A nonimmigrant alien is an individual who is not a citizen of the United States but has a permanent residence in another country. This person enters the U.S. temporarily to perform specific services or labor. The key aspect of this definition is that the individual does not intend to abandon their foreign residence while in the United States.
The term "nonimmigrant alien" is commonly used in immigration law. It is relevant in various legal contexts, including employment, travel, and visa applications. Nonimmigrant aliens typically require specific visas to enter the U.S. for work, study, or tourism. Users can manage some related processes using legal templates available through US Legal Forms, which are designed by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A software engineer from Canada comes to the U.S. on a temporary work visa to complete a project for a tech company. They plan to return to Canada after the project ends.
Example 2: A student from Mexico enters the U.S. on a student visa to attend a university for a semester. They intend to return to Mexico after completing their studies. (hypothetical example)
The definition of a nonimmigrant alien is primarily derived from the Immigration and Nationality Act (INA), specifically under 8 U.S.C. § 1101. This statute outlines the criteria and classifications for nonimmigrant status.
| Term | Definition | Key Differences |
|---|---|---|
| Immigrant Alien | A person who moves to the U.S. with the intention of living there permanently. | Nonimmigrant aliens have temporary status, while immigrant aliens seek permanent residency. |
| Visitor | A nonimmigrant who enters the U.S. for leisure or tourism. | All visitors are nonimmigrant aliens, but not all nonimmigrant aliens are visitors; some may work or study. |
If you believe you qualify as a nonimmigrant alien, start by determining the appropriate visa category for your situation. You can find legal templates and guidance on US Legal Forms to assist with the application process. If your case is complex, consider consulting a legal professional for tailored advice.
Browse our library of 85,000+ state-specific legal templates.
| Attribute | Details |
|---|---|
| Typical Visa Types | H-1B, L-1, F-1, B-2 |
| Duration of Stay | Varies by visa type, typically from a few months to several years |
| Work Authorization | Dependent on visa type; not all nonimmigrant aliens can work |
A tourist is a type of nonimmigrant alien who visits the U.S. solely for leisure. Not all nonimmigrant aliens are tourists; some may come for work or study.