Information on Where Visas are Issued

Visas are issued at American consulates in other countries. They may be issued as the result of an application made to the Bureau of Citizenship and Immigration Services in the United States by a relative or employer; or as the result of an application made to the consulate itself by the individual seeking the visa. For many of the nonimmigrant visas, immediate family members will qualify for a "derivative" visa, based on their relationship to the primary visa holder. However, each family member must apply for and be granted the derivative visa on his/her own; she or he may not enter the United States based on the visa in the family member's passport. A nonimmigrant visa may be issued for a very brief period of a few weeks, to coincide with the applicant's travel plans, or for many years, depending on the type of visa. Although a visa may be valid for several years and may be used for repeated admissions, the visa itself does not guarantee admission to the United States. It is necessary to apply for admission each time that you want to enter the country. A visa that is valid for a shorter period of time may specify that it is valid for only one admission.

It is important to remember that a visa itself does not guarantee admission to the United States. Every time an individual arrives for inspection and admission - that is, arrives at the border of the United States - it is possible that the admission will be refused. Admission may be refused on any of a number of grounds, but the most likely reason is that, although the individual seeks admission as a nonimmigrant, the inspecting officer believes that the individual intends to remain in the United States permanently.

It is also important to distinguish between the length of validity of the visa and the length of the authorized stay in the United States - they are different. A visa is a ticket into the United States, which is presented when the visa holder comes to the border of the United States. Upon inspection by an immigration officer, a determination is made by that officer as to the length of time the visa holder may stay in the United States. This will depend on the type of visa and somewhat on the statements of the visa holder. When a person is inspected and admitted, she will be issued an I-94 card, which indicates the conclusion date of that admission, and a stamp will usually be placed in the passport, indicating the date of admission.

Once a person has been admitted to the United States as a nonimmigrant, it may be possible for him/her to extend his/her authorized stay in that visa status or to change to a different nonimmigrant visa status. There are a variety of restrictions for each type of change or extension. In order to make such a change or extension, an application must be made to the Bureau of Citizenship and Immigration Services regional service center having jurisdiction over the applicant's place of residence in the United States.

Visitors for Business and for Pleasure - B-1/B-2 Visas

B visas are issued for people who wish to visit the United States for relatively short periods of time. A B-1 visa is generally issued for the purpose of conducting business, such as attending a meeting or a conference. Please note that this visa does not authorize employment by a United States employer. A B-2 visa is known as a tourist visa, and it is issued for vacations or recreational visits.

The immigration regulations currently permit admission on a B visa for a maximum of six months. However, because of heightened security concerns, B visitors are now asked about the intended length of their visit, and they may be limited to a shorter stay. An extension of the authorized period of stay, up to six additional months, may be applied for in the United States through the Bureau of Citizenship and Immigration Services.

Visa Waiver Program

For nationals of certain countries, no visa is required in order to visit for business or pleasure. Under this Visa Waiver Program, an admission for up to ninety days may be authorized. Individuals carrying passports from the following countries may be admitted under the Visa Waiver Program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, The United Kingdom (for citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.), and Uruguay. This list is frequently changed, with both additions and deletions. Please see the State Department website for current information about the Visa Waiver Program at:
http://travel.state.gov/visa/temp/without/without_1990.html

Like admissions with a visa, there are restrictions and qualifications for entering the United States on the Visa Waiver Program. It is not possible to change from or to obtain an extension of this nonimmigrant status. If an alien violates the terms of this type of admission, the Bureau of Citizenship and Immigration Services may order immediate removal: and there is no right of appeal.

Students - F, M and J Visas

Visas are available to students who are enrolled as full-time students in an "academic" educational program, a language-training program, or a vocational program at a school approved by the Bureau of Citizenship and Immigration Services. When applying for a student visa at the consulate, the student must demonstrate that he/she has sufficient funds available for self-support during the entire proposed course of study and that he/she has a residence in her home country to which he/she intends to return.

The F-1 student visa category includes academic students in colleges, universities, other academic institutions, and in language training. The M-1 student visa category includes vocational students. The J visa exchange visitor program includes students at all academic levels, as well as others coming for the purpose of conducting research, receiving training, or demonstrating specialized knowledge or skills. J visa exchange visitors often have a condition upon their admission, in that there is a requirement that they return to their home country for a period of two years before they may change to another nonimmigrant visa status or become permanent residents.

Workers - E, H, L, O, P and R Visas

Employers who wish to employ foreign workers to perform services or labor on a temporary basis must file for a visa for that employee. There are several kinds of working visas (E, H, L, O, P, and R), and which visa is appropriate depends on the type of work to be performed and the training or experience necessary to do the work. Work authorization for foreign workers is limited to employment with the employer for whom the petition was approved.