Non-Immigrant Visas

Visa Application - Additional Information

Applicants for visitor visas should not find it necessary to employ persons to assist them in preparing documents.

Attempting to obtain a visa by the wilful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

If the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if there is new evidence to overcome the basis of the refusal. In the absence of new evidence, consular officers will probably not reexamine such cases.

Indefinite Visas:

"Indefinite" visas are now only valid for ten years from the date of issuance.

Valid Visa in Expired Passport:

We recommend you take advantage of the Visa Waiver Program accorded to New Zealanders.

If you have a valid visa in your expired passport, you may continue to use it for entry into the United States so long as you carry your current passport as well.

How Long Can I Stay in the United States?

In all instances, your period of admittance into the United States is determined at the port of entry by the U.S. Citizenship and Immigration Service (USCIS). The validity of the visa does not indicate the length of time you may stay in the U.S. It represents the date by which you must use the visa to apply for entry.

Immigration Procedures at Port of Entry:

Applicants should be aware that a visa does not guarantee entry into the United States.

• The USCIS has authority to deny admission.

• The USCIS, not the Consular Officer, also determines the period for which the bearer of a visitor visa is authorized to remain in the United States.

• At the port of entry, an USCIS official authorizes the traveler's admission to the U.S. and length of stay on Form I-94, Record of Arrival-Departure.

• Visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request Form I-539, Extension of Stay.

• The decision to grant or deny a request for extension of stay is made solely by the USCIS.

The non-immigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a temporary worker, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

Applicants for temporary work visas should contact the U.S. Visa Information Service by calling 0900 US VISA (0900 878 472).

Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Proof of binding ties:

With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

Family members:

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under some of the other classifications may also be classified as non-immigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.

Time limits:

All classifications have fixed time limits in which the alien may perform services in the United States. In some cases the USCIS may extend those time limits in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification.

The USCIS will notify the petitioner on Form I-797 whenever a visa petition, an extension of visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use form I-797 (original) to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying a visa under the H-1 or L classifications.