A non-immigrant visa, also referred to as a temporary visa or a visitor visa, is a type of visa which is issued to a foreign-born national who intends to remain in the U.S. for a finite period of time. A foreign-born national who desires to apply for a non-immigrant visa is required to provide a valid reason for why they require a non-immigrant visa.
The individual seeking a non-immigrant visa is also required to show that they have no intention to permanently stay, work, or live in the United States. If an individual intends to apply for a non-immigration visa, it is important for them to keep in mind that not everyone who applies for a non-immigrant visa will receive one.
For example, an applicant may not be eligible to receive a non-immigrant visa for a specific reason or they simply may not be enough available for that year. In addition, the number of non-immigrant visas which are granted each year may be subject to change on a yearly or regular basis.
In addition, the number of non-immigrant visas which are issued may depend upon the applicant’s country of origin. For example, the number of non-immigrant visas which are issued in a year to citizens or residents from a certain country will determine the number of non-immigrant visas which are granted the following year.
In other words, the number of non-immigrant visas which are issued to individuals from a specific country may vary from year to year. Therefore, if an individual wishes to apply for a non-immigration visa or if they are experiencing problems with their application, it may be in their best interests to contact a local immigration lawyer for legal guidance.
An attorney can assist with the general application process. In addition, an attorney may be able to recommend different options which are better suited to an individual’s circumstances.
What Are the Main Non-Immigrant Visa Categories?
The two main categories which individuals typically associate with non-immigrant visas are visas for individuals who are applying for a non-immigrant visa as a non-immigrant worker or as a non-immigrant exchange student. These two categories account for the majority of non-immigrant applications which are filed to secure non-immigrant visas each year.
There are also two main categories for which the largest number of non-immigrant visas are issued. Whether or not a foreign-born national will be eligible to receive a non-immigrant visa will depend on the circumstances of each individual’s application.
In addition, the requirements and eligibility factors will vary based on the type of application that the foreign-born national is filing. For example, an application for an exchange student will provide different instructions than those who are applying as a nonimmigrant worker.
In general, however, non-immigrant workers and/or non-immigrant exchange students are required to be sponsored by their employer or an educational institution. Their sponsor will then be required to file a petition on behalf of the applicant prior to being considered eligible to receive a temporary non-immigrant visa.
It is important to note that the petition process includes a filing fee. The basic filing fee for filing a Form I-129, or Petition for a Nonimmigrant Worker, is $460. Any other necessary instructions and important information may be found by visiting the United States Citizenship and Immigration Services (USCIS) website.
The website also provides the requirements to apply for non-immigration visas as a non-immigrant exchange student. In the alternative, individuals who want to file an application for a non-immigration visa online can visit the United States Department of State (DOS) website and search for Form DS-160, the Online Nonimmigrant Visa Application.
When is an Extension Available for a Non-Immigrant Status Visa?
If an individual is classified as having non-immigrant status, it may be possible for them to extend their stay in the United States. The individual is required to file for a visa extension with the USCIS.
An individual should file for an extension of stay as early as they possibly can, preferably 45 days prior to the expiration of their visa. Information regarding the length of an individual’s stay and the expiration date for their visa can be found on Form I-94, Arrival/Departure documentation, which they received when they entered the country.
An individual should be sure to follow the provided guidelines to ensure that their passport is valid for the duration of their stay.
Who is Eligible for an Extension of Stay?
In order for an individual to be eligible for a visa extension, they must meet the following requirements:
- Their admittance into the U.S. with a non-immigrant visa was lawful;
- Their non-immigrant visa status is currently valid;
- They did not commit any crimes that would disqualify them for an extension;
- Application for extension must occur before the individual’s stay expires; and
- The individual has a valid passport for the entire stay in the United States.
It is important to note that extensions are not available for the following categories of visas:
- Visa Waiver Program (VWP);
- D- Crewman status;
- C- Alien in transit or In transit without a visa;
- K- As a fiancé or spouse of a U.S. citizen, or dependent of a fiancé/spouse; and
- S- Informant regarding terrorism or organized crime.
What if My Application for a Visa Extension is Late or My Stay has Already Expired?
An individual should do their best to file for a visa extension at least 45 days prior to the expiration of their stay. If their application is filed late, it may still be accepted if the individual can show:
- The delay was the result of extraordinary circumstances outside their control;
- The length of delay was reasonable;
- The individual did not act in violation of their non-immigrant status;
- The individual is currently still a non-immigrant and are not filing for permanent residence; and
- The individual is not involved in any formal removal proceedings from the United States.
If an individual’s application is denied, it may be possible to appeal their application under certain circumstances. An individual can inquire with the USCIS or an attorney regarding possible available resources.
An individual may also have other alternatives available, such as filing for permanent status instead of filing for an extension or reapplying for the visa after a one year waiting period.
What is Visa Revalidation? Is This the Same as a Visa Extension?
There are some categories of visas which may be eligible for visa revalidation. Visa revalidation is different from visa extension.
A visa revalidation is essentially a process for reinstating a visa when a non-immigrant desires to travel outside of the United States for a short period of time. Visa revalidations allow certain non-immigrants to re-enter the United States following a trip to Canada or Mexico without first being required to obtain an entirely new visa.
The trip is required to be 30 days or less in duration. There are only certain non-immigrant categories which qualify for revalidation and only under certain circumstances.
Do I Need a Lawyer for Non-Immigrant Visa Extensions?
It is essential to consult with an immigration lawyer for any issues, questions, or concerns you have related to a non-immigrant visa extension. Extending a visa is a very important part of your stay in the United States.
If you fail to follow the necessary application requirements, your application may be denied. Your attorney can help you determine if you are eligible for a visa extension, assist you with completing any forms, and advise you of the laws which govern your non-immigrant status visa.
