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Temporary Visas

A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration Process
(5th Edition)

Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration Attorney

January 2000

TEMPORARY VISAS

The U.S. immigration system is divided into two groups, nonimmigrant and immigrant. Nonimmigrant categories are for individuals who wish to come to the U.S. for a temporary stay, for vacation, to attend school, or for temporary employment. Immigrant categories are for those who wish to live permanently in the U.S.

This chapter covers temporary or nonimmigrant visa categories. It first explains each nonimmigrant classification, then describes processing procedures, and the documents that are required in order to apply for these visas. The reference chart at the end of the chapter lists all of the nonimmigrant visas, and indicates to whom they apply.

CATEGORIES OF TEMPORARY OR NONIMMIGRANT VISAS

Nonimmigrant visas are issued to individuals who wish to enter the United States for a temporary period of time ranging from one day to several years. In most cases, an individual must establish that he or she has a residence in his home country that will not be abandoned. Some people may be eligible for many different types of visas, while others may not qualify at all. There is a long list of reasons why certain individuals cannot be admitted into the U.S. Examples of such reasons are certain mental or physical disorders, criminal convictions, drug or alcohol addiction, prostitution, etc. Waivers are available in some cases. Further information should be obtained from a knowledgeable professional.

A-1, A-2, A-3. Foreign Government Officials

"A" visas are granted to foreign government officials, their families and servants. This includes ambassadors, public ministers, diplomats or consular officers who are assigned to represent their country in the U.S. The processing of these visas is usually handled directly by the sponsoring organization.

B-1. Temporary Business Visitor

B-1 visas are granted to foreign business people coming to the U.S. for their foreign employer. They are also issued to self-employed individuals who need to conduct business, such as attending meetings or conferences, meeting customers, or negotiating contracts. The alien must continue to be paid by the foreign employer, and must maintain a residence abroad that he or she has no intention of abandoning. The B-1 visa holder cannot be employed in the United States or earn money directly from U.S. sources.

In some countries the American Consulate will issue a multiple entry B-1 visa so that the alien may enter the U.S several times using the same visa. In other countries, only a single entry visa will be issued. The validity date of the visa will vary depending upon the country in which the visa is issued. Upon entry into the U.S., the B-1 visitor is usually admitted for the length of time need to complete the purpose of the trip, generally for three months, but not exceeding six months.

The visa application is made to the appropriate American Consulate abroad. It consists of:

  1. Optional Form- 156 Nonimmigrant Visa Application, which can be obtained at the American Consulate
  2.  Passport photograph
  3.  Letter from the foreign employer explaining the reason for the visit to the United States
  4.  Valid passport or travel document.

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