Nonimmigrant visa definition
A nonimmigrant visa allows foreign nationals to visit the US temporarily for tourism, business, study, or certain short-term jobs.
A nonimmigrant visa allows a foreign national to travel to the US temporarily for purposes like tourism, business, study, or certain types of temporary work. There are dozens of nonimmigrant visa categories, each with its own eligibility requirements and rules.
Having a nonimmigrant visa does not guarantee entry to the United States. Final admission is determined by a Customs and Border Protection (CBP) officer at the port of entry.
Foreign nationals generally obtain nonimmigrant visas at a US embassy or consulate abroad.
How long can someone stay in the US with a nonimmigrant visa?
US Customs and Border Protection determines someone’s length of stay is when they enter the country, not by the visa expiration date printed in their passport. The authorized stay period is recorded on a Form I-94 Arrival/Departure Record. It can range from a few days to several years, depending on a person’s visa type and circumstances.
Once an individual’s I-94 date expires, they must leave the country or apply for an extension/change of status. Overstaying even one day past the authorized stay period can have serious consequences. These include future visa denials, cancellation of a current visa, or reentry bars (for longer overstays).
Can someone work on a nonimmigrant visa?
Most nonimmigrant visas do not authorize employment in the US. Some exceptions include:
- H-1B: Specialty occupation workers
- L-1: Intra-company transferees
- O-1: Extraordinary ability
- Certain dependent spouses (some H-4, L2, and E-2 visaholders)
- Certain F-1student visas with work authorization (OPT or CPT)
Some work-authorized visa categories allow employment without a separate Employment Authorization Document, while others require one. Working without authorization can result in deportation, visa cancellation, or future inadmissibility to the US.
Is a tourist visa immigrant or nonimmigrant?
A tourist visa (B-2) is a nonimmigrant visa. It is for temporary visits such as tourism, visiting friends or family, or medical treatment. It does not grant the right to work or live permanently in the United States.
