The non-immigrant visa (NIV) classification covers a broad range of visas used to enter the United States for work, pleasure or study. When you get an NIV, the United States government assumes that you will perform a specific activity for a limited time. The Law Offices of Evelyne M. Hart routinely applies for various nonimmigrant visas along with changes and extensions of status. The NIV is different from lawful permanent residence (green card). With a NIV you must return home. With a green card, you establish your residence in the United States and can potentially become a United States Citizen. A NIV will never lead to citizenship.

Some visas are considered “dual status”, meaning that you may attempt to obtain permanent residency (a green card) while under that classification. Most non-immigrant visas, however, require you establish the demonstration of non-immigrant intent. This means you should demonstrate that you have a permanent residence in your home country that you have no intention of abandoning. The duration of time you may spend in the U.S. can range from a few days to several years, depending on the visa. In most situations, your spouse and unmarried children under the age of 21 may accompany you as dependents.

The E-1, E-2, H-1B and L-1 non-immigrant visas allow dual intent (non-immigrant intent and immigrant intent). In other words, a person holding those types of visas whose applications for a labor certification or permanent residence is pending will still be able to renew their non-immigrant visas.