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Congressional Research Service
https://crsreports.congress.gov
R45938
Nonimmigrant and Immigrant Visa Categories: Data Brief
Introduction ..................................................................................................................................... 1
Table 1. Nonimmigrant Visas, FY2023 ........................................................................................... 2 Table 2. LPR Categories, FY2023 ................................................................................................... 7
Author Information .......................................................................................................................... 8
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 1
Congress has an interest in the visa categories by which foreign nationals may enter or be present in the United States and how they are being used. U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA), which was first codified in 1952 and has been amended significantly several times since.1 The United States has long distinguished temporary immigration from permanent immigration. Temporary immigration occurs through the admission of visitors for specific purposes and limited periods of time, and encompasses two dozen nonimmigrant categories (which are commonly referred to by the letter and numeral that denote their subparagraph in the INA).2 Permanent immigration occurs through family- and employer- sponsored immigrant categories, the diversity immigrant visa lottery, refugee and asylee admissions, and other pathways.
This brief report provides the following information:
• a list of nonimmigrant (i.e., temporary)3 visa categories and lawful permanent resident (LPR)4 categories;
•
a description of each category;
•
the allowed duration of stay in the United States for each nonimmigrant visa category;
•
the annual numeric limit (or cap), if applicable, for each nonimmigrant and LPR category; and
•
the number of visas issued in FY2023FY2024 under each nonimmigrant category or the number of individuals obtaining LPR status in FY2023FY2024 under each immigrant category.
This information is provided in two tables: Table 1 contains information for nonimmigrant visa categories, and Table 2 contains information for LPR categories.
1 The INA is Title 8 of the U.S. Code. For an overview of U.S. immigration policy, see CRS Report R45020, Primer on U.S. Immigration Policy.
2 These categories are found in INA §101(a)(15), 8 U.S.C. §1101(a)(15).
3 Nonimmigrants are foreign nationals lawfully admitted to the United States for a specific purpose and period of time, including tourists, diplomats, students, temporary workers, and exchange visitors, among others. For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.
4 LPRs are foreign nationals lawfully admitted to the United States to live permanently. For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 2
Table 1. Nonimmigrant Visas, FY2023
Visa
Category Description
Initial Duration
of Staya
Annual Numeric
Limit
FY2023
Visa
Issuances
Visa Category Description FY2024 Visa Issuances A-1A-1
Table 1. Nonimmigrant Visas, FY2024
Initial Duration of Staya
Annual Numeric Limitb
Ambassador, public minister, career diplomat, or consul, and immediate family
Duration of assignment
None 9,448
None 9,469 A-2A-2
Other foreign government official or employee, and immediate family
Duration of assignment
None 98,550
None 96,693 A-3A-3
Attendant, servant, or personal employee of A-1/A-2, and immediate family
Up to three years None 680
None 884 B-1 Visitor for business onlyB-1 Visitor for business only
Six months to one year
None 29,286
B-2 Visitor for pleasure only Six months to one year
None 8,085
None 31,544 B-2 Visitor for pleasure only Six months to one year None 12,072 B-1/B-2B-1/B-2
Visitor for business and pleasure
Six months to one year
None 5,902,426
None
6,498,006
B-1/B-2/ BCC
Border crossing cards for Mexicans
Up to 30 days (or longer if coupled with B-1 or B-2)
None 1,776,152
None
1,871,765
B-1/B-2/ BCV
Mexican Lincoln Border Crossing Visa
Up to 30 days (or longer if coupled with B-1 or B-2)
None 44,878
C-1 Person in transit Up to 29 days None 15,420
C-1/D Combination transit/crew member Up to 29 days None 353,164
None 39,987 C-1 Person in transit Up to 29 days None 11,451 C-1/D Combination transit/crew member Up to 29 days None 324,098 C-2C-2
Person in transit to United Nations Headquarters
Up to 29 days None 239
None 364C-3
C-3
Foreign government official and immediate family, attendant, servant, or personal employee in transit
Up to 29 days None 4,044
None 3,746 C-4 Transit for lightering crewmember Up to 180 days None 1 C-4/D-3 Combination transit and lightering Up to 180 days None 4 CW-1CW-1
Commonwealth of the Northern Mariana Islands (CNMI) transitional worker
Up to one year For FY2023: 11,000 1,845
For FY2024: 10,000 2,517 CW-2 Spouse or child of CW-1 Up to one year None 651 D Crew member Up to 29 days None 6,342CW-2
E-1
Spouse or child of CW-1 Up to one year None 464
D Crew member Up to 29 days None 10,038
E-1 Treaty trader, spouse or child, or employee
Up to two years None 5,806
None 5,639 E-2E-2
Treaty investor, spouse or child, or employee
Up to two years None 54,812
None 55,324 E-2CE-2C
CNMI treaty investor, spouse, or child
Up to two years None 42
None 28 E-3E-3
Australian specialty occupation professional
Up to two years 10,500 4,434
10,500 3,933 E-3D Spouse or child of E-3 Up to two years None 3,574 E-3R Returning E-3 Up to two years None 3,100 F-1E-3D
Spouse or child of E-3 Up to two years None 3,759
E-3R Returning E-3 Up to two years None 2,410
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 3
Visa
Category Description
Initial Duration
of Staya
Annual Numeric
Limit
FY2023
Visa
Issuances
F-1 Foreign student (academic or language training program)
Duration of study (limited to 12 months for secondary school students)
None 445,418
F-2 Spouse or child of F-1 Duration of study None 26,844
None 400,737 F-2 Spouse or child of F-1 Duration of study None 24,055G-1
G-1
Principal resident representative of recognized foreign member government to international organization, staff, and immediate family
Duration of assignment
None 4,935
None 4,786 G-2G-2
Other representative of recognized foreign member government to international organization, staff, and immediate family
Duration of assignment
None 16,657
None 16,553 G-3G-3
Representative of nonrecognized or nonmember foreign government to international organization, staff, and immediate family
Duration of assignment
None 375
None 422 G-4G-4
International organization officer or employee, and immediate family
Duration of assignment
None 25,809
None 22,365 G-5G-5
Attendant, servant, or personal employee of G-1 through G-4, and immediate family
Up to three years None 200
None 236 H-1BH-1B
Temporary worker—professional specialty occupation
Specialty occupation: up to three years; Department of Defense (DOD) research & development: up to five years
Specialty occupation or fashion model: 65,000, plus 20,000 for those with U.S. advanced degrees; renewals and certain research/education employers are not counted against cap;
DOD research & development: 100 at any time
265,777
219,659 H-1B-1H-1 B-1
Free trade agreement professional from Chile or Singapore
Up to one year
1,400 for Chile; 5,400 for Singapore
Chile: 2,095
Singapore:
939944
H-2A
Temporary worker—agricultural workers
Up to one year None 310,676
None 315,328H-2Bb
H-2Bc
Temporary worker—nonagricultural workers
Up to one year (up to three years in certain cases)
66,000
139,541
H-3
Temporary worker—trainee
66,000 131,704
H-3 Temporary worker—trainee Alien trainee: up to two years
Special education exchange visitor program: up to 18 months
Alien trainee: none
Special education exchange visitor program: 50
882
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 4
Visa
Category Description
Initial Duration
of Staya
Annual Numeric
Limit
FY2023
Visa
Issuances
924 H-4H-4
Spouse or child of H-1B, H-1B-1, H- 2A, H-2B, or H-3
Same as H-1, H-2, or H-3 spouse/parent
None 186,748
None 139,874 II
Representative of foreign information media, spouse or child
Duration of employment
None 10,796
J-1 Cultural exchange visitor Duration of program None 316,693
J-2 Spouse or child of J-1 Duration of program None 32,028
None 12,924 J-1 Cultural exchange visitor Duration of program None 322,820 J-2 Spouse or child of J-1 Duration of program None 32,512 K-1 Fiancé(e) of U.S. citizenK-1 Fiancé(e) of U.S. citizen
Valid for four months; must marry within 90 days of entry to adjust to LPR status
None 19,825
K-2 Child of K-1 Same as parent None 3,178
None 47,579 K-2 Child of K-1 Same as parent None 7,306 K-3K-3
Spouse of U.S. citizen awaiting lawful permanent resident visa
Up to two years None 3 K-4 Child of K-3 Up to two years or until 21st birthday None 0
L-1
Up to two years None 6
K-4 Child of K-3 Up to two years or until 21st birthday
None 0
L-1 Intracompany transferee (executive, managerial, and specialized personnel continuing employment with international firm or corporation)
Up to three years; up to one year when beneficiary is coming to open or be employed in a new office
None 76,671
L-2 Spouse or child of L-1 Same as spouse/parent None 83,277
M-1 Vocational student Duration of study None 6,052
M-2 Spouse or child of M-1 Same as spouse/parent None 195
None 71,799 L-2 Spouse or child of L-1 Same as spouse/parent None 73,317 M-1 Vocational student Duration of study None 6,322 M-2 Spouse or child of M-1 Same as spouse/parent None 169NATO-1
NATO-1
Principal permanent representative of member nations to North Atlantic Treaty Organization (NATO), high ranking NATO officials, and immediate family members
Tour of duty None 5
None 28 NATO-2NATO-2
Other representatives of member states to NATO (including any of its subsidiary bodies) and immediate family members; dependents of member of a force entering in accordance with provisions of NATO agreements, members of such force
Tour of duty None 7,058
None 8,630 NATO-3NATO-3
Official clerical staff accompanying a representative of a member state to NATO, and immediate family
Tour of duty None 0
None 3 NATO-4NATO-4
Officials of NATO (other than those classifiable as NATO-1), and immediate family
Tour of duty None 208
None 333 NATO-5NATO-5
Experts employed in missions on behalf of NATO (other than NATO-4 officials), and their dependents
Tour of duty
None
70
NATO-6
Tour of duty None 80
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 5
Visa
Category Description
Initial Duration
of Staya
Annual Numeric
Limit
FY2023
Visa
Issuances
NATO-6 Civilian employees of a force entering in accordance with the provisions of NATO agreements or attached to NATO headquarters, and their dependents
Tour of duty None 856
None 1,914 NATO-7NATO-7
Attendant, servant, or personal employee of NATO-1 through NATO-6, and immediate family
Up to three years None 0
None 1 N-8N-8
Parent of certain special immigrants (pertaining to international organizations)
Up to three years, as long as special immigrant remains a child
None 7
None 10 N-9N-9
Child of N-8 or of certain special immigrants (pertaining to international organizations)
Up to three years, or until no longer a child, whichever is shorter
None 1
None 0 O-1O-1
Person with extraordinary ability in the sciences, arts, education, business, or athletics
Up to three years None 18,994
None 19,457 O-2O-2
Person accompanying and assisting in the artistic or athletic performance by O-1
Up to three years
None
13,922
O-3
Spouse or child of O-1 or O-2
Up to three years
None
6,035
Up to three years None 13,335
O-3 Spouse or child of O-1 or O-2 Up to three years None 6,453
P-1 Internationally recognized athlete or member of an internationally recognized entertainment group and essential support
Up to five years for individual, up to one year for group or team
None 24,165
None 24,494 P-2P-2
Artist or entertainer in a reciprocal exchange program and essential support
Up to one year None 65
None 79 P-3P-3
Artist or entertainer in a culturally unique program and essential support
Up to one year
None
10,213
P-4
Spouse or child of P-1, P-2, or P-3
Same as spouse/parent
None
1,886
Q-1
Up to one year None 8,806
P-4 Spouse or child of P-1, P-2, or P-3 Same as spouse/parent None 1,994
Q-1 International cultural exchange program participant
Up to 15 months None 1,677
R-1 Religious worker Up to 30 months None 5,330
R-2 Spouse or child of R-1 Up to 30 months None 2,679
None 1,781 R-1 Religious worker Up to 30 months None 5,186 R-2 Spouse or child of R-1 Up to 30 months None 2,709 S-5S-5
Witness or informant in criminal matter
Up to three years 200 0
200 0 S-6S-6
Witness or informant in terrorism matter
Up to three years 50 0
S-7 Spouse or child of S-5 and S-6 Up to three years None 0
50 0 S-7 Spouse or child of S-5 and S-6 Up to three years None 0 T-1T-1
Victim of a severe form of trafficking in persons
Up to four years; may adjust to LPR status if conditions are met
5,000
0
T-2
Spouse of T-1
Same as T-1
None
72
T-3
Child of T-1
Same as T-1
None
291
T-4
Parent of T-1 under age 21
Same as T-1
None
56
T-5
Unmarried sibling under age 18 of T-1 under age 21
Same as T-1
None
36
T-6
Adult or minor child of T-2, T-3, T-4, or T-5
Same as T-1
None
24
TN
United States-Mexico-Canada Agreement (USMCA) professional
Up to three years
None
15,672
TD
Spouse or child of TN
Up to three years
None
12,199
U-1
Victim or informant of criminal activity
Up to four years; may adjust to LPR status if conditions are met.
10,000
155
U-2
Spouse of U-1
Same as U-1
None
148
U-3
Child of U-1
Same as U-1
None
999
U-4
Parent of U-1 under age 21
Same as U-1
None
23
U-5
Unmarried sibling under age 18 of U-1 under age 21
Same as U-1
None
17
Total
10,969,936
5,000 0
T-2 Spouse of T-1 Same as T-1 None 95
T-3 Child of T-1 Same as T-1 None 340
T-4 Parent of T-1 under age 21 Same as T-1 None 58
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 6
Visa
Category Description
Initial Duration
of Staya
Annual Numeric
Limit
FY2023
Visa
Issuances
T-5 Unmarried sibling under age 18 of T-1 under age 21
Same as T-1 None 50
T-6 Adult or minor child of T-2, T-3, T- 4, or T-5
Same as T-1 None 11
TN United States-Mexico-Canada Agreement (USMCA) professional
Up to three years None 32,904
TD Spouse or child of TN Up to three years None 17,600
U-1 Victim or informant of criminal activity
Up to four years; may adjust to LPR status if conditions are met.
10,000 225
U-2 Spouse of U-1 Same as U-1 None 216
U-3 Child of U-1 Same as U-1 None 1,306
U-4 Parent of U-1 under age 21 Same as U-1 None 18
U-5 Unmarried sibling under age 18 of U-1 under age 21
Same as U-1 None 24
V-1c Spouse of LPR who has had immigrant visa petition pending for three years or longer; transitional visa that leads to LPR status when visa becomes available
Up to two years None 0
V-2c Child of LPR who has had immigrant visa petition pending for three years or longer
Up to two years, or until 21st birthday
None 0
V-3c Child of V-1 or V-2 Up to two years, or until 21st birthday
None 0
Total
10,438,327
Source: Visa Category, Description, Duration of Stay, and Annual Numeric Limit: §§101(a)(15), 212, and 214 of the Immigration and Nationality Act (8 U.S.C. §§1101(a)(15), 1182, and 1184); and §214 of 8 C.F.R. FY2023FY2024 Visa Issuances: U.S. Department of State, Report of the Visa Office 20232024, Table XV (B).
a. Some visa categories allow for an extension of stay. For more information, see Appendix in CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.
b. In recent years, Congress has enacted provisions authorizing DHS to make additional H-2B visas available (above the cap) subject to specified conditions. For more information, see CRS Report R44306, The H-2B Visa and the Statutory Cap.
c. No longer in use. Created in FY2001, V nonimmigrant visas allowed family members with pending immigrant visas to be in the United States with their LPR spouses and parents while waiting to complete the permanent immigration process. To be eligible for V visas, individuals must have had petitions for family preference immigrant visas filed on their behalf before December 21, 2000. No V visas have been issued since FY2007 because, by then, all such individuals were able to obtain LPR status.
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 7
Table 2. LPR Categories, FY2023
LPR
Category Description
Annual
Numeric Limit
FY2023 LPR
Recipientsa
LPR Category
Description
Annual Numeric Limit
Employment-Based Preference Immigrants
EB-1 Priority workers 40,040 57,140
EB-1 Priority workers 40,040 46,990 EB-2EB-2
Professionals with advanced degrees or aliens of exceptional ability
40,040 55,790
40,040 46,580 EB-3EB-3
Skilled workers, professionals, and needed unskilled workers
40,040b
(including up to
10,000 for
unskilled 48,550 EB-4“"other workers")
other
workers”)
57,310
EB-4 Special immigrants (including religious workers, employees of the U.S. government abroad, and juvenile court dependents)
9,940c
(including up to
5,000 religious
workers and up to
3,500 employees
of the U.S.
government
abroad)
14,600
EB-5 Investors/employment creation 9,940 11,930
Family-Based Immigrants
Immediate Relatives
IR-1 Spouses of U.S. citizens No annual limit 276,080
14,460 EB-5 Investors/employment creation 9,940 14,540 Family-Based Immigrants Immediate Relatives IR-1 Spouses of U.S. citizens No annual limit 343,000 IR-2 Children of U.S. citizens (includes orphans and adoptees) No annual limit 76,680 IR-3 Parents of U.S. citizens No annual limit 252,570 Family-Sponsored Preference Immigrants F-1IR-2 of the U.S. government abroad)
Children of U.S. citizens (includes orphans and adoptees) No annual limit 67,150
IR-3 Parents of U.S. citizens No annual limit 208,350
Family-Sponsored Preference Immigrants
F-1 Unmarried sons/daughters of U.S. citizens and their children
23,400 23,690
22,140 F-2F-2
Spouses, children, and unmarried sons/daughters of LPRs 114,200 116,560
114,200 87,430 F-3F-3
Married sons/daughters of U.S. citizens and their spouses and children
23,400 19,180
23,400 22,000 F-4F-4
Brothers/sisters of U.S. citizens (age 21 or older) and their spouses and children
65,000 44,820
56,620
Diversity Immigrants
Individuals from countries that send relatively few immigrants to the United States
55,000d
49,890 Refugees
55,000d 67,350
Refugees Aliens admitted to the United States as refugees based on persecution claims who have been physically present in the United States for at least one year
No annual limit 59,030
178,200 AsyleesAsylees
Aliens granted asylum based on persecution claims who have been physically present in the United States for at least one year
No annual limit 41,650 Other
IncludesNo annual limit 40,330
Other Includes parolees, children born abroad to alien residents, certain Iraqis and Afghans employed by the U.S. government, victims of crime, cancellation of removal, victims of human trafficking, and victims of crime
children born abroad to alien residents, and parolees.
Various limitse
62,820 Total 1,364,090
Various limitse 53,610
Total 1,172,910
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service 8
Source: LPR Category, Description, and Annual Numeric Limit: INA §§203(a), 203(b), and 204 (8 U.S.C. §§1153(a) 1153(b), and 1154). FY2023FY2024 Recipients: U.S. Department of Homeland Security, Yearbook of Immigration Statistics FY2023FY2024, Table 6.
a. Numbers are rounded to the nearest 10 by DHS and may not sum to total due to rounding. In general, instances in which the number of LPR recipients exceeds the statutory annual numeric limit are largely due to timing differences between when LPR status is officially granted, and when immigrants arrive in the United States and are counted by DHS as green card recipients. Such instances also result from the roll- downs of unused visa numbers from higher-priority categories. For more information, see Table 1 in CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. In FY2023, employment- based LPR recipients were substantially higher than usual, because the COVID-19 pandemic prevented sizable numbers of family-sponsored preference immigrant visas from being used in FY2022. The INA contains provisions that permit such unused immigrant visa numbers to “"fall across”" and be used for employment-based immigrants in the following fiscal year. For more information, see “"Exceptions to Numerical Limits and the Per-Country Ceiling”" in CRS Report R47164, U.S. Employment-Based Immigration Policy.
b. The INA limits EB-3 immigrant visas to 40,040 each year. Since FY2002, that ceiling has been reduced by up to 5,000 each year to accommodate adjustments made under the Nicaraguan Adjustment and Central American Relief Act (NACARA, Title II of P.L. 105-100, as amended by P.L. 105-139, Section 1(e)). For FY2023FY2024, this reduction was approximately 167.
c. The GRATEFUL Act (P.L. 118-31, §5104) provides for up to 3,500 visas to be made available in FY2024 and up to 3,000 visas in each year thereafter within the EB- within the EB- 4 category to employees of the U.S. government abroad in FY2024, and 3,000 visas for every year thereafter. The act, This provision reduces the number of diversity immigrant visas by the number of such EB-4 visas so that the total number of immigrant visas issued does not exceed current statutory limits.
d. The INA provides for 55,000 diversity immigrant visas each year. Since FY1999, that ceiling has been reduced by up to 5,000 each year to accommodate adjustments made under NACARA. For FY2023FY2024, this reduction was approximately 167.
e. For more information on these categories, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
Jill H. Wilson Analyst in Immigration Policy
Nonimmigrant and Immigrant Visa Categories: Data Brief
Congressional Research Service R45938 · VERSION 10 · UPDATED 9
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
| 1. |
The INA is Title 8 of the U.S. Code. For an overview of U.S. immigration policy, see CRS Report R45020, Primer on U.S. Immigration Policy. |
| 2. |
These categories are found in INA §101(a)(15), 8 U.S.C. §1101(a)(15). |
| 3. |
Nonimmigrants are foreign nationals lawfully admitted to the United States for a specific purpose and period of time, including tourists, diplomats, students, temporary workers, and exchange visitors, among others. For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States. |
| 4. |
LPRs are foreign nationals lawfully admitted to the United States to live permanently. For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. |