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A temporary visa is a "nonimmigrant" visa. Nonimmigrant visas come in many variations and are each identified by a different letter of the alphabet. The letter designations refer to the specific subsections of the Federal Code where the visas are defined. Subsection B, for example, deals with tourist visas, while subsection L deals with intracompany transferee visas. Each category of nonimmigrant visa is subject to different rules and terms. For example, the E visa may be maintained indefinitely, but the L-1A visa has a maximum term of seven years. Despite the differences, there are certain common characteristics of nonimmigrant visas.

A nonimmigrant visa permits a foreign national to seek admission to the United States for a specific purpose. The foreign national is admitted for a temporary period of time. Now, in reality, temporary can mean almost anything. An E visa holder, for example, can continue to hold E visas for as long as he is eligible without a maximum time limit. A Canadian TN nonimmigrant may also hold TN status indefinitely. In both cases, temporary may, in fact, mean indefinitely. Nonetheless, all nonimmigrant visa holders remain "temporary" visitors in the eyes of the U.S. government even if the visa holder has been living in the United States for twenty years! Only permanent residents are permitted to reside permanently in the United States. All nonimmigrant visa holders are, by definition, "temporary" visitors.

Once a nonimmigrant visa holder is admitted to the United States, he or she is restricted to those activities permitted by his or her visa. Each visa category is different; indeed, each individual's visa is different. A Consular Official may place certain restrictions on one individual's visa and not on another individual's visa even if the two individuals have visas in the same category.

Before a Consular Officer issues a nonimmigrant visa, he or she uses a checklist of issues to determine whether or not an individual is entitled to a nonimmigrant visa. Generally, the list includes the following:

1. Is the purpose of the visit temporary?
2. Will the foreign national depart the United States at the end of his or her temporary visit?
3. Is the individual maintaining a foreign residence to which he or she will return?
4. Will the foreign national be able to support himself or herself financially?
5. Is the foreign national inadmissible?
6. Is the foreign national a threat to the security of the United States?

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