How can I apply for a non-immigrant visa?
What is the difference between Non-immigration and Migration visas according to U.S. rules from India?
According to the U.S. immigration rules & regulations, the major difference between non-immigrant visas and immigrant visas is the purpose and duration of the stay in the United States.
Non-immigrant visas are applied for temporary stays in the United States for a precise purpose, like tourism, business, education, or provisional work. These visas naturally have a restricted duration and may even limit the type of work or activities the visa holder can engage in.
Alternatively, immigrant visas are intended for entities who plan to reside permanently in the United States. These visas are delivered to people who are qualified for permanent residency or a green card, and they permit the visa holder to live and work in the United States indefinitely. Immigrant visas are delivered to individuals supported by a U.S. citizen or permanent resident family member, an employer, or sometimes via a humanitarian program.
Regarding the application process, non-immigrant visas naturally need less documentation and are handled immediately than immigrant visas. Though, non-immigrant visas may need extra documentation to represent the stay's purpose and duration as per the proof of financial support and ties to the home country.
Finally, non-immigrant visas are planned for temporary stays in the U.S. for an explicit purpose, while immigrant visas are planned for permanent residency in the U.S. Therefore, the application process and necessities differ between the two types of visas, and it's important to carefully deliberate which type of visa is suitable for your situation.
What is the difference between Non-immigration and Migration visas according to the U.S. from India?
Here is a tabular comparison of non-immigrant and immigrant visas according to U.S. rules from India:
| Non-Immigrant Visa | Immigrant Visa |
|---|---|
| It is a Temporary visa | It is a Permanent visa |
| Allows for temporary stay in the US | Permits for permanent residency in the US |
| Examples include: B-1/B-2 (tourism/business), F-1 (student), H-1B (employment), J-1 (exchange visitor), L-1 (intra-company transferee), etc. | Examples include: EB-1 (employment-based), EB-2 (employment-based), EB-3 (employment-based), family-based visas (IR, F, and K visas), etc. |
| Does not need a path to citizenship | Can lead to a path to citizenship |
| Typically, does not require a labor certification or other wide documentation | Often requires a labor certification or other extensive documentation |
| May need a return ticket or proof of financial support during their stay | Does not need a return ticket or proof of financial support while they stay |
| Does not confer any entitlement to apply for a green card or permanent residency | Confers the right to apply for a green card or permanent residency |
| Processing time is usually shorter than for immigrant visas | Processing time is usually longer than for non-immigrant visas |
Note: Rules and necessities for each visa type can differ depending on the precise circumstances of the applicant, so it's always a good idea to consult with an immigration attorney for personalized advice.
FAQ's
What is a green card?
A green card is a document that demonstrates an individual's permanent residency in the United States (U.S.). It is also known as a Permanent Resident Card.
What is the difference between a non-immigrant visa and a green card?
A non-immigrant visa permits an individual to enter the United States temporarily for a precise purpose, while a green card grants an individual permanent residency in the United States.
How can I apply for a non-immigrant visa?
To apply for a non-immigrant visa, you must first govern the type of visa you require and finish the application process, which includes completing the online application form, scheduling an interview at a U.S. embassy or consulate, and paying the visa application fee.
How can I apply for a green card?
To apply for a green card, first fix the suitable category for your eligibility, such as employment-based, family-based, or refugee/asylum-based. The application process differs according to the category but typically includes filing an application, submitting supporting documentation, & attending an interview.
Can I work in the United States on a non-immigrant visa?
Yes, some non-immigrant visas, including H-1B and L-1 visas, temporarily permit individuals to work in the United States for a specific employer.
Can I travel outside of the United States while on a non-immigrant visa?
Yes, as long as your visa is still valid, you can travel outside of the United States and return as long as you confirm the entry requirements.
Can I apply for a green card while on a non-immigrant visa?
Yes, in certain cases, individuals may be able to apply for a green card while on a non-immigrant visa. Though, the application process and eligibility necessities will entirely depend on the individual's conditions and the sort of green card they are applying for.
What is a refugee/asylee?
A refugee is an individual/ Person who has fled their home country for the reason of persecution or a well-founded fear of persecution in reference to their race, religion, nationality, political opinion, or membership in a specific social group. An asylee is an individual/ person who has been approved for asylum in the United States.
How can I apply for refugee/asylee status?
In order to apply for refugee/asylum status, you should first meet the eligibility requirements, including being outside of your home country and having a well-founded fear of persecution. The application procedure comprises filing an application, submitting supporting documentation, and attending an interview.