Immigration Home Page
Nonimmigrant Visas
- The H-1B Program for Professional Workers
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Non-Immigrant Visas for Temporary Stay
A non-immigrant is a foreign national seeking to enter the United States (U.S.) temporarily for a specific purpose. Non-immigrants enter the U.S. for a temporary period of time, and once in the U.S. are restricted to the activity or reason for which their visa was issued. They may have more than one type of nonimmigrant visa but are admitted in only one status.
General requirements for foreign nationals seeking temporary admission include, but are not limited to, the following:
• The purpose of the visit must be temporary;
• The foreign national must agree to depart at the end of his/her authorized stay or
extension;
• The foreign national must be in possession of a valid passport;
• A foreign residence must be maintained by the foreign national, in most instances;
• The foreign national may be required to show proof of financial support;
• The foreign national must be admissable or have obtained a waiver for any ground
of inadmissability;
• The foreign national must abide by the terms and conditions of admission.
Entry into the U.S.
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission at the port of entry to any applicant who is inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.
If you need Immigration assistance, please contact Penni Bradshaw at pbradshaw@constangy.com or immigrationinfo@constangy.com.
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