Nonimmigrant visas are for temporary residence in the U.S., whereas immigrant visas provide for permanent residence. Many nonimmigrant visa categories require that foreign nationals demonstrate nonimmigrant intent – proof that they have a residence in a foreign country which they have no intention of abandoning. Other nonimmigrant visa categories permit dual intent – the intent to either reside temporarily or permanently in the U.S.
Depending on the appropriate visa category, an employer may have to file a petition before the Department of Homeland Security (DHS) through U.S. Citizenship and Immigration Services (USCIS) to determine initial approval for the individual. If the individual is outside the U.S., he or she presents then this visa petition approval to a U.S. consulate to obtain the appropriate category of visa stamp in his or her passport. Only then can the individual seek admission to the U.S. and receive legal nonimmigrant status in the appropriate visa category.
U.S. immigration laws specify many different categories of nonimmigrant visas based on the nature of the employment, the involvement of training, the special talents of the individual, and/or the nationality of the individual, among other factors. Following an initial consultation, Maggio + Kattar provides a thorough analysis of the available nonimmigrant visa options and prepares proactive, comprehensive solutions customized for our individual and organizational clients.