Home / International Travel Insurance / Articles / Visa / 5 Key Differences Between Immigrant and Non-Immigrant Visas

5 Key Differences Between Immigrant and Non-Immigrant Visas

TeamAckoFeb 9, 2024

When you plan to visit the USA, it is mandatory for you to apply for a US visa. It allows you to enter the geographical region and stay in the country for your desired purpose. There are two main types of visas that are exclusive to people wanting to visit or permanently stay in the USA. They are called immigrant visas and non-immigrant visas.

In this article, we will discuss what immigrant and non-immigrant visas are and the key differences between immigrant and non-immigrant visas.

difference between.png

Contents

What is an Immigrant Visa?
What is a Non-Immigrant Visa?
What is the Difference Between an Immigrant and a Non-Immigrant Visa?
What is a Dual Intent Visa?
Things to Keep in Mind When Applying for an Immigrant Visa
Things to Keep in Mind When Applying for a Non-Immigrant Visa
Frequently Asked Questions

What is an Immigrant Visa?

The USA visa officials issue immigrant visas to individuals planning to work and live permanently in the country. In several cases, the applicants’ relatives or employers sponsor them by applying to the United States Citizenship and Immigration Services (USCIS). However, in cases of applicants like special ability workers, investors, and other special immigrants, they can file their own petitions.

Once the immigrant visa applicant submits the form, it is forwarded to the US Embassy or Consulate of the applicant's native country for document verification and processing. Upon successful verification, the visa official issues an immigrant visa to the applicant.

What is a Non-Immigrant Visa?

A non-immigrant visa is issued to individuals seeking to visit the USA temporarily for tourism, medical treatment, business, or other types of temporary work. Furthermore, an applicant directly applies for a tourist or business non-immigrant visa to the United States Consulate or Embassy in their respective nation.

In the case of foreign nationals seeking to work or study in the US, they may require documentation and authorisation before applying for this visa type.

What is the Difference Between an Immigrant and a Non-Immigrant Visa?

To get a clear picture of the two concepts, it is important to understand their differences. Below is a table showcasing the differences between an immigrant visa and a non-immigrant visa

Points of Difference	Immigrant Visa	Non-Immigrant Visa
Issuance Purpose	It is issued by individuals wanting to settle in the US permanently.	It is issued by individuals wanting to travel to the US for tourism, medical treatment, business, and other temporary purposes.
Residential Status	Immigrant visa holders have the right to live in the country as permanent residents.	Non-immigrant visa holders are not allowed to live as permanent residents and must leave the country after a certain period.
Rights	Immigrant visa holders enjoy citizen rights and privileges and can work, live, and study anywhere within the nation.	They do not possess majority rights and have limited privileges once they enter the country.
Application Process	Through United States Citizenship and Immigration Services (USCIS), the relatives and employers of the applicants can also apply for a visa to stay.	Applicants can directly apply at their nearest US Embassy or Consulate for a non-immigrant visa.
Visa Processing Time	Obtaining an immigrant visa can be time-consuming and challenging.	Non-immigrant visas have a faster application process in comparison to immigrant visas.

In addition, understanding the difference between non-immigrant and immigrant visas is mandatory for individuals wanting to move to the US. It helps individuals choose and apply for the correct visa without any hindrances. After completing the visa process and time to travel to the USA consider buying USA travel insurance to secure your trip in case of any accidents to happen during the trip.

What is a Dual Intent Visa?

A dual-intent visa permits foreign individuals to enter the US as non-immigrant visa holders and grants them the right to apply for a Green Card. It permits selected foreign nationals to possess dual intent under the Immigration and Nationality Act. In addition, individuals do not have to leave the country when applying for a Green Card.

Some dual intent visa types are as follows:

K-1 Visa
O-3 Visa
H-1B Visa
L-2 Visa
K-4 Visa
K-2 Visa
O-1 Visa
K-3 Visa
E-2 Visa

Things to Keep in Mind When Applying for an Immigrant Visa

Here are a few pointers you must keep in mind when applying for an immigrant visa:

You can obtain an immigrant visa through several ways, such as employment, refugee status and family relationships.
There are 32 different types of immigrant visas that the US government issues.
When you apply for an immigrant visa, you must know that it is difficult to obtain as it gets special attention from the government.
You must choose the right type of immigrant visa to avoid any delays or rejections.
When your immigrant visa expires, you need to leave the country to renew the visa.
Your employer, family member or spouse can apply for an immigrant visa on your behalf.
To transfer your immigrant status to a green card holder, you may need more than 10 years of life experience in the US.

Things to Keep in Mind When Applying for a Non-Immigrant Visa

While applying for a non-immigrant visa, you must keep the following pointers in mind:

You must have a good tie with your native country as it denotes you are returning to your country.
When applying for a non-immigrant visa, know the purpose of your visit and apply accordingly.
The US categorises 20 non-immigrant visas for foreign nationals.
You must not extend your stay after the visa expiry. In addition, you can extend your visa depending on your visa type and requirements.
You can convert your non-immigrant visa to an immigrant visa upon seeking approval from the USCIS. The Dual Intent US visa falls under this category.

Hence, after knowing the difference between an immigrant and a non-immigrant visa, you can choose either of them to work and reside in the country temporarily or permanently. In addition, you must not forget to buy travel insurance while travelling to the US. It will benefit you in case of loss of travel funds, passport, or travel baggage. In addition, it will help you during medical emergencies like adventure sports injuries during your stay in the country.

Frequently Asked Questions

Here are answers to some commonly asked questions related to the difference between immigrant and non-immigrant visas.

Does an applicant need to submit different application forms for an immigrant visa and a non-immigrant visa?

Yes, applicants need to submit different application forms for immigrant and non-immigrant visas. In the case of immigrant visas, individuals need to fill out and submit Form DS-260 and DS-261. However, for non-immigrant visas, applicants need to submit Form DS-160.

What are the types of immigrant visas?

The following are some types of immigrant visas that individuals can apply:

What are the types of non-immigrant visas?

Here are some types of non-immigrant visas that people wanting to US can apply for:

B-1
J
E-3
BCC
B-1
CW-1

Which type of visa should students apply for to study in the US?

Students need to apply for non-immigrant visas to pursue higher education in the institutions of the US.

What is the application fee for a non-immigrant visa?

The following are the fees for non-immigrant visas, depending on the type of petition:

For a Non-petition-based non-immigrant visa, the application processing fee is $185.00.
For a petition-based non-immigrant visa, the fee is $205.00.
E - Treaty Trader/Investor, Australian Professional Specialty category visa, the application fee is $315.00.
K – Fiancé(e) or Spouse of U.S. citizen category vis, the application fee is $265.00.

Is H-1B an immigrant or a non-immigrant visa?

H-1B is a temporary non-immigrant visa which allows employers of highly educated foreign professionals to work in the US under ‘special occupations’. The employers need to file a petition on behalf of the employees for this visa type.

What is the processing time of an immigrant visa?

The immigrant visa usually takes 6-10 months to process time from the date of filing the application form. However, the timeframe can vary depending on the workload of the visa officials.