The United States offers a diverse and structured visa system designed to accommodate different purposes of travel, from short-term visits to permanent immigration. Each type of visa comes with its own eligibility requirements, application process, and legal implications, making it important for applicants to understand their options before starting the journey.
Broadly, U.S. visas fall into two main categories:
- Immigrant Visas – for those intending to live in the United States permanently, often leading to a Green Card and the right to work and reside indefinitely.
- Non-Immigrant Visas – for individuals visiting temporarily for purposes such as tourism, business, study, or specialized work.
Choosing the right type of visa is more than a formality. It is a critical step that affects your legal status, opportunities, and long-term plans in the U.S. An incorrect choice or poorly prepared application can lead to delays, denials, or even future immigration complications.
At Gehis Immigration and International Legal Services, we help individuals, families, and businesses identify the most suitable types of visa, prepare strong applications, and in the U.S. immigration process with clarity and confidence. Our experience ensures that each client’s unique circumstances are matched with the best possible legal pathway.
What are Immigrant Visas (Permanent Residency)
It is for those who want to make the U.S. their permanent home.
If your goal is to live, work, and build your future in the United States, an immigrant visa is your pathway. These visas lead to a Green Card, giving you lawful permanent resident status and the chance to become a U.S. citizen eventually. There are several routes you can take, depending on your situation.
1. Family-Based Immigration Visas
Family connections are one of the most common ways to get a Green Card.
- Immediate Relative Visas (IR Category) – For the closest family members of U.S. citizens:
IR-1: Spouse of a U.S. citizen.
IR-2: Unmarried child under 21 of a U.S. citizen.
IR-5: Parent of a U.S. citizen (if the citizen is at least 21).
- Family Preference Categories – For other qualifying relatives:
F1: Unmarried adult children of U.S. citizens.
F2A: Spouses and young children of Green Card holders.
F2B: Unmarried adult children of Green Card holders.
F3: Married children of U.S. citizens.
F4: Brothers and sisters of U.S. citizens (if the citizen is over 21).
- Special Categories – The K-1 fiancé(e) visa allows the foreign fiancé(e) of a U.S. citizen to come to the U.S., get married, and then apply for a Green Card.
2. Employment-Based Immigration Visas (EB Category)
If your skills, expertise, or investments can benefit the U.S., you may qualify for an employment-based Green Card.
- EB-1: For individuals with extraordinary abilities, outstanding professors/researchers, or executives/managers in multinational companies.
- EB-2: For professionals with advanced degrees or exceptional ability.
- EB-3: For skilled workers, professionals, and other workers.
- EB-4: For special immigrants, including religious workers and certain international employees.
- EB-5: For investors who put significant capital into a U.S. business that creates jobs.
3. Diversity Visa (DV) Lottery Program
Every year, 55,000 visas are available to people from countries with low immigration rates to the U.S. If you are selected in the lottery, you can apply for a Green Card provided you meet the eligibility criteria.
4. Special Immigration Categories
Some individuals qualify for a Green Card under unique circumstances:
- Asylee & Refugee Adjustments: Refugees and asylees can apply for a Green Card after one year in the U.S.
- VAWA Self-Petitions: For survivors of abuse by a U.S. citizen or Green Card holder spouse, parent, or child, allowing them to apply independently.
- Special Immigrant Juvenile Status (SIJS): For children in the U.S. who have been abused, abandoned, or neglected and can’t live with one or both parents.
At Gehis Immigration and International Legal Services, we help clients with every type of immigrant visa from reuniting families to securing investor Green Cards. We know how important this step is, and we work closely with you to prepare a strong case and guide you every step of the way.
What are Non-Immigrant Visas (Temporary Stay)
This is for those who plan to stay in the U.S. for a limited time for a specific purpose.
Non-immigrant visas are for people who want to come to the U.S. temporarily. Whether for business, study, work, or travel. These visas have clear time limits and conditions based on why you are visiting.
1. Visitor Visas
If you are coming to the U.S. for a short visit, these are the most common visa types:
- B-1 (Business Visitor): For attending meetings, conferences, or negotiating contracts, but not for working in the U.S.
- B-2 (Tourist Visitor): For tourism, visiting family, or medical treatment.
- Visa Waiver Program (VWP): Citizens of certain countries can visit the U.S. without a visa for up to 90 days for business or tourism.
2. Student & Exchange Visas
Planning to study or take part in an exchange program? These visas apply:
- F-1 (Academic Students): For full-time academic studies at schools, colleges, or universities.
- M-1 (Vocational Students): For non-academic or vocational training programs.
- J-1 (Exchange Visitors): For cultural exchange programs, including scholars, interns, and trainees.
3. Work Visas
If you have a job offer or special skills, here are some common temporary work visas:
- H-1B: For speciality occupations requiring a bachelor’s degree or higher, such as IT, engineering, or healthcare.
- H-2A / H-2B: For temporary agricultural (H-2A) or non-agricultural (H-2B) seasonal workers.
- L-1: For employees transferring within the same company from abroad to a U.S. office.
- O-1: For individuals with extraordinary ability in fields like science, arts, education, or athletics.
- P-1 / P-2 / P-3: For athletes, artists, and entertainers coming for specific events or performances.
- TN Visa: Available under USMCA (formerly NAFTA) for Canadian and Mexican citizens working in certain professional occupations.
4. Transit & Crew Visas
For travelers passing through the U.S. or working on ships or aircraft:
- C-1 (Transit): For immediate and continuous transit through the U.S.
- D Visa (Crew Members): For crew members working on vessels or international airlines.
5. Other Non-Immigrant Categories
There are also visas for special groups:
- R-1 (Religious Workers): For those coming to work temporarily in religious capacities.
- K Visas (Fiancé(e) Visas): For foreign fiancé(e)s of U.S. citizens to enter the U.S. to get married; this is a temporary visa that often leads to adjustment of status to permanent residency.
At Gehis Immigration and International Legal Services, we guide you in choosing the right temporary visa based on your goals, whether it is studying, working, or visiting. We will help you understand the requirements and prepare your application to avoid common issues and delays.
How to Choose the Right US Visa?
Choosing the right visa is a big decision. It can make all the difference in how smooth your U.S. journey will be. The best way to start is by asking yourself a few questions:
- Why are you going to the U.S.? Are you planning a vacation, studying, working, or moving there permanently? Your purpose will narrow down your visa options.
- How long will you stay? Some visas are for short visits, while others open the door to permanent residency.
- Do you meet the requirements? Each visa has its own rules about things like education, job offers, family ties, or investments. Knowing these upfront can save you time and stress.
Once you know your category, paperwork becomes your best friend. Providing complete, accurate documents is not just a formality. It is your proof that you qualify. And once your visa is approved, following the rules is just as important.
Overstaying your visa or using it for something it was not meant for can lead to serious consequences, including being denied entry in the future.
At Gehis Immigration and International Legal Services, we help you determine which visa is best suited to your situation, prepare all necessary documents correctly, and guide you to avoid costly mistakes. Your U.S. journey should start with clarity and confidence, not confusion and uncertainty.
At Gehis Immigration and International Legal Services, we offer:
- Visa Eligibility Assessment: We take the time to understand your goals, background, and timeline so we can match you with the visa that best fits your situation.
- Application Preparation & Review: From gathering documents to filling out forms, we make sure every detail is accurate and complete.
- Handling Denials, RFEs, and Appeals: If your application hits a roadblock, we can respond to Requests for Evidence (RFEs), appeal denials, and help you get back on track.
- Step-by-Step Legal Guidance: We walk with you through the process, explaining each stage in plain language so you always know what’s next.
With our experience in immigration law, we aim to make the process as stress-free as possible while giving you the strongest chance of success.
If you are visiting for a short trip, studying, working, or planning to make the U.S. your home, our legal team is here to guide you through the process with dedication and expertise.
1. How long can I stay in the U.S. with a B1/B2 visa?
A B1/B2 visa is typically issued for business (B1) or tourism/medical visits (B2). While the visa itself may be valid for several years, your actual stay is determined by the Customs and Border Protection (CBP) officer at entry, usually up to 6 months per visit. You must leave the U.S. before your authorized stay ends to avoid overstaying.
2. Can I convert my B1/B2 visa to F-1?
Yes, it is possible to change your status from a B1/B2 visitor visa to an F-1 student visa while inside the U.S., but you must meet all F-1 requirements. This includes being accepted into a SEVP-certified school and applying for a change of status with USCIS before your B1/B2 stay expires. It is important to plan early, as approval can take several months.
3. Can I have both an F-1 and a B-1 visa?
Yes, you can hold multiple valid visas at the same time. However, when you enter the U.S., you must tell the CBP officer the purpose of your visit, and they will admit you under the appropriate visa status.
4. What is a type 4 visa?
The term “type 4 visa” usually refers to the F4 family preference visa, which is an immigrant visa for brothers and sisters of U.S. citizens (when the citizen is at least 21 years old). It’s not an official visa category name used by USCIS, but people sometimes use “type 4” informally to mean F4.
5. Who is eligible for the F4 visa?
The F4 visa is for the siblings of U.S. citizens who are 21 years or older. It also allows the eligible sibling’s spouse and unmarried children under 21 to immigrate as dependents. This visa is part of the family-based immigration system and has a long waiting period due to annual limits.
6. Is an H-1B a green card?
No. The H-1B is a non-immigrant work visa for specialty occupations, valid for an initial period of up to 3 years (and extendable to 6 years). While it is not a green card, it can be a stepping stone for many H-1B holders to later apply for employment-based green cards through their employers.