Ultimate Guide to Temporary Visas

Anyone from another country who wants to enter the United States needs a visa to do so. (There is an exception for Visa Waiver Program users – see below).

There are two broad categories of visas. The first is the one major long-term visa: the permanent residence visa, or “green card.” A permanent residence visa holder has nearly all the same privileges and responsibilities as a citizen. Their green card will last the rest of their lives, and they can come and go freely from the United States. There are only a few ways they can lose their permanent residence: abandoning it by living outside the United States; committing a specified crime; becoming an addict; accepting government financial support (e.g., welfare), etc.

The rest of the visas are all temporary visas. Once it is granted, the temporary visa permits the holder of the visa to enter the United States for a specified activity, such as: studying; working; traveling; participating in a foreign exchange program; medical treatment; investing; and more.

Temporary visas can be used until the time limit for the visa expires, and the person must return to their home country. Each type of visa has a different length of time that the visa will last.

There are nineteen different categories of temporary visas. Each type of visa relates to a specific purpose, and most visa categories have options to choose from (e.g., B-1 and B-2; H-1A, H-1B, H-1C, H-2, H-2A, and H-3). Choosing the right one for you can be daunting, and the help of an immigration lawyer is quite valuable.

Types of Temporary Visas

The following are the most popular classifications of temporary visas:

• B – Business and Pleasure: This is the most common type of visa issued. B-1 visas are for business visitors, and B-2 visas are for travelers for pleasure, medical treatment, and sometimes for family members accompanying another temporary visa holder. These are temporary visas, typically valid for one year and renewable in six-month periods.
• E – Treaty Traders and Investors: Treaty trader (E-1) and treaty investor (E-2) visas are for supervisors and executives who work for a company in a country where the U.S. maintains commerce and navigation treaties. E-visitors come to oversee investment in the U.S. economy or to conduct international trade. E visas are typically granted for 2-5 years.
• F – Students: Student F-1 visas are generally intended for students seeking to attend universities, colleges, or high schools. (Students seeking a visa to attend vocational programs require an M-1 visa instead.) Student visas are granted for as long as the academic program takes to complete, plus one year if there is practical training.
• H – Temporary Workers: Temporary worker H-1B visas are issued to those who are engaged in a professional-level occupation for which: (1) there is an inadequate number of American workers available, (2) they have a college degree or higher, and (3) they have an employer who is willing to sponsor them for a visa. Those engaged in temporary or seasonal agricultural work may apply for an H-2A visa. An H-2B visa is for a non-agricultural worker who is here for a temporary period. A trainee or special education visitor may acquire an H-3 visa.
• J – Exchange Visitors: These are given to people coming to the U.S. as approved participants in exchange visitor programs in the U.S., including au pairs, camp counselors, interns, and research scholars.
• L – Executive or Manager Transferees
• O – Aliens with Extraordinary Abilities: These visas are given to people with extraordinary ability or achievement in the sciences, arts, education, business, or athletics or extraordinarily recognized achievements in the motion picture and television fields.
• P – Entertainers: The P status for temporary visas covers performers who are athletes, entertainers, or artists such as musicians or those performing under a reciprocal exchange program between an organization in the U.S. and another in another country.
• Q – Cultural Exchange Program Participants: Cultural exchange program participants participate in practical training and employment and share the history, culture, and traditions of their home country through an international cultural exchange program.
• TN – NAFTA Professionals: This visa allows citizens of Canada and Mexico, as professionals of NAFTA, to work in the U.S. on prearranged business activities for both U.S. and foreign employers. There are different requirements for Canadian and Mexican citizens.

Here are more temporary visa categories. These are less common and are typically awarded not to the general public but rather to people who are in the United States to fulfill a very specific purpose:

• A – Diplomatic Official
• C – Aliens in Transit (people who are traveling in immediate and continuous transit through the United States en route to another country)
• D – Sea Vessel and Airline Crew MembersG – International Organization Representatives:
• G visas are provided to diplomats, government officials, and employees who will work for international organizations in the United States.
• I – Foreign Media Representatives
• V – Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR): This visa allows for family members to be in the U.S. with their LPR spouse or parents while waiting to complete their immigration process
• R – Religious Workers
• T – Victims of Human Trafficking
• U – Victim of Criminal Activity

As mentioned, there is one category of a visitor who does not need a visa. The Visa Waiver Program (VWP) is a program that allows nationals of certain countries to enter the United States without a visa. This program was intended to encourage tourism and eliminate certain barriers to international travel. Any country that participates must also allow people from other participatory countries to enter without a visa.

Only nationals of specific participating countries are permitted to apply for the program. They are only permitted to stay for 90 days and cannot extend their stay.

Countries that qualify include Australia, Belgium, the Czech Republic, Finland, France, Germany, Greece, Japan, Norway, Portugal, Singapore, South Korea, Switzerland, and the United Kingdom – plus many others.

What Are the Steps to Get a Temporary Visa?

An individual is required to:

1. Fill out a United States nonimmigrant visa application form;
2. Prepare documents, including:
   • An itinerary
   • Financial documents
   • Proof of ties to the applicant’s home country
   • Evidence to support the particular visa category. For example, if the application is for an L visa, there must be an organizational chart, special letters from the sending and the receiving offices, proof of the applicant’s work history and salary, etc.
   • Possess a passport with an expiration date at least 6 months later than the intended visit to the U.S.
   • Evidence that the applicant will return to their home country, which may include a long-term apartment lease or a written letter from the applicant’s employer stating their job will be available upon their return
   • Proof of the applicant’s ability to cover their expenses while visiting the United States, which may include bank statements or pay stubs.
3. Pay the necessary fees
4. Visit the nearest United States consulate or embassy for a personal interview

Denial of a Temporary Visa Application

Certain grounds permit the U.S. to deny the issuance of a temporary visa. People known to be drug abusers or addicts, drug or human or weapons traffickers, spies, and terrorists, as well as people who are likely to become dependent on government services, are inadmissible and will not be issued a temporary visa.

Other grounds for inadmissibility include possessing an infectious disease such as tuberculosis, a mental or physical disorder that may lead them to cause harm to themselves or others, and a lack of proper vaccinations. People who have committed crimes of moral turpitude, violate immigration laws, engaged in prostitution, or possess multiple criminal convictions are also included in this inadmissible list.

Do I Need an Attorney to Get a Temporary Visa?

There are many temporary visa categories with specific requirements and limitations. Additionally, navigating the immigration process alone can be daunting. An immigration lawyer can assist you through the complex road of immigration and visa issuance and find the temporary visa best suited for you.