“Oh, he is on a tourist visa.”
“Really? I thought he was here on a student visa.”
You may often hear people speak of a noncitizen being here “on a work visa” or “on a student visa.” This expression is technically incorrect, not to mention being potentially misleading. A visa, very briefly, only helps a person arrive at the port of entry; meanwhile, the type and length of the actual admission, meaning the status, will be determined by what is entered on the electronic Form I-94. Status is also what a person must maintain after being granted entrance into the United States.
What is a Visa?
Every noncitizen who is planning to enter the United States generally must obtain a visa first. Visa is a stamp or sticker that is placed in the noncitizen’s passport. It allows a person to apply for admission to the United States at a port of entry (E.g., an airport, a seaport, or a land border crossing.) Visas can be issued for a single admission or multiple entries; they can also be issued for a short duration or a multi-year period.
In general, there are two types of visas: (i) immigrant visas and (ii) nonimmigrant visas. While nonimmigrant visas are obtained for ‘temporary purposes’, meaning that the holder of a visa must plan to leave the United States before or at the expiration of their visa; immigrant visas are obtained for ‘permanent purposes’ with an intention to reside in the United States permanently.
There are also dual intent visas (E.g., H-1B, L-1, O-1) that can be categorized under nonimmigrant visas. These visas allow a person to have a permanent intent and a temporary intent simultaneously. For instance, H-1B nonimmigrant visa holders may have dual intent, meaning they may intend to work temporarily as a nonimmigrant, but also may seek lawful permanent resident status at the same time.
Does having a visa guarantee your entry to the United States?
No, it does not. Having a visa, on its own, does not guarantee your entry into the United States.
In a nutshell, having a visa means that you have been evaluated by a consular officer abroad (E.g., at a U.S. Embassy or Consulate), and have been found eligible to travel to the United States for a specific purpose.
What is a Status?
Once the noncitizen arrives at the port-of-entry, s/he will be inspected by a U.S. Customs and Border Protection (CBP) officer. As part of the admission process, the CBP officer has the authority to decide either deny or allow the noncitizen to enter the United States, along with how long the noncitizen can stay for that particular visit.
After the inspection, if the noncitizen is allowed to enter the United States, the CBP officer will provide an admission stamp in the noncitizen’s passport or issue an electronic Form I-94, "Arrival and Departure Record." Each status designated in the Form I-94 has varying set of regulations and imposes different rights and responsibilities.
Even if your visa, let’s say, expires while you are in the United States, your status will still be intact as long as you remain in the country and keep complying with all the required laws and regulations. However, if you need to travel outside the U.S., then you will be required to obtain a new visa.
Remember: The electronic Form I-94 contains the port of entry, most recent date of entry, the classification (E.g., tourist, student, etc.) and “Admit Until Date” which indicates how long the noncitizen is allowed to remain in the United States. Per U.S. Customs and Border Protection (CBP) regulations,
“The Admit Until Date is the date that the traveler’s immigrant status expires. For students and other exchange visitors, this date is ‘D/S’ or Duration of Status. For other visa classifications, this will be a hard end date.”
Remaining in the United States beyond the period of authorized stay (meaning, beyond the “Admit Until Date”) may pave the way for being “out of status” and accruing unlawful presence, which could lead to future bars to entry.
Where can I find my Form I-94?
You can find your electronic Form I-94 online by filling out the required information at U.S. Customs and Border Protection website.
Official U.S. Customs and Border Protection website: https://www.cbp.gov
Can I extend or change my status?
It depends. There are certain nonimmigrant statuses that are allowed to be changed & extended; meanwhile, others are not. If you were lawfully admitted to the United States with a nonimmigrant visa, have a valid reason to change & extend your status, and still in full compliance with the laws and regulations of what your status requires, then you might be able to change or extend your status through U.S. Citizenship and Immigration Services (USCIS).
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