Temporary NonImmigrant Visas Attorneys

Traveling the world is a dream for many and a definite perk for those who work in jobs that require international travel. But going to another country isn’t always as easy as jumping on a plane with your passport. Each country has its own requirements for how and when citizens from other countries can enter, and the United States is no different.

If your work requires you to travel to the United States or you have always wanted to see what the USA has to offer, a temporary non-immigrant visa may be an option for immigration services.

These visas have specific requirements by type, and you’ll need to be able to show that you have a plan for supporting yourself and a timeline to return to your home country. If you’re not sure if you’re eligible for a temporary non-immigrant visa or need help with the process, contact the immigration lawyers at Magilligan Law.

What Are Temporary Non-Immigrant Visas?

A visa is basically a pass granted by a country’s government that says that you are legally allowed to be in the country. Temporary non-immigrant visas are designed for those who wish to visit — but not permanently stay in — the United States.

They are issued for a specific time period, and they often have more restrictions on what you can do while in the country than immigrant visas. Temporary non-immigrant visas can be easier to get than immigrant visas in the case of tourist visas.

What Are the Types of Temporary Non-Immigrant Visas?

Temporary non-immigrant visas are generally reserved for tourist travel, temporary work assignments, and students. This visa type may also be granted to those coming to the United States for private medical treatment, which is included in the B-2 tourist visa option. Each visa type has its own restrictions.

For example, the B-2 visa allows someone to stay in the United States for up to 6 months before needing to renew their visa.

An H-1B visa is called the Person in Specialty Occupation visa and is reserved for those with specific educational backgrounds or employment types. For example, fashion models fall into this temporary work visa category. Someone with an H-1B visa can stay in the United States for 3 years before needing an extension for a total of up to 6 years.

Student visas are reserved for full-time international students who are pursuing studies within the United States. The F-1 visa is for those pursuing academic studies, and the M-1 visa is for students pursuing vocational education. There is also a J-1 visa, which is for students taking part in work-study exchange programs.

Who Is Eligible for a Temporary Non-Immigrant Visa?

In general, those applying for a temporary nonimmigrant visa must be admissible to the United States and fulfill the specific requirements of the visa they are applying for.

For example, to be eligible for a B-2 visa, you need to be able to prove that you are coming to the United States for purposes of tourism. You must have a permanent residence in your home country as well as “binding ties,” which are things like a family or a job. You cannot be coming to the United States for any work purposes and must be able to show that you have the financial standing to support yourself for the duration of your trip.

An H-2A visa is for temporary agricultural workers. To qualify for this visa, your potential employer must be able to show that your job is temporary or seasonal and that there are not enough U.S. workers to do that particular job.

The employer also has to prove that hiring temporary workers outside of the United States won’t negatively affect those in similar occupations within the country. There is also a specific list of approved countries someone must be from to be able to get this visa.

There are several different temporary nonimmigrant visas, so the best source of information to determine eligibility requirements is the U.S. Department of State or an immigration attorney.

How Does the Visa Waiver Program Work?

The Visa Waiver Program is an option for some people to come to the United States for tourism or work purposes without needing a visa. It allows them to stay in the United States for up to 90 days. Applicants must be from one of the 41 approved countries and must have passports that meet specific requirements.

Those requirements include having a machine-readable zone on the biographic page and a digital chip containing biometric information about the passport holder. The latter is known as an e-Passport.

The program is designed to facilitate travel and promote tourism and business between the U.S. and participating countries by streamlining the entry process. However, travelers using the Visa Waiver Program must obtain an authorization through the Electronic System for Travel Authorization (ESTA) before boarding a U.S.-bound flight or vessel. ESTA screens applicants against various security databases to assess potential risks.

It’s important to note that the Visa Waiver Program does not permit travelers to extend their stay beyond the 90-day limit, nor does it allow for changing status to another visa category while in the United States. Those who intend to stay longer or work in the U.S. must apply for the appropriate visa through the standard visa application process.

Additionally, travelers entering under the Visa Waiver Program must demonstrate that they intend to return to their home country after their visit, showing strong ties such as employment, family, or property. Failure to meet these conditions can result in denial of entry or removal from the U.S.

Because the rules and eligibility criteria for the Visa Waiver Program can be complex, consulting with an experienced non immigrant visa lawyer can help ensure that your travel plans comply with U.S. immigration law and avoid potential issues at the border.

What Restrictions Does a Temporary Non-Immigrant Visa Have?

While a temporary nonimmigrant visa allows you to travel through and potentially work or study in the United States, it does have limitations. The first is that you must abide by the type and length of your visa. Staying past your expected departure date without renewing your visa or working on a tourist visa are grounds for removal.

You also cannot vote in any U.S. elections or run for any offices. You are not able to sponsor anyone to come to the United States, and there is no specific pathway from a temporary nonimmigrant visa to lawful permanent resident or naturalized citizen status.

It’s very important that you understand and abide by the terms of your visa, and working with an attorney can help ensure that you understand what’s expected of you.

The attorneys at Magilligan Law have helped countless clients apply for and successfully obtain temporary nonimmigrant visas. Call 954-833-1454 to reach our team in Hollywood, Florida, and learn more about how we can help.