Visas Generally - What Is a Visa?

A visa is issued by a consular officer at a U.S. embassy or consulate after the officer determines that the holder is eligible to enter the United States. Consular services are the responsibility of the Department of State (DOS). A visa allows its holder to travel to a U.S. port of entry and request admission to the U.S. Once the visa holder arrives, a Department of Homeland Security (DHS) officer determines whether the holder can enter the U.S. and what the terms of the holder's stay will be.

Immigrant visas are designed for people who plan to live permanently in the U.S,. and nonimmigrant visas are designed for those who wish to enter the U.S. only temporarily. No one is entitled to a visa, even if he or she meets the requisite qualifications. More information on visas can be found at www.UnitedStatesVisas.gov.

Immigrant Visas

There are several categories of immigrant visas, including family-sponsored visas, employment-based visas, and diversity program visas.

Family-sponsored immigrants include children, spouses, parents and siblings. Employment-based immigrants include certain priority workers, such as outstanding professors; aliens holding advanced degrees; professionals with bachelor's degrees and skilled workers; ministers; and entrepreneurs. U.S. law also provides for diversity-based immigrants, which allows a certain number of immigrants and their families to enter the U.S. each year based on their countries of origin.

Nonimmigrant Visas

International travelers coming to the U.S. temporarily must obtain visas unless they are citizens of countries that participate in the Visa Waiver Program (VWP) and are personally eligible to participate in that program. More information on the VWP can be obtained at the DOS Web site, http://travel.state.gov.

Because U.S. law presumes that every visa applicant intends to stay in the U.S. permanently, those applying for nonimmigrant visas must show that they do not intend to do so. Depending upon the purpose of the visit, an applicant for a nonimmigrant visa may have to produce different types of evidence to make this showing. A consular officer has the sole authority to issue or refuse visas, and because every applicant's situation is different, the officer may request different documents or ask different questions of one applicant than of another applicant for the same visa type.

Many types of nonimmigrant visas are available, including those for pleasure trips, business trips and trips to receive medical treatment, as well as those for temporary workers, exchange visitors, fiancés and students.