What is This So-Called Non-Immigrant Visa That is Part of the US Immigration System?

Did you know the E-3 visa, J-1 visa and H-1B visa are all non-immigrant visas so anyone who enters the US under this visa is considered a Non-Immigrant and NOT an Immigrant?

The United States deems most foreigners actually who come legally to the US "non-immigrants" which is almost a subtle and psychological ploy to both demean and demonize these people from the beginning.

So What Is A Non-Immigrant and Non-Immigrant US Visa?

A non-immigrant is anyone who had to establish before coming to the US that their permanent residence is outside the US and that they intend to return back to their home nation after the temporary stay is over.

This means non-immigrants includes tourists, and as mentioned above also includes people holding E-3 visas, F-1 visas, J-1 Visas, TN visas, H-1B visas, etc. All of these people have to prove to their US consular officer that they have strong ties to their country of residence and intend to return home at the end of their US visa period.

The H-1B visa and L-1 visa, have what is known as a dual-intent provision which basically means they can apply for permanent status via their employer while on their non-immigrant status.

So what constitutes Strong Ties?

There is no set definition and the practical workings of this seem to differ greatly by person home and birth nation and sometimes heritage as well. (i.e. A British person has less to prove that someone from Lithuania that they intend to return home seemingly for no other reason than their passport)

Strong ties can be;
- close family members in the home nation
- bank accounts established at home
- property ownership/ cars/businesses back at home, etc.
- Other strong reasons why one would want to return home

As I said the burden for someone to prove this at their consular interview is really dependent on where they come from and sometimes how strict their assessing consular officer may be.

As per the law, it is up to the foreigner to prove these strong ties at the discretion of the consulate as to not too in their eyes, despite all you paperwork being legitimate and fine, you can still be denied a non-immigrant visa under condition 241(b).

It is possible to re-apply for a non-immigrant visa if you are denied based on condition 241 (b), however you must show further different evidence of your strong ties to your home country of residence.

CJ helps demystify the complex US Immigration system for all foreigners seeking a new life in the United States