Visa Frequently Asked Questions
What is a Visa?
Who Needs a Visa?
What is an Arrival-Departure
Record?
Who Needs an Arrival Departure
Document?
What is an H-1B?
What is a specialty occupation?
Must an H-1B alien be working
at all times?
Can an H-1B alien travel outside
the U.S.?
Can an H-1B alien intend to
immigrate permanently to the U.S.?
What Is the Visa Waiver Program?
How Does the VWP Work?
What Countries Are in the
VWP?
What is a Visa?
A visa is a permit to apply to enter the
United States. If needed, it is normally
obtained at an American consulate outside
the United States. It classifies the visit
as business, tourism, etc. and is usually
valid for multiple visits to the United
States during a specified period of time.
An immigrant visa is given
to someone who intends to live and work
permanently in the United States. In most
cases, your relative or employer sends an
application to the INS for you (the beneficiary)
to become an immigrant. (Certain applicants
such as workers with extraordinary ability,
investors, and certain special immigrants
can petition on their own behalf.)
A nonimmigrant visa is
given to someone who lives in another country
and wishes to come temporarily to the United
States for a specific purpose. Nonimmigrant
visas are given to people such as tourists,
business people, students, temporary workers,
and diplomats.
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Who Needs a Visa?
Anyone who is traveling to the United States
to become an immigrant must have an immigrant
visa.
In addition, most people who want to travel
to the United States as nonimmigrants require
a visa. Under the Visa Waiver Program, nationals
of participating countries do not require
a visa to apply to enter the United States
as a visitor for business or pleasure (B-1
or B-2 visa categories), if staying for
no more than 90 days, and if not inadmissible.
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What is an Arrival-Departure
Record?
Once you receive an immigrant or nonimmigrant
visa, you are authorized to travel to the
United States. However, a visa does not
guarantee that you will be allowed to enter
the United States. Immigration has authority
to grant or deny your admission to the United
States and to determine how long you may
stay in the United States.
An Arrival/Departure Record is created
by the INS when the traveler is inspected
upon arrival in the United States. The inspector
endorses the Form I-94 (Arrival/Departure
Record) with the date, place of arrival
the "class of admission" (which
corresponds to the visa class), the length
of time the traveler may remain in the United
States, and any special conditions which
may apply to the visit. The inspector keeps
the Arrival portion of the form and returns
the endorsed departure portion to the traveler
who must keep the card in his possession
until he leaves the United States. When
the traveler leaves the United States, he
must surrender the departure portion of
the I-94 to the airline representative,
if he travels by air, or to the immigration
or customs officer if he departs across
the border to Canada or Mexico.
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Who Needs an Arrival Departure
Document?
Most foreign travelers will receive an
Arrival Departure Record when arriving at
a U.S. port-of-entry.
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What is an H-1B?
The H-1B is a nonimmigrant classification
used by an alien who will be employed temporarily
in a specialty occupation or as a fashion
model of distinguished merit and ability.
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What is a specialty
occupation?
A specialty occupation requires theoretical
and practical application of a body of specialized
knowledge along with at least a bachelor's
degree or its equivalent. For example, architecture,
engineering, mathematics, physical sciences,
social sciences, medicine and health, education,
business specialties, accounting, law, theology,
and the arts are specialty occupations.
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Must an H-1B alien
be working at all times?
As long as the employer/employee relationship
exists, an H-1B alien is still in status.
An H-1B alien may work in full or part-time
employment and remain in status. An H-1B
alien may also be on vacation, sick/maternity/paternity
leave, on strike, or otherwise inactive
without affecting his or her status.
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Can an H-1B alien
travel outside the U.S.?
Yes. An H-1B visa allows an alien holding
that status to reenter the U.S. during the
validity period of the visa and approved
petition.
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Can an H-1B alien
intend to immigrate permanently to the U.S.?
Yes. An H-1B alien can be the beneficiary
of an immigrant visa petition, apply for
adjustment of status, or take other steps
toward Lawful Permanent Resident status
without affecting H-1B status. This is known
as "dual intent" and has been
recognized in the immigration law since
passage of the Immigration Act of 1990.
During the time that the application for
LPR status is pending, an alien may travel
on his or her H-1B visa rather than obtaining
advance parole or requesting other advance
permission from Immigration to return to
the U.S.
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What Is the Visa
Waiver Program?
The Visa Waiver Program (VWP) allows foreign
nationals from certain countries to be admitted
to the U.S. under limited conditions and
for a limited time without obtaining a visa.
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How Does the VWP
Work?
The VWP permits nationals from designated
countries to apply for admission to the
United States for ninety (90) days or less
as nonimmigrant visitors for business or
pleasure without first obtaining a nonimmigrant
visa. If the following requirements are
met, the Attorney General, in consultation
with the Secretary of State, may designate
a country as a participant in the program:
- The country offers reciprocal travel
privileges to U.S. citizens;
- Nationals of the country have a low
refusal rate for U.S. visas;
- The country issues or certifies that
it will issue a machine-readable passport
not later than October 1, 2003;
- The country will begin issuing a machine-readable
passport to its citizens not later than
October 1, 2003;
- The Attorney General, in consultation
with the Secretary of State, prepares
a report evaluating the effect the country's
designation would have on the United States? law
enforcement and security interests; and
- The Attorney General, in consultation
with the Secretary of State, determines
that the country? designation for the
program would not compromise U.S. law
enforcement or national security interests
(including interests in enforcing immigration
laws).
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What Countries
Are in the VWP?
The following countries are currently in
the 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, and 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.
Please note that the Attorney General,
in consultation with the Secretary of State,
may add countries to the program or remove
them from the program at any time.
Also note that after May 15, 2003, citizens
of Belgium must present a machine-readable
passport in order to be granted admission
under the VWP.
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