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Non-Immigrant Visas

There are several different categories of nonimmigrant, or temporary visas that you can apply for to enter or remain in the U.S. Some commonly known nonimmigrant visas are B-1 tourist visas, F-1 student visas, K-1 fiancee visas and H-1B specialty worker visas.

Nonimmigrant visas are issued only for temporary, specifically defined periods of stay in the U.S. If you are a nonimmigrant visa applicant, before you will be issued a nonimmigrant visa, you will generally have to show that you have a specific intention of returning to your home country when your visa expires. You can do this by showing that you have connections to your home country and good reasons to return after your visa expires, such as having a family, a job, or property.

There are many different kinds of nonimmigrant visas for which you may be eligible. Each one is issued for a very specific purpose. Nonimmigrant visas differ from each other in the type and extent of privileges which they allow, and in the length of time that they last. Nonimmigrant visas are either issued for a defined period of time and expire on a certain date, or they are issued for “duration of status.” Duration of status means that the visa holder will be considered to be in status as long as he or she continues to maintain and observe the conditions of that status while they are in the U.S. For example, F-1 student visas are issued for “duration of status”, which means that the F-1 student will be considered to be in valid status as long as the student continues to attend his or her designated school on a full time basis.

Some nonimmigrant visas are derivative, which means that they depend on the status of a principal visa holder. For example, a K-3 derivative visa may be issued to the child of a K-1 principal visa holder. Some nonimmigrant visas, such as H-1B visas, allow you working privileges while you are in the U.S. But many do not allow you to work. If you have already entered the U.S. with a nonimmigrant visa and you are in current status, you may be eligible to change your status to a different nonimmigrant visa category. If you have any questions about whether you are eligible to do so, you should consult/speak with an experienced immigration attorney.

The Law Offices of Sean D. Hummel can represent and assist you in variety of ways with regards to your Non-Immigrant Visa, including:

  • Preparation and Filing of Initial Applications for Non-Immigrant Visas (Form DS-230, Form I-129, and Form I-129F)
  • Preparation and Filing of Applications for Extend Non-Immigrant Status (Form I-539)
  • Preparation and Filing of Application to Change Non-Immigrant Status (Form I-539)
  • Consular Assistance and Processing
  • Reinstatement of F-1 Student Visas
  • Motions to Reopen or Reconsider Denials of Applications
  • Appeals of Denials of Applications.

Here is a list of the different nonimmigrant visas categories and the purposes for which they are issued:

  • A-1 Diplomatic employees and members of their households
  • A-2 Foreign government officials, employees and their families
  • B-1 Temporary visitors for business
  • B-2 Temporary visitors for pleasure
  • C Aliens in Transit
  • D Crewmember (air or sea)
  • E-1 Treaty traders, their spouse and children
  • E-2 Treaty investors, their spouse and children
  • F-1 Students, and F-2 dependents
  • G Employees of International Organizations (IMF, OPIC, OAS, UN, Red Cross
  • H-1A Registered Nurses
  • H-1B Aliens in a "specialty occupation"
  • H-2A Temporary worker performing agricultural services
  • H-2B Temporary worker performing other services
  • H-3 Trainees
  • I Representatives of international media
  • J-1 Exchange visitors and J-2 dependents
  • K-1 Fiancés and fiancées, and K-2 dependents
  • K-3 Spouses of U.S. citizens and K-4 dependents
  • L-1A and L-1B Intracompany transferees
  • M Language and vocational students
  • N NATO employees
  • O Extraordinary ability aliens
  • O-2 Persons accompanying and assisting O-1 artists or athletes, and O-3 dependents
  • P-1 Individual or team athletes or members of entertainment groups
  • P-2 Artists or entertainers who will perform under a reciprocal exchange program
  • P-3 Artists or entertainers who perform under a program that is culturally unique
  • P-4 Dependents of P-1s, P-2s, or P-3s - Note: may not work in the U.S.
  • Q Participants in a programs of international cultural exchange
  • R Religious workers affiliated with a recognized religious denomination
  • S Individuals coming to the U.S. to testify in criminal proceedings
  • TN Temporary professional workers under NAFTA (citizens of Canada or Mexico), and TD dependents.

If you need representation and assistance in connection with the preparation or filing of your Application for a Non-Immigrant Visa or an Application for an Extension or Change of Status, call South Florida Immigration Lawyer Sean D. Hummel at (954) 385-3111.