In this blog post, Shantanu Pandey, from Rajiv Gandhi National University of Law Punjab, describes the different types of US Visa and the procedure which is needed to be followed in order to apply for them.
Getting a visa is being considered to be one of the most complicated processes which a person has to go through before going out of the country. Here we would take into consideration the different types of US visas and the procedure which is needed to be followed in order to apply for them.
Types of Non-immigrant Visas
B1, B2 Visa
This visa has to be obtained by the person who wants to travel the United States for the purpose of business activities or tourism. Specifically, a B1 visa is needed to be obtained by an individual who is to visit the United States for the purpose of negotiating a contract, consult the state officials, settle an estate, attend a conference or a seminar. Whoever is travelling to the United States to participate in a musical program, athletics tournament must obtain either the B1 visa or B2 visa depending upon their purpose of travel.
Who should take B1 visa
If you are visiting the US to negotiate or sign any contracts
To meet state
Procedure for applying for this visa
The first step to apply for this visa is to complete the online application form by completing the DS 160 form.
This is a kind of electronic form which is needed to be filled by the applicant applying for the US Visa.
Need for this form
This form is required to be filled by the applicants intending to establish the authenticity of the procedure.
It was being brought into picture to speed up the process of the application
After filling this application form, one must print the application confirmation form to bring at the time of interview.
Further, one must upload his photograph, provided, the photo must not be older than six months, and it should be photo without spectacles or any other fancy thing. However, if you are applying for a nonimmigrant visa using the DS 160 form, in that case, one must upload his digital photograph at the time of filing the Visa application form. In case one is applying for a nonimmigrant visa using the DS 260 form then one must additionally provide two identical photos of 2×2 size, and the photos must be in JPEG format.
The next step one must follow is that he must schedule a visa interview. However, there is no interview for those who are less than 13 years or above 80 years of age.
Once you have scheduled a visa interview, you must then pay the fee for the issuance of the visa
Followed by the payment of Visa fee, one must gather the required documents for the Visa. The documents one must have at the time of Visa interview are:
A passport which is valid for six months beyond your period of stay in the United States
Nonimmigrant Visa Application, DS 160 confirmation form
Application Fee payment receipt in case the fee is required to be paid before the Visa interview.
Additional Documents Required
One may need to furnish additional documents at the time of Visa Interview to establish the following:
The purpose of your trip
The duration of your trip
Your ability to pay the cost of your trip
The last step before getting a visa is that one must attend the Visa interview. Furthermore, at the time of your interview, you will be asked to give fingerprints, and a digital photograph would be taken. After this, you will be informed how to collect your passport and visa if you are being issued a valid visa by the US consular office.
Exceptions in case of a medical treatment or a domestic worker visa
One requires a few additional documents at the time of the interview if one is travelling to the United States for medical treatment. Here is a list of additional documents you will require in case you are travelling to the United States for a medical treatment
Medical diagnostics from a local practitioner, stating the specifications of your ailment and the reason for the treatment in the United States
Letter of confirmation from a physician or medical facility in the United States stating their willingness to treat your ailment and a projected length of all the costs included in the treatment.
Proof that your living expenses and medical expenses would be paid in the United States.
In case you are travelling to the United States as a domestic worker then you can get this visa if your employer is
A U.S. citizen who has a permanent home or is stationed in a foreign country, but is visiting or is assigned to the United States temporarily; or
A foreign citizen who is in the United States on one of the following nonimmigrant visa categories: B, E, F, H, I, J, L, M, O, P, or Q
Exchange Visitor Visa (J1Visa)
A foreigner who wishes to participate in exchange visitor program conducted by the United States must firstly obtain this visa. Short-term scholar, intern, government visitor, professor, physician, student are legally eligible to get this kind of visa.
Procedure to obtain this Visa
Generally, one will have to go through the same procedure for obtaining this kind of visa. However, subject to the exceptions one has to gather some extra documents in consideration to the rules laid down to apply for this visa.
The first step before you can apply for this visa, is to be accepted by the sponsored institution to participate in the student exchange visa program which is being conducted by the sponsored institution and the program is the same in which you intend to participate in, then you would be registered under the Student Exchange Visa Program.
Once you are registered under the Student Exchange Visa program, you must then pay the I-901 fee. One exception in relation to the procedure of the fee of the visa is that applicants applying for this visa are not required to pay the fee if one is participating in the department of state, a US agency for international development or a federally funded educational or cultural exchange program having a program serial number starting from G1, G2,G3 or G7 which is printed upon the DS 2019 form. They are also not required to pay the Visa issuance fee.
Additional Documents Required
Certificate of Eligibility for Exchange Visitor Status- This form is also known as DS 2019 form, is being provided by the Student Exchange Visa Program to every applicant applying for this visa once your name is entered into the SEVIS system. All spouses and applicants must obtain a separate DS 2019 form in order to be eligible for the issuance of the VISA.
Internship Placement Form(DS 7002)- Any intern or trainee who has been chosen for the exchange program and is applying for this visa mandatorily requires this form at the time of interview.
Under the US law, there is a provision that the holder of this visa must visit his home country for two years after the completion of the exchange program.This provision is being laid down under Section 202 of the Immigration Nationality Act.
Crew Member Visa (D Visa)
One needs to obtain this type of visa, in case he is working on board vessels or on international airlines. Anyone, who wants to be on board during the normal operation provided, one is intending to depart within a period of 29 days. One exception to this rule is that if one is visiting the United States with the intention to join the vessel, he will work on, then it is mandatory for him to obtain a transit visa along with this visa. One exception is that in the case of this visa one would be required to provide evidence for his transit, letter from an employer to join the vessel. Another rule is that in case one is obtaining a transit visa along with this visa then he/she may be issued a combination of this visa. On the other hand, you are required to pay the visa issuance fee only if it applies to your nationality.
Foreign Diplomat or government official Visa (A visa)
One is required to obtain this visa in case he is travelling to the United States for the sole purpose of engaging in activities on behalf of the national government of the home country. However, there is an exception to this rule, the head of the state qualifies for A visa regardless of his position in the home country. Non-government officials travelling to the United States. One rule, in this case, is that the domestic workers or employers of the A1 visa holders are to be mandatorily interviewed.
Additional Documents Required
A diplomatic note- In order to obtain this visa, one is required to obtain a diplomatic note in addition to the other documents. The diplomatic note is issued by the government of your home country. The note should contain the following relevant details
The government official’s or employee’s name, date of birth, position and title, place of assignment or visit, purpose of travel, a brief description of his or her duties, travel date, and the anticipated length of the tour of duty or stay in the United States, and the names, relationships, and date of birth of any dependents and other members of household who will be accompanying or joining the government official or employee.
In the case of an immediate family member who is applying separately from the principal visa applicant, an I-94 form is also required to obtain this visa. One exception, in this case, is that applicant obtaining diplomatic passports are exempted from paying the visa fee.
Diplomat and Foreign Government Official Visa (A3 Visa)
This kind of visa can be obtained by the employers or domestic workers of the diplomats. There are a few additional documents required for this visa along with the mandatory documents required for every visa. The employment contract should be written in English language or in other cases, in a language which is being understood by the employer. The contract should contain the following details.
Description of Duties
Hours of work
Minimum wage
Overtime work
Payment
Transportation to the United States
The employers and domestic workers must keep their passport and a copy of the contract with them.
Employees of international organisation (G Visa)
If one wants to travel to the United States, with a view to being the employee of an international organisation, then one is required to obtain a G visa in order to travel to the United States.
These visas are required to be obtained by a person who is are permanent mission members of a recognized government to a designated international organizations and their immediate family members(G1 Visa), representatives of a recognized government travelling on a temporary basis to the United States with a view to attend meetings of a recognized international organization and their immediate family members(G2 Visa), Representatives of a non-recognized or non-member government and their family members (G3 Visa),Individuals coming to the United States to take up an appointment at a designated international organization, including the United Nations, and their immediate family members(G4 visa). Personal employees of the G1 to G4 visa holders(G5 visas)
Procedure for applying for G Visas
In the case of an interview procedure, the G1 to G4 visa holders generally do not require an interview. Though, an embassy consular might say to you to attend an interview. On the other hand, there is a compulsion to the attendants and personal employees(G5 Visa holders to give an interview. One exception to this rule is that the G1 to G4 visa holders who are on an assignment and are reapplying for their visa would require a DS 1648 form.
North Atlantic Treaty Organization Visa
One is needed to obtain this kind of visa in case one is travelling to the United States as under the provision of an agreement under the North Atlantic Treaty Organization or the protocol existing upon the provision of North Atlantic Treaty Organization. This includes national representatives, international staff, and immediate family in the category of (NATO 1 to NATO 6)visa. Personal employees would be issued NATO 7 visa. One exception to the rule of passport and visa is that most of the armed forces personnel are exempted from the from the passport and visa requirements under the following circumstances
Legally attached to the allied NATO headquarter in the United States and are travelling on official business.
Entering the NATO forces under the NATO status agreement.
Family members are not being exempted from passport and visa requirements. Therefore they are required to obtain
The military personnel must present their official identification card and the NATO travel orders.
H1 B Visa
In case someone wants to travel to the United States with the objective of work, then one is needed to obtain this visa. This kind of visa is obtained by a person who is being appointed in the United States as a person with a speciality occupation. It requires education and merit and skills, government to government research and development.
H2 A Visa
Generally, temporary agricultural workers are needed to obtain this visa. Seasonally nationals of designated countries subject to various exceptions and in the interest of the United States
Additional requirements to obtain this visa
These types of temporary worker visa require the prospective worker to file a petition with the U.S.citizenship and immigration services. The first and foremost requirement to apply for this visa is to obtain a labour certification from an authority of a labour department. Another additional requirements to obtain this visa is the form I-129(petition on behalf of the non-migrant worker). After that, the petition is being filed under the appropriate authority. Once the petition is being approved, the prospective employer issues a notice of action which is denoted as form I-797.
In addition to these documents, one will require the receipt of the approved petition in order to obtain this visa.
L Visa
In case, an individual wants to work in a company which is a company which is a subsidiary company of the employer, in which the applicant is already employed in, then one is needed to obtain this kind of visa. One must apply for this visa in case one wants to work on an executive or managerial or a position requiring specialised skill or knowledge. In order to obtain this visa, one must be employed by the employer continuously for a period of 1 year within the preceding three years. These visa applicants must be included in an L blanket petition. Once you are being included in an L blanket petition, one must bring I 129 S form with them at the time of interview
F1 Visa (Student Visa)
If an individual wants to enter the United States with a view to pursuing their higher studies, then one is required to obtain this visa. However, an exception to this rule is that if wants to visit U.S for a short period then a B visa would be appropriate.
Procedure to apply for this visa
Before one applies for this visa, one must apply and be accepted for the Student Exchange Visitor Program(SEVP). Once you are being accepted by the school, you will be then enrolled in the Student Exchange and Visitor information system. You must then pay the I 901 fee. Once you have paid the fee, you will then be provided by an I 20 form by the school, which you must produce to the counsellor at the time of your interview.
Additional Provisions in relation to this Visa
In case one is a new student who has applied for this Visa, then you would be issued an F1 visa or an M1 visa 120 days before the course you have applied for is beginning. However, you would not be allowed entry into the United States before 30 days of the starting of the course for which you have applied. In addition to this, it is being provided that continuing students must enter the United States at any time before the starting of their course.
Other additional documents might also be required as an evidence of your preparation which might include
Your transcripts, degrees, diplomas or certificate from the schools you attended
Standardized test scores required by the US school you have applied for.
Once intention, to depart from the United States upon the completion of the course.
Mode of payment of educational, living and travel costs.
Types of immigrant visas
IR1 or CR 1
In case one wants to migrate to the United States permanently, and his/her spouse is a US citizen, then one can do so by obtaining any of these visas.
Procedure to apply for this visa
In order to obtain this visa, the first step one must adopt is filing a petition with the Department of Homeland Security, US Citizenship and US services by filling a form called I-130 for your spouse to immigrate to the United States. In order to be eligible to sign a petition one must be at least 18 years of age to sign the Affidavit of Support (Form I 864 and I 864-EZ)
Once the petition is being signed by the US citizen, after that the petition will be sent to the National Visa Center. Once received, the National Visa Centre will request you to fill form DS 261, choice of address and address of the agent. In case, one already has an attorney, then one will be not be required to fill the DS 261.After the filing of this form, one will be requested to pay the visa fees. After that, you will be requested to submit the required documents along with application form, civil documents and more.
Things for which fee is being charged
Filing of petition for an alien relative, Form- I 130
Processing of the application, DS 260
Medical examinations and required vaccinations
Other costs include transaction charges, photocopying charges, etc.
The fee is required to be paid only if demanded by the National Visa centre.
Additional Documents Required
Affidavit of support- An affidavit of support signed by the US citizen for the spouse is mandatory to be brought to the venue of the interview. These include I-864, I 864A, I 864EZ, I 864W
Form DS 260, immigrant visa and alien registration application.
Civil Documents- The category of civil documents include, Birth Certificate, Marriage Certificate(original copies)
Completed Medical Examination Form
Category of vaccinations required –
Measles
Meningococcal
Mumps
Pneumococcal
Polio
Rotavirus
Rubella
Tetanus
Varicella
Hepatitis A
Hepatitis B
Influenza
Influenza type b (Hib)
E1, E2, E3 and E4 (Employment Visas)
These visas are generally needed to be obtained by the persons who want to travel to the United States with a view to seeking employment in the United States
The first step to apply for this visa is obtaining a labour certification from the Department of labour, once it is received, the applicant applying for the visa must then file an immigrant petition for labour Worker, Form I-140
Employment First Preference(E1 Priority Workers)
The applicant falling under this category must be a beneficiary of an approved immigrant petition for foreigner worker. Applicants of this visa are not required to obtain a labour certificate. These include persons with extraordinary capability, Outstanding professors and research scholars, Multinational managers, and executive.
On the other hand, E2 visa applicants include, persons holding an advanced degree, persons, with exceptional capacity. Generally, E3 visa applicants include skilled workers, professionals.
Provisions with regard to E4 applicants – Certain special applicants are being included in this category. They need an I30 form instead of an I 40 form
Procedure to apply for these Visas
Once your petition for the visa has been approved, it is then sent to the national visa centre which then assigns you the date of your interview. The applicant will then be instructed by the National Visa Centre to fill the form(DS 261). Once, the applicant has filled up the form then, the applicant is required to pay the fee. After, the fee is being paid one would be requested by the NVC to submit the required documents.
Financial Requirements
When one goes for the interview, one must prove that one will not be a burden to the United States and would be able to bear the costs. In case the applicant who has applied for the visa must fill the I – 864 form.
One must be subjected to complete the medical examination prior to the interview. Once the visa is being issued to you, you will be provided with a sealed packet which you must not open by yourself rather, it must be opened by the counsellor at the time when you enter the United States
Diversity Immigrant Visa
Section 203(c) of the Immigration Nationality Act provides for a class of immigrants which are called diversity immigrants with historically low rates of immigration to the United States. According to the 2018 DV program countries like, Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam are not eligible. However, persons born in Hong Kong and Taiwan are eligible. However, it is to be noted that there is no registration fee to be given this time to obtain this visa
Procedure to apply for this Visa
The first step one must take into consideration in order to obtain this visa is that one must submit his/her entry through the electronic visa website i.e., www.dvlottery.state.gov during the specified registration period. Once the applicant submits the entry, he would then receive a confirmation screen containing the name of the applicant and a unique number. One must retain this number for the interview prospect through this number only. One must fill the entry on his own, without the help of any visa consultant.
Once the applicant has filled the entry then, he would be notified whether the entry of the applicant is selected or not. In order to check the status of the application, one must enter the unique confirmation number which the applicant had received at the time the applicant had submitted his entry.
If the application of the applicant is being selected, then the applicant would be directed to the page which would provide further information regarding the payment of fee and other applications. The applicants must then confirm his qualifications in consideration to the provided guidelines. One must have completed his higher education (10+2) in order to obtain this visa
He must also possess the work experience of minimum two years in order to obtain this visa. After completing this step, one must submit his application by filling up the DS 260 form. One must then prepare the supporting documents required for this visa. After this lastly, the applicant should give the interview and travel to the United States.
The application should contain the name of the spouse, children, adopted children, unmarried children below 21 years of age. There are various other kinds of US visa for which the Indian citizens can apply and get admitted to various kinds of courses
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