Which non-immigrant visa categories in the United States can have immigrant tendencies?

Non-immigrant visa types not affected by immigration tendency

H- 1 and l visas

American immigration law INA2 14(b) clearly states that H- 1 (excluding H-2, H-3 or H 1B 1 work visas for citizens of Chile and Singapore) and L-type non-immigrant visas are not restricted by "immigration tendency".

The dual tendency of H- 1 and L-type visas stems from the US Immigration Act 1990. Article 205(e) of this Law clearly stipulates that H- 1 The applicant does not need to prove that he has no intention of permanent residence in his country. At the same time, American law has never required L visa applicants to prove their intention to stay permanently in their own country. Therefore, the US Immigration Service (USCIS) and the State Council also acknowledge the dual tendency of H- 1 and L visas in practice.

According to the State Council's document, the double discount is extended to H-4 and L-2 family visas.

Electronic visa

American immigration law INA101(a) (15) (e) does not require applicants with E- 1/2 visas (that is, treaty investors and traders) to prove their intention to stay permanently in the United States. In practice, the US Immigration Bureau also admitted that this kind of non-immigrant visa has a dual tendency.

O- 1 visa

The O- 1 visa for outstanding talents is also allowed to have a dual tendency. According to the regulations of the Immigration Bureau, the application for 8 CFR 2 14.2(o)( 13) and O- 1 visa will not be rejected if the labor card is approved or the priority immigration application is submitted. Such applicants can obtain an O- 1 non-immigrant visa for temporary legal residence in the United States, during which they can legally apply for permanent residence. This rule does not apply to O-2 auxiliary personnel.

P visa

According to the regulations of the Immigration Bureau, 8 CFR 2 14.2(p)( 15), the P visa for actors and athletes is also applicable to two-way orientation, but it does not extend to assistants. This provision of the Immigration Bureau is controversial, because the Immigration Law INA101(a) (15) (p) explicitly requires such applicants to prove their intention to stay permanently in their own country.

K 1, K3 and V visas

K 1, K3, V visas are also applicable to dual orientation. K 1 is a temporary visa for the fiancee or fiance of an American citizen, K3 is a temporary visa for the spouse of an American citizen, and V is a temporary visa for the spouse and children of a permanent American resident to come to the United States. These visas allow the intention of permanent residence in the United States.

TN visa

TN visa is a non-immigrant work visa granted by the United States to Canadian and Mexican citizens after the North American Free Trade Agreement (TN- 1 visa is applicable to Canadian citizens). It is characterized by no quota restrictions and no complicated employer's work permit. The initial validity period is three years, which can be extended indefinitely. According to the immigration law, TN visa is classified as INA 2 14(b), which is restricted by immigration tendency. But for a long time, people have always thought that TN visas should be allowed to have a dual tendency, because the immigration law does not explicitly require such applicants to prove their intention to stay permanently in their own country. 1996 Wen, director of the commerce and trade department of the welfare department of the US Immigration Service (the predecessor of USCIS), suggested that TN visa holders should be allowed to keep their non-immigrant intentions while submitting their immigration applications. Although this document is not binding on immigration officials, it is still used at many ports of entry.

Other non-immigrant visa categories need attention.

Immigration tendency may affect the application of F, J, M and B non-immigrant visas. The record of immigration application may hinder the application of non-immigrant visas such as F 1/F2, J 1/J2, M 1/M2, B 1/B2, and may also hinder the extension, conversion or OPT application of these people. When you apply for a visa, extend your identity or change your identity, you will be asked on the form whether you have submitted an immigration application. Immigration is reviewing your immigration tendency. If the answer is yes, then the application will be rejected. The answer is not only to find an application, but also to refuse it. Immigration application will not affect those who keep their existing identities as F 1/F2, B 1/B2 and J 1/J2. Because as long as you keep the status quo and don't give the government a chance to review your immigration tendency, the government will rule that you have violated your current status.

Students and scholars who submit NIW or other immigration applications should avoid traveling abroad after submitting immigration applications and before obtaining green cards or permission to return to the United States. However, if you hold visas such as H 1B and L 1 that allow dual orientation, you don't have to worry about immigration orientation.