily work in the United States in the profession.[153]
The J-1 visa is issued to participants of work-and study-based exchange visitor programs.[154]
The Exchange Visitor Program is carried out under the provisions of theFulbright-Hays Act of 1961, officially known as the Mutual Educational and Cultural Exchange Act of 1961 (Pub. L. 87–256, 75 Stat. 527). The purpose of the act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in theBureau of Educational and Cultural Affairs.
In carrying out the responsibilities of the Exchange Visitor Program, the department designates public and private entities to act as exchange sponsors. Spouses and dependents of J-1 exchange visitors are issued aJ-2 visa.[155]
Exchange visa categories are:
Exchange Visitor Pilot Programs exist for citizens of Australia,[170] Ireland,[171] New Zealand[172] and South Korea.[173]
A K-1 visa is a visa issued to thefiancé or fiancée of aUnited States citizen to enter the United States. A K-1 visa requires a foreigner tomarry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become alawful permanent resident of the United States (Green Card holder).[174]
A K-2 visa is issued to unmarried children under the age of 21. Foreign same-sex partners of United States citizens are currently recognized byUnited States Citizenship and Immigration Services (USCIS) and accordingly can be sponsored for K-1 visas and for permanent resident status.[175]
K-3/K-4 visas are issued to foreign spouses and children of U.S. citizens.[176]
The L-1 classification is for international transferees who have worked for a related organization abroad for at least one continuous year in the past three years and who will be coming to the United States to work in an executive or managerial (L-1A) or specialized knowledge capacity (L-1B).[177][178][179]TheL-2 visa is issued to dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders.
The M-1 visa is a type of student visa reserved forvocational and technical schools.
Students in M-1 status may not work on or off campus while studying, and they may not change their status to F-1. The M-2 visa permits the spouse and minor children of an M-1 vocational student to accompany him or her to the United States.[142]
The O visa is a classification of non-immigranttemporary worker visa granted to analien "who possesses extraordinary ability in thesciences,arts,education,business, orathletics (O-1A visa), or who has a demonstrated record of extraordinary achievement in themotion picture ortelevision industry and has been recognized nationally or internationally for those achievements," (O-1B visa) and to certain assistants (O-2 visa) and immediate family members of such aliens (O-3 visa).[180]
P visas are issued to individuals or team athletes, or member of an entertainment group including persons providing essential support services (P-1 visa), artists or entertainers (individual or group) under a reciprocal exchange program (P-2 visa) and artists or entertainers (individual or group) visiting to perform, teach or coach under a program that is culturally unique (P-3 Visa).[181]
P-4 visas are issued to spouses, or children under the age of 21, of a P-1, P-2, or P-3 alien and who is accompanying, or following to join.
The Q visa is issued to participants in an international cultural exchange program.[181]
TheR-1 visa is issued to temporary religious workers. They must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years.[182] R-2 visa is issued to dependent family members.[183]
S visas are nonimmigrant visas issued to individuals who have assisted law enforcement as a witness or informant. There is a limit of 200 S visas a year.[184]
A law enforcement agency can then submit an application for resident alien status, i.e. agreen card on behalf of the witness or informant once the individual has completed the terms and conditions of his or her S visa.[185]
NAFTA Professional (TN) visa allows citizens of Canada and Mexico whose profession is on the NAFTA list[186] and who must hold a bachelor's degree to work in the United States on a prearranged job. Canadian citizens usually do not need a visa to work under the TN status (unless they live outside Canada with non-Canadian family members) while Mexican citizens require a TN visa.
Spouse and dependent children of a TN professional can be admitted into the United States in the TD status.[187]
TheT-1 visa is issued to victims of severe forms of human trafficking.
Holders may adjust their status to permanent resident status.[188]
Subtypes of this visa are T-2 (issued to spouses of T-1), T-3 (issued to children of T-1), T-4 (issued to parents of T-1 under the age of 21), and T-5 (issued to unmarried siblings under the age of 18 of T-1 who is under 21).
TheU-1 visa is a nonimmigrant visa which is set aside for victims ofcrimes (and their immediate family members) who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.[189]
Subtypes of this visa are U-2 issued to spouses of U-1, U-3 issued to children of U-1, U-4 issued to parents of U-1 under the age of 21 and U-5 issued to unmarried siblings under the age of 18 of U-1 who is under 21.
The V visa was a temporary visa available to spouses and minor children (unmarried, under 21) ofU.S.lawful permanent residents (LPR, also known asgreen card holders).
It allowed permanent residents to achieve family unity with their spouses and children while the immigration process takes its course. It was created by the Legal Immigration Family Equity Act of 2000.[190]
The Act is to relieve those who applied for immigrant visas on or before December 21, 2000. Practically, the V visa is currently not available to spouses and minor children of LPRs who have applied after December 21, 2000.[191]
The concept of thedual intent visa is to grant legal status to certain types of visa applicants when they are in the process of applying for a visa with the intent to obtain a permanent residency/green card. Generally, nonimmigrant visas require the applicant to show they plan to return to their home country after their stay.
There are a certain number of U.S. visa categories that grant permission for dual intent, or to get a temporary visa status while having an intention to get a green card and stay permanently in theUnited States of America.[citation needed]
| Symbol | Description |
|---|---|
| Culture Workers, Artists and Entertainers | |
| P-1 | Athletes or members of team who take part in certain athletic competition for the purpose of entertainment |
| P-2 | Entertainers and artists who visit the United States under a mutual exchange program between the U.S. and other organizations and their supporters (service workers or individuals) |
| P-3 | Artists, individuals and service workers who come to the U.S. with the objective to teach, coach, develop and interpret traditional and cultural performances |
| P-4 | Dependents of individuals who hold P-2 and P-3 visas |
| O-1A | Individuals who have unique talents or outstanding accomplishments in the spheres of education, business, science and mathematics |
| O-1B | Individuals who have unique talents or outstanding accomplishments in the spheres of education, business, science and mathematics |
| O-2 (A&B) | Individuals who provide O-1 holders with essential assistance |
| O-3 | Dependents of individuals who hold O-1 and O-2 visas |
| Athletes | |
| H-1B | Professional athletes, coaches and coaching staff |
| P-1 | Athletes with a high level of international performance and their supporters |
| O-1A | Individuals with unique talents and abilities in the field of sports |
| Entrepreneurs and Business Individuals | |
| H-1B | Individuals who have a high level of professional knowledge in a particular niche |
| L-1 | Such qualified employers/intracompany transferees as executives, managers and specialty workers |
| E-2 | Citizens of Treaty Countries[139] who have an intention to invest in an American company |
| E-3 | Australian citizens specializing in certain occupation who intend to start a niche-related business within the U.S. |
| O-1A | Individuals with outstanding talents and achievements that are internationally recognised |
| Family Members of LPRs | |
| V | Individuals with family members who have the LPR (Lawful Permanent Resident) status, live in the United States and have filed theForm I-130 before December 21, 2000 |
| Fiancé(e)s and Spouses of United States Citizens | |
| K-1 | Foreign fiancé(e)s who are going to enter the United States with an intention to marry an American citizen |
| K-2 | Individuals who are dependents of K-1 visa holders |
| K-3 | Individuals who have already married U.S. citizens abroad and now have a right to enter the U.S. |
| H-4 | Individuals who are dependents of H-1B visa holders. Department of State says that "H-4 spouses and child derivatives of H-1B1, H-2, and H3 applicants are subject to the foreign residence requirement."[192] |
| Intra-Company Transferees | |
| L-1A | Managers and executives who are transported to an office in the United States in order to carry out certain supervisory duties |
| L-1B | Individuals who have profound knowledge in company's inner processes, services and systems who are transported to an office in the United States |
| L-2 | Individuals who are dependents of L-1 visa holders |
| Doctors and Physicians | |
| H-1B | Foreign medical practitioners who have an appropriate degree and a license in their sphere and have completed the FLEX licensing examination |
| O-1A | Foreign medical practitioners with outstanding skills in the medical niche |
| E-2 | Foreign medical practitioners who have an intention to invest in an American enterprise |
| Professional and Priority Workers | |
| H-1B | Foreign citizens with a specialty occupation who have a sponsorship from an employer based in the United States |
| E-2 | Treaty investors who are eligible to work in the United States for an American business if they invest more thanUS$100,000 and if they are citizens of Treaty Countries |
| E-3 | Australian citizens who have a sponsorship from an employer based in the United States |
| Software Engineers and Programmers | |
| H-1B | Foreign citizens who have deep knowledge in the computer sphere and can provide strong evidence of their skills |
| L-1 | Foreign citizens who hold the position of executive or manager in software companies and have to be transported to a branch based in the United States |
| E-1/E-2 | Foreign citizens from Treaty Countries who possess unique IT skills |
| O-1A | Foreign citizens who have outstanding knowledge in computer science and software development |
| Temporary Workers | |
| H-1B | Foreign citizens who are currently/expired nurses by occupation and who are going to come to the United States under the Nursing Relief Act |
| H-1B | Foreign citizens who specialize in spheres that are important for employers who are based in the United States |
| H-4 | Individuals who are dependents of H-1B visa holders and applicants. Department of State says that "H-4 spouses and child derivatives of H-1B1, H-2, and H3 applicants are subject to the foreign residence requirement."[192] |
| Treaty Traders and Investors | |
| E-1 | Individuals who are officially investors and who are citizens of E-1 Treaty Countries[citation needed] |
| E-2 | Foreign citizens who are going to work or travel and who have made an investment in the United States economy that they can control |
| Scientists, Professors, Scholars and Researchers | |
| O-1A | Scholars and professors who show outstanding accomplishments in science |
| O-2 (A&B) | Accompanying individuals of O-1A visa holders or applicants whose help is indispensable to certain scientific researches |
| O-3 | Individuals who are dependents O-1/O-2 visa holders |
| H-1B | Scientific researchers who will be employed by certain academic institutions in the United States |
Most visas are named after the paragraph of theCode of Federal Regulations that established the visa.[193]
The State Department'sBureau of Consular Affairs began developing and trialling anelectronic visa system envisioned to eventually replace traditional sticker visas on passports. In 2023, this was trialled withK-1 visas issued at theEmbassy of the United States, Dublin,Ireland.[194]
As this will only apply to individuals requiring a visa, this is different to the establishedESTA system forvisa-waived nationals.
Section 221(g) of the Immigration and Nationality Act defined several classes of aliens ineligible to receive visas.
Grounds for denial may include, but are not limited to:
Section 214(b) of the Immigration and Nationality Act (also cited as 8 United States Code § 1184(b))[195] states that most aliens must be presumed to be intending to remain in the U.S., until and unless they are able to show that they are entitled to non-immigrant status. This means there are two sides to a 214(b) denial. Denials occur when applicants do not convince the consular officer of their intent to stay in the U.S. temporarily, or were qualified for the visa.
An example of a denial based upon the first ground would be an applicant for an F-1 student visa who the consular officer felt was secretly intending to remain in the U.S. permanently.
An example of a denial based upon the second ground would be an H-1B applicant who couldn't prove he possessed the equivalent of a U.S. bachelor's degree in a specialty field—such an equivalency being a requirement for obtaining an H-1B visa.
In order to thereafter obtain a visa applicants are recommended to objectively evaluate their situation, see in what way they fell short of the visa requirements, and then reapply.[196]
In rare cases, Section 212(d)(3) of the Immigration and Nationality Act allows for the temporary entry of certain aliens who would otherwise be prohibited from entering the United States.
The person applies for a Hranka waiver and pays the filing fee. When deciding whether to approve the waiver, theBoard of Immigration Appeals considers whether there would be harm to society if the applicant were admitted to the United States, the seriousness of the applicant's prior violations, and the nature of the applicant's reasons for wishing to enter the United States.
If approved for a Hranka waiver, the applicant would need to have this documentation when requesting entry to the United States.[197]
There are cases when a U.S. visa has been granted to aliens who were technically ineligible.
Japanese mafia (yakuza) leaderTadamasa Goto and three others were issued visas for travel between 2000 and 2004 to undergoliver transplant surgery atUCLA Medical Center.[198] TheFBI had aided the men in the visa application process hoping that they wouldprovide information regarding yakuza activities in the U.S.[198]
In 2005, Indian Prime MinisterNarendra Modi (then Chief Minister of Gujarat) was denied adiplomatic visa to the United States. TheB-1/B-2 visa that had previously been granted to him was also revoked, under a section of theImmigration and Nationality Act which makes any foreign government official who was responsible or "directly carried out, at any time, particularly severe violations of religious freedom" ineligible for the visa (the violations of religious freedom in question being the2002 Gujarat riots).[199] Modi is the only person ever denied a visa to the U.S. under this provision.[200] In 2014, after Modi'sBJP political party won the2014 Indian general election, U.S. PresidentBarack Obama ended the visa issue by calling Modi to congratulate him on his victory, and invited him to the White House. On June 8, 2016, Modi addressed a joint meeting of the U.S. Congress.[201]
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