Visitor Visa Requirements

If you’re planning to visit the United States temporarily, you generally need to apply for a visitor visa. However, nationals from certain countries may be exempt from this requirement. For more specific information, it’s best to refer to the U.S. Department of State’s website.

In case you’re coming to the U.S. for reasons other than tourism or business, such as studying, working as a crew member, or participating in journalistic activities, you will need to apply for the appropriate visa category.

Extending Your Stay in the U.S.

If you wish to extend your stay in the U.S. beyond the originally approved period, you’ll need to file a request. Depending on your visa classification, this could be done by submitting Form I-129 (Petition for a Nonimmigrant Worker) or Form I-539 (Application to Extend/Change Nonimmigrant Status). Be sure to apply for an extension at least 45 days before your authorized stay expires.

You may be eligible for an extension if:

• You entered the U.S. legally with a nonimmigrant visa.
• Your visa status is still valid.
• You haven’t violated the terms of your admission or committed any crimes making you ineligible for a visa.
• Your passport is valid for the length of your extended stay.

However, some visa categories are ineligible for extensions, including:

• Visa Waiver Program (VWP)
• Crew members (D visa)
• In-transit travelers (C visa)
• Fiancé(e) of a U.S. citizen (K visa)
• Informants on terrorism or organized crime (S visa)

Changing Nonimmigrant Status While in the U.S.

If you’re in the U.S. on a nonimmigrant visa and wish to change your visa status, such as transitioning from a tourist visa to a student visa, you must apply with the U.S. Citizenship and Immigration Services (USCIS) before your current stay expires. It’s important to wait for approval before changing your activity. For example, if you’re on a tourist visa, do not start attending school until USCIS has authorized the change in status.

Generally, you may apply for a status change if:

• You entered the U.S. legally with a nonimmigrant visa.
• You maintain valid status and haven’t violated its conditions.
• You haven’t committed crimes affecting your eligibility.

However, you do not need to apply for a change in status in the following cases:

• If you’re on a B-1 visa (business) and wish to stay for pleasure.
• If you’re the spouse or child of someone in certain nonimmigrant categories such as:
• Diplomatic (A visa)
• International trade and investment (E visa)
• Temporary workers (H visa)
• Exchange visitors (J visa)
• Vocational students (M visa), provided you’re not trying to switch to an academic student (F-1) or a temporary worker status.

Restrictions on Changing Nonimmigrant Status

Some individuals in certain categories cannot apply for a change of nonimmigrant status, including:

• Visa Waiver Program participants
• Crew members (D visa)
• Transit travelers (C visa)
• Fiancé(e) visa holders (K visa)
• Informants (S visa)

Moreover, some specific rules apply to people in certain statuses, such as vocational students (M-1) or exchange visitors (J-1). For instance:

• M-1 students can’t change to an F-1 (academic student) or H-status (temporary worker) based on vocational training.
• J-1 exchange visitors who are subject to the two-year foreign residence requirement can’t change status unless they receive a waiver.

Need Assistance with Your U.S. Visa or Status Change?

Navigating U.S. immigration processes can be complicated. If you have questions or need help with applying for a visa, extending your stay, or changing your nonimmigrant status, contact us for expert advice and personalized assistance. We’re here to guide you through every step of the process.