What are the different Non-Immigrant Visa (NIV) classes?

If you’re a citizen of a foreign country, in most cases you will need a visa to enter the United States.

A visa does not permit entry into the U.S.  A visa simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined that you are eligible to enter the country for a specific purpose. Visa determinations are the responsibility of the U.S. Department of State.

A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.

It is important to remember that you will need a specific type of NIV to match your purpose of travel.  The following is a list of the most common NIV classifications and what they can be used for:

Visas for Business and/or Pleasure

• B1 – This visa is for people conducting temporary business related activity in the United States.  Those traveling on B-1’s may not receive a salary from a U.S. based source during their travels.  Examples of persons that may use a B-1 visa are: domestic workers, those receiving training, professional athletes, and lecturers.
• B2 – This visa is for people traveling to the U.S. for medical treatment or tourism.
• B1/B2 – This is a combination visa that allows to the holder to travel in the U.S. for both business and pleasure.

Note: Mexican citizens may receive a B1/B2 Border Crossing Card (BBBCC) or a B1/B2 Border Crossing Visa (BBBCV).  The BBBCC is a credit card sized visa that is commonly called a “Laser” visa.  The BBBCV has all the advantages of the BBBCC but is placed in your passport.  Wait times are significantly different for these two visa, with the BBBCC taking 4-6 weeks and the BBBCV taking one week or less, so please remember to notify the interviewing Consular Officer of your intended date of travel.

Visas for Student

These visas are for those planning on studying in the U.S.  Please keep in mind that all student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS.  You will need to submit this form when you are applying for your student visa. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application. Unless otherwise exempt, participants whose SEVIS I-20 was issued on or after September 1, 2004 must pay a SEVIS I-901 Fee to the Department of Homeland Security for each individual program. The receipt from the payment of this fee must also be brought to the interview.

• F1 – This visa is for Students that are traveling to the U.S. to study in an academic or language program.  The spouse and dependent of a F1 visa holder may be eligible to receive a F2 visa.
• J1 – This visa is for those applicants that are participating in an approved exchange program.  The spouse and dependent of a J1 visa holder may be eligible to receive a J2 visa.
• M1 – This visa is for those students that are would like to receive training in the U.S. for vocational or non-academic reasons. The spouse and dependent of a M1 visa holder may be eligible to receive an M2 visa.

Temporary work visas

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. If you want to work in the U.S. temporarily, under immigration law, you need a specific visa based on the purpose of your travel and type of work you will be doing. To learn more, please see Temporary Workers and Employers-Hiring a Foreign National for Short-Term Employment(PDF_886.46KB) and Employer Information on the USCIS website.

In order to be considered as a nonimmigrant under the below classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).  Once approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act. Remember there are annual numerical limits on some classifications, which are shown in parentheses:

• H-1B - classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100).
• H-2A - classification applies to temporary or seasonal agricultural workers.
• H-2B - classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000).
• L - classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.
• O-1 - classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.
• O-2 - classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;
• P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized (25,000).
• P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program.

The following are non-petition based visas that can be used for working temporarily in the U.S.

• E-1 - classification applies for a national of a country with which the United States maintains a treaty of commerce and navigation and who is coming to the United States to carry out substantial trade, including trade in services or technology, principally between the United States and the treaty country.
• E-2 - classification applies for a national of a country with which the United States maintains a treaty of commerce and navigation and who is coming to the United States to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.
• TN - classification allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional. 

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada or Mexico
• Profession is found on the list located in NAFTA Appendix 1603.D.1
• Professional Canadian or Mexican citizen has the qualifications of the profession  
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted