US Visas for Travel and Immigration

How US visas are issued

US visas fall into two groups: nonimmigrant visas for a temporary purpose such as tourism, business or study, and immigrant visas that lead to permanent residence. Visas are issued by US embassies and consulates under the Department of State, while US Customs and Border Protection makes the final decision on admission at the port of entry, so a visa is permission to request entry rather than an entitlement to it.

The B1/B2 visitor visa covers business trips and tourism, and applicants file the online DS-160 before a consular interview. Under Section 214(b) of the Immigration and Nationality Act, officers presume every visitor intends to immigrate, so the applicant must show ties that make a return home credible. A 214(b) refusal cannot be appealed, but the applicant may reapply when circumstances change.

Most immigrant visas begin with a petition approved by USCIS, such as Form I-130 for family or Form I-140 for employment, after which the case moves to the National Visa Center and the applicant files the DS-260. A medical exam by a panel physician and an interview follow, and a case can be held for administrative processing under Section 221(g). When USCIS denies a petition like EB-1A, one option is a lawsuit in federal court under the Administrative Procedure Act.