Immigrant & Non-Immigrant Visas

Non-immigrants, unlike immigrants, enter the U.S. for a temporary period, and are in the U.S. for a specific reason. The more common non-immigrant visas include:

1. Students (F-1)
2. Visitors (B-1 & B-2)
3. Temporary Workers (H-1b, H-2a, H-2b, H-3, O)

Family members can also apply for the specific non-immigrant category.

Immigrant visas allow an individual to reside in the U.S. permanently. There are two major types of immigrant visas: Employment or Relative-Based.

Factors to be assessed include:

• Education level of the individual
• Job offer from a US Employer
• Proof that no US workers are eligible for the position (Recruitment)
• Possibility to waive the above “Requirement for Recruitment”
• Eligibility for adjustment of status to Permanent Resident
• Criminal Record

Factors to be assessed include:

• Individual’s familial relationship (spouse, parent, sibling or child)
• Eligibility for adjustment of status to Permanent Resident vs. needing to leave the US for the immigrant visa interview
• Public charge issue
• Criminal Record

There is always an analysis to judge whether an individual is eligible to adjust their status to permanent residence in the U.S. or, is it necessary to apply for an immigrant visa at the U.S. Consulate in their own country. This is determined on a case by case basis.