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immigration   INFORMATION CENTER

 

information  Nonimmigrant Visas

GENERAL DESCRIPTION OF VISA CLASSIFICATION (8 U.S.C. S. 1101)

Copyright by Michael Lin, Esquire, October 2001

WARNING: Each visa classification presents a unique and completely different set of issues of its own. To find out how one's immigration status/situation may be affected by the individual requirements of each visa classifications, one should consult an experienced immigration attorney

 
 A1:
Diplomat - an ambassador, public, minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the U.S., and the members of the alien's immediate family
 
 A2:
Diplomatic worker - upon a basis of reciprocity, other officials and employees not listed above who have been accredited by a foreign government recognized de jure by the U.S., and their family members.
 
 A3:
Domestic employees of diplomatic workers - attendants, servants, personal employees of officials and employees who have a Nonimmigrant status under A1 and A2 above
 
 B1/B2:
Temporary visitor for business or pleasure purpose - an alien, having a residence in a foreign country which he has no intention of abandoning and who is visiting the U.S. temporarily for business or temporarily for pleasure. A B-2 visitor will invalidate his immigration status by attending school without first obtaining a change of status approval from the Immigration Services.
 
 C2:
Alien in transit - an alien in immediate and continuous transit through the U.S., or an alien who qualifies as a person entitled to pass in transit to and from the United Nations headquarters District and foreign countries under the provisions of UN Headquarters Agreement.

 D1:
Crewman for a vessel or aircraft who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the U.S. with the vessel or aircraft on which he arrived or some other vessel or aircraft.
 
 D2:
Crewman for vessel or aircraft who intends to land temporarily in Guam and solely in pursuit of his calling as a crewman and to depart from Guam with the vessel on which he arrived
 
 E1:
Treaty Trader (and his immediate family members) who enters the U.S. to carry on substantial trade between the U.S. and the foreign state of which he is a national (only eligible for the nationals of foreign countries with whom the United States has a treaty of commerce and navigation).
 
 E2:
Treaty Investor who enters the U.S. to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital (only eligible for the nationals of foreign countries with whom the United States has a treaty of commerce and navigation).
 
 F2:
Spouse/children of F-1.

 G1:
Representative (including his immediate family members) of an international organization, such as World Bank or International Monetary Fund.
 
 G2:
Other accredited representatives of international organizations.
 
 G3:
An alien able to qualify under G1 or G2 above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the U.S. or that government is not a member of such international organization.
 
 G4:
Officers or employees of such international organizations, and the members of their immediate families.
 
 G5:
Domestic employees of the above representatives, officers or employees of such international organizations.

 H1A:
(no longer available)
 
 H1B:
Foreign national who is admitted to the U.S. to work in a specialty occupation or as a fashion model. In the case of a fashion model, the alien must be of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application.
 
 H1C:
An alien who is coming temporarily to the U.S. to perform services as a registered nurse.
 
 H2A:
An alien having a residence abroad which he has no intention of abandoning who is coming to the U.S. temporarily to perform agricultural labor or services of a temporary or seasonal nature.
 
 H2B:
An alien having a residence abroad which he has no intention of abandoning who is coming to the U.S. temporarily to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country (does not apply to foreign graduates of medical schools coming to the U.S. to perform services as members of the medical profession).
 
 H3:
An alien having a residence abroad which he has no intention of abandoning who is coming to the U.S. temporarily as a trainee (other than to receive graduate medical education or training) in a training program that is not designed primarily to provide productive employment.
 
 I:
Foreign correspondent - an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the U.S. to solely engage in such vocation.

 J:
Exchange Visitor - an alien having a residence abroad which he has no intention of abandoning who is coming to the U.S. temporarily as a participant in a program designed by the United States Information Agency.
 
 K:
Fiancé Visa may be issued to:
  • K1: An alien who is the fiancee of a U.S. citizen who seeks to enter the U.S. solely to conclude a valid marriage with the petitioner within 90 days after admission.
  • K3: An alien who is the spouse of a U.S. citizen and is the beneficiary of an I-130 visa petition filed by the U.S. citizen (the visa petition does not need to be approved).
  • K2/K4: An alien who is the minor child of an alien described in the above clauses.
 
 L:
Intracompany Transferee - An alien who seeks to enter the U.S. temporarily to continue to provide services to its multinational employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive or involves specialized knowledge.
 
 M1:
Vocational Student - An alien having a residence in a foreign country which he has no intention of abandoning, who enters the U.S. to pursue a full course of study at an authorized vocational or other non-academic program.
 
 M2:
Immediate family members of M1.

 N1:
Parent of an alien accorded the status of special immigrant under section 101(a) (27)(I)(i) of the INA.
 
 O1:
Alien of extraordinary ability -an alien who has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and is seeking to enter the U.S. to work in the area of extraordinary ability.
 
 O1:
Alien of extraordinary ability -an alien who has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and is seeking to enter the U.S. to work in the area of extraordinary ability.
 
 O2:
An alien who:
  • seeks to enter the U.S. temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted as O1 for a specific event or events,
  • is an integral part of such actual performance,
  • has critical skills and experience with O1 alien which are not of a general nature and which cannot be performed by other individuals.
 
 P1:
Athletics - an alien having a foreign residence which the alien has no intention of abandoning who is relating to an international recognized level of performance and is coming to the U.S. to perform at such event. Performers - an alien having a foreign residence which the alien has no intention of abandoning who is relating to entertainment group that is recognized internationally (additional requirement for groups that are recognized only nationally) and is coming to the U.S. to engage in such event.

 Q:
Visitor Program for Irish Nationals.
 
 R:
Religious Worker - an alien, for 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit religious organization in the U.S., seeks to enter the U.S. for a period of no more than 5 years to perform religious work.
 
 S:
(Snitch Visa) - visa issues to alien who is in possession of critical reliable information concerning a criminal organization or enterprise, and is willing to supply or has supplied such information to federal or state court; and whose presence in the U.S. is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise.
 
 T:
An alien who is or has been a victim of a severe form of trafficking in persons and is physically present in the U.S., American Samoa, or the Commonwealth of the Northern Mariana Island on account of such trafficking. The alien must have complied with any reasonable request for assistance in the investigation or have not attained 15 years of age and that the alien would suffer extreme hardship involving unusual and severe harm upon removal.
 
 U:
An alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity such as rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, etc. The alien must possess information concerning criminal activity and that s/he has been helpful, is being helpful, or is likely to be helpful in investigation.
 
 V:
An alien who is the beneficiary of an F-2A immigrant visa petition that was filed on or before the date of the enactment of the Legal Immigration Family Equity Act, if such petition (from the filing date) has been pending or approved and an immigrant visa is not immediately available to the alien because of a waiting list of applicants, or the alien's application for an immigrant visa or application to adjust status remains pending.

 
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