Under immigration law there are four types of individuals. Citizens, immigrants, non-immigrants and illegal. Citizens have the most amount of rights. A citizen cannot be deported for committing crimes or doing other illegal acts (this applies to individuals who become U.S. citizens as well as those born U.S. citizens).
Immigrants are those individuals who come to the U.S. as lawful permanent residents. These are individuals who come to the United States intending to give up their residence the foreign country.
Non-immigrants are individuals who come to the United States for purposes other than immigration. They may come here for work, research, travel, investment, etc.
Illegal individuals are individuals who are in the U.S. without the permission of the United States government. These individuals have the least amount of rights while present in the United States.
The non-immigrant visa covers a large area of law. Non-immigrants include but are not limited to work visas, investor visas, religious visas, and travel visas. A large majority of individuals want to come to the United States for work. In order to come to the United States on a work visa, the applicant needs to show a number of things to the immigration officials. This depends on the type of visa applied for - priority worker, exceptional ability worker, skilled or non-skilled.
Generally the following need to be shown.
1) the employer is unable to find someone who is a U.S. citizen who is willing, qualified or able to do the job
2) the employer will be paying the prevailing wages or higher to the non-immigrant
Certain classes of individuals have different rules when applying for a non-immigrant visa. For example, professional athletes or teachers.
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