A non-immigrant is someone who has been granted a temporary visa to come to the U.S. for a specific purpose and for a temporary and limited period of time. There are more than 70 temporary visa categories.

In order to receive a non-immigrant visa the applicant generally must first visit a U.S. Consulate or Embassy abroad and apply for a visa stamp, which is placed in the passport. Then the individual proceeds to the border of the United States and requests admission. Some non-immigrant visa categories first require additional documents or petitions to be filed by a school, employer, or other person or entities in the United States.

Just because someone is granted a visa, does not mean that they will be admitted to the United States. For example, if the interviewing immigration officer at the border, thinks someone is coming for a reason other than that stated on their visa, or for other reasons, they may refuse to let them enter the country.

While a few non-immigrant visa classifications such as H and L (employment based) visas allow a person to come to US on a temporary visa while having a long term intention to immigrate, the rules for most "non-immigrant" visas require that the visa applicant have a residence abroad that they have no intention of abandoning, as well as an intent to return home. So if the immigration officer at the airport or border thinks the prospective non-immigrant has an "immigrant" intent, not an intent to come here only for a temporary period, they may refuse to allow the person to enter the United States.

The most common non-immigrant visa categories are the B-1/B-2 visitor visa, the F-1 student, the J-1 exchange visitor, the H-1B temporary worker, and the L intracompany transferee. Individuals in these and all non-immigrant visa categories are advised to familiarize themselves with the conditions of their visa status and to follow the law carefully in order to maintain their visa status. Non-immigrants who overstay their visa status cannot extend their stay or change to another visa status while in the United States, must apply for a new visa stamp only at the U.S. embassy or consulate in their home country, and may even be permanently barred from admission to the United States for ten years or more.

It is important that non-immigrants also understand their visa documents. A visa stamp is a stamp placed in the passport by a U.S. Consular office abroad. While it has validity dates, these dates do not control how long a person may remain in the US while they are here. A visa stamp only indicates the dates during which the person may come to the border and request admission. The actual duration of time granted for the non-immigrants temporary stay is based on their I-94 Record of Arrival/Departure in combination with their other immigration documents, such as the approval of any prior visa petitions, or other immigration documents such as the I-20 issued to non-immigrant students.

Students

Illinois, and Cook County in particular, is a great place to get an education and to experience American culture and life. Illinois ranks sixth in the country in the number of international students who have decided to attend school here. In fact, more than 25,000 international students choose to study in Illinois with some 4,769 at the University of Illinois in Urbana-Champaign and 2,439 studying at the University of Illinois in Chicago. In fact, international students contribute some $617 million dollars to the Illinois economy each year according to the Institute for International Education.

They come here because of the superb quality of education at our institutions of higher learning, our recreation, sports, and special events, our wonderful museums, cultural institutions, and nightlife, as well as the diversity of cultures, resources, and the welcoming spirit of the people of Cook County. Cook County is a great place to visit, study, and live!

We encourage you to consider Cook County, Illinois for your education. For more information about educational opportunities in Illinois visit the Study Illinois Web site at: www.studyillinois.com

Student Visa Requirements

There are three different kinds of visas which students use to enter the United States: the F-1 visa status (typical foreign students including elementary, high school, and college or university), the M-1 visa status (vocational students), and the J-1 (Exchange Visitor) visa status. This section will provide a brief explanation of the requirements to study in the USA.

All individuals seeking admission to the United States as students must show three things:

• Academic Admissibility
• Proof of funding
• English Language Proficiency or availability of training at the institution prior to beginning a degree program.

International students also must show that they have a residence abroad to which they intend to return, and that they are otherwise admissible to the U.S.

Academic Admissibility
In order to determine if you are academically admissible, you must check with the school you wish to attend. Generally, schools will ask you to send a copy of your official transcripts or the Grade Reports from all previous institutions you attended both abroad and in the United States. This also means you usually must provide a copy of your high school diploma, Ordinary levels (OI's) certificate, or other evidence of completion of secondary education, as well as any coursework completed at a College or University level. All transcripts and records must generally bear the seal/stamp of the issuing institution.

The U.S. Institution you wish to attend may also ask you for an evaluation of all transcripts and grade reports issued by institutions outside the United States or Canada. There are several credential evaluating services which you can use. These include: World Education Services www.wes.org , Education Credential Evaluators www.ece.org , or Educational Perspectives www.educational-perspectives.org or the International Education Research Foundation www.ierf.org . You should check with the institution you wish to attend to ascertain if they require a credential evaluation from an outside company or whether they provide this service at their institution.

Translation of all non-English language transcripts and grade reports is also usually required. The translation should be signed by the translator and the name of the company or governmental organization making the translation. The translation should include contact information for the translator including address, phone, and fax number.

Proof of Funding
International students are also asked to provide evidence that they have sufficient funding (required by the US Government) to cover their tuition, fees, books, and living expenses. Generally, they only have to show they have funds for the first year of study in hard currency and have the likelihood of securing funds for the rest of their education from the same source. This means parents can show a bank statement covering the cost of the first year of education, and show a means of income which will enable them to support the student for the rest of their educational program in the United States.

To prove they have enough funds for their education, international students can provide a bank statement, in the amount specified by the school they are seeking to attend, in their own name, or alternatively a combination of an Affidavit of Support, Bank Statement, proof of US employment by a sponsor, scholarship, or fellowship. Even ifapplying online,a personmay have to submit a written affidavit by their sponsor.

An Affidavit of Support is an official written and signed statement from the sponsor (which can be a relative, organization, corporation, etc.) stating that s/he has the necessary funds and further, will provide you the necessary specific financial support. The statement and accompanying affidavit should not be more than six months old. All bank statements should have the name and address of the bank as well as a bank seal. They should also include the name and account number of the account holder, which should be either the name of the international student applicant, or the name of the sponsor signing the affidavit of support. Each school generally has its own Affidavit of Support Form for the use of prospective students who wish to attend their institution.

Proof of English Proficiency
Each school determines what level of English proficiency is required in order to pursue a degree program at their institution. Generally, most schools require students to take the TOEFL Test (Test of English as a Foreign Language). If the student does not have sufficient English proficiency, the school may admit an international student first to their English as a second language program before allowing him/her to complete a degree. Students who must first complete an English course (s) in order to become proficient in English, must plan additional time and financial resources to complete their education in the US.

Information about Your Current USA Visa Status
If you are currently in the United States in F-1 or J-1 status, you will be asked to provide the school proof of your current visa status including passport, current and all previous I-20 and DS-2019, I-94, and/or I-797 (if you changed your non-immigrant status in the United States). You must also generally submit a signed Transfer Clearance Form.

If you are currently in the United States in H, L, E, O, P, R, or some other non-immigrant visa status, you may be asked to provide a copy of your passport, EAD card if you have one, I-94 (Record of Arrival/Departure), and I-797 Notice of Approval, and any other related visa paperwork.

If you are in the United States on the basis of a pending application for political asylum or permanent residency, or you are a refugee, applicant for temporary resident status, you may be asked to provide a copy of your passport, I-94 (Record of Arrival/Departure), and if available, a copy of the pending petition.

Please note, if you do not hold a valid visa status in the United States, you are welcome to apply to and attend most institutions in Cook County, however, you should check with each school to determine their policies.

Once you have been admitted to an institution in the USA, and have provided proof of funding, your academic admissibility, and your English proficiency, you will be issued an immigration document. In the case of F-1 and M-1 students, this is called an I-20 Certificate of Eligibility for F-1 or M-1 status. In the case of J-1 Exchange Visitors, you will be given form DS-2019.

Applying for a Student or Exchange Visitor Visa
In order to apply for a student or exchange visitor visa, you will need to do several things. You will need to pay the SEVIS (Student and Exchange Visitor Information System) fee, which is also known as the I-901 fee, schedule an appointment, and then go for your visa interview with the necessary materials which are described below. The SEVIS payment website is https://www.fmjfee.com/index.jhtml .

New students and exchange visitors with a Form I-20 or Form DS-2019 issued on or after September 1, 2004 are subject to the SEVIS fee. Continuing students and exchange visitors are not required to pay the fee except under certain circumstances. For complete information on who needs to pay the fee (or does not need to) see the SEVP website at http://www.ice.gov/graphics/sevis/i901/faq.htm. There is a complete list of questions and answers on all aspects of SEVIS I-901 fee payment.

Additional information about the SEVIS fee can be found of the government's SEVP website at http://www.ice.gov/graphics/sevis/i901/faq4.htm#_Toc81222043. This information, along with a copy of the Form I-901, will provide the student or exchange visitor with basic information needed to pay the SEVIS I-901 fee. You may also want to provide students and exchange visitors with the sources of help provided in Question 8A at http://www.ice.gov/graphics/sevis/i901/faq8.htm#_Toc81222155.

Attached is a PDF of the I-901 Form. Prospective students and exchange visitors who are not in the United States and who do not have web access may have problems getting the form. You can print the form from the PDF or order pre-printed copies through the Eastern Forms Center at fax number 1-800-870-3676.

We recommend that you apply for a visa well in advance of your planned travel to the US as it can take as long as 4 to 8 weeks to obtain an appointment for a nonimmigrant visa at some US Embassies and Consulates. Certain countries may take longer. If you have a valid F-1 visa in your passport, you may not need to obtain a new one if you are transferring from one school to another in the USA and if you have not been outside the USA for more than five months. To apply for a visa, you will need to submit the following documents to the U.S. Embassy or Consulate:

1) Application for Nonimmigrant Visa (Form DS-156), which can be obtained from any U.S. Consulate

2) Supplemental Nonimmigrant Visa Application (Form DS-157), generally required of all male applicants between the ages of 16 and 45, which can be obtained from any U.S. Consulate

3) Application fee (check with the Consulate for the fee amount and how it must be paid)

4) One photograph (1½ inches square [37 x 37mm], showing full face, without head covering, against a light background)

5) Passport

6) Certificate of Eligibility for Nonimmigrant Student Status (INS Form I-20) or DS-2019

7) Admission letter from the Institution in the USA

8) Original documents proving the availability of sufficient funds (the "Total" in item 7 on your Form I-20)

9) Documents which demonstrate that you intend to return home after your studies.

10) Fees and the I-901 SEVIS fee receipt.

The Visa Interview
Most non-immigrant visa applicants must complete an interview with a U.S. Consular Officer at a U.S. Embassy or Consulate abroad. Typically, these interviews are very short. So, it is important to make a good first impression; to be positive and respond to questions with clear, concise answers. We suggest that before your interview, you practice answering questions in English about your visa application, your plans in the U.S., and your plans after you return home.

You may not need to do anything special to prove that you intend to return home (item 9 above). It may be sufficient for you to say, if asked, that you plan to return to your country to work, to continue your studies, or to do whatever you plan to do when you return home. You may need, however,to prove that you have such strong ties to your country that will compel you will return there.

If your visa application is denied, it is usually difficult to get the Consulate to change its decision. For this reason, you need to obtain the best supporting documents you can before you apply. If, despite your best efforts, your application is denied, ask the Consular officer to give you a written explanation of the reason. Also, ask the officer for a list of documents you might bring back in order to address the reason for the denial.

Once you are issued a visa, you can come to the United States to begin your educational journey. For information about living in the US and our community, visit these sections of our web site.

For more information on U.S. Embassies and Consulates, and on the visa application process, you may visit the U.S. Department of State Web site at http://travel.state.gov/.

Visitors

The United States and Cook County, Illinois welcomes visitors from across the world.

According to the U.S. Office of Travel & Tourism Industries (OTTI) in 2005 some 1,084,000 million international visitors came to Chicago to visit: a 16 percentincrease from 2004. There is a good reason for this. Chicago, Cook County, and the State of Illinois is very welcoming to people from around the world. Plus, Chicago is a vibrant city with educational institutions developing and teaching cutting edge research, companies that are growing and thriving in an environment that is both business and labor friendly, great cultural institutions like museums, parks, theatres, and libraries, and neighborhoods with unique restaurants and a fun night life.

We invite you to come to our County and to explore Chicago and the myriad of other fine cities that make up our region. It is relatively easy to get a visa to come to the United States to visit. It is a good idea, though, to understand the visa options that are available for visitors to the United States. The most common types of visas visitors use include:

• Visa Waiver
• B-2 Visitor for Pleasure
• B-1 Visitor for Business
• B-1 visitors under NAFTA
• J-1 Exchange Visitor

The Visa Waiver Program
Visitors who are coming to the United States for 90 days or less from certain countries do not need a visa to enter the United States. In order to come under this program they must have a machine readable passport, and they must be from one of the 27 countries currently participating in this program. These countries include: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

The Visa Waiver Program is not appropriate if you want to work while you are here, change your status to another non-immigrant classification like that of a student or an H1B1 employee, if you are bringing children with you who are on your passport (each person needs their own passport to enter the USA on this program), or if you may want to stay longer than the maximum of 90 days. There is a fee of $6 that must be paid in cash using U.S. dollars at the time of admission.

Although Canada, Mexico and Bermuda are not participants in the Visa Waiver Program, individuals from these countries may be able to enter the USA for visa-free travel providing they meet certain eligibility requirements. For more information about these requirements visit the US Department of State web site at:

http://www.travel.state.gov/visa/temp/without/without_1260.html

B-2 Visitor for Pleasure
The B-2 Visitor for Pleasure visa is used for people from around the world to come to the United States for all kinds of pleasurable visits including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature.

It can also be used by amateur entertainers and athletes to perform in a social or charitable context or to compete in a talent show, contest, or athletic event without compensation except for incidental expenses. It can also be used for people coming here to marry an alien in a residence abroad to which they intend to return and valid nonimmigrant status such as someone currently here in F, H, J, L, or M status providing they have others. There is a fee for this visa, which varies depending on the reciprocal agreement the US government has with the foreign government. These visas can be for a single entry or for multiple entries and can be granted for extended periods of validity depending on your country and circumstances. Individuals who are prospective students who want to check out several schools before making a choice are encouraged to let the consular officer know about this intent so a "prospective student" notation can be placed in the B-2 visa stamp. This makes it easier later to change your status to that of an F-1 student once you decide on the school you want to attend.

B-1 Visitor for Business
The B-1 Visitor Visa is appropriate for people who are coming to the United States for business reasons, but not to work here. Activities that are appropriate for this visa status include attending conventions, conferences, consultations, and other legitimate activities of a commercial or professional nature thatdo not involve local employment, labor for hire, or gainful employment in the United States.

In order to qualify for a business visit in this category, the visitor has to clearly intend to maintain a foreign residence and domicile; the principle place of business and the place where the profit predominantly accrues must be in a foreign country, and each business entry must clearly be temporary in character, even if the nature of the business activity itself is not temporary and may be long continued. So this visa is not appropriate for someone coming to manage a business enterprise in the USA for long term period of time.

Other people who can appropriately use this category of visa for a short term visit include professional athletes, entertainers (for cultural or competitive occasions), still photographers, musicians recording for sale outside the USA, employees of foreign airlines, certain religious missionaries and ministers, and board members of US companies. If you are not sure if this is an appropriate visa category, it is best to consult with a US Immigration attorney for an analysis and assistance.

B-1 for Business under NAFTA
People coming to the United States for Business and are citizens of Canada or Mexico are allowed to enter the country in B-1 status for expanded types of business activities. There are seven categories of activities which are allowed under NAFTA for entry into the USA in B-1 status. These are:
A) research and design;
B) Growth, manufacture, and production;
C) Marketing;
D) Sales;
E) Distribution;
F) After-sales service; and
G) General Service.

J-1 Exchange Visitor Short-term Scholar
Academics who are coming to the US for short term visits can come as a J-1 Exchange Visitor visa using a Ds-2019 form issued by an institution which has an authorized program. Under this category, a single DS-2019 can be used to cover not only the visiting academic's guest lecture at the issuing institution, but also listed lectures at other institutions that separately will be providing honoraria.