What types of non-immigrant visas are available?
Non-immigrant visas are substantially different from immigrant visas because they do not permit applicants to remain permanently in the United States.  Non-immigrant visas are issued for a specific purpose and for a limited time.  Applicants are generally required to demonstrate strong ties to their country of origin before they are issued a non-immigrant visa.  While more than 25 types of non-immigrant visas exist, the following summarizes those which are most commonly issued:

• B-1/B-2 Visas: Issued to aliens visiting for business or pleasure.  It can be valid for up to six months, but shorter requests are more likely to be approved.  Visitors cannot obtain employment with this type of visa.
• E Visas: Issued to business people whose businesses engage in a significant amount of trading with the United States.  This visa status can last indefinitely and visa-holders of this type can apply for permanent residency.
• F-1 Visas: Issued to students studying full time in a degree or English language program.  F-1 Visa-holders have very limited permission to work; spouses cannot work or study without a visa of their own; children of visa-holders can participate in kindergarten to grade 12 schooling.
• H-1B Visas: Issued to individuals in specialty occupations who have a United States employer willing to hire them.  It is valid for up to six years and holders of this type of visa can apply for permanent residency.
• J-1 Visas: Issued to participants in a U.S. State Department exchange program.  Programs are available to scholars, professors, trainees, students, doctors and counselors.  It is valid for varying lengths of time depending on the particular program.
• L Visas: Issued to employees of international companies making an intra-company transfer.  For managers, executives and owners this visa is valid for seven years.  For others employees possessing special knowledge it is valid for five years.
• O Visas: Issued to individuals with extraordinary skills in the arts, sciences, business, education, athletics or any other creative endeavor.  It is valid for up to three years at a time.
• R Visas: Issued to religious workers coming to work in the United States as a minister or in a religious vocation.  It is valid for up to five years and can be converted to a green card after two years in the United States.
• TN Visas: Issued to Canadians and Mexicans under the NAFTA agreement.  It is valid for a year and can be extended thereafter for additional year increments.

How do non-immigrant visa-holders know how long they are permitted to remain in the United States?
When non-immigrant visa-holders enter the United States, an officer at the U.S. Port of Entry examines their documentation and issues them an I-94.  The I-94 states precisely how long the visa-holder is permitted to remain in the United States.  It is the I-94, not the non-immigrant visa itself, which provides the date which a visa-holder must return to his or her home country.

Can a non-immigrant visa-holder remain in the United States for longer than the I-94 permits?
Non-immigrant visa-holders oftentimes wish to remain in the United States for longer than initially anticipated.  To do so, they must go through the appropriate channels and file for an extension.  Extensions may be issued if:

• The applicant entered the United States lawfully as a non-immigrant visa-holder; and
• The applicant did not commit any act which would create ineligibility; and
• There are no extenuating circumstances which the immigration officer deems sufficient to deny an extension; and
• The applicant files for an extension before the expiration date on the I-94.

When should non-immigrant visa-holders file for an extension?
Non-immigrant visa-holders can file for an extension of stay up to six months before their I-94 expires, but should not file for an extension any later than 60 days before the expiration date.  Once the I-94 has expired, the immigrant loses status and may become ineligible for an extension.  Falling out of status can also make it difficult for the immigrant to return to the United States at a later date so timeliness is imperative.  Even those who file on time are not guaranteed an extension.  The USCIS will fully evaluate the immigrant’s situation and allow or disallow the extension based on the totality of the circumstances.