The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa.
Nonimmigrant Visa:
A nonimmigrant visa is a temporary visa that allows a foreign national to enter the U.S. for a specific purpose. The most common nonimmigrant visas that allow a foreign national to work in the U.S. with a company sponsor are H-1B, L-1, TN and O-1. F-1 (student) visas. B-1 (visitor) visas are nonimmigrant visas for entry with a primary purpose other than working in the U.S.
The chart below contains many different purposes of temporary travel and the related nonimmigrant visa categories available on this website. Select a visa category below to learn more:
Purpose of Travel | Visa Category | Required: Before applying for visa* |
Athlete, amateur or professional (competing for prize money only) | (NA) | |
Au pair (exchange visitor) | SEVIS | |
Australian professional specialty | DOL | |
Border Crossing Card: Mexico | (NA) | |
Business visitor | (NA) | |
CNMI-only transitional worker | (USCIS) | |
Crewmember | (NA) | |
Diplomat or foreign government official | A
| (NA) |
Domestic employee or nanny - must be accompanying a foreign national employer | (NA) | |
Employee of a designated international organization or NATO | (NA) | |
Exchange visitor | SEVIS | |
Foreign military personnel stationed in the United States | (NA) | |
1) Foreign national with extraordinary ability in Sciences, Arts, Education, Business or Athletics 2) O1 is for applicants with great achievements. 3) If you are an artist/designer with a fair amount of exhibition history or good media coverage, it's actually easier than you think to get your O1 visa. 4) The best part of O1 visa is that you don't necessarily have to go through an employer to get it, which means that you don't have to maintain an active employment status as you should with H1B visa. | USCIS | |
Free Trade Agreement (FTA) Professional: | H-1B1 - Chile H-1B1 - Singapore | DOL |
International cultural exchange visitor | USCIS | |
Intra-company transferee | USCIS | |
Medical treatment, visitor | (NA) | |
Media, journalist | (NA) | |
NAFTA professional worker: Mexico, Canada | (NA) | |
Performing athlete, artist, entertainer | USCIS | |
Physician | SEVIS | |
Professor, scholar, teacher (exchange visitor) | SEVIS | |
Religious worker | USCIS | |
1) Specialty occupations in fields requiring highly specialized knowledge 2) It is open for application once per year in beginning of April) 3) You can apply for this either from your home country or after coming to the US after you land a job with an employer who is willing to sponsor you with this VISA to work in US.4) If the H1B quota is filled too quickly (by the end of first week), a lottery will happen to decide who gets H1B visa. 5) Not every applicant gets H1B in that year if a lottery happens. 6) Normally, companies would not sponsor H1B VISA if the applicant is not already in the US and able to work (through OPT, CPT or J1). 7) The reason companies would not sponsor H1B VISA if the applicant is not already in the US is because even if an applicant gets H1B after lottery, he/she will not be able to work until 1 Oct that year and companies want employees to start working ASAP. 8) Most companies don't want to wait for at least 6 months for an uncertain hire (if no luck in lottery). 9) Most H1B visa holders were previously F1 visa holder. 10) Its easier for F1 holder to transition into H1B, because F1 OPT provides applicants buffer time to work while employers work on their H1B applications. | DOL then USCIS | |
Student: academic, vocational | SEVIS | |
Temporary agricultural worker | DOL then USCIS | |
Temporary worker performing other services or labor of a temporary or seasonal nature. | DOL then USCIS | |
Tourism, vacation, pleasure visitor | (NA) | |
Training in a program not primarily for employment | USCIS | |
Treaty trader/treaty investor | (NA) | |
Transiting the United States | (NA) | |
Victim of Criminal Activity | USCIS | |
Victim of Human Trafficking | USCIS | |
Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR) | V | (NA) |
| (NA) |
*What the abbreviations above mean - Before applying for a visa at a U.S. embassy or consulate, the following is required:
- DOL = The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
- USCIS = U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
- SEVIS = Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
- (NA) = Not Applicable - Additional approval by another U.S. government agency is not required prior to applying for a visa
Immigrant Visa:
The immigrant visa, or green card, allows a foreign national to stay in the U.S. indefinitely and work for any employer.
The chart below contains different purposes for immigrating to the United States, and the related immigrant visa categories for which information is available on this website. Select a visa category below to learn more:
Immediate Relative & Family Sponsored | |
Spouse of a U.S. Citizen | |
Spouse of a U.S. Citizen awaiting approval of an I-130 immigrant petition | K-3 * |
Fiancé(e) to marry U.S. Citizen & live in U.S. | K-1 * |
Intercountry Adoption of Orphan Children by U.S. Citizens | |
Certain Family Members of U.S. Citizens | |
Certain Family Members of Lawful Permanent Residents | |
Employer Sponsored – Employment | |
Employment-Based Immigrants, including (preference group):
|
E1 E2 E3, EW3 C5, T5, R5, I5 S (many**) |
Religious Workers | |
Iraqi and Afghan Translators/Interpreters | |
Iraqis Who Worked for/on Behalf of the U.S. Government | |
Afghans Who Worked for/on Behalf of the U.S. Government | |
Other Immigrants | |
Diversity Immigrant Visa | |
Returning Resident |
Important Notes:
**Refer to the Foreign Affairs Manual, 9 FAM 502.1 for a listing of all immigrant visa categories.
Canadian NAFTA Professional workers – A visa not required; apply to U.S. Customs and Border Protection (CBP) at border port of entry.
Visa processing in countries other than your home country – known as “third country national” or “TCN” processing – is possible, but may be subject to restrictions at some consulates. It is not possible to revalidate your visa from within the United States, unless you hold a diplomatic visa in the A, G or NATO category.
References:
https://fam.state.gov/FAM/09FAM/09FAM040201.html
https://www.ustraveldocs.com/in/en/step-1
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html