Statutory Authority
What is INA 101(a)(15)?
This section of the Immigration and Nationality Act makes basic distinctions between immigrants and nonimmigrants regarding length of stay and permissible activities.
What is INA 101(a)(15)?
This section of the Immigration and Nationality Act presumes all visa applicants to be immigrants until they prove otherwise.
What is INA 214(b)?
This type of H visa is not subject to the residence abroad requirement.
What is the H-1 visa?
This type of B visa is issued for business purposes.
What is the B1 visa?
This section of the U.S. Code corresponds to INA 214(b), which presumes all visa applicants to be immigrants until proven otherwise?
What is 8 U.S.C. 1184(b)?
Nonimmigrants may remain in the United States only for this type of period.
What is a specific period?
According to INA 214(b), applicants for these types of visas are presumed to be immigrants until they prove they qualify for the nonimmigrant classification sought.
What are nonimmigrant visas (NIVs)?
This section of the FAM provides guidance on the nonimmigrant visa category for specific employment-related restrictions, including H visas.
What is 9 FAM 402?
This type of B visa is issued for tourism, medical treatment, or visiting friends and family.
What is the B2 visa?
This section of the Immigration and Nationality Act outlines the grounds for visa refusal based on ineligibility.
What is INA 221(g)?
Nonimmigrants are subject to removal if they fail to depart at the end of this.
What is the authorized period of stay?
This section of the FAM states that to be classified as a nonimmigrant, the applicant must prove they are entitled to a nonimmigrant status under INA 101(a)(15).
What is 9 FAM 401.1-3(D)(2)?
This section of the INA allows for certain H visa holders to adjust their status to lawful permanent resident without violating their nonimmigrant status.
What is INA 101(a)(15)(H)(i)(b)?
According to 9 FAM 401.1-3(E)(1), applicants for this visa must maintain a residence abroad.
What is the B1/B2 visa?
This section of the U.S. Code defines "residence" as the place of general abode.
What is 8 U.S.C. 1101(a)(33)?
This U.S. department decides how long a nonimmigrant visa holder may remain in the United States.
What is the Department of Homeland Security (DHS)?
Under INA 214(b), the burden of proof is on this party to demonstrate eligibility for nonimmigrant status.
Who is the visa applicant?
This type of H visa requires the applicant to maintain a residence abroad.
What is the H-2 visa?
This section of the FAM states that you may issue visitor visas to applicants with IV applications pending if they meet certain conditions.
What is 9 FAM 401.1-3(E)(2)(e)?
This section of the Immigration and Nationality Act places the burden of proof on the applicant to establish eligibility for a visa.
What is INA 291?
This section of the FAM states that nonimmigrants must engage only in activities allowed for their assigned classification under INA 101(a)(15).
What is 9 FAM 401.1-3(A)?
This section of the FAM advises consular officers to assess the credibility of the applicant and the evidence submitted to determine qualifications under INA 101(a)(15).
What is 9 FAM 401.1-3(D)(3)?
This section of the FAM states that nonimmigrants must engage only in activities allowed for their assigned classification under INA 101(a)(15), including H visas.
What is 9 FAM 401.1-3(A)?
This section of the FAM advises that a maintenance of status and departure bond may be required for applicants of this visa if there is doubt about maintaining status or departure?
What is 9 FAM 401.1-4(C)?