The United States of America has the highest immigrant population in the world at 50.6 million as of mid-2020, according to the Word Population Review. Out of this population, the Indian population bags the third position.
Do you want to migrate to the US?
If you plan to travel to the US, you need two things: a passport and a visa.
You can find all about different types of visas on plenty of sites. But I have simplified it for you so you can easily find what you need at a glance.
Let us dive in!
What is a visa?
Visa is an endorsement or a stamp on your passport that permits you to legally enter a country and stay for a prescribed amount of time.
It is like a ticket to the movies but more. Every visa comes with a set of rights and rules for the bearer.
Visas are classified into different categories and named subcategories based on the purpose of travel. The broadest categories are:
- Non-immigrant visa: It allows the bearer to enter and reside in the country temporarily for a specific period of time.
- Immigrant visa: It allows the bearer to reside in the country permanently,
The Directory of Visa Categories lists the different types of visas the US offers. But I will give a quick overview of the visas in this article.
Non-immigrant visas are classified into different sub-categories based on the function and purpose of travel.
Types of Non-immigrant visas.
There are visas from A to Z across various categories. I will discuss the most common ones here.
1. Visitor Visa
A visitor visa is provided for applicants planning a visit to the USA who are not a part of the Visa waiver program. Visitors can be of two types.
- Visitors for business purposes – B-1 Visa. Business purpose includes attending conventions, consorting with business associates, negotiating a contract, and settling an estate.
- Visitors for private or tourist purposes – B-2 Visa. This includes visits for medical treatments, vacations, visits to friends or family, or to attend social events.
Both visas are valid for up to 10 years after they are issued. However, they allow the bearer to stay for up to 180 days at a time(per entry).
- Fiance of a US citizen – K Visa. This visa is given to a fiance/fiancee of a US citizen on the condition that he or she gets married within 90 days of arrival in the United States.
2. Student/Internship/Exchange Visitor Visa
If you are a student looking for study opportunities in the US, you may need one of the following visas.
- A student who has been accepted to study in an American college or university must apply for an F-1 visa. This is for full-time international students pursuing academic studies. Dependents of F-1 visa holders need to apply for F-2 visas.
- People participating in cultural and educational exchange programs offered by the US Department of State, whether for training or internship purposes, need a J-1 visa. They may be teachers, professors, trainees, research scholars, or students approved to participate in work or study-based exchange programs.
If there is an opportunity for a student of J-visa to remain in the US after completing their studies, they must first go back to their country of origin for two years. This is to prevent brain drain. They must share the knowledge gained during the exchange program with their country of origin before they return to the US.
- Students pursuing non-academic vocational training are offered the M-1 Visa.
- People participating in cultural and employment exchange programs get a Q-1 visa. You may be here to provide training and jobs and share the history, culture, and tradition of your home country with the US. They are opportunities offered by the US Citizenship and Immigration Services (USCIS).
3. Employment Visa
This visa is offered for temporary employment in the US, depending on the type of work. The USCIS has first to approve Form I-129, which is the petition for a Non-Immigrant Worker filed by the employer on behalf of the applicant. The employer then gets a Form I-797 which is a notification that the petition for the visa has been approved. The applicant can then apply for H, L, O, or P visa. Let us see what each of these letters represents.
- Special Occupation – H1-B Visa: The applicant needs to have a Bachelor’s degree in a particular subject as a specialization. The USCIS determines whether you are qualified as a specialist and whether your work qualifies as a specialized occupation.
- Trainee of an employer – H-3 Visa. If you are traveling to the US to receive any training from an employer, you need this visa. The training can be for up to two years. This visa cannot be used for employment.
- Dependents of H – H-4 Visa. Unmarried children under the age of 21 and spouses are considered as dependents for this visa, and they can accompany the H visa holders to the US with a H-4 Visa.
- Intra Company transferees – L-1 Visa. If you are an employee of a multinational company and you are being transferred to the parent branch, an affiliate of the company, or a subsidiary of the company, you need this visa. You need to be in a managerial or executive position having specialized knowledge to hold a position in a US company to qualify for this visa.
- Dependents of L Visa holders – L-2 Visa. Unmarried children under the age of 21 and spouses are considered dependents for this visa, and they can accompany the L visa holders to the US with an L-2 Visa.
- Persons with extraordinary abilities in science, education, arts, business, or athletics or extraordinary achievement in motion picture and television production are eligible for O Visa.
- Athletes, entertainers, and essential support personnel who travel to the US to perform are offered the P Visa.
- International ship or aircraft crew members are offered a combination of a C-1/D visa. A c visa is for transit through the United States to other countries, and a D visa is for a crew serving in an aircraft or ship.
- Religious workers who are working in recognized religious institutions are offered R-Visa to work in a religious capacity in the US temporarily.
4. Humanitarian Visa
This visa is given to persons in a vulnerable position.
- Alien Witness/Informant: S-Visa
By Submitting an I-854 form, an individual can apply to remain in or travel to the US during the prosecution or investigation of a crime.
- Victims of Human Trafficking: T-Visa
Victims of human trafficking who have agreed to assist law enforcement in investigating and prosecuting the crime are granted this visa. They must also be able to provide evidence that they are victims.
- Victims of abuse: U-Visa
Victims of certain crimes who have suffered mental/physical abuse and are helpful to law enforcement can apply for this visa. A joint application is made by the victim and the agency helping them out. They must prove they are victims and agree to testify against the perpetrator. They must also be able to prove that the crimes took place in the US and violated federal laws.
- To keep family Together: V-Visa
A V-visa is granted to family members of applicants for immigrant visas to keep them together until the processing is complete.
Types of Immigrant Visas
You would be more familiar with the word Green Card than an Immigrant Visa. Immigrant visas grant permanent residents to applicants.
You can apply for permanent residency in various ways:
- Employment-sponsored Immigration
- Family-sponsored Immigration
- Lottery/Diversity Visa Program
- Asylum & Refuge
- Juvenile Status
Employment-based Immigration
- Priority workers are eligible for EB-1 Visa – First Priority workers
This visa is for
- Employees demonstrating exceptional abilities in the field of science, arts, education, business, or athletics. Their achievements must be internationally recognized to be eligible for an EB-1 visa.
- Professors and researchers who have received international recognition for their contributions in their respective fields. They must have worked for at least three years in their areas and must prove that they are moving to the US to continue advancing their work in research or teaching at a university.
- Multinational managers or executives of an international branch of a US company. They must have worked here for at least a year in the past three years. Their position must match or be higher than their one in the foreign country when they move to the US.
- People with Advanced Degrees or Exceptional Abilities – EB-2 Visa – Second priority workers.
- The professionals with exceptional abilities in arts, science, or business, and
- Persons with a Bachelor’s degree and five years of work experience in their professions or who have an advanced degree beyond their Bachelor’s degree are included in this category.
- Skilled Workers, Professionals, and Other Workers get EB-3 Visa/EW-3 Visa – Third-priority workers.
Includes:
- Persons who are skilled workers having at least two years of experience or training in their professions and who are not seasonal or temporary
- To work, people need at least a Bachelor’s degree or US equivalent.
- EW-3 visa is for those who are unskilled workers who do not need at least two years of work experience or training in a particular position.
- Special Immigrants, including Religious Workers, get an EB-4 Visa.
The different persons eligible for EB-4 Visa are
- Broadcasters in the US
- Ministers of Religion
- Certain Employees or former employees of the US Government abroad.
- Certain former employees of the Panama Canal Zone
- Iraqi and Afghan Interpreters
- Iraqi and Afghan Nationals
- Foreign Medical Graduates
- Certain retired International Organization employees, their surviving spouses, and their unmarried sons and daughters
- Special Immigrant Juveniles
- Persons recruited in the US armed forces outside of the US.
- Those participating in Immigration Investor Program for employment creation can get an EB-5 Visa.
Investors, their spouses, and their unmarried children under 21 years of age are eligible for Green Cards if they:
- Invest in a commercial enterprise in the US.
- Plan to create or preserve ten permanent full-time jobs for qualified US workers in targeted employment areas (rural areas and areas of high employment).
Family & Self-Sponsored Immigration
- First-Preference (F1): Unmarried sons and daughters of US citizens.
- Second Preference (F2): Spouses, children, unmarried sons and daughters of permanent residents.
- Third Preference (F3): Married sons and daughters of Us citizens
- Fourth Preference (F4): Brothers and sisters of US citizens.
- Violence Against Women Act (VAWA): Spouses and children of US citizens or legal permanent residents who are victims of domestic violence can self-petition for permanent residency.
Asylum & Refuge
According to the UN Convention & Protocol relating to the status of Refugees, governments may grant refugee status to:
- someone who refuses to avail protection of their own country, or
- those who are outside their country of habitual residence are not willing to return to it,
due to fear of persecution based on reasons of race, religion, membership in a particular social group, or political opinion.
Difference between Refugee and Asylee
A refugee in the US seeks protection while overseas and enters the US, and an asylee seeks protection while he is in the US or at the port of entry of the US.
But in both cases, the reason for seeking protection roots in a common cause.
Lottery/Diversity Program
People who are in the United States on a temporary visa program can get a green card by applying to the lottery program. It is called a lottery because 50,000 people are randomly selected from the number of applications they receive each year.
Special Immigrant Juvenile Status
A minor who is declared dependent on a juvenile court in the US or placed in the custody of an agency or department of the State due to long-term abuse, neglect, or abandonment can be granted a special immigrant juvenile status.
Wrapping up
These are the different types of immigrant and non-immigrant visas issued by the United States of America based on different functions and purposes.
It should make your job easy to decide which visa you need to travel to the US.
Have I missed out on any visa types? Let me know in the comments.