What are the requirements for nonimmigrant visas?

Jennifer Paulino, New York managing attorney | Marble Law

By Jennifer Paulino

New York & immigration managing attorney at Marble Law

Key Takeaways

  • Nonimmigrant visas allow foreign nationals to enter the U.S. temporarily for a specific purpose, like tourism, work, or study.
  • Applicants must prove they have strong ties to their home country and intend to return after their visit.
  • You must show a clear travel purpose, financial support, and pass background checks.
  • Processing times vary by visa type—from a few days to several months.

What is a nonimmigrant visa?

A nonimmigrant visa is a temporary authorization that allows you to enter the U.S. for a limited time and specific reason. These visas are for people who plan to return to their home country after completing their stay—unlike immigrant visas, which are for those seeking permanent residency.


There are more than 20 types of nonimmigrant visas, covering purposes like:

To qualify, you must prove that your stay is temporary and that you’ll return to your home country when your visa expires.

Main requirements for obtaining a nonimmigrant visa in the United States

You must meet general U.S. entry requirements and specific visa-type rules to get a nonimmigrant visa. Here's what you’ll need:

  • Demonstrate strong homeland ties: Show that you have compelling reasons to return home, like family, a job, property, or ongoing obligations.
  • Provide valid travel purpose: Your reason for visiting must align with your visa category—for example, showing school acceptance for a student visa or job offer for a work visa.
  • Show sufficient financial support: You must prove you can afford your trip, lodging, and other expenses without relying on U.S. public funds.
  • Present limited stay intention: Consular officers need to see that you plan to leave when your visa expires. Bring documentation showing return flights, job contracts, or responsibilities back home.
  • Submit accurate application forms: Complete the DS-160 form carefully and include all required documents. Inaccurate or incomplete information can delay or deny your visa.
  • Pass background security checks: Before a visa is issued, you'll be screened through biometrics, criminal history databases, and other security systems.
Get the right lawyer for your immigration journey

Schedule a free 15-min call with our team today

Get started

How long do you need to wait to get a nonimmigrant visa?

Processing times vary depending on the type of visa and where you apply. Here's a general timeline:

  • Tourist or business visas (B1/B2): Usually processed in 2–3 weeks
  • Student visas (F-1, M-1): Can take 1–2 months, especially during peak enrollment seasons
  • Temporary work visas (H-1B, O-1, etc.): Often require 3–6 months for regular processing, or 15 days with premium processing if available
  • Exchange visitor visas (J-1): May take 1–2 months, depending on the program and embassy workload
Close-up view of the American Flag on the U.S. Capitol building

Consulate backlogs or extra documentation requests can extend these timelines, so apply as early as possible.

Why you should consider a lawyer for your nonimmigrant visa application

Getting a nonimmigrant visa approved isn’t always simple. The process involves strict documentation, detailed forms, and proving your temporary intent to stay. If there’s a mistake—or if your application raises any red flags—you could face a denial or long delays.


An immigration lawyer can guide you through the process, help you gather the right documents, and prepare a strong case that addresses potential concerns upfront. At Marble Law, our legal team has helped thousands successfully navigate nonimmigrant visa applications. We’ll walk you through each step—from choosing the right visa to preparing for your interview—so you can apply with confidence.

Quality legal care for life’s ups and downs

Get started
Our services

Family law

Immigration law

About
Client support
Our services

Family law

About
Resources
Client support
Marble Law’s top locations include
Disclaimer
Legal information