Thinking about moving to the U.S.?
While there are a few pathways to make that happen, the most common way to legally enter the United States is by obtaining a visa.
After all, visas can open up incredible opportunities to live and work in the U.S.
That said, it’s important to know that visas come with their own set of rules, restrictions, and complexities. The process can also involve long wait times.
So, while a visa offers an exciting way to begin your journey in the United States, figuring out which visa you need and how to apply can feel pretty overwhelming.
To help you get started, we’ll walk you through the basics: U.S. visa options available, what the process looks like, and important considerations to keep in mind as you make your way to the U.S.
Let’s dive in!
What Is a U.S. Visa?
A U.S. visa is a travel document placed in your passport that allows you to enter the U.S. for a specific purpose—namely, work, study, or tourism.
Most foreign nationals need a visa to get into the country. Visas come in two main categories:
- Non-immigrant visas: Issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment, and certain types of temporary work.
- Immigrant visas: For foreign nationals who intend to live and work permanently in the U.S.
While there is much to learn about visas, it’s important to have a few things clear from the start.
To begin with, visas do not guarantee entry into the U.S. While a visa allows you to travel to a U.S. port of entry, your right to entry is not a sure thing. U.S. Customs and Border Protection (CBP) officers will make the final decision upon your arrival.
Also, while some people use the terms “visa” and “green card” interchangeably, they are two different things. A green card provides permanent residency in the U.S., and means you are a lawful permanent resident. Meanwhile, both non-immigrant and immigrant visas have a set duration.
However, as a visa holder, you may be able to qualify for a green card, in a process called “adjustment of status.”
U.S. Visa Types
While U.S. visa options come in many forms and categories, beyond the immigrant and non-immigrant distinction, you can think of them as falling into three main categories: work, study, and family-based visas—with the lottery visa being a special category.
While we can’t possibly go into detail on all the different U.S. visa types, we have listed some of the more common ones below.
Not sure which visa to apply for? Use this Visa Wizard tool to help you understand which category is right for you.
Work Visas
If you want to work in the U.S., you can apply for a temporary (non-immigrant) or permanent (immigrant) work visa.
Permanent work visas, such as the EB-1, EB-2, EB-3, EB-4, and EB-5, are typically for people with specialized skills, education, or professional experience.
Many permanent worker visas require a job offer from a U.S. employer who must first obtain labor certification, proving that no qualified U.S. workers are available for the job. These visas can also extend to your spouse and children.
Temporary work visas, meanwhile, are for people who plan to work in the U.S. for a fixed period. Common examples include:
- H visas for specialized workers and seasonal labor.
- O visas for individuals with extraordinary abilities.
- L visas for those transferring within a company.
- B-1 visas if you’re considering a short-term business trip of up to six months.
It’s important to remember that these visas can be competitive, and there are often strict requirements.
You should apply early, make sure your documentation is always in order, stay updated on any changes in immigration laws, and be prepared for processing delays.
Student Visas
If you wish to study in the U.S., the F and M visa categories are your main options. These visas allow you to study at U.S. institutions, and may also extend U.S. entry to your spouse and children.
The M-1 visa is for students attending vocational or non-academic institutions, other than language training programs.
However, the most common student visa is the F-1. This is for academic students enrolled in accredited schools, such as universities, colleges, or even high schools. As an F-1 student, you:
- Must maintain a full course load.
- Can work on-campus during your first year, but not off-campus.
- Can work off-campus after your first academic year; however, there are specific restrictions that may limit your ability to make money.
Both the F-1 and M-1 visas are temporary and require you to leave the U.S. after completing your studies. However, there are ways to extend your stay or even transition to a green card.
Family-Based Visas
Whether you’re an immigrant in the U.S. looking to bring a relative over, or you’re living abroad and hoping to join a family member in the U.S., sponsorship is one way to make that happen.
There are two main types of family-based immigrant visas:
- Immediate relative visas are for close family members of U.S. citizens, like spouses, unmarried children under 21, and parents. There is no cap on how many of these visas can be issued each year.
- Family preference visas are for other relatives of U.S. citizens, and for spouses and unmarried children of legal permanent residents/green card holders. There is a limited number of these visas available each year.
The process to sponsor a relative can be complex, with variables including the visa category and whether the sponsor is a U.S. citizen or a green card holder.
If you move forward with sponsorship, be prepared to deal with a lot of paperwork, interviews, and even years of waiting.
Bonus: Diversity Immigrant Visa Program (DV Program)
Also referred to as the “green card lottery,” this U.S. government program offers 55,000 immigrant visas each year, with applicants selected randomly by computer.
While 55,000 might sound like a lot, the competition is incredibly fierce: over 9.5 million people applied in 2023 alone! This means the chances of “winning” are about 1 in 172, assuming you meet eligibility requirements.
The lottery is open to people from countries with historically low immigration rates to the U.S. This provides a unique opportunity for individuals and families to secure permanent residency, even without family connections or a job offer in the U.S.
To be eligible for the DV program, you must:
- Be born in a qualifying country (a list that varies every year).
- Have either a high school education or two years of work experience in the last five years in a qualifying job.
The DV program application process is free, with forms available online each year from October to November. If chosen, you and your immediate family can apply for a green card.
Navigating the Complex U.S. Visa System
The U.S. immigration system is known for being complicated, with a lot of different rules and procedures depending on your situation.
While we can’t provide all the specifics, we’ve outlined some helpful considerations below to keep in mind as you work through the process.
Application Process
The application process for a U.S. visa can vary depending on several factors including:
- The U.S. visa type you’re seeking.
- Whether it’s for temporary or permanent residence.
- Your own unique circumstances.
That said, many applicants will face similar requirements, including:
- Completing key forms like Form I-129 (for non-immigrant work-based visas), Form I-140 (for immigrant work-based visas), and/or Form I-130 (for family sponsorship).
- Getting employers or family members involved in your application as petitioners or sponsors.
- Providing supporting documents such as birth certificates, marriage certificates, proof of employment, medical exam results, educational certificates, criminal records, and more.
- Fingerprinting and background checks.
- Attending an in-person interview at a U.S. consulate or embassy.
Visa application costs can also differ depending on the U.S. visa option, although most run into hundreds of dollars per applicant.
Processing Delays and Backlogs
When it comes to how long it takes for a visa application to be processed and approved, there’s no straightforward answer. Many different variables can affect the overall timeline.
Today, the average global wait time for a U.S. visa is about 150 days.
That said, the exact timing can depend on:
- The type of visa you’re seeking.
- The country you’re applying from and the efficiency of the U.S. embassy or consulate in that location.
- Your own immigration status in the country you’re applying from.
- The agency handling your application (USCIS and/or the Department of Labor).
- Whether your sponsor is a U.S. citizen or a green card holder.
- How long it takes to do a background screening
Additionally, administrative processing can slow things down. This is when the agency processing your visa requires security checks or further review following your interview—all of which tack on extra time.
The COVID-19 pandemic temporarily halted many visa services worldwide, but as services have resumed, the U.S. government still has some backlog to clear.
Some visas may qualify for premium processing, where certain employment-based petitions are rushed. But in most cases, patience and preparation are key to navigating this process successfully.
Switching Between Visa Categories
If you’re currently in the U.S. on a valid visa and want to start a new program or activity that requires a different visa, you may need to change your visa type through a process called “change of status” (COS).
For example, you could be a student on an F-1 visa and want to transition to permanent residency, or you might hope to get an immigrant (permanent) visa while on a non-immigrant (temporary) visa.
To qualify for a COS, there are a few key requirements you’ll need to meet, including (but not limited to):
- You must have entered the U.S. legally.
- Your current status must still be valid (that is, not expired).
- You must not have broken any rules related to your visa or committed any crimes.
Changing your status usually involves submitting new applications and supporting documents, and sometimes even new sponsors—each of which adds complexity to the process.
Immigration Attorneys
Visa rules and processes can be complex, and making the wrong move can lead to delays and further complications. That’s why seeking advice from a legal expert is highly recommended.
Immigration lawyers specialize in the intricacies of U.S. immigration law and can guide you through your U.S. visa options, the application process, renewals and extensions, and any legal matters you may face.
Whether you’re applying for a work visa, a student visa, a family-based visa, or even U.S. citizenship, having a professional on your side can offer peace of mind and increase your chances of success.
If you can’t afford to hire an attorney, there are still plenty of free and low-cost resources available:
- The U.S. Department of Justice’s Executive Office for Immigration Review has a long list of pro bono legal service providers that correspond to individual immigration courts around the country.
- Check out the National Immigration Legal Services Directory, which lists nonprofits near you that provide free or low-cost immigration legal services.
- You can also find lots of great legal information, immigration news, FAQs, and step-by-step guides for different U.S. visa types on online platforms like Boundless, American Immigration Council, Immigration Help, and the Immigrant Legal Resource Centre.
Take advantage of all the tools and resources at your disposal. After all, they could be the key to turning your visa journey from a challenge into a success.
Visa in Hand, Loved Ones at Heart
Understanding the U.S. visa process can feel like an enormous challenge, but it’s an important step if you’re dreaming of living and working in the U.S.
And remember, you don’t have to do this alone!
uLink is proud to support immigrants by providing the information you need to get started on your journey to the United States.
And that’s not all: once you arrive in the land of red, white, and blue, we make it easy for you to stay connected with loved ones back home through our secure and low-cost money transfer service.
With the uLink SuperApp, you can send money quickly and affordably worldwide—making it easier for you to support family and friends, no matter where they are. It’s a great way to stay close to home even while you’re building your future in the U.S.
Wishing you all the best as you take the next steps toward your visa!