Which VISA is Right for Me?
Visas to the United States are processed through the U.S. Department of State. With so many different visas available depending on why and how you intended to come to the United States, it’s important to understand which one is right for you. Below we discuss the different types of United States Visas so you can decide what will work best for you.
Tourism & Visiting
Foreign nationals, except for Canadian and Bermudian citizens, who are planning to travel to the United States for vacation, visiting friends & family, or seeking medical treatment are required to have a visitor B-2 visa unless the foreign national qualifies under the Visa Waiver Program.
A few other travel purposes allowed by a B-2 Tourism visa include participation in social events hosted by social or service organizations, participation by amateurs in a sporting event, musical, or similar event if you are not being monetarily compensated for your participation, and enrollment in a short course of study that is not for credit towards a degree.
Some travel purposes that are not permitted on visitor visas are studying, employment, paid performance, arriving as a crew member on a ship or aircraft, work as press in print, film, radio, & any other media, a permanent residence in the United States, and giving birth in the United States so your child can be a U.S. citizen.
The U.S. Visa Waiver Program is available to citizens of 40 different countries. Visitors under the Visa Waiver Program are able to travel to the United States for business or tourism purposes for up to 90 days without having to file for a visa. There are several requirements beyond having citizenship in one of the 40 countries:
- Your passport must have a machine-readable zone on the biographic page.
- You must have an electronic passport that has a digital chip within it.
- Your passport must have a digital photograph that is printed onto the page, not glued or laminated onto the passport.
To view which country’s citizens qualify for the Visa Waiver Program, click here.
Business
To travel to the United States as a foreign national for temporary business activities, you will need a B-1 visitor visa (unless you qualify for the Visa Waiver Program). A few examples of temporary business include attending business meetings, attending business conferences, settling an estate, and negotiating contracts.
Employment
As for employment visas, there are several different types depending on your form of employment.
Temporary Employment Visas (H, L, O, P, Q)
These visas are for approved petition-based temporary employment in the United States. For these types of visas, the prospective employer must first file a petition with the U.S. Citizenship and Immigration Services. If the petition is approved, you are then allowed to apply for a temporary employment visa.
There are several different categories of temporary worker visas, varying in industries, occupations, and type of employers. To learn more in-depth about the different temporary employment visa categories, click here.
Exchange Visitor Visa (J)
An Exchange Visitor Visa is for certain professions such as teachers, professors, summer work travelers, and other exchange program participants. There are several different exchange visitor categories including au pair, intern, research scholar, college student, teacher, and more. To apply for this type of visa, you must first apply and be accepted into an exchange visitor program through a sponsored organization in the United States.
Media Visa (I)
Media visas are for representatives of foreign press, radio, film, or other information media who are temporarily traveling to the United States for their profession and engaging in informational or educational media activities. A few examples are:
- An employee of foreign information media or an employee of an independent production company;
- A member of the foreign media that is involved in the production or distribution of a film;
- A journalist fulfilling a contractual agreement;
- A foreign journalist that is traveling to the United States to report events and information involving the U.S. to a foreign audience;
- A representative of a tourist bureau.
In some instances, a visitor visa is a better option than a media visa for activities such as attending a conference, guest speaking, performing research, and taking photographs for which you do not receive income in the U.S.. Other travel purposes may require a temporary worker visa instead of a media visa. Click here to decide which is the best option for you.
Study & Exchange
Study and exchange visas are in place to support international education and welcome foreign students to the United States. Prior to applying for a visa, students and exchange visitors must be accepted by their school or program sponsors.
There are two types of these visas:
Student Visas (F & M)
Student visas are specifically for academic and vocational studies. The type of school you are planning to attend and your course of study will determine whether you need an F category visa or an M category visa. If you are planning to attend a university or college, high school, private elementary school, seminary, conservatory, or another academic institution, you will need an F visa. For vocational or any other nonacademic institution, you need an M visa.
Students are not allowed to travel on a tourist visa or through the Visa Waiver Program.
Exchange Visitor Visa (J)
While exchange visitor visas can be used for temporary employment in the United States, they can also be utilized for college/university students and secondary students. For this type of visa, you must be participating in an exchange visitor program.
Immigrant Visas
Family-based immigration is when a foreign citizen is seeking to live permanently in the United States and must be sponsored by an immediate relative that is at least 21 years old and a U.S. citizen or a U.S. Lawful Permanent Resident.
There are two types of family-based immigrant visas:
Immediate relative visas are based on a close family relationship with a U.S. citizen, such as a spouse, child, or parent.
Family preference visas are for more distant family relationships with a U.S. citizen and specific relationships with a Lawful Permanent Resident.
United States citizens can file a petition for their spouse, child, parent, or sibling. However, Lawful Permanent Residents can only file petitions for their spouse or unmarried child.
If you’re having trouble navigating which Visa is right for you, our immigration attorneys at Bair Wilson Sharma are here to help. We are committed to providing our clients with high-quality, compassionate, and professional legal representation. Schedule a consultation today to get started.
Sources:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wizard.html
https://travel.state.gov/content/travel/en/us-visas.html
https://www.thoughtco.com/which-us-visa-for-you-1951605
https://www.ssa.gov/people/immigrants/visa.html
https://www.dhs.gov/visa-waiver-program-requirements
https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
https://travel.state.gov/content/travel/en/us-visas/study/exchange.html
https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html#overview
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html