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Types of Visas for Indians to Visit and Settle in the USA: Detailed Guide

Explore the various types of visas available for Indians to visit and settle in the USA. Understand visa categories, application processes, timelines, and key details to facilitate your journey.

SETTLE IN ABROAD

Avyakta Darsh

8/7/20244 min read

Introduction

Traveling to the United States from India for a visit or permanent settlement requires navigating a complex visa system. Each visa type has specific requirements, timelines, and benefits. This guide will provide an in-depth look at the various visas available to Indians, focusing on their purposes, application processes, validity periods, and other essential details.

Tourist and Business Visas

B-1/B-2 Visitor Visa

  1. Purpose:

    • The B-1 visa is for business travelers attending conferences, meetings, or negotiating contracts.

    • The B-2 visa is for tourists, those visiting family or friends, and individuals seeking medical treatment.

  2. Application Process:

    • Complete the DS-160 online application form.

    • Pay the visa application fee.

    • Schedule an interview at the U.S. embassy or consulate.

    • Attend the interview with required documents (passport, DS-160 confirmation, visa fee receipt, photo, and supporting documents).

  3. Validity and Duration:

    • Typically valid for 1-10 years with multiple entries.

    • Each stay is usually limited to six months.

  4. Important Details:

    • B-1/B-2 visas do not permit work or study.

    • Overstaying can lead to penalties and future visa denials.

Student Visas

F-1 Visa

  1. Purpose:

    • For individuals pursuing academic studies or language training programs at U.S. institutions.

  2. Application Process:

    • Obtain Form I-20 from a U.S. school.

    • Pay the SEVIS fee.

    • Complete the DS-160 form and pay the visa fee.

    • Schedule and attend a visa interview.

  3. Validity and Duration:

    • Valid for the duration of the academic program plus 60 days.

    • Allows part-time on-campus work and optional practical training (OPT) post-graduation.

  4. Important Details:

    • Must maintain full-time student status.

    • Dependents (spouse and children) can apply for F-2 visas.

M-1 Visa

  1. Purpose:

    • For students attending vocational or non-academic programs.

  2. Application Process:

    • Similar to the F-1 visa process, including obtaining Form I-20 and completing the DS-160.

  3. Validity and Duration:

    • Valid for the length of the vocational program plus 30 days.

    • Limited to practical training related to the study program.

  4. Important Details:

    • Cannot change to F-1 status.

    • Dependents can apply for M-2 visas.

Work Visas

H-1B Visa

  1. Purpose:

    • For skilled workers in specialty occupations requiring a bachelor’s degree or higher.

  2. Application Process:

    • Employer must file a Labor Condition Application (LCA).

    • Submit Form I-129 to USCIS.

    • Upon approval, apply for the visa at a U.S. consulate.

  3. Validity and Duration:

    • Initially valid for three years, extendable up to six years.

    • Potential for further extensions if a Green Card process is initiated.

  4. Important Details:

    • Subject to an annual cap of 85,000 visas.

    • Dependents can apply for H-4 visas and may obtain work authorization.

L-1 Visa

  1. Purpose:

    • For intra-company transferees in managerial or executive positions or those with specialized knowledge.

  2. Application Process:

    • Employer must submit Form I-129 to USCIS.

    • Apply for the visa at a U.S. consulate after approval.

  3. Validity and Duration:

    • L-1A (managers and executives) valid for up to seven years.

    • L-1B (specialized knowledge) valid for up to five years.

  4. Important Details:

    • No annual cap.

    • Dependents can apply for L-2 visas and may obtain work authorization.

O-1 Visa

  1. Purpose:

    • For individuals with extraordinary ability in fields such as science, art, education, business, or athletics.

  2. Application Process:

    • Employer or agent must submit Form I-129 to USCIS with evidence of extraordinary ability.

  3. Validity and Duration:

    • Initially valid for up to three years, extendable in one-year increments.

  4. Important Details:

    • Requires substantial documentation of extraordinary ability.

    • Dependents can apply for O-3 visas but cannot work.

Permanent Residency (Green Card)

Employment-Based Green Card

  1. Categories:

    • EB-1: Priority workers with extraordinary ability, outstanding professors and researchers, multinational executives.

    • EB-2: Professionals with advanced degrees or exceptional ability.

    • EB-3: Skilled workers, professionals, and other workers.

  2. Application Process:

    • Employer files a labor certification (PERM) if required.

    • Submit Form I-140 (Immigrant Petition for Alien Worker) to USCIS.

    • Apply for adjustment of status (Form I-485) if already in the U.S. or consular processing if abroad.

  3. Validity and Duration:

    • Green Cards are permanent but must be renewed every 10 years.

    • Conditional Green Cards (through marriage or investment) require conditions removal after two years.

  4. Important Details:

    • Allows living and working permanently in the U.S.

    • Eligible to apply for U.S. citizenship after five years (three years if married to a U.S. citizen).

Family-Based Green Card

  1. Categories:

    • Immediate relatives: Spouses, unmarried children under 21, and parents of U.S. citizens.

    • Family preference: Other relatives such as adult children and siblings of U.S. citizens, and certain relatives of Green Card holders.

  2. Application Process:

    • U.S. citizen or Green Card holder files Form I-130 (Petition for Alien Relative).

    • Apply for adjustment of status (Form I-485) or consular processing.

  3. Validity and Duration:

    • Same as employment-based Green Cards.

  4. Important Details:

    • Priority dates and waiting periods vary based on relationship and country of origin.

    • Eligible for U.S. citizenship after five years (three years if married to a U.S. citizen).

Investor Visa

EB-5 Immigrant Investor Program

  1. Purpose:

    • For investors who invest a significant amount of capital in a new commercial enterprise that creates jobs.

  2. Application Process:

    • Invest $1.8 million (or $900,000 in targeted employment areas).

    • File Form I-526 (Immigrant Petition by Alien Investor).

  3. Validity and Duration:

    • Conditional Green Card valid for two years.

    • Apply for removal of conditions (Form I-829) to obtain permanent residency.

  4. Important Details:

    • Investment must create at least 10 full-time jobs for U.S. workers.

    • Requires substantial financial commitment and documentation.

Exchange Visitor Visa

J-1 Visa

  1. Purpose:

    • For individuals participating in exchange programs, including students, researchers, and teachers.

  2. Application Process:

    • Obtain Form DS-2019 from a sponsoring organization.

    • Complete the DS-160 form and pay the visa fee.

    • Schedule and attend a visa interview.

  3. Validity and Duration:

    • Duration varies based on the exchange program, from a few months to several years.

  4. Important Details:

    • Some J-1 visas require a two-year home-country residency after completion of the program.

    • Dependents can apply for J-2 visas and may obtain work authorization.

Conclusion

Understanding the various visa options available to Indians for visiting and settling in the USA is crucial for a successful and smooth immigration process. Whether you are a tourist, student, professional, or family member, each visa type comes with specific requirements, timelines, and benefits. Careful planning and adherence to the application processes will help ensure a seamless transition to your new life in the United States.