How Temporary Visas Work

A foreign national who wishes to come to the United States, but does not intend to permanently live there, can apply for a temporary visa to come to the United States.  A temporary visa allows foreigners to live, and possibly work, in the United States for a limited period of time.

Do I Need a Temporary Visa to Travel to the United States?

If you come from a country which is part of the Visa Waiver Program, you can come to the United States for less than 90 days for business or pleasure without a visa.  If you come from a country which is not a participant, or if you want to stay for more than 90 days, then you need to apply for a temporary visa to enter the United States.  The list of participating countries can be found on the USCIS website at http://uscis.gov. A B-1 visa is for business purposes and a B-2 visa is for recreational purposes. If you going to the United States to marry a U.S. citizen, you can apply for a K-1 visa, and your unmarried children under age 21 can file for a K-2 visa. 

Do I Need to Get a Temporary Work Visa to Work in the United States?

Anyone who wishes to work in the United States, even for a temporary or seasonal basis, must have a temporary work visa. In order to get a work visa, the U.S. employer must petition for you to come to the United States to work and the employer must pay the corresponding fees.

How Do I Get a Temporary Visa?

If you are traveling to the United States for business or pleasure, you can go to the USCIS website and fill out an application for the appropriate visa.  You will then go to the U.S. Consulate closest to you for a personal interview (the Consulate may determine a personal interview is not necessary). The U.S. Consulate will either approve or deny your request for a visa.

Do I Need a Lawyer to Help Me?

The United States values diversity and welcomes people from all over the world to visit. 

The process for getting a temporary visa is fairly simple and fast and as long as your intent is to stay in the United States only temporarily, there should be no need for legal assistance.  If you travel to the United States on a temporary visa and soon after arriving in the U.S. you attempt to adjust your status to that of a permanent resident, you may be removed from the U.S. and you risk losing admissibility status in the future.

A temporary visa is only required if you are not from a country participating in the Visa Waiver Program or if you are planning on staying in the United States for more than 90 days.  There are many different kinds of temporary visas and it is recommended that you check with your local U.S. consulate to determine what visa best suits your circumstances.