pba main logo gold med res.webp

PUBLIC BAR ASSOCIATION

Back to All Articles Immigration

Overview of the U.S. Visa Process

Educational Information Only. Not Legal Advice.

The content on this page is for informational purposes and does not constitute legal advice. Laws can vary by jurisdiction and change over time. For advice on a specific situation, please consult a qualified attorney.

What is a U.S. Visa?

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler's passport. A visa does not guarantee entry to the U.S.; it simply indicates that a U.S. consular officer has determined that you are eligible to apply for entry for a specific purpose.

Two Main Categories of Visas

U.S. visas are divided into two primary categories:

  • Nonimmigrant Visas: For temporary stays in the United States. This includes visas for tourism, business, temporary work, or study. Each nonimmigrant visa has a specific purpose and a limited duration.
  • Immigrant Visas: For foreign nationals who intend to live and work permanently in the United States. An immigrant visa is the first step to becoming a Lawful Permanent Resident (Green Card holder). Most immigrant visas are sponsored by a U.S. citizen or lawful permanent resident relative, or by a U.S. employer.

Common Types of Nonimmigrant Visas

  • B-1 / B-2 (Visitor Visa): For tourism, vacation, visiting family and friends, or short-term business activities like attending meetings or conferences.
  • F-1 (Student Visa): For academic studies at an accredited U.S. school or university.
  • H-1B (Specialty Occupation Visa): For temporary workers in professional-level jobs that require a bachelor's degree or higher. This visa requires sponsorship from a U.S. employer.
  • K-1 (Fiancé(e) Visa): For the foreign-citizen fiancé(e) of a U.S. citizen to travel to the U.S. and marry their sponsor within 90 days of arrival.

The General Application Process

While the specific steps vary greatly depending on the visa type, the process for a nonimmigrant visa generally involves the following:

  1. Determine Your Visa Type: First, you must identify the correct visa category for your purpose of travel.
  2. Complete the Online Visa Application (DS-160): This is the main application form. You will need to upload a photo that meets the specific requirements.
  3. Pay the Application Fee: A non-refundable, non-transferable application fee is required before you can schedule an interview.
  4. Schedule and Attend an Interview: Most applicants are required to attend an in-person interview at a U.S. embassy or consulate in their home country. A consular officer will ask questions about your application, your ties to your home country, and your reasons for travel to determine your eligibility.
  5. Decision: After the interview, the consular officer will decide whether to approve or deny your application. If approved, your passport will be returned to you with the visa inside.

Immigrant visa processing is typically much more complex and lengthy, starting with a petition filed with U.S. Citizenship and Immigration Services (USCIS) by the U.S. sponsor. U.S. immigration law is extremely complex. This overview is for educational purposes only, and it is highly recommended to consult official government sources or an experienced immigration attorney for specific guidance.