Non-mmigrant visas are specifically for people who are not planning on moving to this country.  It is important that you do not apply for a non-immigrant visa if you intend to adjust status in the near future, however the BCIS understands that people's circumstances change and people here on a non-immigrant visa may need or desire to change their status to immigrant visa.  Reasons for this change can included falling in love and becoming engaged, new work prospects, or change of circumstances in one's country of origin. 

The non-immigrant visas include:

A-1/A-2 Foreign Diplomatic Personnel and A-1/A-2 Dependents: Officers of diplomatic missions and consular posts in the United States, such as ambassadors, public minister, career, or consular officers, and members of their immediate families are admitted to the United States as A-1 visa holders. Other officials and employees accredited by foreign governments, who are accepted by the Secretary of State, and members of their immediate families are admitted as A-2 visa holders. Anyone in the country on an A-1 or A-2 visa is permitted to study if the studying is incidental to the person's visit in the country. Also, the spouse and children of a foreign government official or employee can work in the United States after filing a Form I-566.

A-3 Visa Holders: Attendants, servants, and personal employees of A-1 and A-2 visa holders, and members of the immediate families of these attendants, servants, and personal employees are admitted to the United States as A-3 visa holders. These individuals may work or study in the United States only under the supervision of the foreign government official.

B-1 Visitors for Business: Anyone in the country on a B-1 visitor visa for business is in the country for negotiating contracts for overseas employers, consulting with business associates, attending professional conferences, or conducting independent research. Persons with this visa are permitted to study while in the country if the study is related to their visit, but can only work for a period of nine days for an academic institution. The services provided must be beneficial to the academic institution, and the visa holder cannot work for more than five institutions in a six month period.

B-2 Visitors for Tourism: Anyone in the country on a B-2 visitor visa for tourism is in the country for travel, tourism, and recreational purposes. These individuals are permitted to engage in a study if the study pertains to their visit. They can take English classes for no longer than 18 hours per week and of a short duration. B-2 visa holders cannot work, except for academic institutions for no longer than a period of nine days.

B-2 Prospective Students or Prospective Scholars: Anyone in the country on this visa is in the country strictly for studying and must have the B-2 status changed to F-1 or J-1 as soon as the person receives a Form I-20 or IAP-66 and becomes eligible for full-time study. Such persons cannot obtain any income from any U.S. source, except for academic institutions if they changed their status to F-1 or J-1.

Visa Waivers for Business (VWB) and Tourism (VWT): These waivers are granted to people entering the country without a visa, whose stay in the country does not exceed 90 days. The U.S. State Department designates the foreign countries to whose citizens these waivers apply. These foreign nationals are not permitted to extend their time of stay or work in the country. They can study in the country under the same conditions as B-1 and B-2 visa holders.

C-1, C-2, and C-3 Aliens in Transit: The C-2 and C-3 visas are reserved for Foreign Government Officials in Transit. These individuals are in the process of traveling from one country to another via the United States. They are not permitted to study or work for anyone in the country, except for their foreign government.

D-1/D-2 Alien Crewmen: These visa holders are airmen or crewmen employed on a vessel or on an aircraft with stopovers in the country. These individuals are not permitted to study in the country or receive payment from any U.S. source.

E-1 Treaty Traders: These visa holders are individuals who visit the United States with the purpose of engaging in trade under a treaty between the United States and their country. These persons can study if it is beneficial to the trade and can only be employed by the company they are doing business for under the treaty.

E-2 Treaty Investors: These visa holders are foreign nationals who are in the country to direct and develop the operations of an enterprise in which he/she has invested capital, provided that the enterprise has a treaty with the United States.

F-1 Students and F-2 Dependents of F-1 Visa Holders: F-1 visa holders are foreign nationals who come to the country to study on a full-time basis. They can be employed by the academic institution which is the individual's place of studies, employed off-campus under certain circumstances, or employed by an outside source if it benefits their studies. The dependents of an F-1 visa holder are allowed to come as F-2 visa holders. They are permitted to study part-time or full-time in the country but cannot work or receive payment from any U.S. source.

G-1, G-2, G-3, G-4 Representatives of International Organizations: These visa holders are persons visiting the United States as representatives of a foreign government or organization, such as the United Nations. These foreign nationals are permitted to engage in a study if the study is beneficial to their visit to the country, and can only be employed by their foreign government.

G-5 Personal Employees of G- 1, G-2, G-3, or G-4 Visa Holders: These visa holders are in the country as personal employees of representatives of a foreign nation or a foreign organization, and are permitted to study if the study is beneficial to their stay in the country.

H-1B Temporary Workers in a Specialty Occupation: These visa holders are working for a company in the United States to provide a special service for a specified period of time, which cannot exceed three years at a time. They are permitted to study if it benefits the visit to the country. These visa holders are not permitted to receive payment from other organizations while in the United States.

H-2A Agricultural Workers: These visa holders are in the country to perform agricultural work on a temporary basis and are permitted to study if the course of study is beneficial to their work in the country. These individuals are not permitted to receive payment from any other organization in the country.

H-2B Skilled or Unskilled Workers: These visa holders are in the country to perform a specified job on a temporary basis due to a shortage of qualified United States workers. These persons are permitted to study if it is beneficial to their work but cannot receive payment from any other sources in the country.

H-3 Trainees: These visa holders are foreign nationals who are in the country to be trained for a specific job. These individuals may engage in a study related to their visit but cannot work for any other employer.

H-4 Dependents of H Visa Holders: These visa holders are individuals who are in the United States as dependents of an H visa holder. These persons are permitted to study but cannot be employed in the country.

I Visa: Representatives of Foreign Information Media: These visa holders are members of a foreign country's press and their dependents. These individuals are permitted to study, but the dependents are not permitted to work and the principal aliens can only work for the foreign media.

J-1 Exchange Visitors (Students): These visa holders are permitted to study in the country, which is their primary reason for the visit, and are permitted to work on campus if they wish to do so.

J-1 Exchange Visitors (Scholars, Professors, or Researchers): These visa holders are in the country as visiting researchers or professors, who are permitted to study if it is related to their work, but can only be employed by the Exchange Visitor Program Sponsor.

J-1 (Au Pair) Visa Holders and J-2 Dependents of J-1 Visa Holders: These visa holders are in the country to care for a child as a live-in child care provider. These individuals are permitted to study under the auspices of a J-1 status, and can only receive payment from the host family. The dependents of a J-1 visa holder are allowed to come as J-2 visa holders. These persons are permitted to study in the country, and are permitted to work if they have an Employment Authorization Document.

K-1 Fiancée Visa Holders and K-2 Dependents of K-1 Visa Holders: The K-1 visa is based on the stipulation that an engaged couple will marry within 90 days of the fiancée arriving in the country. The couple also must prove that they have met in person at least one time prior to their meeting in the United States for the first time. The children of the fiancée, unmarried and under the age of 21, are allowed to come as K-2 visa holders.

K-3 Visa Holders and K-4 Dependents of K-3 Visa Holders: A K-3 visa holder is the spouse of a United States citizen, who is allowed to come to the country with this visa before applying for permanent residence. The children, unmarried, under the age of 21, and born to the United States citizen, are allowed to come as K-4 visa holders.

L-1 Intracompany Transferees and L-2 Dependents of L-1 Visa Holders: L-1 visa holders are individuals who have been transferred to the country from an affiliate or subsidiary branch overseas to work in an executive, managerial, or specialist position. Their dependents are admitted as L-2 visa holders.

M-1 Vocational Students and M-2 Dependents of M-1 Visa Holders: These visa holders are foreign nationals enrolled in a vocational school or vocational program in the United States. Their dependents are admitted as M-2 visa holders.

NATO 1-6 NATO Personnel: These visa holders are the personnel of the North Atlantic Treaty Organization, including staff members, attendants, servants, personal employees of the NATO personnel, and members of the NATO armed services.

O-1 Persons of Extraordinary Ability, O-2 Accompanying Personnel, and O-3 Dependents of O-1 and O-2 Visa Holders: These visa holders are persons with extraordinary abilities in the areas of science, arts, business, education, or athletics, who are in the country to work for a sponsoring employer. The dependents of O-1 and O-2 visa holders are allowed to come as O-3 visa holders. O-3 visa holders are permitted to study in the country but are not permitted to be employed.

P-1 Internationally Recognized Athletes or Entertainment Groups and Members of Their Essential Support Personnel: These visa holders are visiting athletes, who are on their own or accompanied by a team. They can study in the country if they wish to do so, but can only be employed by their athletic team or sponsor.

P-2 Artist or Entertainer Under a Reciprocal Exchange Program: These visa holders are artists, whether by themselves or part of a group, who come to perform in the United States.

P-3 Artist or Entertainer in a Culturally Unique Program: These visa holders are artists, who are in the country to teach a specific art form of music, such as folk, cultural, theatrical, or other artistic performance.

P-4 Dependents of P-1, P-2, or P-3 Visa Holders: These visa holders are the dependents of P-1, P-2, or P-3 visa holders. They are permitted to study in the country but are not permitted to work.

Q Participants in an International Cultural Exchange Program: These visa holders are part of a foreign exchange program in the country. They come to the United States to provide training, employment, and to share the history of their foreign country.

R-1 Religious Workers and R-2 Dependents of R-1 Visa Holders: These visa holders are members of a true religious denomination from a foreign country, who carry out the activities and duties of a religious worker. Their dependents are allowed to come as R-2 visa holders. They are permitted to study but are not permitted to work in the country.

S-5 and S-6 Aliens Assisting in Law Enforcement and S-7 Dependents of These Individuals: These visa holders provide important and vital information to United States law enforcement officials regarding criminal investigations. They may partake in a course of study and may obtain employment if they are granted an EAD. Their dependents are permitted as S-7 visa holders.

TN (Trade NAFTA) Visa Holders (Citizens of Canada and Mexico) and TD Dependents: These visa holders are in the country to perform specific services for a specific period of time for a sponsoring employer. Their dependents are allowed to come as TD visa holders.

V Visa Holders: These visa holders are the spouse and minor children of a lawful permanent resident, who are allowed to come to the country as V visa holders prior to applying for permanent residence.

Immigrant visas are issued to people intending to make the United States their permanent residence.  There are a number of different ways to do this.  The include:

• Family-Based Immigrants;
• Employment-Based Immigrants Sponsored by a United States Employer (EB1-EB4);
• Employment-Based Immigrants Creating Employment in the United States (EB5);
• Immigrants Entitled to Refugee or Asylum Status;
• Diversity Immigrants.

Family-based immigrants are divided into five categories: nonquota immigrants and immigrants broken into four categories according to preference status associated with a certain annual quota on immigrant visas. Family-based nonquota immigrants are immediate relatives of a United States citizen. An "immediate relative" is defined as the spouse, a child (unmarried and under 21 years of age), or a parent of a United States citizen (in the case of a parent, the citizen must be over 21 years of age), or the spouse or a child (unmarried and under 21 years of age) of the spouse of a deceased United States citizen under certain conditions.

• Family-based first preference status is accorded to unmarried children (over 21 years of age) of a United States citizen. Adopted children have to meet the statutory definition of an "adopted child".
• Family-based second preference status is accorded to the spouse and unmarried children of an LPR.
• Family-based third preference status is assigned to married children of a United States citizen.
• Family-based fourth preference status is accorded to siblings of an adult citizen of the United States (over 21 years of age). Siblings are required to be the children of a common parent. Stepsiblings and adopted siblings may be also included into this category under certain conditions.

A family-based alien is entitled to receive an immigrant visa if he/she is the beneficiary of an approved immigration petition submitted by the alien or the family sponsor with the USCIS.

Employment-Based Immigrants Sponsored by a United States Employer (EB1-EB4)
There are four categories of employment-based immigrants sponsored by a United States employer (EB1-EB4) reflecting preference status, each category having its own annual quota on immigrant visas.

• Employment-based first preference immigrants - priority workers (EB1) include aliens with extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by national or international acclaim; outstanding professors or researchers recognized internationally as outstanding in a specific academic area; and multinational executives or managers.
• Employment-based second preference immigrants (EB2) are professionals holding advanced degrees or aliens of exceptional ability in the sciences, arts, or business.
• Employment-based third preference immigrants (EB3) include skilled workers capable of performing labor requiring at least 2 years of training or experience, for which qualified workers are not available in the United States; professionals who hold baccalaureate degrees and are members of the professions; and other workers capable of performing unskilled labor, for which qualified workers are not available in the United States (no more than 10,000 visas may be allocated to such "other" workers in any fiscal year).
• Employment-based fourth preference immigrants - special immigrants (EB4) consist of certain ministers and religious workers, certain United States Government employees abroad, certain foreign medical graduates, minors declared dependent on a juvenile court located in the United States, and certain United States Armed Forces foreign enlistees with honorable active duty records.

Before a United States employer can submit an immigration petition to the USCIS, the employer may have to obtain a labor certification approved by the DOL. The DOL has to certify to the USCIS that there are not sufficient qualified workers available to perform such skilled or unskilled labor as the immigrant offers at his/her intended place of employment in the United States and that said employment will not adversely affect other similar workers in the United States. The labor certification requirement applies to EB2 and EB3 immigrants and is waived for priority workers (EB1) and special immigrants (EB4). EB2 immigrants may seek an exemption from the labor certification requirement if their admission is in the national interest. The National Interest Waiver applies to those who can demonstrate to the USCIS that (a) employment is sought in an "area of substantial intrinsic merit"; (b) the proposed benefit of the work is "national in scope"; and (c) the "significant" benefit derived from the individual's participation in the "National Interest" field of endeavor "considerably" outweighs the "inherent" national interest in protecting United States workers through the labor certification process. Members of the teaching profession, those who have exceptional ability in the sciences or the arts, professional athletes, and foreign medical graduates and health workers are subject to special labor certification requirements. To apply for a labor certification on behalf of the alien, the employer must file a completed Department of Labor Application for Permanent Employment Certification form (ETA Form 9089) with the DOL's Employment and Training Administration (ETA).

As of March 28, 2005, all applications are filed under the Program Electronic Review Management (PERM) system of rules and regulations. PERM requires the employer to engage in certain recruitment efforts before filing the application, to attest to the fact that the employer has been unable to find a qualified United States worker for that position, and to maintain documentation of the recruitment efforts for 5 years. The system is intended to streamline and expedite the process of obtaining an alien employment certification. With online filing, the decision on a labor certification is completed within 45-60 days. The drawback of having to use PERM is that this system is hypersensitive to minor typing errors in dates or checking a wrong "yes"/"no" box when answering numerous detailed questions. In addition to being accurate, one has to pursue the correct strategy in answering these questions.

Employment-Based Immigrants Creating Employment in the United States (EB5)
Employment-based fifth preference immigrants - immigrant investors (EB5) are seeking to enter the United States for the purpose of engaging in a new commercial enterprise in which the alien has invested (after November 29, 1990) capital in an amount not less than $1,000,000 (the amount may be less - only $500,000 - if the investment is made in a rural area with high unemployment - at least 150% of the national average, and may be greater if the investment is made in a metropolitan area with low unemployment). These investors are not subject to the labor certification requirements.

The USCIS allows capital to be in the form of cash, equipment, inventory, other tangible property, cash equivalents, or debt secured by assets owned by the foreign investor, who must also be personally and primarily liable. The capital must not be contributed in exchange for a note, bond, convertible debt, obligation, or any other debt arrangement between the foreign investor and the new commercial enterprise. The assets of the new commercial enterprise may not be used to secure any of the foreign investor's debt. The capital is estimated at fair market value in United States dollars and should be acquired by lawful means. There may be other investors who have invested in the new commercial enterprise used as the basis for the foreign investor's petition, but as long as the petitioner's individual investment is in the required amount and results in the creation of at least 10 full-time positions (at least 35 hours per week) for qualifying employees (i.e. those lawfully authorized to be employed in the United States), the USCIS requirements are met.

Immigrants Entitled to Refugee or Asylum Status
Refugees are defined as those who are persecuted or have a "well-founded fear of persecution" on account of race, religion, nationality, membership in a particular social group, or political opinion; and who are outside any country of their nationality or, in the case of those having no nationality, are outside any country in which they last habitually resided, and are unable or unwilling to return to that country and to avail themselves of its protection. The labor certification requirement does not apply to individuals seeking refugee status. A person who has been forced to comply with, or persecuted for failure to comply with, or for resistance to, a coercive population control program is deemed to have been persecuted on account of political opinion, and a person who has a well-founded fear of persecution on account of political opinion. The statutory definition of the term "refugee" does not include war refugees or displaced persons who flee areas of armed conflict for reasons other than persecution or a well-founded fear of persecution on one of the enumerated grounds in the statute. The government may also admit any refugee determined to be of "special humanitarian concern" to the United States. Participants in persecution, murderers, and those firmly resettled in a foreign country (i.e. those who have been offered resident status, citizenship, or some form of permanent resettlement by that country) are ineligible for refugee status. The application for refugee status may be filed with the USCIS or with a United States consular office.

Asylum seekers must be physically present in the United States or at a border or port of entry and demonstrate that they qualify as refugees. Asylum involves a two-step process: a finding of statutory eligibility for refugee status, and a discretionary decision whether to grant asylum. Those who persecuted others, have been convicted of a serious crime, are a danger to the security of the United States, or are firmly resettled in a third country may not be granted asylum. Asylum applications may be filed with the USCIS, the asylum office, or the Immigration Court in certain cases.

Diversity Immigrants
Since October 1994, there has been an annual lottery program in place called the Diversity Immigrant Program (commonly known as the Green Card Lottery).

Lottery visas are distributed among six geographical regions: Africa: all continental countries and neighboring islands; Asia: from Israel to North Pacific Islands including Indonesia; Europe: from Greenland to former Soviet Union; North America: the Bahamas; Oceania: Australia, New Zealand, Papua New Guinea, and all countries and islands in the South Pacific; South America: Central America, Mexico, and the Caribbean countries. The natives of India, Pakistan, and North America are viewed as over-represented in the United States and, therefore, are excluded. However, individuals born in Bangladesh (which was part of India) and the Bahamas (which are part of North America) do qualify. Certain other narrow exceptions may also apply. The natives of countries from which the United States has received over 50,000 immigrants during the last 5 years are considered "high admission" and are not eligible for the program. These countries vary from one year's lottery to the next. A greater proportion of visas goes to regions with lower immigration rates in the United States.

Eligible aliens must also have either a high school education or its equivalent, or within the past 5 years have 2 years of work experience in an occupation that requires at least 2 years of training or experience. "High school education or its equivalent" means successful completion of a 12-year course of elementary and secondary education in the United States or successful completion of a comparable formal course of elementary and secondary education in another country. Under the INA, the labor certification requirement is waived for this immigrant category.

Applications are submitted to the Department of State (DOS) and approvals are generated randomly by software. The lottery winners then apply for an immigrant visa or AOS to obtain the green card. An approved diversity immigrant application is valid only within the fiscal year of the selection, and if the USCIS or the consulates are unable to issue an immigrant visa or adjust status to permanent resident status before the end of the fiscal year, the application is automatically revoked.