Nonimmigrant Visas and Temporary Status
The nonimmigrant framework
Nonimmigrant visas are temporary and status-specific. A candidate must know the major categories: B visitor, F/J academic and exchange, H-1B specialty occupation, L intracompany transferee, O extraordinary ability, TN under USMCA, and R religious worker. Each category has a defined petition process, duration of stay, and permitted activities.
Key traps
Questions love to test dual intent. H-1B and L-1 permit dual intent; F-1, B, and TN generally do not. Another trap is the 60-day grace period and the requirement to maintain status. Also know the difference between a visa (travel document issued abroad) and status (permission to remain), and that a visa does not guarantee admission at the port of entry.
Change of status and extension
Change of status (COS) and extension of stay (EOS) require timely filing and maintenance of status. A common exam trap: filing an EOS after status has already expired may still be adjudicated if filed within the grace period but creates risk. Also distinguish COS from adjustment of status, which is an immigrant process.
Worked example
An F-1 student wants to work off-campus. Rule of thumb: off-campus employment generally requires either curricular practical training (CPT), optional practical training (OPT), or a severe economic hardship authorization - never unauthorized work, which can violate status and bar future benefits.