A visa is an authorization for an alien to enter and stay in the United States which is affixed to the foreign passport of the alien. It is issued under the authority of the Department of State, usually at a consulate or embassy located in a foreign country, which is typically the country of residency or citizenship of the alien. If the purpose of the entry is to establish permanent residency, then the visa is an immigrant visa. If the purpose is a temporary stay in the United States, then the visa is a non-immigrant visa. In the latter case, the visa must be valid at the time of entry but can expire during the stay without affecting the immigration status of the visa holder, so long as an accompanying document, the I-94 is still valid and unexpired.

The images on this page represent several types of non-immigrant visas that may be encountered. In checking for employment authorization, it is always important to check the I-94, which is an equally critical document. The non-immigrant visa is directed more to border and customs officials at a port of entry, who issue the I-94 and staple it into the visitor's foreign passport. The employer should check both the non-immigrant visa and the I-94 documents, but if the non-immigrant visa was valid at the time of entry, has expired in the meantime, and the I-94 is still valid, then the stay in the U.S. is nonetheless authorized.

Whether employment is also authorized for the combination of the non-immigrant visa and the I-94 which is presented by the new hire is a more complex question. A number of non-immigrant visa categories exist, only a handful of which qualify for employment authorization. If there is doubt, legal counsel should be consulted within the three days alloted for employment eligibility checks after the date of hire. Requiring other proof of employment authorization could violate anti-discrimination laws, and careless acceptance of an invalid or non-qualifying non-immigrant visa can lead to employer sanctions. For more information, Click here.

A much earlier non-computerized type of visa that could theoretically be encountered in practice appears as a stamp in the passport. A sample image appears below.

At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, call Messing Law Offices for professional Arizona immigration attorney assistance.