Nonimmigrant Visas
General Information
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What is Nonimmigrant?
A nonimmigrant is a person who can overcome the presumption that they intend to immigrate. This means it is the responsibility of the Nonimmigrant Visa applicant to prove to the Consular Officer that they do not intend to immigrate. Please note that some types of visa exempt qualified applicants from the assumption of immigration. Those types of visa are H-1, L-1 and their derivatives, H-4 and L-2.
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What is a Nonimmigrant Visa (NIV)?
A Nonimmigrant Visa (NIV) is a travel document that allows a person from another country to travel to a port of entry in the U.S., for example, an airport, and seek permission from an officer of the U.S. Department of Homeland Security (DHS) to enter the U.S. for a temporary stay.
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Selecting the Right Type of NIV
It is important to select the correct type of NIV. To find out what type of NIV you need, note your main reason for seeking entry to the U.S. and match it to one of the types of NIVs available. If, however, you want to enter the U.S. at different times for different reasons, a Consular Officer may issue more than one type of visa at the same time. A visiting professor, for example, planning a pleasure trip to the U.S. followed by a visit to Canada before returning the U.S. to commence temporary employment should receive a visitor visa (B) for the first entry and a temporary worker visa (H) for the second, as long as the professor qualifies in every respect.
Please be aware of the type(s) of NIV(s) you need.
For a list of the types of NIVs available, click here.
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Visas & Entry to the U.S.
A visa is not a guarantee of entry to the U.S.; a visa simply allows you to seek permission to enter to the U.S. When you seek permission to enter the U.S. at a port of entry an officer of the U.S. Department of Homeland Security (DHS) will question you. At this time the officer can deny entry. A denial can be for one or more reasons, such as, you may have overstayed on a previous visit to the U.S. or your planned activities do not appear to match the type of visa presented. If denied entry, you will either be placed in detention, or temporarily held until return travel arrangements can be made. If you have a visa, it may be cancelled.
To learn more about admission to the U.S., please click here.
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Visas & Duration of Stay in the U.S.
Please note that your visa does not indicate the length of time you can stay in the U.S. What your visa shows is the time period in which you can seek permission to enter the U.S. and how many “entries” into the U.S. you can make in that period, that is, how many times you may seek permission to enter the U.S.
An officer of the U.S. Department of Homeland Security (DHS) decides your “duration of stay” in the U.S. whenever you use your visa to seek permission to enter the U.S. for a temporary stay. The decision is based upon the type of visa you hold, the purpose of your entry into the U.S. and the length of time thought necessary to accomplish your purpose.
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How to Record Your Departure from the U.S.
At a port of entry in the U.S., or earlier, you will be asked to fill an I-94 Form. The I-94 is an arrival-departure record. To record your departure from the U.S., please fill in the departure portion of your I-94 and give it to your transportation carrier when you leave the U.S.
It is your responsibility to ensure your transportation carrier receives the departure portion of your I-94. Failure to turn in the departure portion of your I-94 when you leave the U.S. can create a serious problem. Without this record of your departure, you will be identified as an "overstay”. Classification as an overstay means that you will be denied re-entry into the U.S.
If you plan to leave the U.S. by land and enter Canada or Mexico, it is your responsibility to return the departure portion of the I-94 to U.S. Customs & Border Protection (CBP) prior to your departure.
For instructions on what to do if you did not hand over your I-94 when you leave the U.S., click here.
To learn more about the I-94 Form, please click here.
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Valid Visa in an Old Passport
If you have a valid NIV in your old passport you may use that NIV to seek permission to enter the U.S until it expires. To do this, do not remove the visa from your old passport; just present your new and old passport to the U.S. Department of Homeland Security (DHS) when you arrive at a port of entry in the U.S.
Please note: the Consular Section cannot transfer a visa from an old passport to a new passport.
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Helpful Hints
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Location of the Consular Section, New Delhi
The Consular Section, New Delhi is located on Nyaya Marg, Chanakyapuri. Please report to Gate 6 (Visa Gate) on Nyaya Marg, if you are to appear at the Consular Section.
For a map of the Chanakyapuri area, please click here.
Visa Services
Nonimmigrant Visas
General Information
Types of Visas
Apply for a Visa
Rules & Fees
Reschedule/Cancel Appointment
Administrative Processing
Visa Denials
Courier System (NIV)
