Nonimmigrant Visas

A nonimmigrant visa lets a person come to the United States for a temporary purpose: a visit, study, an exchange program, temporary work, or marriage to a U.S. citizen. Each category has its own rules about what you may do here and how long you may stay. Choosing the wrong category, or doing something your status does not allow, can cost you future visas or a green card. Our office helps visitors, students, workers, families and employers in Atlanta, Norcross and throughout Georgia choose the right category and stay in status.

Common nonimmigrant categories

• B-1/B-2: business visitors and tourists, including people visiting family or seeking medical treatment
• F-1 and M-1: academic and vocational students
• J-1: exchange visitors, such as researchers, physicians, au pairs and interns
• H-1B, L-1, O-1, TN, E-1/E-2, H-2A/H-2B: temporary workers, treasury traders and investors (see our work visas page)
• K-1 and K-3: fiancé(e)s and some spouses of U.S. citizens (see our fiancé(e) visa page)
• U and T: victims of qualifying crimes and of human trafficking
• R-1, P, Q and others: religious workers, athletes and entertainers, and cultural exchange participants

Some travelers do not need a visa for short business or tourist trips because they qualify for the Visa Waiver Program and register through ESTA. Others enter in a status, such as TN for Canadian professionals, without a visa stamp.

The presumption of immigrant intent

Under INA 214(b), every visa applicant is presumed to be an intending immigrant until they show otherwise. For most categories, including B, F and J, you must show strong ties abroad and a real plan to leave on time. Ties can include family, a job, property or a business. Most refusals of visitor and student visas are 214(b) refusals. A few categories, such as H-1B and L-1, allow “dual intent,” so a pending green card case does not by itself defeat them.

Applying at a U.S. embassy or consulate

The process usually includes the online application (Form DS-160), the visa fee, and an interview at a U.S. embassy or consulate. Petition-based categories such as H-1B or L-1 first require an approved petition from USCIS. Since 2025, the State Department has narrowed interview waivers, and most applicants should expect an in-person interview. It has also generally directed applicants to apply in their country of nationality or residence. Applicants are asked to list their social media identifiers, and student and exchange visitor applicants face expanded online-presence review.

Presidential proclamations issued in June 2025, and expanded effective January 1, 2026, restrict visas for nationals of certain countries. Some apply to all visas and others only to certain categories. Check your country’s status before you pay fees or make travel plans.

A visa is not the same as status

The visa in your passport is a travel document that lets you ask for admission. Your status, and how long you may stay, is set by the Customs and Border Protection officer at entry and recorded on your Form I-94. A visa can expire while you remain in valid status, and a valid visa does not protect you if you violate your status.

• Check your I-94 online after every entry and correct errors promptly.
• If you stay past your authorized period, your visa is generally voided under INA 222(g). You usually must apply for any future visa in your home country.
• Unlawful presence of more than 180 days, followed by departure, can trigger a three-year bar to returning. More than one year can trigger a ten-year bar.

Extending or changing status in the United States

Many nonimmigrants can ask USCIS to extend their stay or change to another category without leaving, usually with Form I-539 or through an employer’s Form I-129. File before your current status expires. A timely, non-frivolous extension request generally lets you remain while it is pending, though rules on working during that time vary by category. Changing status shortly after arrival, such as a visitor enrolling in school, can raise questions about your intent when you entered. Also, F-1 students cannot start classes until a change of status to F-1 is approved.

Students and exchange visitors

F-1 students must stay enrolled full-time and follow work rules for on-campus jobs, curricular practical training and optional practical training. Your school’s designated school official manages your SEVIS record, and problems there can end your status. Some J-1 exchange visitors must spend two years in their home country before they can get certain other visas or a green card, unless they obtain a waiver.

Visitors: what you may and may not do

B-2 visitors may visit family, travel and receive medical care. B-1 business visitors may attend meetings, negotiate contracts and attend conferences. Neither category allows working for a U.S. employer or being paid from a U.S. source, with limited exceptions. Visitors may not enroll in a full course of study. If plans change after you arrive, talk with a lawyer before acting.

If your visa was refused or revoked

There is generally no appeal from a consular refusal. Many applicants can reapply when their circumstances change or when they can present stronger evidence. A refusal based on fraud, a criminal record or a prior overstay may require a waiver under INA 212(d)(3). That waiver is available to most nonimmigrant applicants who are inadmissible. The State Department has also revoked visas more often since 2025, so take any notice of revocation seriously.

Hypothetical: A Brazilian visitor came to Atlanta on a B-2 visa to see her daughter and was admitted for six months. She has been offered a place in a master’s program. Starting classes in B-2 status would violate her status. She could ask USCIS to change her status to F-1 with the school’s Form I-20 and wait for approval before classes begin. Or she could return home and apply for an F-1 visa there. The right choice depends on timing and on how clearly she can show that she entered as a genuine visitor.

Read the State Department’s U.S. visas overview. You can also learn about our Atlanta immigration lawyer services and our post on expanded social media review for TN and TD applicants.

This page reflects agency guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for a nonimmigrant visa lawyer in Atlanta, our office can match your plans to the right category, prepare petitions and applications, help you prepare for a consular interview, file extensions and changes of status, and advise you after a refusal or status problem.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.