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Visa

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A U.S. visa is a type of documentation issued to both immigrant and nonimmigrant travelers to the United States that displays identifying information and indicates the reason for the visit. The issuance of a visa does not automatically guarantee someone entry into the United States; at the point of entry, an officer with U.S. Customs and Border Protection evaluates the individual's visa and other documents and decides whether or not to allow entry. Citizens from 38 countries traveling temporarily to the United States are not required to obtain a nonimmigrant visa before entering the country.[1][2]

Process

Petition

The process for most immigrant visas and for nonimmigrant temporary worker visas begins with a petition filed on the individual's behalf by an employer sponsor or family sponsor. Visitors, those traveling for short-term business, and students do not need a sponsor to file a petition on their behalf. For visas requiring a petition, U.S. Citizenship and Immigration Services (USCIS) must approve the petition before the individual may apply for a visa.[3][4][5][6][7]

Application

If USCIS approves the petition, the U.S. Department of State's National Visa Center (NVC) begins processing the potential immigrant's case, which involves the initial collection of fees, forms, and documents from sponsors and applicants. During this step, called pre-processing by the State Department, visa applicants choose an agent to represent them and receive communication from the NVC; applicants can act as their own agents. Applicants then submit their visa applications and pay the associated processing fees. Supporting financial and civil documents from both sponsors and applicants are then also submitted to the NVC.[8][9][10][11]

Since visitors, those traveling for short-term business, and students do not have to submit a petition, their visa process begins with the submission of the application and fees.

Interview

If the NVC determines that the applicant is qualified, an interview is scheduled with the appropriate U.S. Embassy or Consulate. The NVC forwards the documents collected during pre-processing to U.S. Embassies & Consulates. Fingerprints are typically taken during the interview, and for immigrant visa applicants, a medical examination is typically required. The purpose of the interview is for a consular officer to determine whether the applicant is qualified to receive a visa and which visa classification is appropriate. Consular officers inform applicants of their decision at the end of the interview.[12][13]

Approval or denial

If a visa is awarded, the individual is not guaranteed entry into the United States; at the point of entry, an officer with U.S. Customs and Border Protection evaluates the individual's visa and other documents and decides whether or not to allow entry. A visa may be denied for health, criminal, or security reasons. If a visa is denied, the deciding consular officer must inform the applicant of the reason for the denial or ineligibility. Some individuals who have been deemed ineligible for entry may submit a request to the attorney general's office that the decision be reconsidered. Reasons the attorney general may reverse a decision of inadmissibility include humanitarian reasons or family unity.[1][13][14]

Special provisions

Citizens of Canada and Bermuda

Most citizens from Canada traveling to the United States on a temporary basis do not need to acquire a visa. Canadian citizens who do need to acquire a visa include the following:[15]

  • officials representing foreign governments, international organizations, and NATO
  • individuals from countries involved in a commerce treaty with the United States who (1) engage in substantial trade between the two countries, or (2) are investors in companies that engage in such trade
  • individuals applying for permanent residency
  • intelligence informants

In addition, some Canadian professionals involved in business activities under NAFTA must also acquire a NAFTA Professional visa only if they reside in a third country with a non-Canadian spouse and plan to enter the United States with a family member.[16]

Most citizens of Bermuda do not need to acquire a visa to enter the United States as long as their length of travel is shorter than 180 days. Citizens of Bermuda who do need to acquire a visa include the following:[15]

  • officials representing foreign governments or international organizations
  • individuals applying for permanent residency
  • intelligence informants

Visa Waiver Program

Under the Visa Waiver Program, most citizens from 38 countries who are traveling temporarily to the United States are not required to obtain a nonimmigrant visa before entering the country. They still must obtain prior electronic authorization, however. Citizens of the following countries are eligible for visa-free travel under the Visa Waiver Program:[2]

  • Andorra
  • Australia
  • Austria
  • Belgium
  • Brunei
  • Chile
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Ireland
  • Italy
  • Japan
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Monaco
  • Netherlands
  • Norway
  • Portugal
  • San Marino
  • Singapore
  • Slovakia
  • Slovenia
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Taiwan
  • United Kingdom
  • New Zealand


Types of visa

Example of a United States visitor visa

According to U.S. Citizenship and Immigration Services, as of 2009 there were over 200 classifications of visas. Visa classifications are divided into nonimmigrant visas and immigrant visas. For both types, the most common reasons for visa eligibility are for employment in the United States or for family of citizens, permanent residents, or guest workers.[17]

Nonimmigrant visas

Nonimmigrant visas are issued for individuals traveling temporarily to the United States for purposes such as tourism, education, or employment. Some of the more well-known nonimmigrant visas include those for guest workers, such as H1B for skilled professionals and H2A for temporary agricultural workers. Click [show] on the table below to view a list of the various classifications of nonimmigrant visas.[18]

Immigrant visas

Immigrant visas are issued for individuals traveling to live and work permanently in the United States. Common immigrant visas include IR1 and IR2 for spouses and children of U.S. citizens. The next-most common immigrant visas are awarded based on systems of family-based and employment-based preference categories. The preference system is a method of distributing the limited number of visas awarded each year, with more visas available for the more highly preferred categories. Click [show] on the table below to view a list of the various classifications of immigrant visas.[18]

Statistics

The following table presents data from the U.S. Department of State on the number of immigrant and nonimmigrant visas issued between 2012 and 2016. Data on specific nonimmigrant visa categories and the number of nonimmigrant visas issued in 2016 were not available.

Number of visas issued, 2012-2016
2012 2013 2014 2015 2016
Immigrant categories
Immediate relatives 235,616 205,435 185,130 243,432 315,352
Special immigrants 5,219 6,424 12,084 9,468 16,176
Vietnam Amerasian immigrants 75 12 13 13 6
Family sponsored preference 189,128 189,020 197,760 208,840 215,498
Employment-based preference 19,137 21,144 21,365 21,613 25,056
Diversity immigrants 33,125 51,080 51,018 48,097 45,664
Total 482,300 473,115 467,370 531,463 617,752
Nonimmigrant categories
Total 8,927,090 9,164,349 9,932,480 10,891,745 N/A
Source: U.S. Department of State, Bureau of Consular Affairs, "Immigrant and Nonimmigrant Visas Issued at Foreign Service Posts, Fiscal Years 2012 - 2016"

See also

Footnotes

  1. 1.0 1.1 U.S. Department of State, Bureau of Consular Affairs, "About Visas - The Basics," accessed January 2, 2017
  2. 2.0 2.1 U.S. Department of State, Bureau of Consular Affairs, "Visa Waiver Program," accessed January 10, 2017
  3. U.S. Department of State, Bureau of Consular Affairs, "Petition," accessed January 10, 2017
  4. U.S. Department of State, Bureau of Consular Affairs, "Temporary Worker Visas," accessed January 10, 2017
  5. U.S. Department of State, Bureau of Consular Affairs, "Student Visa," accessed January 10, 2017
  6. U.S. Department of State, Bureau of Consular Affairs, "Business," accessed January 10, 2017
  7. U.S. Department of State, Bureau of Consular Affairs, "Visitor Visa," accessed January 10, 2017
  8. U.S. Department of State, Bureau of Consular Affairs, "Begin National Visa Center (NVC) Processing," accessed January 10, 2017
  9. U.S. Department of State, Bureau of Consular Affairs, "Step 1: Choose an Agent," accessed January 10, 2017
  10. U.S. Department of State, Bureau of Consular Affairs, "Collect and Submit Forms and Documents to the NVC," accessed January 10, 2017
  11. U.S. Department of State, Bureau of Consular Affairs, "Step 6: Submit Documents to the NVC," accessed January 10, 2017
  12. U.S. Department of State, Bureau of Consular Affairs, "Prepare for the Interview," accessed January 10, 2017
  13. 13.0 13.1 U.S. Department of State, Bureau of Consular Affairs, "After the Interview," accessed January 10, 2017
  14. U.S. Department of State, Bureau of Consular Affairs, "Ineligibilities and Waivers: Laws," accessed January 10, 2017
  15. 15.0 15.1 U.S. Department of State, Bureau of Consular Affairs, "Citizens of Canada and Bermuda," accessed May 8, 2017
  16. U.S. Department of State, Bureau of Consular Affairs, "Visas for Canadian and Mexican NAFTA Professional Workers," accessed May 8, 2017
  17. U.S. Citizenship and Immigration Services, "Visas: Documentation of Immigrants and Nonimmigrants--Visa Classification Symbols," accessed January 9, 2017
  18. 18.0 18.1 U.S. Department of State, Bureau of Consular Affairs, "What is a U.S. Visa?" accessed January 9, 2017