Skip to Content
Rule

Visas: Documentation of Immigrants and Nonimmigrants-Visa Classification Symbols

Action

Final Rule.

Summary

The Department is amending its regulations to add new classification symbols to the immigrant and nonimmigrant classification tables. This amendment is necessary to implement legislation that created additional immigrant and nonimmigrant classifications as described herein. Additionally, the Department is amending or removing existing classifications that have changed as a result of new legislation or the expiration of legislative provisions that had temporarily authorized them.

 

Table of Contents Back to Top

Tables Back to Top

DATES: Back to Top

This rule is effective November 25, 2009.

FOR FURTHER INFORMATION CONTACT: Back to Top

Emily C. Cooperman, Legislation and Regulations Division, Visa Services, U.S. Department of State, Washington, DC 20520-0106, phone (202) 663-1203.

SUPPLEMENTARY INFORMATION: Back to Top

Which new immigrant classification symbol is being added? Back to Top

A new immigrant classification for qualifying family members of U1 Nonimmigrant Victim of Criminal Activity, adjustment of status cases for: Spouse, SU2; Child, SU3; and Parent, SU5.

What is the background for the new immigrant classifications (SU2, SU3, SU5) for qualifying family members of U1 Nonimmigrants? Back to Top

Under INA 245(m)(3), upon approval of adjustment of the status of a U1 principal alien, the Secretary of Homeland Security may approve a petition for an immigrant visa for a spouse (SU2), a child (SU3), or in the case of an alien child, a parent (SU5) who did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii) if the Secretary of Homeland Security considers such approval necessary to avoid extreme hardship. To request approval of immigrant visa status for such a relative, the principal alien must file with U.S. Citizenship and Immigration Services (USCIS) a Form I-929, Petition for Qualifying Family Member of a U1 Nonimmigrant. Upon approval of the petition, beneficiaries may apply for an immigrant visa at a visa processing post overseas.

Which immigrant classification is being amended due to new legislation? Back to Top

Certain Iraqis (and Afghanis) employed by or on behalf of the United States Government in Iraq (and Afghanistan), SQ1; Spouse SQ2 and Child SQ3.

What is the background for the amended immigrant visa classifications SQ1, SQ2, SQ3? Back to Top

In addition to Iraqis employed by or on behalf of the United States Government in Iraq, section 1244 of Public Law 110-181, section 602(b) of Division F, Title IV, of the Omnibus Appropriations Act, 2009, Public Law 111-8, authorizes SQ1 status for an Afghan national who has been employed by or on behalf of the United States Government in Afghanistan on or after October 7, 2001, for a period of not less than one year; has provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation from the alien's senior supervisor; has been determined by the Chief of Mission (COM) or the COM's designee to have experienced, or be experiencing an ongoing serious threat as a consequence of the employment by or on behalf of the U.S. Government. Further, the alien must clear a background check and appropriate screening as determined by the Department of Homeland Security, be otherwise eligible to receive an immigrant visa, and be otherwise admissible to the United States for permanent residence, except that, in the determination of such admissibility, the grounds for inadmissibility specified in INA 212(a)(4) (8 U.S.C. 1182(a)(4)) relating to “public charge” shall not apply.

Which nonimmigrant classification symbols are being added? Back to Top

The new nonimmigrant classification symbols are for: Temporary Commonwealth of the Northern Mariana Islands (CNMI)-only transitional workers (CW1, CW2); and Long-Term Investors in the Commonwealth of the Northern Mariana Islands (E2C).

What is the background for the new nonimmigrant classification (CW1 CW2) for a CNMI transitional worker? Back to Top

The Department of Homeland Security (DHS) created a new, temporary, CNMI-only transitional worker classification (CW) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, that will be implemented beginning November 28, 2009. The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. federal immigration system under the INA. A CW transitional worker is an alien worker who is ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI. The CNRA imposes a five-year transition period before the INA requirements become fully applicable in the CNMI. The new CW classification (CW1 for principal transitional workers and CW2 for dependents) will be in effect for the duration of the transition period, unless extended by the Secretary of Labor.

What is the background for the new nonimmigrant classification (E2C CNMI) for a nonimmigrant investor? Back to Top

The Department of Homeland Security is amending its regulations governing E2 nonimmigrant treaty investors to establish procedures for classifying long-term investors in the CNMI as E2C nonimmigrants. The DHS rule implements the CNMI nonimmigrant investor visa provisions of the CNRA extending the immigration laws of the United States to the CNMI. Among the CNMI-specific provisions applicable during the five-year transition period is a provision authorizing the Secretary of Homeland Security to classify an alien foreign investor in the CNMI as a CNMI-only E2C nonimmigrant investor under section 101(a)(15)(E)(ii) of the INA. This status is provided upon application of the alien and notwithstanding the treaty requirements otherwise applicable. Eligible investors are those who: were admitted to the CNMI in long-term investor status under CNMI immigration law before the transition program effective date; have continuously maintained residence in the CNMI under long-term investor status; are otherwise admissible to the United States under the INA; and maintain the investment(s) that formed the basis for the CNMI long-term investor status.

Why is the Department amending and removing the age restrictions for the T4 T5 Nonimmigrant visa classes? Back to Top

Section 201 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, amended section 101(a)(15)(T)(ii) of the INA to provide for T4 and T5 derivative status for any accompanying or following to join parent or unmarried sibling under the age of 18 of an alien who has been accorded T1 status as a victim of trafficking if the Secretary of Homeland Security determines that the parent or sibling faces a present danger of retaliation as a result of the victim's escape from the severe form of trafficking or cooperation with law enforcement. This provision applies without regard to the age of the T1 principal, and is in addition to existing authority in INA 101(a)(15)(T)(ii)(I) for T4 and T5 status for accompanying or following to join parents and unmarried siblings under age 18 of a principal alien who was under the age of 21 as of the date of the principal's application for T1 status. If the principal alien was under the age of 21 at the time of his or her application for T1 status, the parents and any unmarried sibling under 18 who are accompanying or following to join the principal would be entitled to T4 and T5 classification without a DHS determination that they face a present danger of retaliation.

What Classifications are being removed? Back to Top

The Nonimmigrant Visa class “Irish Peace Process Program Participant;” Q2, and the Spouse or Child of the Q2, Q3.

Why are the Q2 and Q3 Classifications being removed? Back to Top

Section 1(d) of Public Law 108-449 repealed the “Irish Peace Process Cultural and Training Program Act of 1998, Public Law 105-319, effective October 1, 2008.

Regulatory Findings Back to Top

Administrative Procedure Act

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

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, 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 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 Back to Top

22 CFR Part 41

22 CFR Part 42

begin regulatory text

For the reasons stated in the preamble, the Department of State amends 22 CFR Parts 41 and 42 as follows:

PART 41—[AMENDED] Back to Top

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.

2.Revise § 41.12 to read as follows:

§ 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 Back to Top
Symbol Class Section of law
A1 Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family 101(a)(15)(A)(i).
A2 Other Foreign Government Official or Employee, or Immediate Family 101(a)(15)(A)(ii).
A3 Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family 101(a)(15)(A)(iii).
B1 Temporary Visitor for Business 101(a)(15)(B).
B2 Temporary Visitor for Pleasure 101(a)(15)(B).
B1/B2 Temporary Visitor for Business Pleasure 101(a)(15)(B).
C1 Alien in Transit 101(a)(15)(C).
C1/D Combined Transit and Crewmember Visa 101(a)(15)(C) and (D).
C2 Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement 101(a)(15)(C).
C3 Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit 212(d)(8).
CW1 Commonwealth of Northern Mariana Islands Transitional Worker Section 6(d) of 94, as added by sec. 702(a) of Pub. L. 110-229.
CW2 Spouse or Child of CW1 Section 6(d) of 94, as added by sec. 702(a) of Pub. L. 110-229.
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).
E2C Commonwealth of Northern Mariana Islands Investor, Spouse or Child Section 6(c) of 94, as added by sec. 702(a) of Pub. L. 110-229.
E3 Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation 101(a)(15)(E)(iii).
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 language training program 101(a)(15)(F)(i).
F2 Spouse or Child of F1 101(a)(15)(F)(ii).
F3 Canadian or Mexican national commuter student in an academic or language training program 101(a)(15)(F)(iii).
G1 Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family 101(a)(15)(G)(i).
G2 Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family 101(a)(15)(G)(ii).
G3 Representative of Nonrecognized or Nonmember Foreign Government to International Organization, or Immediate Family 101(a)(15)(G)(iii).
G4 International Organization Officer or Employee, or Immediate Family 101(a)(15)(G)(iv).
G5 Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family 101(a)(15)(G)(v).
H1B Alien in a Specialty Occupation (Profession) 101(a)(15)(H)(i)(b).
H1B1 Chilean or Singaporean National to Work in a Specialty Occupation 101(a)(15)(H)(i)(b1).
H1C Nurse in health professional shortage area 101(a)(15)(H)(i)(c).
H2A Temporary Worker Performing Agricultural Services Unavailable in the United States 101(a)(15)(H)(ii)(a).
H2B Temporary Worker Performing Other Services Unavailable in the United States 101(a)(15)(H)(ii)(b).
H3 Trainee 101(a)(15)(H)(iii).
H4 Spouse or Child of Alien Classified H1B/B1/C, H2A/B, or H-3 101(a)(15)(H)(iv).
I Representative of Foreign Information Media, Spouse and Child 101(a)(15)(I).
J1 Exchange Visitor 101(a)(15)(J).
J2 Spouse or Child of J1 101(a)(15)(J).
K1 Fiance(e) of United States Citizen 101(a)(15)(K)(i).
K2 Child of Fiance(e) of U.S. Citizen 101(a)(15)(K)(iii).
K3 Spouse of U.S. citizen awaiting availability of immigrant visa 101(a)(15)(K)(ii).
K4 Child of K3 101(a)(15)(K)(iii).
L1 Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation) 101(a)(15)(L).
L2 Spouse or Child of Intracompany Transferee 101(a)(15)(L).
M1 Vocational Student or Other Nonacademic Student 101(a)(15)(M)(i).
M2 Spouse or Child of M1 101(a)(15)(M)(ii).
M3 Canadian or Mexican national commuter student (Vocational student or other nonacademic student) 101(a)(15)(M)(iii).
N8 Parent of an Alien Classified SK3 or SN3 101(a)(15)(N)(i).
N9 Child of N8 or of SK1, SK2, SK4, SN1, SN2 or SN4 101(a)(15)(N)(ii).
NATO 1 Principal Permanent Representative of Member State to NATO (including any of its 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 Art. 12, 5 UST 1094; Art. 20, 5 UST 1098.
NATO 2 Other Representative of member state to NATO (including any of its Subsidiary Bodies) including Representatives, 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 Art. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796.
NATO 3 Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate Family Art. 14, 5 UST 1096.
NATO 4 Official of NATO (Other Than Those Classifiable as NATO1), or Immediate Family Art. 18, 5 UST 1098.
NATO 5 Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their Dependents Art. 21, 5 UST 1100.
NATO 6 Member of a Civilian Component Accompanying a Force Entering in Accordance with the 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 Art. 1, 4 UST 1794; Art. 3, 5 UST 877.
NATO 7 Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate Family Arts. 12-20, 5 UST 1094-1098.
O1 Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics 101(a)(15)(O)(i).
O2 Alien Accompanying and Assisting in the Artistic or Athletic Performance by O1 101(a)(15)(O)(ii).
O3 Spouse or Child of O1 or O2 101(a)(15)(O)(iii).
P1 Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group 101(a)(15)(P)(i).
P2 Artist or Entertainer in a Reciprocal Exchange Program 101(a)(15)(P)(ii).
P3 Artist or Entertainer in a Culturally Unique Program 101(a)(15)(P)(iii).
P4 Spouse or Child of P1, P2, or P3 101(a)(15)(P)(iv).
Q1 Participant in an International Cultural Exchange Program 101(a)(15)(Q)(i).
R1 Alien in a Religious Occupation 101(a)(15)(R).
R2 Spouse or Child of R1 101(a)(15)(R).
S5 Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise 101(a)(15)(S)(i).
S6 Certain Aliens Supplying Critical Information Relating to Terrorism 101(a)(15)(S)(ii).
S7 Qualified Family Member of S5 or S6 101(a)(15)(S).
T1 Victim of a severe form of trafficking in persons 101(a)(15)(T)(i).
T2 Spouse of T1 101(a)(15)(T)(ii).
T3 Child of T1 101(a)(15)(T)(ii).
T4 Parent of T1 101(a)(15)(T)(ii).
T5 Unmarried Sibling under age 18 of T1 101(a)(15)(T)(ii) as amended by sec. 201(a) of Pub. L. 110-457.
TN NAFTA Professional 214(e)(2).
TD Spouse or Child of NAFTA Professional 214(e)(2).
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 age 101(a)(15)(U)(ii).
U5 Unmarried Sibling under age 18 of U1 under 21 years of age 101(a)(15)(U)(ii).
V1 Spouse of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa 101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V2 Child of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa 101(a)(15)(V)(i) or 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] Back to Top

3.The authority citation for Part 42 continues to read as follows:

Authority:

8 U.S.C. 1104; Pub. L. 107-56, sec. 421.

4.Revise § 42.11 to read as follows:

§ 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 Back to Top
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 U.S. Citizen 201(b) 101(b)(1)(F).
IH3 Child from Hague Convention Country Adopted Abroad by U.S. Citizen 201(b) 101(b)(1)(G).
IR4 Orphan to be Adopted in U.S. by U.S. Citizen 201(b) 101(b)(1)(F).
IH4 Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen 201(b) 101(b)(1)(G).
IR5 Parent of U.S. Citizen at Least 21 Years of Age 201(b).
CR1 Spouse of U.S. Citizen (Conditional Status) 201(b) 216.
CR2 Child of U.S. Citizen (Conditional Status) 201(b) 216.
IW1 Certain Spouses of Deceased U.S. Citizens 201(b).
IW2 Child of IW1 201(b).
IB1 Self-petition Spouse of U.S. Citizen 204(a)(1)(A)(iii).
IB2 Self-petition child of U.S. Citizen 204(a)(1)(A)(iv).
IB3 Child of IB1 204(a)(1)(A)(iii).
VI5 Parent of U.S. Citizen Who Acquired Permanent Resident Status Under the Virgin Islands Nonimmigrant Alien Adjustment Act 201(b) sec. 2 of the Virgin Islands Nonimmigrant Alien Adjustment Act, (97).
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 100) 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 100) as amended.
AM3 Natural Mother of AM1 (and Spouse or Child of Such Mother) or Person Who has Acted in Effect as the Mother, Father, or Next-of-Kin of AM1 (and Spouse or Child of Such Person) 584(b)(1)(A) and 584(b)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of 100) as amended.
Special Immigrants    
SB1 Returning Resident 101(a)(27)(A).
SC1 Person Who Lost U.S. Citizenship by Marriage 101(a)(27)(B) 324(a).
SC2 Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces 101(a)(27)(B) 327.
SI1 Certain Aliens Employed by the U.S. Government in Iraq or Afghanistan as Translators or Interpreters Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.
SI2 Spouse of SI1 Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.
SI3 Child of SI1 Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.
SM1 Alien Recruited Outside the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces for 12 Years 101(a)(27)(K).
SM2 Spouse of SM1 101(a)(27)(K).
SM3 Child of SM1 101(a)(27)(K).
SQ1 Certain Iraqis or Afghans Employed by or on Behalf of the U.S. Government Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.
SQ2 Spouse of SQ1 Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.
SQ3 Child of SQ1 Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.
SU2 Spouse of U1 INA 245(m)(3) INA 101(a)(15)(U)(ii).
SU3 Child of U1 INA 245(m)(3) INA 101(a)(15)(U)(ii).
SU5 Parent of U1 INA 245(m)(3) INA 101(a)(15)(U)(ii).
Family-Sponsored Preferences    
Family 1st Preference    
F11 Unmarried Son or Daughter of U.S. Citizen 203(a)(1).
F12 Child of F11 203(d) 203(a)(1).
B11 Self-petition Unmarried Son or Daughter of U.S. Citizen 204(a)(1)(A)(iv) 203(a)(1).
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 Resident 203(a)(2)(A).
F22 Child of Lawful Permanent Resident 203(a)(2)(A).
F23 Child of F21 or F22 203(d) 203(a)(2)(A).
F24 Unmarried Son or Daughter of Lawful Permanent Resident 203(a)(2)(B).
F25 Child of F24 203(d) 203(a)(2)(B).
C21 Spouse of Lawful Permanent Resident (Conditional) 203(a)(2)(A) 216.
C22 Child of Alien Resident (Conditional) 203(a)(2)(A) 216.
C23 Child of C21 or C22 (Conditional) 203(d) 203(a)(2)(A) 216.
C24 Unmarried Son or Daughter of Lawful Permanent Resident (Conditional) 203(a)(2)(B) 216.
C25 Child of F24 (Conditional) 203(d) 203(a)(2)(B) 216.
B21 Self-petition Spouse of Lawful Permanent Resident 204(a)(1)(B)(ii).
B22 Self-petition Child of Lawful Permanent Resident 204(a)(1)(B)(iii).
B23 Child of B21 or B22 203(d) 204(a)(1)(B)(ii).
B24 Self-petition Unmarried Son or Daughter of Lawful Permanent Resident 204(a)(1)(B)(iii).
B25 Child of B24 203(d) 204(a)(1)(B)(iii).
Family 2nd Preference (Exempt from Country Limitations)    
FX1 Spouse of Lawful Permanent Resident 202(a)(4)(A) 203(a)(2)(A).
FX2 Child of Lawful Permanent Resident 202(a)(4)(A) 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 Resident (Conditional) 202(a)(4)(A) 203(a)(2)(A) 216.
CX2 Child of Lawful Permanent Resident (Conditional) 202(a)(4)(A) 203(a)(2)(A) 216.
CX3 Child of CX1 or CX2 (Conditional) 202(a)(4)(A) 203(a)(2)(A) 203(d) 216.
BX1 Self-petition Spouse of Lawful Permanent Resident 204(a)(1)(B)(ii).
BX2 Self-petition Child of Lawful Permanent Resident 204(a)(1)(B)(iii).
BX3 Child of BX1 or BX2 204(a)(1)(B)(ii) 203(d).
Family 3rd Preference    
F31 Married Son or Daughter of U.S. Citizen 203(a)(3).
F32 Spouse of F31 203(d) 203(a)(3).
F33 Child of F31 203(d) 203(a)(3).
C31 Married Son or Daughter of U.S. Citizen (Conditional) 203(a)(3) 216.
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 or Daughter of U.S. Citizen 204(a)(1)(A)(iv) 203(a)(3).
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. Citizen at Least 21 Years of Age 203(a)(4).
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 Ability 203(b)(1)(A).
E12 Outstanding Professor or Researcher 203(b)(1)(B).
E13 Multinational Executive or Manager 203(b)(1)(C).
E14 Spouse of E11, E12, or E13 203(d) 203(b)(1)(A) 203(b)(1)(B) 203(b)(1)(C).
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 Advanced Degree or Alien of Exceptional Ability 203(b)(2).
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 Baccalaureate Degree 203(b)(3)(A)(ii).
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 Numerical Limit) 203(b)(3)(A)(iii).
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. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization 101(a)(27)(M) 203(b)(4).
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 Employees of the U.S. Government Abroad 101(a)(27)(D) 203(b)(4).
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 the Panama Canal Company or Canal Zone Government 101(a)(27)(E) 203 (b)(4).
SF2 Spouse or Child of SF1 101(a)(27)(E) 203 (b)(4).
SG1 Certain Former Employees of the U.S. Government in the Panama Canal Zone 101(a)(27)(F) 203 (b)(4).
SG2 Spouse or Child of SG1 101(a)(27)(F) 203 (b)(4).
SH1 Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979 101(a)(27)(G) 203 (b)(4).
SH2 Spouse or Child of SH1 101(a)(27)(G) 203(b)(4).
SJ1 Certain Foreign Medical Graduates (Adjustments Only) 101(a)(27)(H).
SJ2 Accompanying Spouse or Child of SJ1 101(a)(27)(H) 203(b)(4).
SK1 Certain Retired International Organization employees 101(a)(27)(I)(iii) 203(b)(4).
SK2 Spouse of SK1 101(a)(27)(I)(iv) 203(b)(4).
SK3 Certain Unmarried Sons or Daughters of an International Organization Employee 101(a)(27)(I)(i) 203(b)(4).
SK4 Certain Surviving Spouses of a deceased International Organization Employee 101(a)(27)(I)(ii) 203(b)(4).
SL1 Juvenile Court Dependent (Adjustment Only) 101(a)(27)(J) 203(b)(4).
SN1 Certain retired NATO6 civilians 101(a)(27)(L) 203(b)(4).
SN2 Spouse of SN1 101(a)(27)(L) 203(b)(4).
SN3 Certain unmarried sons or daughters of NATO6 civilian employees 101(a)(27)(L) 203(b)(4).
SN4 Certain surviving spouses of deceased NATO6 civilian employees 101(a)(27)(L) 203(b)(4).
SP Alien Beneficiary of a petition or labor 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 Section 421 of Public Law 107-56.
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 Targeted Areas 203(b)(5)(A).
C52 Spouse of C51 203(d) 203(b)(5)(A).
C53 Child of C51 203(d) 203(b)(5)(A).
T51 Employment Creation IN Targeted Rural/High Unemployment Area 203(b)(5)(B).
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 in Targeted Area 203(b)(5) Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (102), as amended.
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 (102), 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 (102), as amended.
I51 Investor Pilot Program, in Targeted Area 203(b)(5) Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (102), 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 (102), 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 (102), 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).
end regulatory text

November 16, 2009.

Michael D. Kirby,

Acting Assistant Secretary for Consular Affairs, Department of State.

[FR Doc. E9-28277 Filed 11-24-09; 8:45 am]

BILLING CODE 4710-06-P

Site Feedback