If you’re thinking about moving to the U.S., you’ll likely apply for either an immigrant visa or a nonimmigrant visa. Understanding the difference between these two is key. Immigrant visas are for people who want to live in the U.S. permanently. Nonimmigrant visas are for those coming temporarily, such as studying, traveling, getting medical care, or working for a limited time.
The application process for each is very different. Immigrant visa applicants need to show they intend to settle in the U.S. permanently and often need a family member or employer to sponsor them. Nonimmigrant applicants must show they plan to return home after their trip and have enough financial support for their stay.
Each visa type also has different timelines, requirements, and paperwork. Knowing what’s expected helps you avoid delays or denials. Understanding your visa category is the first step, whether you’re coming for a short visit or a long-term stay.
Key takeaways
- Immigrant visas are for people who want to live in the U.S. permanently, while nonimmigrant visas are for temporary visits, such as tourism or study.
- Immigrant visas require proof of intent to settle and often need family or employer sponsorship.
- Nonimmigrant visas require you to prove your stay is temporary and that you have strong ties to your home country.
- Each visa type has a different process and set of documents. A lawyer can help you stay on track and avoid mistakes.
What are immigrant visas?
An immigrant visa lets you move to the U.S. permanently. Once you enter the country with this visa, you become a lawful permanent resident, also known as a green card holder. This means you can live, work, and build a life in the U.S.
Immigrant visas are usually based on family connections, job offers, or special programs like the diversity lottery. Some people also qualify for humanitarian reasons. Each category has its own rules, and some have yearly limits on how many visas are issued. One key thing to know is that before you can even apply for an immigrant visa, someone must file a petition on your behalf.
What are nonimmigrant visas?
Nonimmigrant visas are for people who want to visit the U.S. temporarily. They cover activities such as tourism, business trips, studying, attending conferences, or short-term work.
There are over 20 types of nonimmigrant visas, each with its own letter and number, like B-2 for tourists, F-1 for students, and H-1B for certain skilled workers. With these visas, you must show that you plan to leave the U.S. when your stay ends. You’ll also need to follow certain rules while you’re here, such as working only for the approved employer or sticking to the activity you were granted the visa for.
Key requirements for immigrant vs nonimmigrant visas
Immigrant and nonimmigrant visas serve different purposes, and the requirements reflect that.
Permanent vs temporary
Immigrant visas are for permanent stays. Nonimmigrant visas are strictly for temporary visits tied to specific reasons.
Intent to settle
You must prove you plan to live in the U.S. permanently to get an immigrant visa. For a nonimmigrant visa, you must prove you plan to return home after your visit.
Family sponsorship eligibility
Most immigrant visas require a family member or employer in the U.S. to sponsor you. Nonimmigrant visas usually don’t depend on family ties.
Home country ties
Nonimmigrant visa applicants need to show strong ties to their home country, like a job, home, or family, that would motivate them to return. Immigrant visa applicants focus on building their future in the U.S.
Employment authorization scope
With an immigrant visa, you can usually work anywhere in the U.S. With a nonimmigrant visa, your work rights are limited to specific employers or roles.
Financial support evidence
Immigrant visa applicants often need a financial sponsor, while nonimmigrant visa applicants just need to show they can afford their trip.
Duration of stay
Immigrant visas are permanent. Nonimmigrant visas have time limits, and you must leave the U.S. before your stay expires (unless you extend or change your status).
What is the procedure for applying for an immigrant visa?
Applying for an immigrant visa involves several steps, and it usually starts with someone, like a family member or employer, filing a petition for you.
File the initial petition
The first step is filing a petition. This could be Form I-130 for family-based immigration or Form I-140 for an employment-based case. Once it’s approved, your case can move forward.
Wait for approval
Depending on the visa category, you might have to wait for your “priority date” to become current. This means a visa number must be available before you can continue.
Complete DS-260 form
This is your online immigrant visa application. It asks for your background, travel history, and more. You’ll need to be accurate and honest; this form sets the stage for your interview.
Attend the medical examination
All immigrant visa applicants must complete a medical exam with an approved doctor. This checks for certain illnesses and confirms that your vaccinations are up to date.
Attend the visa interview
You’ll go to a U.S. consulate or embassy for your interview. A consular officer will review your documents, ask questions, and decide whether to approve your visa.
What is the procedure for applying for a nonimmigrant visa?
If you’re coming to the U.S. for a short stay, here’s how the nonimmigrant visa process usually works.
Choose the appropriate category
Start by picking the correct visa for your purpose: tourism (B-2), business (B-1), student (F-1), or work (H-1B), for example.
Complete DS-160 form
This is the main application form for nonimmigrant visas. You’ll complete it online and include your travel plans, background, and other details.
Pay the application fee
Each visa type has a fee, usually around $160 for most nonimmigrant visas. You’ll need to pay this before scheduling your interview.
Schedule a consular interview
Once you’ve paid the fee, you can book an interview at your nearest U.S. embassy or consulate. Wait times vary depending on location.
Provide supporting documentation
Bring everything that supports your case, like proof of funds, your job or school enrollment, travel plans, and anything else that shows your intent to return home after your visit.
How to check your immigrant visa status
If you’re waiting on an immigrant visa, there are a few ways to track your case:
- Use the Consular Electronic Application Center (CEAC) at ceac.state.gov to track your visa application.
- If your petition is still with USCIS, check your case status at uscis.gov using your receipt number.
- If your case is at the National Visa Center (NVC), you can call or email their customer service for updates.
Make sure to keep your case number or application ID handy. You can also sign up for automatic updates or create a USCIS online account to get notifications.
How an immigration law attorney can help you
U.S. immigration law is complex; one mistake can delay your case or lead to denial. An immigration lawyer can help you choose the right visa, prepare your documents, and guide you through interviews or Requests for Evidence (RFEs).
They know the ins and outs of changing laws, required forms, and what officers look for during reviews. If you run into complications, like visa delays, inadmissibility issues, or denials, they can step in and help resolve the problem. Whether you’re applying for a temporary stay or a green card, having a lawyer can make the process smoother and less stressful.
Immigration attorneys with Marble help clients through every step, from selecting the right visa to preparing your application and communicating with U.S. immigration authorities. Whether you’re applying for a temporary stay or pursuing a green card, we’re here to make the process more manageable and less stressful.
