Skip to Content

Rule

Visas: Documentation of Immigrants and Nonimmigrants-Visa Classification Symbols

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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. 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.

DATES:

This rule is effective November 25, 2009.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

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

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Which new immigrant classification symbol is being added?

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?

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?

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?

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 Start Printed Page 61518grounds 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?

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?

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?

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?

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?

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?

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

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 Start Printed Page 61519since 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.

Start List of Subjects

List of Subjects

End List of Subjects Start Amendment Part

For the reasons stated in the preamble, the Department of State amends

End Amendment Part Start Part

PART 41—[AMENDED]

End Part Start Amendment Part

1. The authority citation for Part 41 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 through 2681-801.

End Authority Start Amendment Part

2. Revise § 41.12 to read as follows:

End Amendment Part
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

SymbolClassSection of law
A1Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family101(a)(15)(A)(i).
A2Other Foreign Government Official or Employee, or Immediate Family101(a)(15)(A)(ii).
A3Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family101(a)(15)(A)(iii).
B1Temporary Visitor for Business101(a)(15)(B).
B2Temporary Visitor for Pleasure101(a)(15)(B).
B1/B2Temporary Visitor for Business & Pleasure101(a)(15)(B).
C1Alien in Transit101(a)(15)(C).
C1/DCombined Transit and Crewmember Visa101(a)(15)(C) and (D).
C2Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement101(a)(15)(C).
C3Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit212(d)(8).
CW1Commonwealth of Northern Mariana Islands Transitional WorkerSection 6(d) of Pub. L. 94-241, as added by sec. 702(a) of Pub. L. 110-229.
CW2Spouse or Child of CW1Section 6(d) of Pub. L. 94-241, as added by sec. 702(a) of Pub. L. 110-229.
DCrewmember (Sea or Air)101(a)(15)(D).
E1Treaty Trader, Spouse or Child101(a)(15)(E)(i).
E2Treaty Investor, Spouse or Child101(a)(15)(E)(ii).
E2CCommonwealth of Northern Mariana Islands Investor, Spouse or ChildSection 6(c) of Pub. L. 94-241, as added by sec. 702(a) of Pub. L. 110-229.
E3Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation101(a)(15)(E)(iii).
E3DSpouse or Child of E3101(a)(15)(E)(iii).
E3RReturning E3101(a)(15)(E)(iii).
F1Student in an academic or language training program101(a)(15)(F)(i).
F2Spouse or Child of F1101(a)(15)(F)(ii).
F3Canadian or Mexican national commuter student in an academic or language training program101(a)(15)(F)(iii).
G1Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family101(a)(15)(G)(i).
G2Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family101(a)(15)(G)(ii).
G3Representative of Nonrecognized or Nonmember Foreign Government to International Organization, or Immediate Family101(a)(15)(G)(iii).
G4International Organization Officer or Employee, or Immediate Family101(a)(15)(G)(iv).
G5Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family101(a)(15)(G)(v).
H1BAlien in a Specialty Occupation (Profession)101(a)(15)(H)(i)(b).
H1B1Chilean or Singaporean National to Work in a Specialty Occupation101(a)(15)(H)(i)(b1).
H1CNurse in health professional shortage area101(a)(15)(H)(i)(c).
Start Printed Page 61520
H2ATemporary Worker Performing Agricultural Services Unavailable in the United States101(a)(15)(H)(ii)(a).
H2BTemporary Worker Performing Other Services Unavailable in the United States101(a)(15)(H)(ii)(b).
H3Trainee101(a)(15)(H)(iii).
H4Spouse or Child of Alien Classified H1B/B1/C, H2A/B, or H-3101(a)(15)(H)(iv).
IRepresentative of Foreign Information Media, Spouse and Child101(a)(15)(I).
J1Exchange Visitor101(a)(15)(J).
J2Spouse or Child of J1101(a)(15)(J).
K1Fiance(e) of United States Citizen101(a)(15)(K)(i).
K2Child of Fiance(e) of U.S. Citizen101(a)(15)(K)(iii).
K3Spouse of U.S. citizen awaiting availability of immigrant visa101(a)(15)(K)(ii).
K4Child of K3101(a)(15)(K)(iii).
L1Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation)101(a)(15)(L).
L2Spouse or Child of Intracompany Transferee101(a)(15)(L).
M1Vocational Student or Other Nonacademic Student101(a)(15)(M)(i).
M2Spouse or Child of M1101(a)(15)(M)(ii).
M3Canadian or Mexican national commuter student (Vocational student or other nonacademic student)101(a)(15)(M)(iii).
N8Parent of an Alien Classified SK3 or SN3101(a)(15)(N)(i).
N9Child of N8 or of SK1, SK2, SK4, SN1, SN2 or SN4101(a)(15)(N)(ii).
NATO 1Principal 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 FamilyArt. 12, 5 UST 1094; Art. 20, 5 UST 1098.
NATO 2Other 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 VisasArt. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796.
NATO 3Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate FamilyArt. 14, 5 UST 1096.
NATO 4Official of NATO (Other Than Those Classifiable as NATO1), or Immediate FamilyArt. 18, 5 UST 1098.
NATO 5Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their DependentsArt. 21, 5 UST 1100.
NATO 6Member 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 DependentsArt. 1, 4 UST 1794; Art. 3, 5 UST 877.
NATO 7Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate FamilyArts. 12-20, 5 UST 1094-1098.
O1Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics101(a)(15)(O)(i).
O2Alien Accompanying and Assisting in the Artistic or Athletic Performance by O1101(a)(15)(O)(ii).
O3Spouse or Child of O1 or O2101(a)(15)(O)(iii).
P1Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group101(a)(15)(P)(i).
P2Artist or Entertainer in a Reciprocal Exchange Program101(a)(15)(P)(ii).
P3Artist or Entertainer in a Culturally Unique Program101(a)(15)(P)(iii).
P4Spouse or Child of P1, P2, or P3101(a)(15)(P)(iv).
Q1Participant in an International Cultural Exchange Program101(a)(15)(Q)(i).
R1Alien in a Religious Occupation101(a)(15)(R).
R2Spouse or Child of R1101(a)(15)(R).
S5Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise101(a)(15)(S)(i).
S6Certain Aliens Supplying Critical Information Relating to Terrorism101(a)(15)(S)(ii).
S7Qualified Family Member of S5 or S6101(a)(15)(S).
T1Victim of a severe form of trafficking in persons101(a)(15)(T)(i).
T2Spouse of T1101(a)(15)(T)(ii).
T3Child of T1101(a)(15)(T)(ii).
T4Parent of T1101(a)(15)(T)(ii).
T5Unmarried Sibling under age 18 of T1101(a)(15)(T)(ii) as amended by sec. 201(a) of Pub. L. 110-457.
TNNAFTA Professional214(e)(2).
TDSpouse or Child of NAFTA Professional214(e)(2).
U1Victim of criminal activity101(a)(15)(U)(i).
U2Spouse of U1101(a)(15)(U)(ii).
U3Child of U1101(a)(15)(U)(ii).
U4Parent of U1 under 21 years of age101(a)(15)(U)(ii).
Start Printed Page 61521
U5Unmarried Sibling under age 18 of U1 under 21 years of age101(a)(15)(U)(ii).
V1Spouse of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V2Child of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V3Child of a V1 or V2203(d) & 101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
Start Part

PART 42—[AMENDED]

End Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Amendment Part

4. Revise § 42.11 to read as follows:

End Amendment Part
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

SymbolClassSection of law
Immediate Relatives
IR1Spouse of U.S. Citizen201(b).
IR2Child of U.S. Citizen201(b).
IR3Orphan Adopted Abroad by U.S. Citizen201(b) & 101(b)(1)(F).
IH3Child from Hague Convention Country Adopted Abroad by U.S. Citizen201(b) & 101(b)(1)(G).
IR4Orphan to be Adopted in U.S. by U.S. Citizen201(b) & 101(b)(1)(F).
IH4Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen201(b) & 101(b)(1)(G).
IR5Parent of U.S. Citizen at Least 21 Years of Age201(b).
CR1Spouse of U.S. Citizen (Conditional Status)201(b) & 216.
CR2Child of U.S. Citizen (Conditional Status)201(b) & 216.
IW1Certain Spouses of Deceased U.S. Citizens201(b).
IW2Child of IW1201(b).
IB1Self-petition Spouse of U.S. Citizen204(a)(1)(A)(iii).
IB2Self-petition child of U.S. Citizen204(a)(1)(A)(iv).
IB3Child of IB1204(a)(1)(A)(iii).
VI5Parent of U.S. Citizen Who Acquired Permanent Resident Status Under the Virgin Islands Nonimmigrant Alien Adjustment Act201(b) & sec. 2 of the Virgin Islands Nonimmigrant Alien Adjustment Act, (Pub. L. 97-271).
Vietnam Amerasian Immigrants
AM1Vietnam Amerasian Principal584(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.
AM2Spouse or Child of AM1584(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 Public Law 100-102) as amended.
AM3Natural 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 Public Law 100-102) as amended.
Special Immigrants
SB1Returning Resident101(a)(27)(A).
SC1Person Who Lost U.S. Citizenship by Marriage101(a)(27)(B) & 324(a).
SC2Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces101(a)(27)(B) & 327.
SI1Certain Aliens Employed by the U.S. Government in Iraq or Afghanistan as Translators or InterpretersSection 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.
SI2Spouse of SI1Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.
SI3Child of SI1Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.
SM1Alien Recruited Outside the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces for 12 Years101(a)(27)(K).
Start Printed Page 61522
SM2Spouse of SM1101(a)(27)(K).
SM3Child of SM1101(a)(27)(K).
SQ1Certain Iraqis or Afghans Employed by or on Behalf of the U.S. GovernmentSection 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.
SQ2Spouse of SQ1Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.
SQ3Child of SQ1Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.
SU2Spouse of U1INA 245(m)(3) & INA 101(a)(15)(U)(ii).
SU3Child of U1INA 245(m)(3) & INA 101(a)(15)(U)(ii).
SU5Parent of U1INA 245(m)(3) & INA 101(a)(15)(U)(ii).
Family-Sponsored Preferences
Family 1st Preference
F11Unmarried Son or Daughter of U.S. Citizen203(a)(1).
F12Child of F11203(d) & 203(a)(1).
B11Self-petition Unmarried Son or Daughter of U.S. Citizen204(a)(1)(A)(iv) & 203(a)(1).
B12Child of B11203(d), 204(a)(1)(A)(iv) & 203(a)(1).
Family 2nd Preference (Subject to Country Limitations)
F21Spouse of Lawful Permanent Resident203(a)(2)(A).
F22Child of Lawful Permanent Resident203(a)(2)(A).
F23Child of F21 or F22203(d) & 203(a)(2)(A).
F24Unmarried Son or Daughter of Lawful Permanent Resident203(a)(2)(B).
F25Child of F24203(d) & 203(a)(2)(B).
C21Spouse of Lawful Permanent Resident (Conditional)203(a)(2)(A) & 216.
C22Child of Alien Resident (Conditional)203(a)(2)(A) & 216.
C23Child of C21 or C22 (Conditional)203(d) & 203(a)(2)(A) & 216.
C24Unmarried Son or Daughter of Lawful Permanent Resident (Conditional)203(a)(2)(B) & 216.
C25Child of F24 (Conditional)203(d) & 203(a)(2)(B) & 216.
B21Self-petition Spouse of Lawful Permanent Resident204(a)(1)(B)(ii).
B22Self-petition Child of Lawful Permanent Resident204(a)(1)(B)(iii).
B23Child of B21 or B22203(d) & 204(a)(1)(B)(ii).
B24Self-petition Unmarried Son or Daughter of Lawful Permanent Resident204(a)(1)(B)(iii).
B25Child of B24203(d) & 204(a)(1)(B)(iii).
Family 2nd Preference (Exempt from Country Limitations)
FX1Spouse of Lawful Permanent Resident202(a)(4)(A) & 203(a)(2)(A).
FX2Child of Lawful Permanent Resident202(a)(4)(A) & 203(a)(2)(A).
FX3Child of FX1 or FX2202(a)(4)(A) & 203(a)(2)(A) & 203(d).
CX1Spouse of Lawful Permanent Resident (Conditional)202(a)(4)(A) & 203(a)(2)(A) & 216.
CX2Child of Lawful Permanent Resident (Conditional)202(a)(4)(A) & 203(a)(2)(A) & 216.
CX3Child of CX1 or CX2 (Conditional)202(a)(4)(A) & 203(a)(2)(A) & 203(d) & 216.
BX1Self-petition Spouse of Lawful Permanent Resident204(a)(1)(B)(ii).
BX2Self-petition Child of Lawful Permanent Resident204(a)(1)(B)(iii).
BX3Child of BX1 or BX2204(a)(1)(B)(ii) & 203(d).
Family 3rd Preference
F31Married Son or Daughter of U.S. Citizen203(a)(3).
F32Spouse of F31203(d) & 203(a)(3).
F33Child of F31203(d) & 203(a)(3).
C31Married Son or Daughter of U.S. Citizen (Conditional)203(a)(3) & 216.
C32Spouse of C31 (Conditional)203(d) & 203(a)(3) & 216.
C33Child of C31 (Conditional)203(d) & 203(a)(3) & 216.
B31Self-petition Married Son or Daughter of U.S. Citizen204(a)(1)(A)(iv) & 203(a)(3).
B32Spouse of B31203(d), 204(a)(1)(A)(iv) & 203(a)(3).
B33Child of B31203(d), 204(a)(1)(A)(iv) & 203(a)(3).
Family 4th Preference
F41Brother or Sister of U.S. Citizen at Least 21 Years of Age203(a)(4).
Start Printed Page 61523
F42Spouse of F41203(d) & 203(a)(4).
F43Child of F41203(d) & 203(a)(4).
Employment-Based Preferences
Employment 1st Preference (Priority Workers)
E11Alien with Extraordinary Ability203(b)(1)(A).
E12Outstanding Professor or Researcher203(b)(1)(B).
E13Multinational Executive or Manager203(b)(1)(C).
E14Spouse of E11, E12, or E13203(d) & 203(b)(1)(A) & 203(b)(1)(B) & 203(b)(1)(C).
E15Child of E11, E12, or E13203(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)
E21Professional Holding Advanced Degree or Alien of Exceptional Ability203(b)(2).
E22Spouse of E21203(d) & 203(b)(2).
E23Child of E21203(d) & 203(b)(2).
Employment 3rd Preference (Skilled Workers, Professionals, and Other Workers)
E31Skilled Worker203(b)(3)(A)(i).
E32Professional Holding Baccalaureate Degree203(b)(3)(A)(ii).
E34Spouse of E31 or E32203(d) & 203(b)(3)(A)(i) & 203(b)(3)(A)(ii).
E35Child of E31 or E32203(d) & 203(b)(3)(A)(i) & 203(b)(3)(A)(ii).
EW3Other Worker (Subgroup Numerical Limit)203(b)(3)(A)(iii).
EW4Spouse of EW3203(d) & 203(b)(3)(A)(iii).
EW5Child of EW3203(d) & 203(b)(3)(A)(iii).
Employment 4th Preference (Certain Special Immigrants)
BC1Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization101(a)(27)(M) & 203(b)(4).
BC2Accompanying spouse of BC1101(a)(27)(M) & 203(b)(4).
BC3Accompanying child of BC1101(a)(27)(M) & 203(b)(4).
SD1Minister of Religion101(a)(27)(C)(ii)(I) & 203(b)(4).
SD2Spouse of SD1101(a)(27)(C)(ii)(I) & 203(b)(4).
SD3Child of SD1101(a)(27)(C)(ii)(I) & 203(b)(4).
SE1Certain Employees or Former Employees of the U.S. Government Abroad101(a)(27)(D) & 203(b)(4).
SE2Spouse of SE1101(a)(27)(D) & 203(b)(4).
SE3Child of SE1101(a)(27)(D) & 203(b)(4).
SF1Certain Former Employees of the Panama Canal Company or Canal Zone Government101(a)(27)(E) & 203 (b)(4).
SF2Spouse or Child of SF1101(a)(27)(E) & 203 (b)(4).
SG1Certain Former Employees of the U.S. Government in the Panama Canal Zone101(a)(27)(F) & 203 (b)(4).
SG2Spouse or Child of SG1101(a)(27)(F) & 203 (b)(4).
SH1Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979101(a)(27)(G) & 203 (b)(4).
SH2Spouse or Child of SH1101(a)(27)(G) & 203(b)(4).
SJ1Certain Foreign Medical Graduates (Adjustments Only)101(a)(27)(H).
SJ2Accompanying Spouse or Child of SJ1101(a)(27)(H) & 203(b)(4).
SK1Certain Retired International Organization employees101(a)(27)(I)(iii) & 203(b)(4).
SK2Spouse of SK1101(a)(27)(I)(iv) & 203(b)(4).
SK3Certain Unmarried Sons or Daughters of an International Organization Employee101(a)(27)(I)(i) & 203(b)(4).
SK4Certain Surviving Spouses of a deceased International Organization Employee101(a)(27)(I)(ii) & 203(b)(4).
SL1Juvenile Court Dependent (Adjustment Only)101(a)(27)(J) & 203(b)(4).
SN1Certain retired NATO6 civilians101(a)(27)(L) & 203(b)(4).
SN2Spouse of SN1101(a)(27)(L) & 203(b)(4).
SN3Certain unmarried sons or daughters of NATO6 civilian employees101(a)(27)(L) & 203(b)(4).
SN4Certain surviving spouses of deceased NATO6 civilian employees101(a)(27)(L) & 203(b)(4).
SPAlien 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, 2001Section 421 of Public Law 107-56.
SR1Certain Religious Workers101(a)(27)(C)(ii)(II) & (III) as amended, & 203(b)(4).
SR2Spouse of SR1101(a)(27)(C)(ii)(II) & (III) as amended, & 203(b)(4).
SR3Child of SR1101(a)(27)(C)(ii)(II) & (III) as amended, & 203(b)(4).
Start Printed Page 61524
Employment 5th Preference (Employment Creation Conditional Status)
C51Employment Creation OUTSIDE Targeted Areas203(b)(5)(A).
C52Spouse of C51203(d) & 203(b)(5)(A).
C53Child of C51203(d) & 203(b)(5)(A).
T51Employment Creation IN Targeted Rural/High Unemployment Area203(b)(5)(B).
T52Spouse of T51203(d) & 203 (b)(5)(B).
T53Child of T51203(d) & 203(b)(5)(B).
R51Investor Pilot Program, Not in Targeted Area203(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.
R52Spouse of R51203(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.
R53Child of R51203(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.
I51Investor Pilot Program, in Targeted Area203(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.
I52Spouse of I51203(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.
I53Child of I51203(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
DV1Diversity Immigrant203(c).
DV2Spouse of DV1203(d) & 203(c).
DV3Child of DV1203(d) & 203(c).
Start Signature

November 16, 2009.

Michael D. Kirby,

Acting Assistant Secretary for Consular Affairs, Department of State.

End Signature End Supplemental Information

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

BILLING CODE 4710-06-P