U.S. immigration law defines an immigrant visa as a type of visa document which allows a foreign national to enter into the U.S., and eventually apply for lawful permanent residency. Lawful permanent residents are generally granted the same rights as natural-born citizens, such as the right to work in the country, as well as the right to pursue citizenship.
Immigrant visas can be thought of as three broad categories. Generally speaking, a person seeking an immigrant visa must find a person or organization who will petition them to relocate to the U.S. Because of this, immigrant visas are generally categorized according to the applicant’s relationship to their petitioner.
An example of this would be the following types of immigrant visa categories:
- Family-Based: The petitioners may include immediate relatives, close family members, fiancés, and other people who are willing to help the applicant receive their visa
- Employment-Based: Employers may act as a petitioner, in order to petition a worker to relocate permanently to the U.S
- Special Immigrants: An example of special immigrants as employees would be religious workers, or applicants from selected countries
It is important to note that, for some employment-based immigration visas, work certification may be required. The employer will need to verify that the person is filling a legitimate employment need.
How Is It Different From a Non-Immigrant Visa?
Immigrant visas are characterized by the applicant’s general intent to relocate permanently to the United States. This is in contrast to other types of non-immigrant visas in which the applicant only intends to stay temporarily, such as student visas or temporary work visas.
An applicant for nonimmigrant status must show that they do not intend to stay or live permanently in the United States. There are certain factors that may exclude an applicant from receiving a non-immigrant visa, such as a criminal felony record.
What Are the Most Common Types of Nonimmigrant or Temporary Visas?
If a person is traveling for purely business purposes, they will need a temporary B-1 Visitor visa for Business. B-1 Visas allow business travelers of other countries enter into the United States for temporary business purposes only, as visitor visas are not allowed to accept permanent employment. A B-1 visa is used for a variety of business related activities, including but not limited to:
- Consulting with business associates
- Attending a scientific, educational, professional, or business convention, conference, or seminar
- Giving a lecture at one of the aforementioned events
- Running and maintaining a business
- Conducting independent research at a scientific or educational institution
- Participating in a voluntary service program
- Participating in a sporting event, such as a professional athlete traveling to compete in the Olympics
To reiterate, those with B-1 visas generally may not receive salaries or money from U.S. sources.
Another type of temporary visa would be the F-1 visa, which is required for foreign students to study in the U.S. Under the F-1 visa, students may be employed under certain circumstances. Generally speaking, students will be allowed to remain in the U.S. for the duration of their studies, plus one year of authorized Optional Practical Training (OPT). This is training in their area of study. Additionally, students may stay another sixty days in order to prepare to leave the U.S., or transfer to another school to continue pursuing their studies.
F-2 visas are issued to the spouse and minor children of foreign students who have been granted F-1 visas. They are intended to allow dependents of foreign students to accompany them while they are studying in the United States. It is important to note that dependents on an F-2 visa cannot study full time at the college) level. In order to be allowed to study for a degree, the dependent must apply for an F-1 visa of their own. However, children are allowed to attend K-12 schools full time and spouses may take part-time classes that are vocational or recreational in nature. Examples of such classes would be cooking or language classes.
An H-1B visa is a specific type of work permit, allowing an immigrant to work for an employer in the United States temporarily in a specialty occupation. A person may hold a H-1B visa for a maximum of six years, which can be issued in increments of three years at a time. Only under certain circumstances can an employee hold a H-1B visa for a period beyond the six-year period. There are only 85,000 H-1B visas given per year, and distribution is generally restricted to those who have received an advanced degree from a U.S college or university.
It is important to note that, all new petitions filed after September 21, 2025 by employers who are trying to employ an H-1 worker from abroad using an H-1B visa petition will be required to pay an additional $100,000 fee through the United States Treasury website.
This fee does not apply to previously filed petitions or already existing visas. It is essential to seek legal counsel on this issue, as the requirement may be updated in the future.
Three other common temporary visas include:
- I Visa: The I visa is used by representatives of foreign media on assignment in the United States. It is for the purpose of disseminating information or news to be distributed outside of the United States.
- What this means is that the I visa is not for entertainment projects, such as fictional films created solely for entertainment value.
- J-I Visa: The J-1 visa allows entry for those in cultural exchange programs, and is also known as one of the exchange visitor visas.
- They are available for participants in programs sponsored by schools, businesses, and other U.S. State Department authorized institutions.
- T-1 Visa: The purpose of the T-1 visa is to protect victims who are physically present in the U.S. due to human and/or sex trafficking.
- In order to receive a T-1 visa, victims must have had contact with law enforcement, either by reporting a crime or by responding to questions.
What Else Should I Know About Temporary Visa Laws?
Some immigrants may be permitted to enter the United States without having to go through the regular visa application procedures. This is referred to as a visa waiver.
Some examples of criteria for obtaining a visa waiver include, but may not be limited to:
- The recipient’s stay must amount to ninety days or less
- The immigrant must be a citizen of a visa waiver country
- All recipients must possess a valid passport
- Immigrants are generally required to provide a round trip ticket with their return date
- Recipients must fill out certain forms from the Bureau of Citizenship, as well as Immigration Services
No matter the visa being sought, whether temporary or nonimmigrant, you will be subject to a maximum length of stay in the United States. This is because these visas are issued for a limited length of stay. As such, if the Bureau of Citizenship and Immigration Services have reason to believe that you intend on staying past that date, they could revoke your temporary visa.
In order to obtain any kind of visa, you must first schedule an appointment for a visa interview at a U.S Embassy or Consulate of your country. Alternatively, this appointment may take place at any U.S Embassy or Consulate. However, it is best to schedule an appointment in the country of your permanent stay.
What Happens if Someone Overstays Their Temporary Visa?
When someone overstays their temporary visa, it can mean they immediately lose their legal status. This means their visa is cancelled and they can face deportation.
They may also be banned from returning to the United States for anywhere from three to ten years. It can also cause them issues getting another visa in the future. The longer that they remain in the country unlawfully, the more likely their punishment severity will increase.
Immigration and Customs Enforcement (ICE) can detain individuals who are suspected of breaking immigration laws, which would include someone who overstayed their temporary visa. ICE is also allowed to detain someone who has paid a criminal bond at the state level.
It is important for people who are in the U.S. on temporary visas to know the rights they have when interacting with ICE. They are allowed to exercise the right to remain silent when asked about their immigration status and decline to consent to searches.
How Are Temporary Visas and Citizenship Issues Related?
An individual may be in the United States on a temporary visa and find themselves involved in another type of citizenship issue or case. For example, if someone has a child while in the U.S., that child may be referred to as an anchor baby because it may serve as an anchor to help its parents or other extended family members immigrate to the U.S.
When the child is 21, they can petition the USCIS for immigrant status for their non-citizen parent or parents. This may be considered a controversial issue, along with birthright citizenship, because having a child in the United States may be perceived as a pathway to eventual citizenship for the child’s parents who entered the country with a travel visa or illegally.
The child can then establish residence legally in the U.S. and seek legal entry for their parents and extended family members. In addition, when an undocumented alien has a child who is a citizen, they may be less likely to be deported and may be more likely to be granted permanent status. This area is subject to change under the law, as will be discussed below.
Children born to individuals in the United States on temporary visas may also be eligible to receive birthright citizenship. This means that, regardless of the citizenship of the parents, because the child was born in the U.S., they receive citizenship.
This status is also one that is subject to change, especially with changes in presidential administrations, which will be discussed below. Because of the potential for future updates and changes in the law at any time, it is essential to consult with an immigration lawyer for any temporary visa and citizenship issues or concerns.
What Is Political Asylum and Refugee Immigration Status?
Political asylum is a status that is sought by someone who is already in the United States who fears being persecuted in their home country. Refugee status is for those who want to come to the U.S. because they fear persecution in their home countries.
An applicant for refugee status can apply while they reside outside of the U.S. When an individual’s refugee application is accepted, they become a political refugee.
These are also areas of law that can change at any time in the future, especially with changes in the presidential administration, which will be discussed below.
What Are Examples of How These Categories of Law Can Change?
The following are executive orders signed in 2025 by President Trump that impact each area of immigration law discussed above and demonstrate how immigration laws can be updated, especially with changes in presidential administrations.
- Executive Order Realigning the United States Refugee Admissions Program (USRAP): Limits how immigrants can legally enter into the U.S.
- USRAP is suspended pending further evaluation
- Allows refugees to be admitted on a case-by-case basis
- Executive Order Guaranteeing the States Protections Against Invasion: Bars anyone from entering the U.S. at the southern border, including those who are asylum seekers
- Some can be admitted on a case-by-case basis by the Secretary of State and Department of Homeland Security
- Executive order Protecting the Meaning and Value of American Citizenship: Ends birthright citizenship
- One parent must be a permanent resident of the U.S. or a citizen
- Birthright citizenship will not be given to children whose parent is in the country on a temporary visa
- Enforcement prevented by a preliminary injunction
- Executive Order Protecting the American People Against Invasion: Outlines enforcement policies for illegal entry, unlawful presence, and removing individuals unlawfully present
- Expands expedited removal
Do I Need an Attorney For Issues Involving a Temporary Visa?
If you wish to apply for a temporary visa, or are experiencing issues related to your temporary visa, you should consult with a local experienced immigration attorney as soon as possible. Each different type of visa has its own criteria as well as procedural rules, and failure to comply could result in serious legal issues.
An experienced attorney can help you determine which type of visa you should apply for, as well as assist you throughout the application process. Finally, should any legal issues arise, your immigration attorney will also be able to represent you in court, as needed.
LegalMatch’s no-cost lawyer-matching services can help you find an immigration lawyer near you to help with your temporary visa issue or concern in a short amount of time. As discussed above, immigration laws and requirements are subject to change at any time, so having an attorney handle your case is very important.
LegalMatch lawyers are prescreened and licensed and many offer free consultations, meaning that you may be able to speak with several immigration attorneys in your area at no cost and find someone who works with your budget and with whom you are comfortable working. Get started right now finding the immigration lawyer near you who can resolve your temporary visa issue or concern.
