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Visas

International travelers often require visas to move between countries or to engage in certain activities abroad. Visas are official government documents permitting the holder to apply for entry. In the United States, foreign nationals may receive either an immigrant or a nonimmigrant visa for entry. The specific visa issued depends on the individual's needs and goals, as well as his or her status with regard to immigration rules.

U.S. Citizenship and Immigration Services (USCIS), a government agency within the Department of Homeland Security, issues immigrant visas to qualified applicants who wish to enter the U.S. to stay. (This function was formerly performed by the Immigration and Naturalization Service, which no longer exists.) The specific type of immigrant visa granted varies based on the individual's status. Some visa categories are subject to annual limitations on the number of visas that may be issued, and this fuels fierce competition among applicants. Numerical limitations apply to many family-sponsored and employment-related visa categories, as well as to diversity visas (which are discussed below).

Government regulations divide family-sponsored and employment-related visas into limited categories, and visas are granted based on a pre-determined allocation among those categories.

Example: For family-based immigration, spouses and children of lawful permanent residents receive a larger percentage of the visas available for family-sponsored immigration than married children of U.S. citizens. In employment-based immigration, priority workers, including outstanding professors and persons of extraordinary ability in various fields, receive a larger proportion of the available employment visas than religious workers.

In addition to family-based and employment-related visas, USCIS grants diversity visas to a prescribed number of immigrants from countries that historically send few immigrants to the United States. The system involves an annual visa lottery, and is therefore a very uncertain method of securing legal entrance.

Immigrant visas not subject to numerical limitation are available to immediate relatives of U.S. citizens and permanent residents returning to the United States (subject to certain conditions). The immediate-relative category is the most common of these visa categories. Children must be under twenty-one and unmarried. Children born out of wedlock may be admitted under certain circumstances. Adopted children may also receive immediate family visas under certain circumstances. Spouses will generally qualify for immigrant visas. USCIS will not grant visas for fraudulent marriages entered into in order to receive immigration benefits, and the law penalizes sham marriages through deportation, criminal imprisonment and fines, and permanent bars to permanent residence.

Nonimmigrant visas apply to temporary visitors who intend to return to their home countries. Nonimmigrant admissions far outnumber immigrant visas issued each year. The government establishes a wide range of categories for nonimmigrant visas. Each category connotes its own rights and responsibilities for the holder. Some examples of nonimmigrant visa categories include:
B-1 visas for business visitors,
B-2 visas for visitors for pleasure,
F-1 visas for students, and
H visas for temporary workers.

Some nonimmigrant visas allow the holder to work during his or her stay in the United States. Others allow the visitor to bring family members or to enter the country to join family members. For example, the K visa allows fiances/fiancees of U.S. citizens to enter the country to get married. In each case, the visa holder must comply with documentation requirements and the visa's own legal limitations.

The application procedure for both immigrant and nonimmigrant visas can be complicated. Prospective applicants should contact an immigration attorney for the most current advice and guidance.

Questionnaire: Do You Have Extraordinary Ability?

To read and printout a copy of the Questionnaire please link below.

Do You Have Extraordinary Ability?

You can download a free copy of Adobe Acrobat Reader here.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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				Immigration E-Newsletter Visas International travelers often require visas to move between countries or to engage in certain activities abroad. Visas are official government documents permitting the holder to apply for entry. In the United States, foreign nationals may receive either an immigrant or a nonimmigrant visa for entry. The specific visa issued depends on the individual's needs and goals, as well as his or her status with regard to immigration rules. U.S. Citizenship and Immigration Services (USCIS), a government agency within the Department of Homeland Security, issues immigrant visas to qualified applicants who wish to enter the U.S. to stay. (This function was formerly performed by the Immigration and Naturalization Service, which no longer exists.) The specific type of immigrant visa granted varies based on the individual's status. Some visa categories are subject to annual limitations on the number of visas that may be issued, and this fuels fierce competition among applicants. Numerical limitations apply to many family-sponsored and employment-related visa categories, as well as to diversity visas (which are discussed below). Government regulations divide family-sponsored and employment-related visas into limited categories, and visas are granted based on a pre-determined allocation among those categories. Example: For family-based immigration, spouses and children of lawful permanent residents receive a larger percentage of the visas available for family-sponsored immigration than married children of U.S. citizens. In employment-based immigration, priority workers, including outstanding professors and persons of extraordinary ability in various fields, receive a larger proportion of the available employment visas than religious workers. In addition to family-based and employment-related visas, USCIS grants diversity visas to a prescribed number of immigrants from countries that historically send few immigrants to the United States. The system involves an annual visa lottery, and is therefore a very uncertain method of securing legal entrance. Immigrant visas not subject to numerical limitation are available to immediate relatives of U.S. citizens and permanent residents returning to the United States (subject to certain conditions). The immediate-relative category is the most common of these visa categories. Children must be under twenty-one and unmarried. Children born out of wedlock may be admitted under certain circumstances. Adopted children may also receive immediate family visas under certain circumstances. Spouses will generally qualify for immigrant visas. USCIS will not grant visas for fraudulent marriages entered into in order to receive immigration benefits, and the law penalizes sham marriages through deportation, criminal imprisonment and fines, and permanent bars to permanent residence. Nonimmigrant visas apply to temporary visitors who intend to return to their home countries. Nonimmigrant admissions far outnumber immigrant visas issued each year. The government establishes a wide range of categories for nonimmigrant visas. Each category connotes its own rights and responsibilities for the holder. Some examples of nonimmigrant visa categories include: B-1 visas for business visitors, B-2 visas for visitors for pleasure, F-1 visas for students, and H visas for temporary workers. Some nonimmigrant visas allow the holder to work during his or her stay in the United States. Others allow the visitor to bring family members or to enter the country to join family members. For example, the K visa allows fiances/fiancees of U.S. citizens to enter the country to get married. In each case, the visa holder must comply with documentation requirements and the visa's own legal limitations. The application procedure for both immigrant and nonimmigrant visas can be complicated. Prospective applicants should contact an immigration attorney for the most current advice and guidance. Questionnaire: Do You Have Extraordinary Ability? To read and printout a copy of the Questionnaire please link below. Do You Have Extraordinary Ability? You can download a free copy of Adobe Acrobat Reader here. Copyright © 1994-2006 FindLaw, a Thomson business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. View Previous Selections

Immigration E-Newsletter

Visas

Questionnaire: Do You Have Extraordinary Ability?