Visas: Documentation of Immigrants and Nonimmigrants; Visa Classification
Federal Register: March 20, 2008 (Volume 73, Number 55)
Rules and Regulations
Page 14926-14934
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr20mr08-9
DEPARTMENT OF STATE 22 CFR Parts 41 and 42
Public Notice: 6135
Visas: Documentation of Immigrants and Nonimmigrants --Visa
Classification Symbols
AGENCY: State Department.
ACTION: Final rule.
SUMMARY: The Department is amending its regulations to add new classification symbols to the immigrant and nonimmigrant classification tables. The amendment is necessary to implement legislation that has created additional immigrant and nonimmigrant classifications as described herein. Additionally, the Department is removing immigrant classifications that have become obsolete as a result of either their deletion from the Immigration and Nationality Act ``INA'' or the expiration of legislative provisions that had temporarily authorized them. This rule also corrects typographical errors noted in the tables.
DATES: This rule is effective March 20, 2008.
FOR FURTHER INFORMATION CONTACT: Barbara J. Kennedy, Legislation and
Regulations Division, Visa Services, U.S. Department of State,
Washington, DC 20520-0106, phone (202) 663-1206.
SUPPLEMENTARY INFORMATION:
Which immigrant classifications are being added?
The new immigrant classification symbols listed are for children residing habitually in Hague Adoption Convention countries who have been or will be adopted by U.S. citizens who are habitually residents in the United States (IH3, IH4), and for two additional classes of special immigrants: certain nationals of Afghanistan and Iraq employed by the U.S. Government in Afghanistan or Iraq as translators or interpreters (SI1, SI2, SI3), and certain Iraqis employed by or on behalf of the U.S. Government in Iraq (SQ1, SQ2, SQ3).
Which nonimmigrant classifications are being added?
Added to the nonimmigrant classification tables are symbols for certain nationals of Australia in a specialty occupation (E3), spouses and children accompanying or following to join E3 principal aliens
(E3D), E3 principal aliens who are applying for a new visa when there has been uninterrupted continuity of employment (E3R); treaty aliens from
Page 14927
Singapore and Chile in a specialty occupation (H1B1); unmarried siblings under age 18 of an alien under 21 years of age who has qualified for T1 classification as a victim of a ``severe form of trafficking in persons'' (T5); and unmarried siblings under age 18 of an alien under 21 years of age who has qualified for U1 classification as a victim of certain types of criminal activity helpful in the investigation or prosecution of such activity (U5).
Which immigrant classifications are being removed?
The Department of State is removing the immigrant classification symbol for one class of special immigrant: certain aliens employed at the United States Mission in Hong Kong (SEH) or members of their immediate families. The authority for special immigrant status for that class applied only to aliens who had filed applications for such status by January 1, 2002. Also being removed are two of the five symbols for special immigrants who were recruited outside the United States into the U.S. armed forces and have served or are enlisted in the U.S. armed forces for 12 years and their spouses and children. The deleted symbols pertain to those service members (SM4) and spouses and children (SM5) who became eligible as of the date of enactment (October 1, 1991). Also being deleted is the reference to the date of enactment from the class description for the SM1 classification symbol because the INA provision that was the reason for the additional symbols and the significance of that date was deleted from the INA. As amended, the regulation will provide three SM classification symbols that encompass such service members, spouses, and children without reference to the date they became eligible.
What is the background for the new immigrant visa classifications (IH3 and IH4) for a child from a Hague Convention country?
Section 302 of the Intercountry Adoption Act of 2000, Public Law 106-279, amended the INA by adding a new section 101(b)(1)(G), effective upon the entry into force for the United States of the
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption done at the Hague on May 29, 1993, to accord a classification of immediate relative under section 201(b) to a child who has been adopted in a foreign state, or a child who is emigrating from a foreign state to be adopted in the United States, when the foreign state is a party to the Convention. On December 12, 2007, the
United States deposited its instrument of ratification for the
Convention. In accordance with the terms of the Convention, it will enter into force with respect to the United States on April 1, 2008.
What is the background for the new immigrant visa classifications (SI1,
SI2, SI3) for aliens employed by the U.S. Government in Iraq or
Afghanistan as translators or interpreters, spouse of SI1, and child of
SI1?
Section 1059 of the National Defense Authorization Act for Fiscal
Year 2006, Public Law 109-163, as amended by section 3812 of Public Law 110-28, created the new special immigrant classification for certain self-petitioning translators or interpreters of Iraqi or Afghani nationality who have worked directly with United States Armed Forces or under Chief of Mission authority for a period of at least 12 months.
The alien must have obtained a favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien and, before filing the petition, cleared a background check and screening, as determined by the Chief of Mission or such a general or flag officer. This class is subject to numerical limitations; however, aliens in this class who are granted special immigrant status shall not be counted against any numerical limitation under INA sections 201(d), 202(a), or 203(b)(4). If accompanying or following to join a principal alien, the spouse or child is entitled to derivative special immigrant status. If the principal alien dies after special immigrant status has been granted, the surviving spouse or child is entitled to such status.
What is the background for the new immigrant visa classifications (SQ1,
SQ2, SQ3) for certain Iraqis employed by or on behalf of the U.S.
Government, spouse of SQ1, and child of SQ1?
Section 1244 of the National Defense Authorization Act for Fiscal
Year 2008, Public Law 110-181, created the new special immigrant classification under section 101(a)(27) of the INA for certain qualified self-petitioning Iraqi citizens or nationals. The alien must have been employed by or on behalf of the United States Government in
Iraq on or after March 20, 2003, for not less than one year; have provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation from the employee's senior supervisor or, if the employee's senior supervisor has left the employer or has left Iraq, from the person currently occupying that position or a more senior person; and have experienced or be experiencing an ongoing serious threat as a consequence of the alien's employment by the United States Government. No petition may be approved for such an alien unless the supervisor's positive recommendation or evaluation is accompanied by approval from the Chief of Mission or the designee of the Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or the hiring organization or entity to confirm employment and faithful and valuable service to the United States Government. Further, the alien must be otherwise eligible to receive an immigrant visa; be otherwise admissible to the
United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of the INA) and have cleared a background check and appropriate screening, as determined by the Secretary of Homeland Security. This class is subject to numerical limitations; however, aliens in this class who are granted special immigrant status shall not be counted against any numerical limitation under INA sections 201(d), 202(a), or 203(b)(4). If accompanying or following to join a principal alien, the spouse or child is entitled to derivative special immigrant status. If the principal alien dies after special immigrant status has been granted, the surviving spouse or child is entitled to such status.
What is the background for the new nonimmigrant classifications (E3,
E3D, E3R) for Australian treaty aliens coming to the United States solely to perform services in a specialty occupation, spouse or child of an E3, and returning E3?
Section 501 of Division B, Title V, of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, Public Law 109-13, amended INA 101(a)(15)(E) to add the new nonimmigrant visa classification for certain treaty aliens who are nationals of Australia coming to the United States solely to perform services in a specialty occupation as defined in section 214(i)(1) of the INA, provided the Secretary of Labor determines and certifies to the Secretary of Homeland Security that the intending employer has filed an attestation under section 212(t)(1) of the INA. Annual numerical limitations apply unless the alien is obtaining a new E3 visa after having already been in E3 status in the United
Page 14928
States and establishes that there has been uninterrupted continuity of employment for the same United States-based employer who submitted the original labor condition application and offer of employment. Section 101(a)(15)(E) provides that the spouse or child who is accompanying or following to join a principal alien who qualifies for classification under that section is also entitled to such classification.
What is the background for the new nonimmigrant classification (H1B1) for a Chilean or Singaporean national to work in a specialty occupation?
Sections 402(a)(1) of Public Law 108-77, the United States-Chile
Free Trade Agreement Implementation Act, as amended, and Public Law 108-78, the United States-Singapore Free Trade Agreement Implementation
Act, amended Sections 101(a)(15)(H)(i)(b1) and 214(g)(8)(A) of the INA, to provide for nonimmigrant classification for an alien who is entitled to enter the United States under and in pursuance of the provisions of either of those two free trade agreements, subject to annual numerical limitations established by the Secretary of Homeland Security. Both agreements entered into force on January 1, 2004.
What is the background for the new nonimmigrant classification (T5) for an unmarried sibling under age 18 of a T1 under 21 years of age?
Section 801(b)(2) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005, Public Law 109-162, amended section 101(a)(15)(T) of the INA, which provides for nonimmigrant classification of an alien who is determined by the Secretary of
Homeland Security to be a victim of a ``severe form of trafficking in persons,'' provided he or she also meets additional requirements of that section, and for certain family members, if accompanying or following to join the principal alien. As amended, clause (ii) includes a provision for derivative nonimmigrant classification of an unmarried sibling under 18 years of age on the date the principal alien applies for status, if accompanying or following to join a principal alien under 21 years of age. This rule is adding the T5 classification for such a sibling to the classification table, which already lists the victim (T1), and the spouse (T2) and child (T3) of a T1 principal alien, as well as the parent of a T1 principal under the age of 21
(T4), if accompanying or following to join the principal alien.
What is the background for the new nonimmigrant classification (U5) for an unmarried sibling under age 18 of a U1 under 21 years of age?
Section 801(b)(2) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005, Public Law 109-162, amended section 101(a)(15)(U) of the INA, which provides for nonimmigrant classification of an alien who is determined by the Secretary of
Homeland Security to have suffered physical or mental abuse as a result of having been a victim of certain criminal activity described in that section, provided he or she also meets additional requirements, and for certain family members, if accompanying or following to join the principal alien. As amended, clause (ii) includes a provision for derivative nonimmigrant classification of an unmarried sibling under age 18 as of the date the principal alien applies for status, if accompanying or following to join a principal alien under 21 years of age. This rule is adding the U5 classification to the classification table, which already lists the victim (U1), and the spouse (U2) and child (U3) of a U1 principal alien, as well as the parent of a U1 principal under the age of 21 (U4), if accompanying or following to join the principal alien.
Why is the Department removing symbols for special immigrant status for certain aliens employed at the United States Mission in Hong Kong
(SEH), and for certain aliens recruited outside the United States who have served or are enlisted in the U.S. armed forces for 12 years
(eligible as of October 1, 1991) (SM4), and the spouse or child (SM5)?
Section 152 of Public Law 101-649 established a class of immigrants with special immigrant status for certain aliens employed at the United
States Mission in Hong Kong or their immediate families. The immigrant classification table has listed this class with the symbol SEH.
Subsection (c) of section 152 of Public Law 101-649 stated that special immigrant status applied only to aliens who filed applications for such status under section 152 by not later than January 1, 2002. Because the authority for special immigrant status for this classification no longer exists, the Department is removing the SEH classification symbol.
Section 2(b) of the Armed Forces Immigration Adjustment Act of 1991, Public Law 102-110, amended section 203(b)(6) of the INA. As amended, section 203(b)(6) included a subparagraph (C), which distinguished between those aliens who, as of the date of enactment,
October 1, 1991, met the requirements in section 101(a)(27)(K) for special immigrant status, based on recruitment into the U.S. armed forces outside the United States and at least 12 years of service, and those who met the requirements subsequent to that date. The difference was that immigrants who met the requirements after October 1, 1991 were subject to annual numerical limitations, while those who already met the requirements as of October 1, 1991 were not. The Department assigned classification symbols SM1, SM2, and SM3, respectively, to those principal aliens who met the requirements of section 101(a)(27)(K) after October 1, 1991, their spouses and their children.
The SM4 and SM5 classification symbols were assigned, respectively, to those principal aliens who met those requirements as of October 1, 1991 and their spouses and children. Section 212(b) of the Immigration and
Nationality Technical Corrections Act of 1994, Public Law 103-416, amended section 203(b)(6) of the INA by deleting subparagraph (C). As a result, there is no longer a numerical limitation under section 203(b) for any aliens who qualify for special immigrant status under section 101(a)(27)(K). The Department is therefore removing the SM4 and SM5 classification symbols from the table, and deleting from the class description for SM1 the reference to becoming eligible after the date of enactment.
Regulatory Findings
Administrative Procedure Act
This regulation involves a foreign affairs function of the United
States and, therefore, is not subject to the procedures required by 5
U.S.C. 553 and 554. It is exempt from review under Executive Order 12866 but has been reviewed internally by the Department to ensure consistency with the purposes thereof. This rule does not require analysis under the Regulatory Flexibility Act or the Unfunded Mandates
Reform Act. It has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. It will not have substantial direct effects on the States, the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this rule does not have sufficient federalism implications to warrant application of consultation provisions of Executive Orders 12372 and 13132. This rule does not impose
Page 14929
any new reporting or recordkeeping requirements subject to the
Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Regulatory Flexibility Act/Executive Order 13273: Small Business
Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities.
This regulates individual aliens who seek consideration for immigrant and nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).
The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and import markets.
Executive Order 12866
The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of the regulation justify its costs. The Department does not consider the rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national Government and the
States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.
Paperwork Reduction Act
This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Parts 41 and 42
Aliens, Foreign Officials, Immigration, Nonimmigrants, Passports and Visas, Students. 0
For the reasons stated in the preamble, the Department of State amends 22 CFR parts 41 and 42 to read as follows:
PART 41--[AMENDED] 0 1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 through 2681-801. 0 2. Revise Sec. 41.12 to read as follows:
Sec. 41.12 Classification symbols.
A visa issued to a nonimmigrant alien within one of the classes described in this section shall bear an appropriate visa symbol to show the classification of the alien. The symbol shall be inserted in the space provided on the visa. The following visa symbols shall be used:
Nonimmigrants
Symbol
Class
Section of law
A1................. Ambassador, Public Minister,
101(a)(15)(A)(i).
Career Diplomat or Consular
Officer, or Immediate Family.
A2................. Other Foreign Government
101(a)(15)(A)(ii)
Official or Employee, or
.
Immediate Family.
A3................. Attendant, Servant, or Personal 101(a)(15)(A)(iii
Employee of A1 or A2, or
).
Immediate Family.
B1................. Temporary Visitor for Business.. 101(a)(15)(B).
B2................. Temporary Visitor for Pleasure.. 101(a)(15)(B).
B1/B2.............. Temporary Visitor for Business & 101(a)(15)(B).
Pleasure.
C1................. Alien in Transit................ 101(a)(15)(C).
C1/D............... Combined Transit and Crewmember 101(a)(15)(C) and
Visa.
(D).
C2................. Alien in Transit to United
101(a)(15)(C).
Nations Headquarters District
Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement.
C3................. Foreign Government Official,
212(d)(8).
Immediate Family, Attendant,
Servant or Personal Employee, in Transit.
D.................. Crewmember (Sea or Air)......... 101(a)(15)(D).
E1................. Treaty Trader, Spouse or Child.. 101(a)(15)(E)(i).
E2................. Treaty Investor, Spouse or Child 101(a)(15)(E)(ii)
.
E3................. Australian Treaty Alien Coming 101(a)(15)(E)(iii to the United States Solely to
).
Perform Services in a Specialty
Occupation.
E3D................ Spouse or Child of E3........... 101(a)(15)(E)(iii
).
E3R................ Returning E3.................... 101(a)(15)(E)(iii
).
F1................. Student in an academic or
101(a)(15)(F)(i). language training program.
F2................. Spouse or Child of F1........... 101(a)(15)(F)(ii)
.
F3................. Canadian or Mexican national
101(a)(15)(F)(iii commuter student in an academic ). or language training program.
Page 14930
G1................. Principal Resident
101(a)(15)(G)(i).
Representative of Recognized
Foreign Government to
International Organization,
Staff, or Immediate Family.
G2................. Other Representative of
101(a)(15)(G)(ii)
Recognized Foreign Member
.
Government to International
Organization, or Immediate
Family.
G3................. Representative of Nonrecognized 101(a)(15)(G)(iii or Nonmember Foreign Government ). to International Organization, or Immediate Family.
G4................. International Organization
101(a)(15)(G)(iv)
Officer or Employee, or
.
Immediate Family.
G5................. Attendant, Servant, or Personal 101(a)(15)(G)(v).
Employee of G1 through G4, or
Immediate Family.
H1B................ Alien in a Specialty Occupation 101(a)(15)(H)(i)(
(Profession).
b).
H1B1............... Chilean or Singaporean National 101(a)(15)(H)(i)( to Work in a Specialty
b1).
Occupation.
H1C................ Nurse in Health Professional
101(a)(15)(H)(i)(
Shortage Area.
c).
H2A................ Temporary Worker Performing
101(a)(15)(H)(ii)
Agricultural Services
(a).
Unavailable in the United
States.
H2B................ Temporary Worker Performing
101(a)(15)(H)(ii)
Other Services Unavailable in
(b). the United States.
H3................. Trainee......................... 101(a)(15)(H)(iii
).
H4................. Spouse or Child of Alien
101(a)(15)(H)(iv)
Classified H1B/B1/C, H2A/B/R,
. or H-3.
I.................. Representative of Foreign
101(a)(15)(I).
Information Media, Spouse and
Child.
J1................. Exchange Visitor................ 101(a)(15)(J).
J2................. Spouse or Child of J1........... 101(a)(15)(J).
K1................. Fiance(e) of United States
101(a)(15)(K)(i).
Citizen.
K2................. Child of Fiance(e) of U.S.
101(a)(15)(K)(iii
Citizen.
).
K3................. Spouse of U.S. Citizen Awaiting 101(a)(15)(K)(ii)
Availability of Immigrant Visa. .
K4................. Child of K3..................... 101(a)(15)(K)(iii
).
L1................. Intracompany Transferee
101(a)(15)(L).
(Executive, Managerial, and
Specialized Knowledge Personnel
Continuing Employment with
International Firm or
Corporation).
L2................. Spouse or Child of Intracompany 101(a)(15)(L).
Transferee.
M1................. Vocational Student or Other
101(a)(15)(M)(i).
Nonacademic Student.
M2................. Spouse or Child of M1........... 101(a)(15)(M)(ii)
.
M3................. Canadian or Mexican National
101(a)(15)(M)(iii
Commuter Student (Vocational
).
Student or Other Nonacademic
Student).
N8................. Parent of an Alien Classified
101(a)(15)(N)(i).
SK3 or SN3.
N9................. Child of N8 or of SK1, SK2, SK4, 101(a)(15)(N)(ii)
SN1, SN2 or SN4.
.
NATO 1............. Principal Permanent
Art. 12, 5 UST
Representative of Member State 1094; Art. 20, 5 to NATO (including any of its
UST 1098.
Subsidiary Bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary
General, Assistant Secretaries
General, and Executive
Secretary of NATO; Other
Permanent NATO Officials of
Similar Rank, or Immediate
Family.
NATO 2............. Other Representative of Member
Art. 13, 5 UST
State to NATO (including any of 1094; Art. 1, 4 its Subsidiary Bodies)
UST 1794; Art. including Representatives,
3, 4 UST 1796.
Advisers, and Technical Experts of Delegations, or Immediate
Family; Dependents of Member of a Force Entering in Accordance with the Provisions of the NATO
Status-of-Forces Agreement or in Accordance with the
Provisions of the ``Protocol on the Status of International
Military Headquarters'';
Members of Such a Force if
Issued Visas.
NATO 3............. Official Clerical Staff
Art. 14, 5 UST
Accompanying Representative of 1096.
Member State to NATO (including any of its Subsidiary Bodies), or Immediate Family.
NATO 4............. Official of NATO (Other Than
Art. 18, 5 UST
Those Classifiable as NATO1),
-
or Immediate Family.
NATO 5............. Experts, Other Than NATO
Art. 21, 5 UST
Officials Classifiable Under
-
NATO4, Employed in Missions on
Behalf of NATO, and their
Dependents.
NATO 6............. Member of a Civilian Component
Art. 1, 4 UST
Accompanying a Force Entering
1794; Art. 3, 5 in Accordance with the
UST 877.
Provisions of the NATO Status- of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied
Headquarters Under the
``Protocol on the Status of
International Military
Headquarters'' Set Up Pursuant to the North Atlantic Treaty; and their Dependents.
NATO 7............. Attendant, Servant, or Personal Arts. 12-20, 5
Employee of NATO1, NATO2,
UST 1094-1098.
NATO3, NATO4, NATO5, and NATO6
Classes, or Immediate Family.
O1................. Alien with Extraordinary Ability 101(a)(15)(O)(i). in Sciences, Arts, Education,
Business or Athletics.
O2................. Alien Accompanying and Assisting 101(a)(15)(O)(ii in the Artistic or Athletic
).
Performance by O1.
O3................. Spouse or Child of O1 or O2..... 101(a)(15)(O)(iii
).
P1................. Internationally Recognized
101(a)(15)(P)(i).
Athlete or Member of
Internationally Recognized
Entertainment Group.
P2................. Artist or Entertainer in a
101(a)(15)(P)(ii)
Reciprocal Exchange Program.
.
P3................. Artist or Entertainer in a
101(a)(15)(P)(iii
Culturally Unique Program.
).
P4................. Spouse or Child of P1, P2, or P3 101(a)(15)(P)(iv)
.
Q1................. Participant in an International 101(a)(15)(Q)(i).
Cultural Exchange Program.
Q2................. Irish Peace Process Program
101(a)(15)(Q)(ii)
Participant.
(I).
Q3................. Spouse or Child of Q2........... 101(a)(15)(Q)(ii)
(II).
R1................. Alien in a Religious Occupation. 101(a)(15)(R).
R2................. Spouse or Child of R1........... 101(a)(15)(R).
S5................. Certain Aliens Supplying
101(a)(15)(S)(i).
Critical Information Relating to a Criminal Organization or
Enterprise.
S6................. Certain Aliens Supplying
101(a)(15)(S)(ii)
Critical Information Relating
. to Terrorism.
S7................. Qualified Family Member of S5 or 101(a)(15)(S).
S6.
T1................. Victim of a Severe Form of
101(a)(15)(T)(i).
Trafficking in Persons.
T2................. Spouse of T1.................... 101(a)(15)(T)(ii)
.
T3................. Child of T1..................... 101(a)(15)(T)(ii)
.
Page 14931
T4................. Parent of T1 Under 21 Years of 101(a)(15)(T)(ii)
Age.
.
T5................. Unmarried Sibling Under Age 18 101(a)(15)(T)(ii) of T1 Under 21 Years of Age.
.
TN................. NAFTA Professional.............. 214(e)(2).
TD................. Spouse or Child of NAFTA
214(e)(2).
Professional.
U1................. Victim of Criminal Activity..... 101(a)(15)(U)(i).
U2................. Spouse of U1.................... 101(a)(15)(U)(ii)
.
U3................. Child of U1..................... 101(a)(15)(U)(ii)
.
U4................. Parent of U1 Under 21 Years of 101(a)(15)(U)(ii)
Age.
.
U5................. Unmarried Sibling Under Age 18 101(a)(15)(U)(ii) of U1 Under 21 Years of Age.
.
V1................. Spouse of a Lawful Permanent
101(a)(15)(V)(i)
Resident Alien Awaiting
or
Availability of Immigrant Visa. 101(a)(15)(V)(ii
).
V2................. Child of a Lawful Permanent
101(a)(15)(V)(i)
Resident Alien Awaiting
or
Availability of Immigrant Visa. 101(a)(15)(V)(ii
).
V3................. Child of a V1 or V2............. 203(d) & 101(a)(15)(V)(i) or 101(a)(15)(V)(ii
).
PART 42--[AMENDED] 0 1. The authority citation for part 42 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 107-56, sec. 421. 0 2. Revise Sec. 42.11 to read as follows:
Sec. 42.11 Classification symbols.
A visa issued to an immigrant alien within one of the classes described below shall bear an appropriate visa symbol to show the classification of the alien.
Immigrants
Symbol
Class
Section of law
Immediate Relatives
IR1................ Spouse of U.S. Citizen..... 201(b).
IR2................ Child of U.S. Citizen...... 201(b).
IR3................ Orphan Adopted Abroad by
201(b) & 101(b)(1)(F).
U.S. Citizen.
IH3................ Child from Hague Convention 201(b) & 101(b)(1)(G).
Country Adopted Abroad by
U.S. Citizen.
IR4................ Orphan to be Adopted in
201(b) & 101(b)(1)(F).
U.S. by U.S. Citizen.
IH4................ Child from Hague Convention 201(b) & 101(b)(1)(G).
Country to be Adopted in
U.S. by U.S. Citizen.
IR5................ Parent of U.S. Citizen at 201(b).
Least 21 Years of Age.
CR1................ Spouse of U.S. Citizen
201(b) & 216.
(Conditional Status).
CR2................ Child of U.S. Citizen
201(b) & 216.
(Conditional Status).
IW1................ Certain Spouses of Deceased 201(b).
U.S. Citizens.
IW2................ Child of IW1............... 201(b).
IB1................ Self-petition Spouse of
204(a)(1)(A)(iii).
U.S. Citizen.
IB2................ Self-petition Child of U.S. 204(a)(1)(A)(iv).
Citizen.
IB3................ Child of IB1............... 204(a)(1)(A)(iii).
VI5................ Parent of U.S. Citizen Who 201(b) & sec. 2 of the
Acquired Permanent
Virgin Islands
Resident Status Under the
Nonimmigrant Alien
Virgin Islands
Adjustment Act, (Pub.
Nonimmigrant Alien
L. 97-271).
Adjustment Act.
Vietnam Amerasian Immigrants
AM1................ Vietnam Amerasian Principal 584(b)(1)(A) of the
Foreign Operations,
Export Financing, and
Related Programs
Appropriations Act, 1988 (as contained in section 101(e) of
Pub. L. 100-102) as amended.
AM2................ Spouse or Child of AM1..... 584(b)(1)(A) and 584(b)(1)(B) of the
Foreign Operations,
Export Financing, and
Related Programs
Appropriations Act, 1988 (as contained in section 101(e) of
Pub. L. 100-102) as amended.
AM3................ Natural Mother of AM1 (and 584(b)(1)(A) and
Spouse or Child of Such
584(b)(1)(C) of the
Mother) or Person Who has
Foreign Operations,
Acted in Effect as the
Export Financing, and
Mother, Father, or Next-of- Related Programs
Kin of AM1 (and Spouse or
Appropriations Act,
Child of Such Person).
1988 (as contained in section 101(e) of
Pub. L. 100-102) as amended.
Special Immigrants
SB1................ Returning Resident......... 101(a)(27)(A).
SC1................ Person Who Lost U.S.
101(a)(27)(B) &
Citizenship by Marriage.
324(a).
SC2................ Person Who Lost U.S.
101(a)(27)(B) & 327.
Citizenship by Serving in
Foreign Armed Forces.
SI1................ Certain Aliens Employed by Section 1059 of Pub. the U.S. Government in
L. 109-163 as amended
Iraq or Afghanistan as
by Pub. L. 110-36.
Translators or
Interpreters.
SI2................ Spouse of SI1.............. Section 1059 of Pub.
L. 109-163 as amended by Pub. L. 110-36.
Page 14932
SI3................ Child of SI1............... Section 1059 of Pub.
L. 109-163 as amended by Pub. L. 110-36.
SM1................ Alien Recruited Outside the 101(a)(27)(K).
United States Who Has
Served or is Enlisted to
Serve in the U.S. Armed
Forces for 12 Years.
SM2................ Spouse of SM1.............. 101(a)(27)(K).
SM3................ Child of SM1............... 101(a)(27)(K).
SQ1................ Certain Iraqis Employed by Section 1244 of Public or on Behalf of the U.S.
Law 110-181.
Government.
SQ2................ Spouse of SQ1.............. Section 1244 of Public
Law 110-181.
SQ3................ Child of SQ1............... Section 1244 of Public
Law 110-181.
Family-Sponsored Preferences
Family 1st Preference
F11................ Unmarried Son or Daughter 203(a)(1). of U.S. Citizen.
F12................ Child of F11............... 203(d) & 203(a)(1).
B11................ Self-petition Unmarried Son 204(a)(1)(A)(iv) & or Daughter of U.S.
203(a)(1).
Citizen.
B12................ Child of B11............... 203(d), 204(a)(1)(A)(iv) & 203(a)(1).
Family 2nd Preference (Subject to Country Limitations)
F21................ Spouse of Lawful Permanent 203(a)(2)(A).
Resident.
F22................ Child of Lawful Permanent 203(a)(2)(A).
Resident.
F23................ Child of F21 or F22........ 203(d) & 203(a)(2)(A).
F24................ Unmarried Son or Daughter 203(a)(2)(B). of Lawful Permanent
Resident.
F25................ Child of F24............... 203(d) & 203(a)(2)(B).
C21................ Spouse of Lawful Permanent 203(a)(2)(A) & 216.
Resident (Conditional).
C22................ Child of Alien Resident
203(a)(2)(A) & 216.
(Conditional).
C23................ Child of C21 or C22
203(d) & 203(a)(2)(A)
(Conditional).
& 216.
C24................ Unmarried Son or Daughter 203(a)(2)(B) & 216. of Lawful Permanent
Resident (Conditional).
C25................ Child of F24 (Conditional). 203(d) & 203(a)(2)(B)
& 216.
B21................ Self-petition Spouse of
204(a)(1)(B)(ii).
Lawful Permanent Resident.
B22................ Self-petition Child of
204(a)(1)(B)(iii).
Lawful Permanent Resident.
B23................ Child of B21 or B22........ 203(d) & 204(a)(1)(B)(ii).
B24................ Self-petition Unmarried Son 204(a)(1)(B)(iii). or Daughter of Lawful
Permanent Resident.
B25................ Child of B24............... 203(d) & 204(a)(1)(B)(iii).
Family 2nd Preference (Exempt from Country Limitations)
FX1................ Spouse of Lawful Permanent 202(a)(4)(A) &
Resident.
203(a)(2)(A).
FX2................ Child of Lawful Permanent 202(a)(4)(A) &
Resident.
203(a)(2)(A).
FX3................ Child of FX1 or FX2........ 202(a)(4)(A) & 203(a)(2)(A) & 203(d).
CX1................ Spouse of Lawful Permanent 202(a)(4)(A) &
Resident (Conditional).
203(a)(2)(A) & 216.
CX2................ Child of Lawful Permanent 202(a)(4)(A) &
Resident (Conditional).
203(a)(2)(A) & 216.
CX3................ Child of CX1 or CX2
202(a)(4)(A) &
(Conditional).
203(a)(2)(A) & 203(d)
& 216.
BX1................ Self-petition Spouse of
204(a)(1)(B)(ii).
Lawful Permanent Resident.
BX2................ Self-petition Child of
204(a)(1)(B)(iii).
Lawful Permanent Resident.
BX3................ Child of BX1 or BX2........ 204(a)(1)(B)(ii) & 203(d).
Family 3rd Preference
F31................ Married Son or Daughter of 203(a)(3).
U.S. Citizen.
F32................ Spouse of F31.............. 203(d) & 203(a)(3).
F33................ Child of F31............... 203(d) & 203(a)(3).
C31................ Married Son or Daughter of 203(a)(3) & 216.
U.S. Citizen (Conditional).
C32................ Spouse of C31 (Conditional) 203(d) & 203(a)(3) & 216.
C33................ Child of C31 (Conditional). 203(d) & 203(a)(3) & 216.
B31................ Self-petition Married Son 204(a)(1)(A)(iv) & or Daughter of U.S.
203(a)(3).
Citizen.
B32................ Spouse of B31.............. 203(d), 204(a)(1)(A)(iv) & 203(a)(3).
B33................ Child of B31............... 203(d), 204(a)(1)(A)(iv) & 203(a)(3).
Family 4th Preference
F41................ Brother or Sister of U.S. 203(a)(4).
Citizen at Least 21 Years of Age.
F42................ Spouse of F41.............. 203(d) & 203(a)(4).
F43................ Child of F41............... 203(d) & 203(a)(4).
Employment-Based Preferences
Employment 1st Preference (Priority Workers)
E11................ Alien with Extraordinary
203(b)(1)(A).
Ability.
E12................ Outstanding Professor or
203(b)(1)(B).
Researcher.
E13................ Multinational Executive or 203(b)(1)(C).
Manager.
E14................ Spouse of E11, E12, or E13. 203(d) & 203(b)(1)(A)
& 203(b)(1)(B) & 203(b)(1)(C).
Page 14933
E15................ Child of E11, E12, or E13.. 203(d) & 203(b)(1)(A)
& 203(b)(1)(B) & 203(b)(1)(C).
Employment 2nd Preference (Professionals Holding Advanced Degrees or
Persons of Exceptional Ability)
E21................ Professional Holding
203(b)(2).
Advanced Degree or Alien of Exceptional Ability.
E22................ Spouse of E21.............. 203(d) & 203(b)(2).
E23................ Child of E21............... 203(d) & 203(b)(2).
Employment 3rd Preference (Skilled Workers, Professionals, and Other
Workers)
E31................ Skilled Worker............. 203(b)(3)(A)(i).
E32................ Professional Holding
203(b)(3)(A)(ii).
Baccalaureate Degree.
E34................ Spouse of E31 or E32....... 203(d) & 203(b)(3)(A)(i) & 203(b)(3)(A)(ii).
E35................ Child of E31 or E32........ 203(d) & 203(b)(3)(A)(i) & 203(b)(3)(A)(ii).
EW3................ Other Worker (Subgroup
203(b)(3)(A)(iii).
Numerical Limit).
EW4................ Spouse of EW3.............. 203(d) & 203(b)(3)(A)(iii).
EW5................ Child of EW3............... 203(d) & 203(b)(3)(A)(iii).
Employment 4th Preference (Certain Special Immigrants)
BC1................ Broadcaster in the U.S.
101(a)(27)(M) & employed by the
203(b)(4).
International Broadcasting
Bureau of the Broadcasting
Board of Governors or a grantee of such organization.
BC2................ Accompanying spouse of BC1. 101(a)(27)(M) & 203(b)(4).
BC3................ Accompanying child of BC1.. 101(a)(27)(M) & 203(b)(4).
SD1................ Minister of Religion....... 101(a)(27)(C)(ii)(I) & 203(b)(4).
SD2................ Spouse of SD1.............. 101(a)(27)(C)(ii)(I) & 203(b)(4).
SD3................ Child of SD1............... 101(a)(27)(C)(ii)(I) & 203(b)(4).
SE1................ Certain Employees or Former 101(a)(27)(D) &
Employees of the U.S.
203(b)(4).
Government Abroad.
SE2................ Spouse of SE1.............. 101(a)(27)(D) & 203(b)(4).
SE3................ Child of SE1............... 101(a)(27)(D) & 203(b)(4).
SF1................ Certain Former Employees of 101(a)(27)(E) & the Panama Canal Company
203(b)(4). or Canal Zone Government.
SF2................ Spouse or Child of SF1..... 101(a)(27)(E) & 203(b)(4).
SG1................ Certain Former Employees of 101(a)(27)(F) & the U.S. Government in the 203(b)(4).
Panama Canal Zone.
SG2................ Spouse or Child of SG1..... 101(a)(27)(F) & 203(b)(4).
SH1................ Certain Former Employees of 101(a)(27)(G) & the Panama Canal Company
203(b)(4). or Canal Zone Government on April 1, 1979.
SH2................ Spouse or Child of SH1..... 101(a)(27)(G) & 203(b)(4).
SJ1................ Certain Foreign Medical
101(a)(27)(H).
Graduates (Adjustments
Only).
SJ2................ Accompanying Spouse or
101(a)(27)(H) &
Child of SJ1.
203(b)(4).
SK1................ Certain Retired
101(a)(27)(I)(iii) &
International Organization 203(b)(4). employees.
SK2................ Spouse of SK1.............. 101(a)(27)(I)(iv) & 203(b)(4).
SK3................ Certain Unmarried Sons or 101(a)(27)(I)(i) &
Daughters of an
203(b)(4).
International Organization
Employee.
SK4................ Certain Surviving Spouses 101(a)(27)(I)(ii) & of a deceased
203(b)(4).
International Organization
Employee.
SL1................ Juvenile Court Dependent
101(a)(27)(J) &
(Adjustment Only).
203(b)(4).
SN1................ Certain retired NATO6
101(a)(27)(L) & civilians.
203(b)(4).
SN2................ Spouse of SN1.............. 101(a)(27)(L) & 203(b)(4).
SN3................ Certain unmarried sons or 101(a)(27)(L) & daughters of NATO6
203(b)(4). civilian employees.
SN4................ Certain surviving spouses 101(a)(27)(L) & of deceased NATO6 civilian 203(b)(4). employees.
SP................. Alien Beneficiary of a
Section 421 of Public petition or labor
Law 107-56. certification application filed prior to September 11, 2001, if the petition or application was rendered void due to a terrorist act of September 11, 2001. Spouse, child of such alien, or the grandparent of a child orphaned by a terrorist act of September 11, 2001.
SR1................ Certain Religious Workers.. 101(a)(27)(C)(ii)(II)
& (III) as amended, & 203(b)(4).
SR2................ Spouse of SR1.............. 101(a)(27)(C)(ii)(II)
& (III) as amended, & 203(b)(4).
SR3................ Child of SR1............... 101(a)(27)(C)(ii)(II)
& (III) as amended, & 203(b)(4).
Employment 5th Preference (Employment Creation Conditional Status)
C51................ Employment Creation OUTSIDE 203(b)(5)(A).
Targeted Areas.
C52................ Spouse of C51.............. 203(d) & 203(b)(5)(A).
C53................ Child of C51............... 203(d) & 203(b)(5)(A).
T51................ Employment Creation IN
203(b)(5)(B).
Targeted Rural/High
Unemployment Area.
T52................ Spouse of T51.............. 203(d) & 203(b)(5)(B).
T53................ Child of T51............... 203(d) & 203(b)(5)(B).
R51................ Investor Pilot Program, Not 203(b)(5) & Sec. 610 in Targeted Area.
of the Departments of
Commerce, Justice, and State, the
Judiciary and Related
Agencies
Appropriations Act, 1993 (Pub. L. 102- 395), as amended.
Page 14934
R52................ Spouse of R51.............. 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice, and State, the
Judiciary and Related
Agencies
Appropriations Act, 1993 (Pub. L. 102- 395), as amended.
R53................ Child of R51............... 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice, and State, the
Judiciary and Related
Agencies
Appropriations Act, 1993 (Pub. L. 102- 395), as amended.
I51................ Investor Pilot Program, in 203(b)(5) & Sec. 610
Targeted Area.
of the Departments of
Commerce, Justice, and State, the
Judiciary and Related
Agencies
Appropriations Act, 1993 (Pub. L. 102- 395), as amended.
I52................ Spouse of I51.............. 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice, and State, the
Judiciary and Related
Agencies
Appropriations Act, 1993 (Pub. L. 102- 395), as amended.
I53................ Child of I51............... 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice, and State, the
Judiciary and Related
Agencies
Appropriations Act, 1993 (Pub. L. 102- 395), as amended.
Other Numerically Limited Categories
Diversity Immigrants
DV1................ Diversity Immigrant........ 203(c).
DV2................ Spouse of DV1.............. 203(d) & 203(c).
DV3................ Child of DV1............... 203(d) & 203(c).
Dated: March 3, 2008.
Stephen A. Edson,
Acting Assistant Secretary for Consular Affairs, Department of State.
FR Doc. E8-5413 Filed 3-19-08; 8:45 am
BILLING CODE 4710-06-P
