Non-Immigrant Visas
What is a Non-Immigrant Visa?
A non-immigrant visa is a request to enter the United States to accomplish a specific purpose, such as visiting, studying, or working in a specialty job, after which the applicant will return to their home country. The purpose of the trip determines what type of visa is required for the applicant.
A visa issued for one purpose may not be legally used for another purpose without receiving the proper permission. For example, if an individual has received a Business/Tourist visa, they are not authorized to work in the United States on that visa.
The Law
The Immigration and Nationality Act, which governs U.S. visa issuance, presumes that all aliens seeking to enter the U.S. are intending immigrants, and defines non-immigrants as persons who can overcome the presumption of intending immigration. In this instance, a temporary visitor applying for a non-immigrant visa must establish that he or she:
• has a residence in Afghanistan that he or she does not intend to abandon;
• is willing to come to the U.S. for a definite period of time;
• will depart upon the conclusion of the visit;
• has permission to enter a foreign area after his or her stay in the U.S.; and,
• has access to sufficient funds to cover expenses of the visit and return passage.
Visa Validity
A visa’s validity is the period during which the traveler may use a visa to apply for admission to the U.S. It does not indicate the length of time the visitor may stay. At the port of entry, the U.S. Department of Homeland Security authorizes the traveler’s admission to the United States and determines the period of authorized stay. For example, an individual issued a five-year multiple-entry Business/Tourist visa may travel to and from the United States until the expiration of the visa, but may never stay longer than authorized at the port of entry (usually no longer that six months in one trip).
Applicants should be aware that a visa does not guarantee entry to the United States. At the port of entry, an inspector may deny admission to the holder of a valid visa if the traveler’s activities do not appear to be compatible with the specified visa category.
Timing: Applicants are encouraged to apply for a visa 8-10 weeks in advance of planned travel. Administrative processing in Washington may extend further the time required to process the visa application. Please plan accordingly.
Caution: Failure to use a visa responsibly and to follow U.S. law may make a person ineligible to receive future U.S. visas.
Visa Validity
A visa’s validity is the period during which the traveler may use a visa to apply for admission to the U.S. It does not indicate the length of time the visitor may stay. An office of the U.S. Department of Homeland Security authorizes the traveler’s admission to the United States and determines the period of authorized stay. For example, an individual issued a five-year multiple-entry Business/Tourist visa may travel to and from the United States until the expiration of the visa, but may never stay longer than authorized at the port of entry (usually no longer that six months in one trip).
Applicants should be aware that a visa does not guarantee entry to the United States. At the port of entry, an inspector may deny admission to the holder of a valid visa if the traveler’s activities do not appear to be compatible with the specified visa category.
Timing: Applicants are encouraged to apply for a visa 8-10 weeks in advance of planned travel. Administrative processing in Washington may extend further the time required to process the visa application. Please plan accordingly.
Caution: Failure to use a visa responsibly and to follow U.S. law may make a person ineligible to receive future U.S. visas.