Visa Attorney in the United States

Types of US Visas

Below is a breakdown of the main US visa categories.

A Visas: Diplomatic Visas

A visas are reserved for official government representatives and their households. There are three subcategories:

• A-1 covers heads of state, cabinet members, and senior diplomats.
• A-2 is for other accredited officials and government employees.
• A-3 applies to personal attendants and domestic workers employed by A-1 or A-2 holders.

Spouses and minor children qualify for the same visa class as the primary holder. All A-3 applicants must complete a consular interview. These visas are issued at a U.S. embassy or consulate in the home country and are typically valid for three years.

B Visas: Visitor Visas

B visas cover temporary travel to the United States. Two types exist:

• B-1 (Business Visitor): For attending meetings, conferences, negotiations, or settling an estate. This is not a work visa.
• B-2 (Tourism/Pleasure): For leisure travel, visiting family, receiving medical treatment, or participating in unpaid amateur events like sports tournaments.

Important note: a visa’s validity period controls when you can enter the U.S. How long you can actually stay is determined by the Customs and Border Protection officer at the port of entry, not the visa itself.

Some travelers from certain countries may qualify for the Visa Waiver Program (VWP), which allows visa-free stays of 90 days or less.

E Visas: Treaty Trader and Investor Visas

E visas are for nationals of countries that have trade or investment treaties with the United States.

• E-1 (Treaty Trader): Requires substantial trade between the U.S. and the applicant’s home country.
• E-2 (Treaty Investor): Requires a significant investment in a U.S. business.
• E-3: Exclusively for Australian nationals in specialty occupations.

These visas can be renewed indefinitely as long as the qualifying conditions remain in place.

F and M Visas: Student Visas

Students coming to the United States need a visa tied to the type of school they are attending.

• F-1 is for academic programs at accredited colleges, universities, and language schools.
• M-1 covers vocational and technical training programs.

F-1 students may be eligible for Optional Practical Training (OPT) after completing their program. Both visa types require enrollment in a Student and Exchange Visitor Program (SEVP)-certified school.

G Visas: International Organization Visas

G visas are issued to representatives of international organizations recognized by the United States, including the United Nations and its affiliated bodies. These visas cover the principal representative as well as staff and their immediate family members.

H Visas: Temporary Work Visas

H visas bring skilled and specialty workers to the U.S. on a temporary basis. The main subcategories are:

• H-1B: For workers in specialty occupations requiring at least a bachelor’s degree.
• H-2A: For temporary agricultural workers.
• H-2B: For temporary non-agricultural workers in industries facing labor shortages.
• H-3: For trainees in programs not available in the applicant’s home country.
• H-4: For spouses and children of H-1B holders.

H-1B visas are subject to an annual cap, and demand far exceeds supply most years. Timing and preparation matter.

I Visas: Media and Journalist Visas

Representatives of foreign media, including reporters, film crews, and journalists, need an I visa to work in the United States. This covers employees of foreign newspapers, radio stations, television broadcasters, and film production companies.

J Visas: Exchange Visitor Visas

The J visa supports cultural and educational exchange programs authorized by the U.S. Department of State. Common participants include:

• Students and scholars
• Research scientists
• Medical trainees and physicians
• Au pairs and camp counselors
• Government visitors

Some J visa holders are subject to a two-year home residency requirement before they can apply for certain other visa categories.

K Visas: Fiancé(e) and Spouse Visas

K visas connect U.S. citizens with their foreign national partners and family members. Our marriage and family visa attorneys handle these cases regularly.

• K-1 Visa: Allows the fiancé(e) of a U.S. citizen to enter the U.S. to marry within 90 days.
• K-2 Visa: For unmarried children under 21 of a K-1 visa holder.
• K-3 Visa: Allows the foreign national spouse of a U.S. citizen to enter the U.S. while an immigrant visa petition is being processed. Although the K-3 visa remains available under federal law, relatively few are issued today because many immigrant petitions are processed before a K-3 visa becomes necessary.

Careful preparation and complete documentation can help reduce avoidable delays, although USCIS processing times vary based on the facts of each case. A lawyer for visas in this category helps avoid costly delays or denials.

L Visas: Intracompany Transfer Visas

L visas allow multinational companies to transfer employees to U.S. offices. There are two types:

• L-1A: For executives and managers.
• L-1B: For workers with specialized knowledge.

The employee must have worked for the company abroad for at least one continuous year in the three years prior to transfer.

O Visas: Extraordinary Ability Visas

O visas recognize individuals who have reached the top of their field.

• O-1A: For people with extraordinary ability in science, education, business, or athletics.
• O-1B: For those with extraordinary achievement in film or television.
• O-2: For support staff who are essential to an O-1 holder’s performance.

Because O visa petitions require extensive documentation, many applicants choose to work with a US visa attorney to help prepare and organize the required evidence.

P Visas: Athletes and Entertainers

P visas cover professional athletes, entertainment groups, and their essential support personnel.

• P-1A: For individual athletes competing at an internationally recognized level.
• P-1B: For members of an internationally recognized entertainment group.
• P-2: For artists and entertainers coming through a reciprocal exchange program.
• P-3: For artists or entertainers presenting culturally unique programs.

R Visas: Religious Worker Visas

R visas are for ministers and non-minister religious workers employed by a nonprofit religious organization in the United States. The applicant must have been a member of the religious denomination for at least two years prior to applying.

S Visas: Informant Visas

S visas are issued in limited circumstances to individuals who assist U.S. law enforcement in criminal or terrorism investigations. These are rare and require formal certification from a federal or state law enforcement agency.

T and U Visas: Trafficking and Crime Victim Visas

• T Visa: For victims of human trafficking who are cooperating with law enforcement in the investigation or prosecution of their traffickers.
• U Visa: For victims of certain serious crimes who have suffered mental or physical abuse and are helping law enforcement.

Certain applicants who meet statutory requirements may later become eligible to apply for lawful permanent residence.

Immigrant Visas: Family-Based Categories

Family-based immigrant visas let U.S. citizens and lawful permanent residents bring immediate relatives to the U.S. permanently. These fall into two main groups:

Immediate Relative Visas (no annual cap):

• IR-1/CR-1: Spouse of a U.S. citizen
• IR-2: Unmarried child under 21 of a U.S. citizen
• IR-5: Parent of a U.S. citizen (petitioner must be 21 or older)

Family Preference Visas (subject to annual limits):

• F1: Unmarried sons and daughters of U.S. citizens
• F2A/F2B: Spouses, children, and unmarried sons and daughters of permanent residents
• F3: Married sons and daughters of U.S. citizens
• F4: Siblings of U.S. citizens

Other family-based paths include child visas and adoption visas.