Nonimmigrant Visas

Nonimmigrant visas are those that allow a person to enter and remain temporarily in the United States for specific reasons such as tourism, work, study, medical treatment, or business.

Important: These visas do not grant permanent residency or automatically lead to a Green Card (although some may allow you to apply for one under certain conditions).

Nonimmigrant Visa Classification

Depending on the purpose of travel, the most common nonimmigrant visas are grouped into the following categories:

B1 Visa – Temporary Business

Allows temporary entry into the U.S. to conduct business without establishing a direct employment relationship with a U.S. company.

Examples of use:

Negotiation of contracts.

Consultations with business partners.

Participation in conferences.

Purchase of property for investment purposes (without permanent residence).

It does not allow:

Work directly or receive a salary from a US company.

B2 Visa – Tourism or Medical Treatment

Designed for those visiting the U.S. for pleasure, vacation, or medical reasons.

Examples of use:

Tourist trips.

Family or social visits.

Specialized medical treatments that can only be performed in the U.S.

It does not allow:

Study or work during the stay.

H-1B Visa – Temporary Work for Specialized Professionals

This visa allows U.S. employers to temporarily hire foreign nationals with a college education or equivalent experience in specialized occupations.

Requirements:

Have a university degree (bachelor’s degree or higher) related to the position.

Alternatively, demonstrate equivalent work experience (3 years of experience = 1 academic year).

Obtain a labor certification from the Department of Labor (Labor Condition Application).

Be sponsored by a US employer.

Duration and renewal:

Initially granted for up to 3 years.

It can be renewed once, for a maximum total of 6 years.

Advantage:

This visa may allow the bearer to apply for permanent residence (Green Card) for employment reasons.

R-1 Visa – Temporary Religious Workers

Designed for members of legally recognized religious organizations in the United States who wish to enter the country to perform religious functions.

Eligibility:

Ministers, nuns, monks, priests, consecrated brothers or sisters.

They must have belonged to the religious organization for at least 2 years prior to the application.

Those who perform administrative, cleaning or maintenance tasks are not eligible.

O-1 Visa – Individuals of Extraordinary Ability

Awarded to foreigners who have demonstrated exceptional abilities in fields such as:

Sciences

Education

Arts

Business

Sports

Film and television

Requirements:

National or international recognition.

Clear evidence of outstanding achievements (awards, publications, public recognition, etc.).

Contract or invitation from a US employer or sponsor.

The following may also apply:

Essential assistants to the main owner.

Spouses and children under 21 years of age under the O-2 and O-3 categories.

Frequently Asked Questions (FAQs)

Can I change my immigration status if I enter on a nonimmigrant visa?

In some cases, yes. For example, those entering with a B1/B2 visa can request a change of status (e.g., to a student visa or work visa) if they meet the requirements and complete the process within the allowed timeframe. Doing so without legal advice is not recommended, as it may have immigration consequences.

Do B1/B2 visas allow you to work?

No. B1 and B2 visas do not allow you to work in the United States or receive payments from a U.S. company. They are exclusively for business (non-employment) or tourism/health activities.

How long can I stay in the US on a B1 or B2 visa?

The authorized length of stay is generally up to six months, although this is determined by the immigration officer upon your entry. You can also request an extension of your stay, as long as you apply before the expiration date.

Can I apply for a Green Card with an H-1B visa?

Yes. The H-1B visa is a dual-intent visa, meaning you can intend to apply for permanent residence while maintaining your temporary employment status.

How long does it take to process a nonimmigrant visa?

It depends on the type of visa and the country from which it is being applied. On average, B1/B2 visas can take 2 to 8 weeks, while visas such as the H-1B or O-1 can take several months. It’s a good idea to check the wait times at the relevant consulate or embassy.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.