Order Code RL31381
U.S. Immigration Policy on
Temporary Admissions
Updated February 7, 2007
Ruth Ellen Wasem
Specialist in Immigration Policy
Domestic Social Policy Division
Chad C. Haddal
Analyst in Immigration Policy
Domestic Social Policy Division

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U.S. Immigration Policy on Temporary Admissions
Summary
U.S. law provides for the temporary admission of various categories of foreign
nationals, who are known as nonimmigrants. Nonimmigrants are admitted for a
designated period of time and a specific purpose. They include a wide range of
visitors, including tourists, foreign students, diplomats, and temporary workers.
There are 24 major nonimmigrant visa categories, and 72 specific types of
nonimmigrant visas issued currently. These visa categories are commonly referred
to by the letter and numeral that denotes their subsection in the Immigration and
Nationality Act (INA), e.g., B-2 tourists, E-2 treaty investors, F-1 foreign students,
H-1B temporary professional workers, J-1 cultural exchange participants, or S-4
terrorist informants.
Interest in nonimmigrant visas soared immediately following the September 11,
2001 terrorist attacks, which were conducted by foreign nationals apparently admitted
to the United States on legal visas. Since that time, policy makers have raised a
series of questions about aliens in the United States and the extent that the federal
government monitors their admission and presence in this country. Some of the
specific visa categories are the focus of legislative activity (e.g., guest workers).
The U.S. Department of State (DOS) consular officer, at the time of application
for a visa, as well as the Department of Homeland Security (DHS) immigration
inspectors, at the time of application for admission, must be satisfied that the alien
is entitled to nonimmigrant status. The burden of proof is on the applicant to
establish eligibility for nonimmigrant status and the type of nonimmigrant visa for
which the application is made. Both DOS consular officers (when the alien is
petitioning abroad) and DHS inspectors (when the alien is entering the United States)
must confirm that the alien is not ineligible for a visa under the so-called “grounds
for inadmissibility” of the INA, which include criminal, terrorist, and public health
grounds for exclusion.
Nonimmigrant visas issued abroad dipped to 5.0 million in FY2004 after
peaking at 7.6 million in FY2001. The FY2005 data inched back up to 5.4 million
nonimmigrant visas issued. Over the past 12 years, DOS has typically issued around
6 million nonimmigrant visas annually. The growth in the late 1990s has been
largely attributable to the issuances of border crossing cards to residents of Canada
and Mexico and the issuances of temporary worker visas. Combined, visitors for
tourism and business comprised the largest group of nonimmigrants in FY2005,
about 3.42 million, down from 5.7 million in FY2000. Other notable categories were
students and exchange visitors (9.4%) and temporary workers (17.9%).
The law and regulations usually set strict terms for nonimmigrant lengths of stay
in the United States, typically have foreign residency requirements, and often limit
what aliens are permitted to do in the United States (e.g., gain employment or enroll
in school), but many observers assert that the policies are not uniformly or rigorously
enforced. Achieving an optimal balance among major policy priorities, such as
ensuring national security, facilitating trade and commerce, protecting public health
and safety, and fostering international cooperation, remains a challenge.

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Contents
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Broad Categories of Nonimmigrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Diplomats and Other International Representatives . . . . . . . . . . . . . . . 2
Visitors as Business Travelers and Tourists . . . . . . . . . . . . . . . . . . . . . 3
Multinational Corporate Executives and International Investors . . . . . . 3
Temporary Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Cultural Exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Foreign Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Family-Related . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Law Enforcement-Related . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Aliens in Transit and Crew Members . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Exclusion and Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Inadmissibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Termination of Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Periods of Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Length of Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Duration of Visa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Employment Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Permission to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Labor Market Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Statistical Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Temporary Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Temporary Skilled and Professional Workers . . . . . . . . . . . . . . . . . . . 13
Guest Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Foreign Medical Graduates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Foreign Investors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Foreign Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Enforcing Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
List of Figures
Figure 1. Nonimmigrant Visas Issued by Region, FY2005 . . . . . . . . . . . . . . . . . 7
Figure 2. Nonimmigrant Visas Issued by Category, FY2005 . . . . . . . . . . . . . . . . 8
Figure 3. Nonimmigrant Admissions by Region, FY2005 . . . . . . . . . . . . . . . . . . 9
Figure 4. Nonimmigrant Admissions by Category, FY2005 . . . . . . . . . . . . . . . . 10
Figure 5. Nonimmigrant Visas Issued by Region, FY1996-FY2005 . . . . . . . . . 11
Figure 6. Nonimmigrant Admissions by Region, FY1996-FY2005 . . . . . . . . . . 12

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List of Tables
Table 1. Periods of Stay and Foreign Residency Requirements for
Nonimmigrant Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Table 2. Employment Authorization, Numerical Limits, and FY2005
Issuances for Nonimmigrant Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

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U.S. Immigration Policy on
Temporary Admissions
Overview
Introduction
U.S. law provides for the temporary admission of various categories of foreign
nationals, who are known as nonimmigrants. Nonimmigrants are admitted for a
designated period of time and a specific purpose. Nonimmigrants include a wide
range of people, such as tourists, foreign students, diplomats, temporary agricultural
workers, exchange visitors, internationally-known entertainers, foreign media
representatives, intracompany business personnel, and crew members on foreign
vessels.
Legislative activity usually focuses on specific visa categories, and legislative
revisions to temporary visa categories have usually occurred incrementally. Interest
in nonimmigrant visas as a group, however, soared immediately following the
September 11, 2001 terrorist attacks, which were conducted by foreign nationals
admitted to the United States on temporary visas. Since that time, policy makers
have raised a series of questions about aliens in the United States and the extent that
the federal government monitors their admission and presence in this country. The
Enhanced Border Security and Visa Entry Reform Act (P.L. 107-173), provisions in
the Homeland Security Act (P.L. 107-296), and the Intelligence Reform and
Terrorism Prevention Act of 2004 (P.L. 108-458) are examples of broad reforms of
immigration law to tighten procedures and oversight of aliens temporarily admitted
to the United States.
Foreign nationals may be admitted to the United States temporarily or may come
to live permanently.1 Those admitted on a permanent basis are known as immigrants
or legal permanent residents (LPRs), while those admitted on a temporary basis are
known as nonimmigrants. Aliens who are in the United States without authorization
(i.e., illegal aliens) are not discussed in this report.
U.S. immigration policy, embodied in the Immigration and Nationality Act
(INA), presumes that all aliens seeking admission to the United States are coming to
live permanently.2 As a result, nonimmigrants must demonstrate that they are
coming for a temporary period and for a specific purpose. The U.S. Department of
1 For background and analysis of visa issuance policy, see CRS Report RL31512, Visa
Issuances: Policy, Issues, and Legislation, by Ruth Ellen Wasem.
2 §214(b) of INA.

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CRS-2
State (DOS) consular officer, at the time of application for a visa, as well as the
Department of Homeland Security (DHS) immigration inspectors, at the time of
application for admission, must be satisfied that the alien is entitled to a
nonimmigrant status.3 The burden of proof is on the applicant to establish eligibility
for nonimmigrant status and the type of nonimmigrant visa for which the application
is made. The law exempts only the H-1 workers, L intracompany transfers, and V
family members from the requirement that they prove that they are not coming to live
permanently.4
This report begins with a synthesis of the nonimmigrant categories according
to the purpose of the visa. It discusses the periods of admission and length of stay
and then summarizes grounds for inadmissibility and removal as well as reasons for
termination of status. It describes the circumstances under which nonimmigrants
may work in the United States and follows with an analysis of nonimmigrant
admissions. The narrative concludes with a discussion of concern issues, followed
by two detailed tables analyzing key admissions requirements across all
nonimmigrant visa types.
Broad Categories of Nonimmigrants
There are 24 major nonimmigrant visa categories, and 72 specific types of
nonimmigrant visas issued currently.5 Most of these nonimmigrant visa categories
are defined in §101(a)(15) of INA. These visa categories are commonly referred to
by the letter and numeral that denotes their subsection in §101(a)(15), e.g., B-2
tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional
workers, J-1 cultural exchange participants, or S-4 terrorist informants. These
temporary visas may be grouped under the broad labels described below.
Diplomats and Other International Representatives. Ambassadors,
consuls, and other official representatives of foreign governments (and their
immediate family and servants) enter the United States on A visas. Official
representatives of international organizations (and their immediate family and
servants) are admitted on G visas. Those nonimmigrants entering under the auspices
of the North Atlantic Treaty Organization (NATO) have their own visa categories.
Aliens who work for foreign media use the I visa.
3 22 CFR §41.11(a).
4 §214(b) of INA. Nonimmigrant visas are commonly referred to by the letter and numeral
that denotes their subsection in §101(a)(15), hence “H-1” workers, “L” intracompany
transfers, and “V” family members.
5 Law on nonimmigrants dates back to the Immigration Act of 1819. An immigration law
enacted in 1924 defined several classes of nonimmigrant admission. The disparate series
of immigration and nationality laws were codified into INA in 1952. Major laws amending
INA are the Immigration Amendments of 1965, the Refugee Act of 1980, the Immigration
Reform and Control Act of 1986, the Immigration Act of 1990, and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996. The newest nonimmigrant visa —
known as the V visa — was folded into the District of Columbia FY2001 appropriations
conference agreement (H.R. 4942, H.Rept. 106-1005), which became P.L. 106-553.

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CRS-3
Visitors as Business Travelers and Tourists. B-1 nonimmigrants are
visitors for business and are required to be seeking admission for activities other than
purely local employment or hire. The difference between a business visitor and a
temporary worker depends also on the source of the alien’s salary. To be classified
as a visitor for business, an alien must receive his or her salary from abroad and must
not receive any remuneration from a U.S. source other than an expense allowance
and reimbursement for other expenses incidental to temporary stay.
The B-2 visa is granted for temporary visitors for “pleasure,” otherwise known
as tourists. Tourists, who are encouraged to visit as a boon to the U.S. economy,
have consistently been the largest nonimmigrant class of admission to the United
States. A B-2 nonimmigrant may not engage in any employment in the United
States.
Many visitors, however, enter the United States without nonimmigrant visas
through the Visa Waiver Program. This provision of INA allows the Attorney
General to waive the visa documentary requirements for aliens coming as visitors
from 28 countries (e.g., Australia, France, Germany, Italy, Japan, New Zealand,
Switzerland, and the United Kingdom).6
Multinational Corporate Executives and International Investors.
Intracompany transferees who are executive, managerial, and have specialized
knowledge and who are continuing employment with an international firm or
corporation are admitted on the L visas. Aliens who are treaty traders enter as E-1
while those who are treaty investors use E-2 visas.
Temporary Workers. The major nonimmigrant category for temporary
workers is the H visa. Professional specialty workers (H-1B), nurses (H-1C)
agricultural workers (H-2A) and unskilled temporary workers (H-2B) are included.7
Persons with extraordinary ability in the sciences, arts, education, business, or
athletics are admitted on O visas, while internationally recognized athletes or
members of an internationally recognized entertainment group come on P visas.
Aliens working in religious vocations enter on R visas. Temporary professional
workers from Canada and Mexico may enter according to terms set by the North
American Free Trade Agreement (NAFTA) on TN visas.
Cultural Exchange. The broadest category for cultural exchange is the J visa.
The J visa includes professors and research scholars, students, foreign medical
graduates, teachers, camp counselors and au pairs who are participating in an
approved exchange visitor program. Participants in special international cultural
exchange programs from the former Soviet Union and Eastern bloc countries enter
on Q-1 visas. Q-2 visas are for Irish young adults from the border counties who
participate in approved cultural exchange programs.
6 See CRS Report RL32221, Visa Waiver Program, by Alison Siskin.
7 See CRS Report RL30498, Immigration: Legislative Issues on Nonimmigrant Professional
Specialty (H-1B) Workers; and CRS Report RL32044, Immigration: Policy Considerations
Related to Guest Worker Programs, by Andorra Bruno.

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Foreign Students. The most common visa for foreign students is the F-1
visa. It is tailored for international students pursuing a full-time academic education.
Those students who wish to pursue a non-academic, e.g., vocational, course of study
apply for an M visa. Foreign students are just one of many types of aliens who may
enter the United States on a J-1 visa for cultural exchange.8
Family-Related. Fiances and fiancees of U.S. citizens come in on K visas.
The 106th Congress added a transitional nonimmigrant visa — the V visa — for
immediate relatives (spouse and children) of LPRs who have had petitions to also
become LPRs pending for three years.
Law Enforcement-Related. The law enforcement-related visas are among
the most recently created. The S visa is used by informants in criminal and terrorist
investigations.9 Victims of human trafficking who participate in the prosecution of
those responsible may get a T visa. Victims of other criminal activities, notably
domestic abuse, who cooperate with the prosecution are eligible for the U visa.
Aliens in Transit and Crew Members. Two miscellaneous nonimmigrant
categories are some of the earliest nonimmigrant categories enacted. The C visa is
for aliens traveling through the United States en route to another destination, and the
D visa is for alien crew members on vessels or aircraft.
Exclusion and Removal
Inadmissibility. Both DOS consular officers (when the alien is petitioning
abroad) and INS inspectors (when the alien is entering the United States) must
confirm that the alien is not ineligible for a visa under the so-called “grounds for
inadmissibility” of the INA.10 These criteria categories are:
! health-related grounds;
! criminal history;
! security and terrorist concerns;
! public charge (e.g., indigence);
! seeking to work without proper labor certification;
! illegal entrants and immigration law violations;
! lacking proper documents;
! ineligible for citizenship; and
! aliens previously removed.11
8 For further discussion and analysis, see CRS Report RL31146, Foreign Students in the
United States: Policies and Legislation, by Chad C. Haddal.
9 For more information, see CRS Report RS21043, Immigration: S Visas for Criminal and
Terrorist Informants, by Karma Ester.
10 §212(b) of INA.
11 For a fuller analysis, see CRS Report RL32480, Immigration Consequences of Criminal
Activity, by Michael John Garcia; and CRS Report RL32564, Immigration: Terrorist
Grounds for Exclusion of Aliens, by Michael John Garcia and Ruth Ellen Wasem.

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CRS-5
The law provides waiver authority of these grounds (except for most of the security
and terrorist-related grounds) for nonimmigrants on a case-by-case basis.12
Termination of Status. Consistent with the grounds of inadmissibility, the
legal status of a nonimmigrant in the United States may be terminated based upon the
nonimmigrant’s behavior in the United States. Specifically, the regulations list
national security, public safety and diplomatic reasons for termination. If a
nonimmigrant who is not authorized to work does so, that employment constitutes
a failure to maintain a lawful status. A crime of violence that has a sentence of more
than one year also terminates nonimmigrant status.13
Periods of Admission
Length of Stay. Congress has enacted amendments and the executive branch
has promulgated regulations governing areas such as the length and extensions of
stay. For example, A-1 ambassadors are allowed to remain in the United States for
the duration of their service, F-1 students to complete their studies, R-1 religious
workers for up to three years, and D crew members for 29 days. Many categories of
nonimmigrants are required to have a residence in their home country that they intend
to return to as a stipulation of obtaining the visa. The law actually requires J-1
cultural exchange visa holders to go home for two years prior to returning to the
United States (with some exceptions).
On April 12, 2002, the former INS proposed regulations on the length of stay
for aliens on visitor visas (B-2) aimed at curbing abuses in that nonimmigrant visa
category, such as working, enrolling in school, or overstaying. The rule would have
eliminated the minimum six-month admission period and would have replaced it
with “a period of time that is fair and reasonable for the completion of the purpose
of the visit.” The burden would have been on the alien to explain to the immigration
inspector the nature and purpose of visit so the inspector can determine an
appropriate time limit. In those cases where the inspector could not have determined
the time needed to complete the visit, the visitors would have been limited to 30-day
periods.14 Ultimately the Administration announced that it was not promulgating this
regulation.
DHS recently announced plans to revise the regulations to expand the time
restriction on BCCs used by Mexicans to enter the United States for temporary visits.
This decision reportedly was coordinated between U.S. Secretary for Homeland
Security Tom Ridge and Mexican Secretary of Government Santiago Creel.
According to the DHS press release, the forthcoming rule would extend the time limit
for BCC visitors from 72 hours to a period of 30 days. Laser visaholders planning
12 §212(d)(3) and (4) of INA.
13 §214.1 of 8 CFR.
14 Federal Register, vol. 67, no. 71, Apr. 12, 2002, pp. 18065-18069.

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to stay in the United States for more than 30 days are expected to be included in US-
VISIT.15
Duration of Visa. Separate from the length of stay authorized for the various
nonimmigrant visas is the validity period of the visa issued by DOS consular officers.
These time periods are negotiated country-by-country and category-by-category,
generally reflecting reciprocal relationships for U.S. travelers to these countries. For
example, a B-1 and B-2 visitor visa from Germany is valid for 10 years while B-1
and B-2 visas from Indonesia are valid for five years. The D crew member visa is
valid for five years for Egyptians, but only one year for Hungarians.
Employment Authorization
Permission to Work. With the obvious exception of the nonimmigrants who
are temporary workers or the executives of multinational corporations, most
nonimmigrants are not allowed to work in the United States. Exceptions to this
policy are noted in Table 2, which follows at the end of this report. As stated above,
working without authorization is a major violation of law and results in loss of
nonimmigrant status.
Labor Market Tests. The H-2 visas require that employers conduct an
affirmative search for available U.S. workers and that DOL determine that admitting
alien workers will not adversely affect the wages and working conditions of similarly
employed U.S. workers. Under this process — known as labor certification —
employers must apply to the U.S. Department of Labor for certification that
unemployed domestic workers are not available and that there will not be an adverse
effect from the alien workers’ entry.
The labor market test required for H-1 workers, known as labor attestation, is
less stringent than labor certification. Any employer wishing to bring in an H-1B
nonimmigrant must attest in an application to the DOL that the employer will pay the
nonimmigrant the greater of the actual compensation paid other employees in the
same job or the prevailing compensation for that occupation; the employer will
provide working conditions for the nonimmigrant that do not cause the working
conditions of the other employees to be adversely affected; and, there is no strike or
lockout. Employers recruiting the H-1C nurses must attest that their employment
will not adversely affect the wages and working conditions of similarly employed
registered nurses; the H-1C nurses will be paid the wage rate paid by the facility to
similarly employed U.S. registered nurses; the facility is taking significant steps to
recruit and retain sufficient U.S. registered nurses; and the facility is abiding by
specified anti-strike and layoff protections.
15 U.S. Department of Homeland Security, Office of the Press Secretary, DHS Announces
E x p a n d e d B o r d e r C o n t r o l P l a n s , A u g. 1 0 , 2 0 0 4 ; a va i l abl e a t
[http://www.dhs.gov/dhspublic/display?content=3930].

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Statistical Trends
When analyzing the issuances of nonimmigrant visas issued by DOS and the
admissions data issued by DHS, many of the same distributions that were present in
recent years once again appeared.16 As Figure 1 shows, there was a larger percentage
of visas being distributed to Asia than to any other region, accounting for 38.3% of
the roughly 5.4 million nonimmigrant visas the DOS issued in FY2005. North
American nonimmigrants (which included nationals of countries in Central America)
accounted for the next largest group of visa issuances at 24.9%, or approximately
1.34 million individuals. Europe and South America accounted for the third and
fourth largest groups with 17.5% and 14.2% of the nonimmigrant visa issuances,
respectively. Africa tallied 4.3% of the visas, while visa issuances for Oceania, The
United Nations (UN) and individuals with no nationality combined for less than 1%
of the total visa issuances in FY2005.
Figure 1. Nonimmigrant Visas Issued by Region, FY2005

Oceania
North America
0.9%
24.9%
South America
14.2%
Europe
17.5%
Africa
4.3%
Asia
38.3%
Source: CRS presentation of DOS Bureau of Consular Affairs data.
Further breaking down the visa issuance data for FY2005, Figure 2
demonstrates that 63.3 % of the visas issued for entry into the United States was by
individuals entering on visitor visas. Consequently, the volume of visitors visa was
at a rate 3.5 times higher than the next largest category. The subsequent two largest
categories of issuances in FY2005 were for employee visas, which accounted for
17.9% of visas issued, and students, which represented 9.4% of issuances. In
16 Additional analysis of DHS data is provided in U.S Department of Homeland Security,
Office of Immigration Statistics, Temporary Admissions of Nonimmigrants to the United
States: 2005, July 2006.

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CRS-8
absolute terms, employees and students accounted for approximately 967,000 and
507,000 visas, respectively, out of a total of approximately 5.4 million in FY2005.
Additionally, the visas issued for crew members and others in transit accounted for
5.5% of the visa issuances for FY2005. The remaining visas issued constituted 4%
of the total.
Figure 2. Nonimmigrant Visas Issued by Category, FY2005

Other
Crew & Transit
4.0%

Temporary Workers
5.5%
17.9%
Students & Exchange
9.4%
Visitors
63.3%
Source: CRS presentation of DOS Bureau of Consular Affairs data.
An alternative method of measuring temporary migrations to the United
States is with the nonimmigrant admissions data collected by DHS. These data come
with two important caveats. First, the admissions are of individuals required to fill
out I-94 forms for entry into the United States, thus constituting a total of
approximately 32 million admissions. Mexican nationals with Border Crossing
Cards and Canadian nationals traveling for business or tourist purposes are not
counted in these admission totals. These two groups accounted for the vast majority
of admissions to the United States, with approximately 143 million admissions.17
Thus, the total number of admissions to the United States in FY2005 was
approximately 175 million. Second, these data are tallies of admissions and not of
individuals. Since many individuals depart and re-enter the United States during the
same year, individuals may have multiple admissions in the DHS admissions data.
The admissions data illustrated a different distributional pattern than the visa
issuance data. Figure 3 shows the plurality of foreign nationals admitted into the
United States in FY2005 were nationals of a European state, which represented
37.1% of admissions. The second largest category of admitted individuals were
17 U.S. Department of Homeland Security, Office of Immigration Statistics, Temporary
Admissions of Nonimmigrants to the United States: 2005, July 2006, pp. 1-2.

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CRS-9
foreign nationals from other North American countries with 26.5% of the admissions
total. Foreign nationals from Asian countries, which constituted the largest visa
issuance category, were the third largest regional admission group and account for
23.7% of admissions into the United States. These Asian admissions constituted
7.58 million entries into the United States, while by comparison the European entries
accounted for 11.88 million admissions. The fact that 24 of the 27 countries
participating in the Visa Waiver Program were European,18 in conjunction with the
majority of all admissions being visitors, a plurality of European admissions was to
be expected. South American entries accounted for 6.9% of FY2005 entries, or
approximately 2.2 million persons, while the remaining categories of nationals from
African and Oceanic regions (and individuals of “unknown” classification)
constituted 1.87 million persons with 5.8% of the admissions total.
Figure 3. Nonimmigrant Admissions by Region, FY2005

Unknown
Africa
South America
1.9%
1.0%
6.9%
Oceania
2.9%
Asia
23.7%
North America
26.5%
Europe
37.1%
Source: CRS presentation of DHS Office of Immigration Statistics data.
Figure 4 below shows that for FY2005, 89.1% of the foreign nationals
admitted into the United States were classified into the visitor categories of visas
(including the “Visa Waiver Program” and “other business and travel”). This figure
depicts roughly 32 million persons admitted at various ports of entry. The only other
category of admissions which constituted more than 4% of the admissions total were
those of temporary workers, which when combined accounted for 4.9% of
18 The exceptions being Singapore, Japan, and Brunei.

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CRS-10
admissions, or approximately 1.57 million temporary worker admissions. Students
and exchange admissions was the third largest category with 1.04 million arrivals,
and accounted for 3.3% of the total. The remaining categories of nonimmigrant
admissions all constituted less than 3 percent of admissions individually, but when
combined represented 2.7% of foreign nationals admitted. Thus, foreign nationals
categorized into any remaining categories (including unknown category) accounted
for 2.2 million admissions into the United States.
Figure 4. Nonimmigrant Admissions by Category, FY2005

Students & Exchange Temporary Workers Diplomats &
3.3%
4.9%
Representatives
0.9%
All Other Classes
1.4%
Other Business & Travel
38.1%
Unknown
0.4%
Visa Waiver
51.0%
Source: CRS presentation of DHS Office of Immigration Statistics data.
When analyzing the longitudinal data for both the admissions and the visa
issuances, certain patterns became apparent in the data. In terms of the visa issuances
as depicted in Figure 5 below, the number of visas issued by the DOS was lower
than it was in the mid-1990s. However, this trend was reversed with the terrorist
attacks of September 11, 2001, as security concerns resulted in more stringent criteria
for visa issuances and a greater burden of qualification placed upon the
nonimmigrant visa applicant. Consequently, the visa issuances declined from their
FY2001 peak of approximately 7.6 million visas to theFY2005 level of 5.4 million
visas issued.
The decline in these levels was largely due to the reduction of North
American visas issued, which experienced its levels in FY2005 being reduced to half
of its levels in FY2001. The growth in the late 1990s has been largely attributable
to the issuances of border crossing cards (laser visas) to residents of Mexico and the
issuances of temporary worker visas. Visa issuance levels for other regions remained
approximately the same as they were in FY2001. The only other notable changes in
the longitudinal data for the given time span were a slight decrease in visas for
European nationals, a slight increase in visas for Asian nationals, and a decrease in
the visas granted to nationals from countries in the Oceanic region.

---

CRS-11
Figure 5. Nonimmigrant Visas Issued by Region, FY1996-FY2005
Visas Issued
8,000,000
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
0
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
Year
Europe
Asia
North America
South America
Oceania
Africa
No Nationality
Source: CRS presentation of DOS Bureau of Consular Affairs data.
The data for Figure 6, which depicts the nonimmigrant admissions into the
United States between FY1996-FY2005, offered a different picture of the temporary
visitors to the United States. Unlike the data for Figure 5, the admissions data
provided two periods of upward movement that increased the number of admissions
of nonimmigrants by approximately 29% over the course of a decade. In FY1996 the
number of nonimmigrants admitted at United States Ports of Entry was just under 25
million, but by FY2005 this number had increased to 32 million admissions. The
most significant sources of the trend were increasing numbers of nonimmigrants from
the European and North American region. Whereas other regions witnessed lesser
increases in their admission levels, the European-based admissions increased from
9.39 million in FY1996 to 11.88 million in FY2005, an increase of 2.49 million
nonimmigrants. Furthermore, the North American-based nonimmigration admissions
increased from a level of 3.56 million in FY1996 to 8.47 million in FY2005. This
change constituted an increase of 4.91 million in annual admissions or an a
percentage increase of 237.9% over the course of the decade.
Although this increase was partly attributable to the new rule structure under
the North American Free Trade Agreement (NAFTA), it is worth noting that the
more significant upward trends in North American-based admissions occurred in
FY1998, several years after NAFTA’s implementation.19 Finally, in contrast to the
visa issuances for North American-based nonimmigrants from Figure 5, the
admission levels of nationals from North American countries was largely unchanged
following the September 11 attacks, as Figure 6 shows. This finding not only
contrasted the visa issuances, but the admissions levels of nationals based out of
19 CRS Report RL32982, Immigration Issues in Trade Agreements, by Ruth Ellen Wasem.

---

CRS-12
other regions. Every other region experienced some reduction of admissions of their
nationals in FY2002, but recovered to near FY2001 levels in FY2005.
Figure 6. Nonimmigrant Admissions by Region, FY1996-FY2005
Admissions
35,000,000
30,000,000
25,000,000
20,000,000
15,000,000
10,000,000
5,000,000
0
1996
1998
1999
2000
2001
2002
2003
2004
2005
Year
Europe
Asia
North America
South America
Oceania
Africa
Unknown
Source: CRS presentation of DHS Office of Immigration Statistics data.
Note: DHS did not publish nonimmigrant data for FY1997.
Current Issues
Achieving an optimal balance among major policy priorities, such as ensuring
national security, facilitating trade and commerce, protecting public health and safety,
and fostering international cooperation, remains a challenge. Efforts to establish a
comprehensive automated system that tracks the arrival and departure of
nonimmigrants (US-VISIT) is well underway but remains incomplete.20
Requirements for individuals entering into the United States (including U.S. citizens
and visitors from Canada and other Western Hemisphere countries) to bear passports
or other documents sufficient to denote citizenship and identity are now going into
effect. All the while, legislative revisions to specific temporary visa categories
continue to arise incrementally.
This section of the report highlights several of the specific temporary visa
concerns that are of legislative interest to Congress: temporary workers, foreign
medical graduates, foreign investors, and foreign students.
20 CRS Report RL32234, U.S. Visitor and Immigrant Status Indicator Technology
(US-VISIT) Program, by Lisa M. Seghetti and Stephen R. Viña.

---

CRS-13
Temporary Workers
Temporary Skilled and Professional Workers.21 Many business
people have expressed concern that a scarcity of labor in certain sectors may curtail
the pace of economic growth. A leading legislative response to skills mismatches and
labor shortages has been to increase the supply of temporary foreign workers.
Proponents of raising the H-1B levels assert that H-1B workers are essential if the
United States is to remain globally competitive. Some proponents argue that
employers should be free to hire the best people for the jobs, maintaining that market
forces should regulate H-1B visas, not an arbitrary ceiling.
Those opposing any further increases or easing of admissions requirements
assert that there is no compelling evidence of a labor shortage in these professional
areas that cannot be met by newly graduating students and retraining the existing U.S.
work force. They argue further that the education of U.S. students and training of
U.S. workers should be prioritized instead of fostering a reliance on foreign workers.
Guest Workers.22 There is ongoing pressure to increase unskilled
temporary foreign workers, commonly referred to as guest workers. The admission
of H-2B visas are numerically limited, and the ceiling has been exceeded the past few
years as more sectors of the economy vie for the visas. The current discussion of
guest worker programs takes place against a backdrop of historically high levels of
unauthorized migration to the United States. Supporters of a large-scale temporary
worker program argue that such a program would help reduce unauthorized
immigration by providing a legal alternative for prospective foreign workers.
Critics reject this reasoning and instead maintain that a new guest worker
program would likely exacerbate the problem of illegal migration. Some allege that
employers prefer guest workers because they are less demanding in terms of wages
and working conditions, and that expanding guest worker visas would have a
deleterious effect on U.S. workers.
Foreign Medical Graduates23
The J cultural exchange visa has become a gateway for foreign medical
graduates (FMGs) to gain admission to the United States as nonimmigrants for the
purpose of graduate medical education and training. As exchange visitors, FMGs can
remain in the United States on a J visa until the completion of their training, typically
for a maximum of seven years. After that time, they are required to return home for
21 CRS Report RL30498, Immigration: Legislative Issues on Nonimmigrant Professional
Specialty (H-1B) Workers, by Ruth Ellen Wasem.
22 CRS Report RL32044, Immigration: Policy Considerations Related to Guest Worker
Programs, by Andorra Bruno.
23 CRS Report RL31460, Immigration: Foreign Physicians and the J-1 Visa Waiver
Program, by Karma Ester, and CRS Report RS22584, Foreign Medical Graduates: A Brief
Overview of the J-1 Visa Waiver Program, by Karma Ester.

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CRS-14
at least two years before they can apply to change to another nonimmigrant status or
LPR status.
The authority to issue a waiver of the foreign residence requirement to a FMG
based on the request of a state public health department currently applies to J-visa
holders through June 1, 2008. More specifically, these J-visa holders do not have to
leave the United States at the conclusion of their residencies if they agree to practice
medicine for three years in an area designated by the Secretary of Health and Human
Services as having a shortage of health care professionals.
The original intent underlying the foreign residency requirement for FMG is
to encourage American-trained foreign doctors to return home to improve health
conditions and advance the medical profession in their native countries. Some now
argue that the J-1 visa waiver for FMGs should be made permanent or extended for
a number of years to allow an evaluation of the use of foreign physicians to meet
healthcare shortages and their impact on American physicians.
Foreign Investors24
There are currently two categories of nonimmigrant investor visas: E-1 for
treaty traders; and the E-2 for treaty investors. According to DHS statistics, there
were 192,843 investor visa arrivals in the United States in FY2005.
The investor visas offered by the United States operate on the principal that
foreign direct investment into the United States should spur economic growth in the
United States. According to the classical theory, if these investments are properly
targeted towards the U.S. labor force’s skill sets, it should reduce the migration
pressures on U.S. workers. To attract such investors, research indicates that
temporary migrants are motivated most significantly by employment and wage
prospects, while permanent migrants are motivated by professional and social
mobility. Theoretically, it is unclear to what extent potential migration provides
additional incentive for investment activity. Investors from developed countries may
sometimes lack incentive to settle in the United States since they can achieve foreign
direct investment (FDI) and similar standards of living from their home country.
However, in cases where foreign investors have been attracted, the economic benefits
have been positive and significant.
Foreign Students25
In the wake of post-September 11 security reforms, the security concerns over
foreign student visas are being weighed against competitiveness concerns. Potential
foreign students, as well as all aliens, must satisfy Department of State (DOS)
consular officers abroad and immigration inspectors upon entry to the United States
that they are not ineligible for visas under the so-called “grounds for inadmissibility”
24 CRS Report RL33844, Foreign Investor Visas: Policies and Issues, by Chad C. Haddal.
25 CRS Report RL31146, Foreign Students in the United States: Policies and Legislation,
by Chad C. Haddal.

---

CRS-15
of the Immigration and Nationality Act, which include security and terrorist concerns.
The consular officers who process visa applicants are required to check the
consolidated Terrorist Screening Database (TSDB) before issuing any visa. In part
because of these security measures, student visa debates have expanded to include
both security and market-based discussions.
Higher education institutions in the United States are concerned over their
ability to attract the numbers and quality of foreign students, and whether the post-
September 11 security measures impede the entry of potential students into the U.S.
education system. The fields of science, technology, engineering and mathematics
(STEM) increasingly rely on foreign students, and these fields hold a top priority
with most research institutions. Furthermore, the U.S. economy has a high demand
for the skill-sets produced in these fields of study, and the STEM students often
provide a major link between the academic community and the labor market.
Consequently, many groups in higher education and the private sector are seeking to
expand pathways for foreign students to emigrate.
Enforcing Current Law
Currently the law and regulations usually set strict terms for nonimmigrant
lengths of stay in the United States, typically have foreign residency requirements,
and often limit what the aliens are permitted to do in the United States (e.g., gain
employment or enroll in school). Many observers, however, assert that these
policies are not uniformly or rigorously enforced. Some maintain that further
legislation is not necessary if the laws currently in place are enforced.
The two tables that follow, among other things, illustrate the complexity and
diversity of policy on temporary admissions, and the challenge for policy makers who
may seek to revise it. Table 1 indicates whether the INA or regulations set any limits
or requirements on how long nonimmigrants may stay in the United States and
whether they must maintain a residence in their home country for each of the 72 visa
classifications. Table 2 details whether there are any labor market tests or any limits
on the numbers of aliens who can enter the United States according to each of the 72
visa classifications. Table 2 also presents DOS data on the number of nonimmigrant
visas issued in FY2000. When a cell in the table is blank, it means the law and
regulations are silent on the subject.

---

CRS-16
Table 1. Periods of Stay and Foreign Residency Requirements for Nonimmigrant Visas
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
A-1
Ambassador, public minister, career diplomat, consul, and immediate family
Duration of assignment
A-2
Other foreign government official or employee, and immediate family
Duration of assignment
A-3
Attendant, servant or personal employee of A-1/A-2, and immediate family
Up to three years
Up to two years intervals
B-1
Visitor for business
Up to one year
Up to six months
Yes
B-2
Visitor for pleasure
Six months to one year
Up to six months
Yes
B-1/B-2
Business and pleasure
Six months to one year
Up to six months
Yes
BCC
Border Crossing Cards
72 hours [unless coupled
Yes
with B-1 or B-2] proposed
extension to 30 days
C-1
Alien in transit
Up to 29 days
C-1/D
Transit/crew member
Up to 29 days
C-2
Person in transit to United Nations Headquarters
Up to 29 days
C-3
Foreign government official, immediate family, attendant, servant, or personal
Up to 29 days
employee in transit
D
Crew member
Up to 29 days
E-1
Treaty trader, spouse and child, and employee
Up to two years
Up to two years
E-2
Treaty investor, spouse and child, and employee
Same as E-1
Same as E-1
F-1
Foreign student (academic or language training program)
Period of study (one year
Yes
secondary students)

---

CRS-17
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
F-2
Spouse or child of F-1
Same as F-1
G-1
Principal resident representative of recognized foreign member government to
Duration of assignment
international organization, staff, and immediate family
G-2
Other representative of recognized foreign member government to international
Duration of assignment
organization, staff, and immediate family
G-3
Representative of non-recognized or nonmember foreign member government to
Duration of assignment
international organization, staff, and immediate family
G-4
International organization officer or employee, and immediate family
Duration of assignment
G-5
Attendant, servant or personal employee of G-1 through G-4, and immediate family
Up to two years
Up to two-year intervals
H-1A
Temporary worker — nurse (statutory authority expired)
Up to three years
Up to two-year intervals;
up to five years max
H-1B
Temporary worker — professional specialty occupation
Up to three years
Up to three-year intervals;
up to six years max
H-1C
Temporary worker — nurse (new category)
Three years
H-2A
Temporary worker — agricultural workers
Up to one year
Up to one year;
Yes
three years total
H-2B
Temporary worker — non-agricultural workers
Up to one year
Up to one year;
Yes
three years total
H-3
Temporary worker — trainee
Up to two years
H-4
Spouse or child of H-1A/B/C, H-2A/B, or H-3
Same as Principal
I
Representative of foreign information media, spouse and child
Duration of employment
J-1
Cultural exchange visitor
Period of program
Yes

---

CRS-18
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
J-2
Spouse or child of J-1
Same as J-1
Yes
J-3
Au Pair
14 months
Yes
K-1
Fiancé(e) of U.S. citizen
Valid for 4 month; must
marry within 90 days to
adjust status
K-2
Child of K-1
Same as K-1
K-3
Spouse of U.S. citizen awaiting LPR visa
K-4
Child of K-3
L-1
Intracompany transferee (Executive, managerial, and specialized knowledge
Up to three years
up to two-year extension:
personnel continuing employment with international firm or corporation)
five years max; executives
seven years
L-2
Spouse or child of L-1
Same as L-1
M-1
Vocational student
Duration of study
Yes
M-2
Spouse or child of M-1
Same as M-1
Yes
NATO-1
Principal permanent representative of member nations to NATO, high ranking NATO
Tour of duty
officials, and immediate family members
NATO-2
Other representatives of member states to NATO (including any of its subsidiary
Tour of duty
bodies), and immediate family members; dependents of member of a force entering in
accordance with provisions of NATO agreements; members of such force if issued
visas
NATO-3
Official clerical staff accompanying a representative of a member state to NATO, and
Tour of duty
immediate family
NATO-4
Officials of NATO (other than those classifiable as NATO-1), and immediate family
Tour of duty

---

CRS-19
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
NATO-5
Experts, other than NATO-4 officials, employed in missions on behalf of NATO, and
Tour of duty
their dependents
NATO-6
Civilian employees of a force entering in accordance with the provisions of NATO
Tour of duty
agreements or attached to NATO headquarters, and immediate family
NATO-7
Attendants, servants, or personal employees of NATO-1 through NATO-6, and
Up to three years
Two-year intervals
immediate family
N-8
Parent of certain special immigrants (pertaining to international organizations)
Up to three years
Up to three-year intervals
until child becomes an
adult
N-9
Child of N-8 or of certain special immigrants (pertaining to international
Up to three years
Up to three-year intervals
organizations)
until child becomes an
adult
O-1
Person with extraordinary ability in the sciences, arts, education, business or athletics
Up to three years
Up to one year
O-2
Person accompanying and assisting in the artistic or athletic performance by O-1
Up to three years
Up to one year
Yes
O-3
Spouse or child of O-1 or O-2
Same as O-1 or O-2
Up to one year
P-1
Internationally recognized athlete or member of an internationally recognized
Up to five years individual
Yes
entertainment group and essential support
artist; up to one year group
or team
P-2
Artist or entertainer in a reciprocal exchange program and essential supports
Up to one year
One-year increments
Yes
P-3
Artist or entertainer in a culturally unique program and essential support
Up to one year
One-year increments
Yes
P-4
Spouse or child of P-1, P-2 or P-3
Same as P-1, P-2 or P-3
One year increments
Yes
Q-1
International cultural exchange program participant
Duration of program; up to
15 months

---

CRS-20
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
Q-2
Irish Peace Process Program participant
Duration of program; up to
three years
Q-3
Spouse or child of Q-2
R-1
Religious worker
up to three years
up to two-year intervals;
up to five years max
R-2
Spouse or child of R-1
same as R-1
same a R-1
S-5
Criminal informant
up to three years
S-6
Terrorist informant
up to three years
S-7
Spouse or child of S-5 and S-6
same as S-5 and S-6
T-1
Victim of human trafficking
If T-1 cooperates and is needed in prosecution of traffickers, may lead to
adjustment to legal permanent residence
T-2
Immediate family of T-1
TN
NAFTA professional
one year
one year
TD
Spouse or child of TN
one year
one year
U-1
Victim or informant of criminal activity
May lead to adjustment to legal permanent residence if specified
conditions are met.
U-2
Spouse or child of U-1
V-1
Spouse of Legal Permanent Resident (LPR) who has petition pending for three years
Transitional nonimmigrant visa that leads to adjustment to legal
or longer
permanent residence status when visa become available
V-2
Child of LPR who has petition pending for three years or longer
V-3
Child of V-1 or V-2
Source: §101(a)(15), §212, and §214 of the Immigration and Nationality Act and §214 of 8 CFR.
Note: When a cell in the table is blank, it means the law and regulations are silent on the subject.

---

CRS-21
Table 2. Employment Authorization, Numerical Limits, and FY2005 Issuances for Nonimmigrant Visas
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
A-1
Ambassador, public minister, career diplomat, consul, and immediate family
Within scope of
9,944
official duties
A-2
Other foreign government official or employee, and immediate family
Within scope of
83,051
official duties
A-3
Attendant, servant or personal employee of A-1/A-2, and immediate family
Within scope of
1,227
official duties
B-1
Visitor for business
52,649
B-2
Visitor for pleasure
No
245,816
B-1/B-2
Business and pleasure
2,709,468
BCC
Border Crossing Cards
732,566
C-1
Alien in transit
65,272
C-1/D
Transit/crew member
229,115
C-2
Person in transit to United Nations Headquarters
44
C-3
Foreign government official, immediate family, attendant, servant, or personal
10,537
employee in transit
D
Crew member of vessel or aircraft
Only as employee of
19,988
carrier

---

CRS-22
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
E-1
Treaty trader, spouse and child, and employee
Within the scope of
8,867
treaty conditions
E-2
Treaty investor, spouse and child, and employee
Within the scope of
28,290
treaty conditions
E-3
Australian specialty occupation professional
Within the scope of
10,500
4
treaty conditions
E-3D
Spouse or child of Australian specialty occupation professional
3
F-1
Foreign student (academic or language training program)
Off campus work is
237,890
restricted, with limited
exceptions
F-2
Spouse or child of F-1
18,016
F-3
Border commuter academic or language student
No
42
G-1
Principal resident representative of recognized foreign member government to
Within scope of
4,995
international organization, staff, and immediate family
official duties
G-2
Other representative of recognized foreign member government to international
Within scope of
13,703
organization, and immediate family
official duties
G-3
Representative of nonrecognized or nonmember foreign government to international
Within scope of
309
organization, and immediate family
official duties
G-4
International organization officer or employee, and immediate family
Within scope of
20,930
official duties

---

CRS-23
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
G-5
Attendant, servant, or personal employee of G-1 through G-4, and immediate family
Within scope of
998
official duties
H-1A
Temporary worker — nurse (statutory authority expired)
Yes
Yes
-
H-1B
Temporary worker — professional speciality occupation
Yes
Yes
65,000
124,100
(with certain
exceptions)
H-1B-1
Free trade agreement professional
No
1,400 for Chile;
274
5,400 for
Singapore
H-1C
Temporary worker — nurse
Yes
Yes
500
63
H-2A
Temporary worker — agricultural worker
Yes
Yes
31,892
H-2B
Temporary worker — non- agricultural worker
Yes
Yes
66,000
87,492
H-2R
Returning H2B worker
1,643
H-3
Temporary worker — trainee
Yes, as part of the
Some restrictions
1,763
training program
on special
education
exchange
programs
H-4
Spouse or child of H-1A/B/C, H-2A/B, or H-3
No
70,266
I
Representative of foreign information media, spouse and child
Only as employee of
16,975
foreign media

---

CRS-24
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
J-1
Cultural exchange visitor
Yes, if program has
275,161
work component
J-2
Spouse or child of J-1
Only as approved by
28,661
DHS
J-3
Au Pair
NA
K-1
Fiancé(e) of U.S. citizen
33,910
K-2
Child of K-1
5,308
K-3
Spouse of U.S. citizen awaiting LPR visa
11,312
K-4
Child of K-3
3,438
L-1
Intracompany transferee (executive, managerial, and specialized knowledge personnel
Yes
65,458
continuing employment with international firm or corporation)
L-2
Spouse or child of L-1
No
57,523
M-1
Vocational student
Only practical training
5,822
related to degree
M-2
Spouse of child of M-1
No
153
NATO-1
Principal permanent representative of member nations to NATO, high ranking NATO
Within scope of
28
officials, and immediate family
official duties

---

CRS-25
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
NATO-2
Other representatives of member states to NATO (including any of its subsidiary
Within scope of
5,893
bodies), and immediate family; dependents of member of a force entering in accordance
official duties
with provisions of NATO agreements; members of such force if issued visas
NATO-3
Official clerical staff accompanying a representative of member state to NATO, and
Within scope of
1
immediate family
official duties
NATO-4
Officials of NATO (other than those classifiable as NATO-1), and immediate family
Within scope of
353
official duties
NATO-5
Experts, other than NATO-4 officials, employed in missions on behalf of NATO, and
Within scope of
69
their dependents
official duties
NATO-6
Civilian employee of a force entering in accordance with the provisions of NATO
Within scope of
201
agreements or attached to NATO headquarters, and their immediate family
official duties
NATO-7
Attendants, servants, or personal employees of NATO-1 through NATO-6, and
Within scope of
5
immediate family
official duties
N-8
Parent of certain special immigrants (pertaining to international organizations)
Yes
10
N-9
Child of N-8 or of certain special immigrants (pertaining to international organizations)
Yes
4
O-1
Person with extraordinary ability in the sciences, arts, education, business, or athletics
Yes
6,712
O-2
Person accompanying and assisting in the artistic or athletic performance by O-1
Yes
3,387
O-3
Spouse or child of O-1 or O-2
Only as approved by
1,861
DHS

---

CRS-26
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
P-1
Internationally recognized athlete or member of an internationally recognized
Yes
23,907
entertainment group and essential support
P-2
Artist or entertainer in a reciprocal exchange program and essential support
Yes
125
P-3
Artist or entertainer in a culturally unique program and essential support
Yes
9,611
P-4
Spouse or child of P-1, P-2, or P-3
Only as approved by
1,022
DHS
Q-1
International cultural exchange program participant
Yes, with employer
1,972
approved by program
Q-2
Irish Peace Process Program participant
Yes, with employer
6
approved by program
Q-3
Spouse or child of Q-2
No
0
R-1
Religious worker
Yes
8,538
R-2
Spouse or child of R-1
No
3,267
S-5
Criminal informant
Yes
200
NA
S-6
Terrorist informant
Yes
50
NA
S-7
Spouse or child of S-5 or S-6
NA
T-1
Victim of human trafficking
Yes
5,000
NA
T-2
Immediate family of T-1
Yes
NA

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CRS-27
Labor
Employment
Annual
FY2005
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
TN
NAFTA professional
Yes
1,902
TD
Spouse or child of TN
1,941
U-1
Victim or informant of criminal activity
Yes
10,000
NA
U-2
Spouse or child of U-1
Yes
NA
V-1
Spouse of Legal Permanent Resident (LPR) who has petition pending for three years or
Yes
911
longer
V-2
Child of LPR who has petition pending for three years or longer
Yes, assuming they
951
meet age requirements
V-3
Child of V-1 or V-2
Yes, assuming they
1,165
meet age requirements
Source: §101(a)(15), §212, and §214 of the Immigration and Nationality Act and §214 of 8 CFR.
Note: When a cell in the table is blank, it means the law and regulations are silent on the subject.

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