Understanding the Difference Between a Visa and Status: A Guide for U.S. Visitors

One of the most common questions we hear is: What is the difference between a visa and status? Understanding these two critical concepts is essential for anyone visiting or living in the United States. This post unpacks these terms and provides an illustrative example to help you grasp their implications.

• Visa: A visa is a document issued by a U.S. consulate or embassy that allows you to request entry into the United States during the visa’s validity period. It does not determine how long you can stay in the U.S.
• Status: Status refers to the authorized period you are allowed to remain in the U.S., as determined by U.S. Customs and Border Protection (CBP) when you enter the country. This is shown on your Form I-94.

Let’s consider an example. Oscar, a Swiss national, applies for an E-2 visa to start a small business in the U.S. He is granted a visa valid from January 1, 2023, to December 31, 2026. This means that during this four-year period, Oscar can present his visa at a U.S. port of entry to request admission into the country.

The visa’s validity is influenced by the reciprocity period, which varies by country. For instance:

• A Canadian E-2 visa applicant could receive a visa valid for up to five years.
• An Egyptian E-2 applicant might only receive a three-month visa due to the reciprocity agreement between the U.S. and Egypt.

When Oscar enters the U.S. on January 2, 2023, CBP grants him a two-year authorized stay, as noted on his I-94. His authorized stay allows him to remain in the U.S. until January 1, 2025, even though his visa remains valid until 2026. Oscar must either leave the US or extend his status before January 1, 2025.

The critical point is that the period of authorized stay (I-94), not the visa validity, governs how long a visitor can remain in the U.S. Once inside the country, the visa’s expiration date becomes irrelevant until the individual leaves and seeks re-entry.

If Oscar’s visa expires while he is in the U.S., he can remain in the country as long as he is within his authorized period of stay, as noted on the I-94 form. However, if he leaves the U.S. after his visa expires, he must apply for a new visa at a U.S. consulate before returning.

Instead of leaving the US before his I-94 expires, Oscar can apply to U.S. Citizenship and Immigration Services (USCIS) to extend his status beyond his original I-94 expiration date. He must do so in time for USCIS to receive the extension application before the I-94 expires. If approved, USCIS will issue a new I-94, granting him a longer stay. However, this extension does not renew his visa, meaning he will need a valid visa to re-enter the U.S. if he travels abroad.

1. Visa Validity: Determines when you can request entry into the U.S.
2. Status (I-94): Controls how long you can legally remain in the U.S. after entry.
3. Visa Renewal: Required for re-entry into the US if the visa has expired, even with an extended status.

Understanding the distinction between a visa and status can help you avoid complications during your stay in the U.S. If you have questions about your visa or status, Scott Legal, P.C. is here to help. Contact us today to schedule a consultation and access our free resources, including webinars and immigration guides.