Immigration Statuses Demystified
Immigration statuses can be confusing.
This resource explains various statuses in simple terms. If the information you are seeking isn’t listed yet please contact us, and we will update the site.
Non-Immigrant Visitor Visas
A nonimmigrant visa meaning allows non-Americans to enter into the United States but must leave after a certain period
B2 Tourism Visa: If you are coming to the United States for tourism, you must acquire a B2 visa. This visa is often combined with the B1 visa. With this visa you can: visit family or friends in the U.S., sight see, participate in social events, and receive medical treatment.
The United States allows citizens of 41 countries to enter into the country without a B2 visa. Instead, they are allowed to travel under the Visa Waiver Program (VWP), and must complete an online verification program acquiring the ESTA (Electronic System for Travel Authorization).
B2 visas and VWP vary greatly in the period visa holders are allowed to stay in the United States. Those with a VWP may only stay for 90 days while those with a B2 can stay up to 6 months.
J1 Exchange Visa: The J-1 visas (people who visit for a special program) are for those who want to teach, study, learn new skills, or do research in the United States. The Department of State gives permission to certain groups to be sponsors and help these visitors. These programs promote cultural exchange through by sharing knowledge and skills in education, arts, and science.
Examples of J-1 recipients include professors, researchers, students, trainees, teachers, specialists, au pairs, and camp counselors.
While not all recipients of the J-1 come to work in the U.S. those that do only may work as a part of their program. Check with your sponsoring group you to know if there are any rules about working in the United States.
B-1 Temporary Business Visitor: If you will be conducting business while in the U.S. you may be able to receive a B1 visa. Examples of what is considered a reason for a B1 include: business meetings, conference, negotiating contracts and or trainings. You can also use this visa if you're just passing through the U.S. or if you're an air crew member. To qualify for this visa you must be able to prove:
the purpose of your trip
the duration of your stay
ability to fund travel and other expenses
residence outside the U.S.
H-1B Speciality Occupation Visa: With this program, US employers are able to hire non-immigrant employees to work in the U.S.. A speciality occupation is one defined as requiring the equivalent of a bachelors degree or higher. For those looking to acquire this visa there are a few requirements such as:
An official job offer from a U.S. employer
Education level of bachelors degree or higher
The H-1B visa is a competitive visa due to the cap (85,000 visas total). Private-sector companies must register for the H-1B lottery. If the employer is selected then they may file for a visa.
Humanitarian Status
ASYLUM AND REFUGEES
Asylum and refugee status are very similar. The main difference between the two is where those seeking protection are. Refugees are located outside of the United States while asylees are within the U.S. or at the border. These groups are seeking protection on the grounds of a well founded fear of persecution based on one of the five following:
race
religion
nationality
political opinion
membership in a particular social group.
HUMANITARIAN PAROLE
A temporary measure, often relying on a case by case basis, humanitarian parole allows individuals who would otherwise not be allowed to temporarily enter and live within U.S. borders. This is not an official status and individuals are expected to leave once the parole period ends.To do this, they must be able to prove they can finance themselves while in the United States or have a sponsor who will.
This is most commonly used for emergency situations such as receiving medical treatment, attending a funeral, appearing in U.S. legal proceedings, or visiting a terminally ill family member.
TEMPORARY PROTECTED STATUS (TPS)
Temporary protected status is given to those who are already within the United States. A renewable status determined by the Department of Homeland Security, for those whose country of origin facing armed conflict, environmental disasters, epidemics, or other extraordinary circumstances. For those with TPS there are many benefits which include:
The ability to get permission to work
Cannot be removed from the U.S. or detained by DHS because of immigration status
May be allowed to acquire permission to travel outside of the United States and return
TPS is given for periods of 6, 12, and 18 months depending on designation. If the country continues to experience unsafe conditions these periods can be renewed.
Student Visas
If you want to study in the United States all the time, you usually need a special visa. There are two kinds, called F and M visas.
To get an F-1 or M-1 visa, you need to:
Be studying in a school or program that has been approved.
Be studying full-time.
Be able to speak English or be learning it.
Have funding to pay for your studies and living expenses.
Plan to go back to your home country after your studies finish.
The F-1 Visa is for students who want to study full-time at a school or program in the United States. This could be a college, university, or even a high school. You have to be studying for a degree, diploma, or certificate, and your school needs to be approved by the U.S. government.
The M-1 Visa is for students in vocational or job training programs. This means you're learning a skill or trade, like fixing cars or hairdressing, instead of going to a regular school.
