Order Code RL31381
U.S. Immigration Policy on
Temporary Admissions
Updated January 31, 2008
Chad C. Haddal
Analyst in Immigration Policy
Domestic Social Policy Division
Ruth Ellen Wasem
Specialist 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. These visa categories are commonly referred to by the
letter and numeral that denotes their subsection in the Immigration and Nationality
Act (INA); for example, 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 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. In FY2006, 5.8 million nonimmigrant visas were
issued. Over the past 12 years, DOS has typically issued around 6 million
nonimmigrant visas annually. The growth in visa issuance in the late 1990s has been
largely attributable to the issuances of border crossing cards to residents of Mexico
and the issuances of temporary worker visas. Combined, visitors for tourism and
business comprised the largest group of nonimmigrants in FY2006, with about 4.1
million, down from 5.7 million in FY2000. Other notable categories were students
and exchange visitors (11.0%) and temporary workers (10.8%).
The law and regulations set 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Employment Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Permission to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Labor Market Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Statistical Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Nonimmigrants by Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Temporary Visas Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Temporary Admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Temporary Visitors by Category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Temporary Admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Temporary Visas Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Temporary Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Temporary Skilled and Professional Workers . . . . . . . . . . . . . . . . . . . 19
Guest Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Foreign Medical Graduates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Foreign Investors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Foreign Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Enforcing Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
List of Figures
Figure 1. Nonimmigrant Visas Issued by Region, FY2006 . . . . . . . . . . . . . . . . . 7
Figure 2. Nonimmigrant Visas Issued by Region, FY1997-FY2006 . . . . . . . . . . 8
Figure 3. Nonimmigrant Admissions by Region, FY2006 . . . . . . . . . . . . . . . . . 10
Figure 4. Nonimmigrant Admissions by Region, FY1998-FY2006 . . . . . . . . . . 11

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Figure 5. Nonimmigrant Admissions by Category, FY2006 . . . . . . . . . . . . . . . . 13
Figure 6. Admissions of Nonimmigrants Other Than Visitors,
FY1998-FY2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Figure 7. Admissions of Nonimmigrant Visitors, FY1998-FY2006 . . . . . . . . . . 15
Figure 8. Nonimmigrant Visas Issued by Category, FY2006 . . . . . . . . . . . . . . . 16
Figure 9. Visas Issued to Nonimmigrants Other Than Visitors,
FY2002-FY2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Figure 10. Visas Issued to Nonimmigrant Visitors, FY2002-FY2006 . . . . . . . . 18
List of Tables
Table 1. Periods of Stay and Foreign Residency Requirements for
Nonimmigrant Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Table 2. Employment Authorization, Numerical Limits, and FY2006 Issuances
for Nonimmigrant Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

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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 provisions in 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.1
Foreign nationals may be admitted to the United States temporarily or may come
to live permanently.2 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
1 For a full discussion of current legislative activity, see CRS Report RL34204, Immigration
Legislation and Issues in the 110th Congress, coordinated by Andorra Bruno, hereafter cited
as Immigration Legislation and Issues in the 110th Congress.
2 For background and analysis of visa issuance policy, see CRS Report RL31512, Visa
Issuances: Policy, Issues, and Legislation, by Ruth Ellen Wasem.

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CRS-2
live permanently.3 As a result, nonimmigrants must demonstrate that they are
coming for a temporary period and for a specific purpose. 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 a
nonimmigrant status.4 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.5
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 report concludes with a discussion of 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.6 Most of these nonimmigrant visa categories
are defined in §101(a)(15) of INA. 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
3 §214(b) of INA.
4 22 CFR §41.11(a).
5 §214(b) of INA. Nonimmigrant visas are commonly referred to by the letter and numeral
that denotes their subsection in §101(a)(15). Hence, the principal visa holder for vocational
student category as provided for in §101(a)(15)(M)(i) would be known as an “M-1,” while
a spouse or dependent of the principal as provided for under §101(a)(15)(ii) would be
known as an “M-2,” etc.
6 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 the INA in 1952. Major laws
amending the 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 family-related
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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of the North Atlantic Treaty Organization (NATO) have their own visa categories.
Aliens who work for foreign media use the I visa.
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 also depends 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 the 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).7
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.8
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.9
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.
7 See CRS Report RL32221, Visa Waiver Program, by Alison Siskin, hereafter cited as Visa
Waiver Program.
8 See CRS Report RL33844, Foreign Investor Visas: Policies and Issues, by Chad C.
Haddal, and CRS Report RL32030, Immigration Policy for Intracompany Transfers (L
Visa): Issues and Legislation, by Ruth Ellen Wasem.
9 See CRS Report RL30498, Immigration: Legislative Issues on Nonimmigrant Professional
Specialty (H-1B) Workers, hereafter cited as 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,
hereafter cited as Immigration: Policy Considerations Related to Guest Worker Programs.

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CRS-4
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.
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.10
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.11 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 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.12 These criteria categories are:
! health-related grounds;
! criminal history;
! security and terrorist concerns;
! public charge (e.g., indigence);
10 For further discussion and analysis, see CRS Report RL31146, Foreign Students in the
United States: Policies and Legislation, by Chad C. Haddal, hereafter cited as Foreign
Students in the United States: Policies and Legislation.
11 For more information, see CRS Report RS21043, Immigration: S Visas for Criminal and
Terrorist Informants, by Karma Ester.
12 §212(b) of INA.

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CRS-5
! seeking to work without proper labor certification;
! illegal entrants and immigration law violations;
! lacking proper documents;
! ineligible for citizenship; and
! aliens previously removed.13
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.14
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.15
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).
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
13 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.
14 §212(d)(3) and (4) of INA.
15 §214.1 of 8 CFR.

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CRS-6
policy are noted in Table 2, which follows at the end of this report. As stated above,
working without authorization is a 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 the U.S. Department of Labor
(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 DOL 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 to 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 H-1C nurses must attest that their employment will
not adversely affect the wages and working conditions of similarly employed
registered nurses; 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.16
Statistical Trends
In the United States, data are collected on visa issuance and alien admission,
both of which have strengths and shortcomings. While the number of visas issued
shows the potential number of foreign nationals who may seek admission to the
United States, alien admissions depict the actual number of foreign nationals who
were permitted entry into the United States. The admissions data, however, simply
enumerate port of entry inspections, thus counting frequent travelers multiple times.
The lack of an exit registration system in the United States makes an actual count of
out-migration impossible.17 Thus, the level of net migration of nonimmigrants (or
the exact number of nonimmigrants in the United States at a given time) is unknown.
The subsequent sections presents both admissions and issuance data for analysis of
nonimmigrants by geographic region and by category.
16 For a more complete analysis, see CRS Report RL33977, Immigration of Foreign
Workers: Labor Market Tests and Protections, by Ruth Ellen Wasem.
17 The law actually requires that all aliens be recorded into the entry-exit system, but the
current system — US-VISIT — records only entry into the United States. For background
on US-VISIT and the provisions requiring exit data, see CRS Report RL32234, U.S. Visitor
and Immigrant Status Indicator Technology Program (US-VISIT), by Lisa M. Seghetti and
Stephen Viña, hereafter cited as U.S. Visitor and Immigrant Status Indicator Technology
Program (US-VISIT).

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Nonimmigrants by Region
Temporary Visas Issued. As Figure 1 shows, there was a larger percentage
of visas issued to foreign nationals from Asia than to any other region, accounting for
38.5% of the roughly 5.8 million nonimmigrant visas the DOS issued in FY2006.
North American nonimmigrants (which included nationals of countries in Central
America and the Caribbean) accounted for the next largest group of visa issuances
at 23.1%, or approximately 1.34 million individuals. Europe and South America
accounted for the third and fourth largest groups with 18.4% and 14.9% of the
nonimmigrant visa issuances, respectively. Africa tallied 4.4% of the visas, while
visa issuances for Oceania accounted for 0.8% of the total visa issuances in FY2006.
Figure 1. Nonimmigrant Visas Issued by Region, FY2006

Africa
South America
4.4%
14.9%
Oceania
0.8%
Asia
38.5%
North America
23.1%
Europe
18.4%
Source: CRS presentation of DOS Bureau of Consular Affairs data.
Note: N=5,836,718.
When analyzing the longitudinal data for visa issuances as depicted in Figure
2 below, the number of visas issued by DOS in FY2006 was similar to the issuance
level of the mid-1990s. However, the issuance level is 24.7% lower than the highest
levels of the past decade. Visa issuances have declined from their FY2001 peak of
7.6 million visas to the FY2006 level of 5.8 million visas issued. Many attribute this
decline to more stringent criteria for visa issuances and a greater burden of
qualification placed upon the nonimmigrant visa applicant that have resulted from
security concerns after the terrorist attacks of September 11, 2001.

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Figure 2. Nonimmigrant Visas Issued by Region, FY1997-FY2006
Millions
8
7
6
5
sued
s 4
s I
isa
V 3
2
1
0
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
Year
Asia
North America
Europe
South America
Africa
Oceania
Source: CRS presentation of DOS Bureau of Consular Affairs data.
Notes: In FY1997, there were 46,377 visas issued to individuals with no nationality. In FY2006,
there were 2,534 visas issued to this same category of applicants. The number of visas issued to
individuals with no nationality decreased steadily over the course of the past decade.
The decline in these levels was largely due to the reduction of North American
visas issued, as its levels in FY2006 constitute half of its levels in FY2001. The
growth in the late 1990s has been largely attributable to two time-limited policies
— the upgrade from border crossing cards to laser visas for residents of Mexico18
and the increased ceiling on temporary foreign worker visas.19 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.
Temporary Admissions. The alternative method of measuring temporary
migrations to the United States is with the nonimmigrant admissions data, and it
comes with two important caveats. First, nonimmigrants are required to fill out I-94
18 Section 104 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
added to the definition of “border crossing identification card” a requirement that the
regulations pertaining to the BCC include a requirement for the BCC to contain a
machine-readable biometric identifier.
19 Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B)
Workers; and Immigration: Policy Considerations Related to Guest Worker Programs.

---

CRS-9
forms20 for entry into the United States, and these I-94 entries constitute a total of
approximately 33.7 million admissions in FY2006. Mexican nationals with Border
Crossing Cards and Canadian nationals traveling for business or tourist purposes are
not counted in these admission totals. These two latter groups accounted for the vast
majority of admissions to the United States in FY2006, with approximately 141.0
million admissions.21 Thus, the total number of admissions to the United States in
FY2006 was approximately 174.7 million. Second, as previously mentioned, 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.
20 A Form I-94 is an Arrival-Departure Record issued by CBP at a port of entry that shows
the date you arrived in the United States and the “Admitted Until” date, the date when your
authorized period of stay expires.
21 U.S. Department of Homeland Security, Office of Immigration Statistics, Temporary
Admissions of Nonimmigrants to the United States: 2006, July 2007, pp. 1-2.

---

CRS-10
Figure 3. Nonimmigrant Admissions by Region, FY2006

Unknown
Africa
South America
0.4%
1.2%
7.2%
Oceania
3.1%
Asia
24.8%
North America
25.2%
Europe
38.1%
Source: CRS presentation of DHS Office of Immigration Statistics data.
Note: N=33,667,328.
Figure 3 shows the plurality of foreign nationals admitted into the United States
in FY2006 were nationals of European states, which represented 38.1% of
admissions. The second largest category of admitted individuals were foreign
nationals from North American countries, with 25.2% of the admissions total.
Foreign nationals from Asian countries, which constituted the largest visa issuance
category, were the third-largest regional admission group and accounted for 24.8%
of admissions into the United States — a discrepancy most likely attributable to the
higher number of visa waiver countries in Europe. These Asian admissions
constituted 8.3 million entries into the United States, while by comparison the
European entries accounted for 12.8 million admissions. The fact that 24 of the 27
countries participating in the Visa Waiver Program were European,22 in conjunction
with the majority of all admissions being visitors, a plurality of European admissions
was to be expected. South American entries accounted for 7.2% of FY2006 entries,
or approximately 2.4 million persons, while the remaining categories of nationals
from African and Oceanic regions (and individuals of “unknown” classification)
constituted 1.6 million persons with 4.7% of the admissions total.
22 The exceptions being Singapore, Japan, and Brunei.

---

CRS-11
Figure 4. Nonimmigrant Admissions by Region, FY1998-FY2006
40Millions
35
30
25
20
missions
d
A 15
10
5
0
1998
1999
2000
2001
2002
2003
2004
2005
2006
Year
Europe
Asia
North America
South America
Oceania
Africa
Unknown
Source: CRS presentation of DHS Office of Immigration Statistics data.
Figure 4 depicts the nonimmigrant admissions into the United States between
FY1998-FY2006. The admissions data provided two periods of upward movement
that increased the number of admissions of nonimmigrants by approximately 11.6%
over the course of eight years. In FY1998, the number of nonimmigrants admitted
at a U.S. port of entry was approximately 30.2 million, but by FY2005 this number
had increased to 33.7 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 North American-based increased from 5.5 million in FY1998 to 8.5 million in
FY2006, an increase of 3.4 million nonimmigrants.23 Furthermore, the European-
based admissions nonimmigrant admissions increased from a level of 12.1 million
in FY1998 to 12.8 million in FY2006. This change constituted an increase of
roughly 750,000 annual admissions or a percentage increase of 6.2% over the course
of the past eight years.
23 Although this increase in North American-based nonimmigrant admissions 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 the late 1990s, several years after NAFTA’s implementation.
For more information, see CRS Report RL32982, Immigration Issues in Trade Agreements,
by Ruth Ellen Wasem.

---

CRS-12
Finally, the admission levels of nationals from North American countries was
largely unchanged following the September 11 attacks, as Figure 4 shows. This
finding not only contrasted the visa issuances in Figure 2, but the admissions levels
of nationals based out of other regions. Every other region experienced some
reduction of admissions of their nationals in FY2002, but recovered to near FY2001
levels in FY2006.
Temporary Visitors by Category
Temporary Admissions. An alternative way of analyzing nonimmigrant
data is to group nonimmigrants by visa category. Figure 5 below shows that for
FY2006, 88.9% 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 33.7 million persons
admitted at various ports of entry in FY2006. The only other category of admissions
which constituted more than 5% of the admissions total were those of temporary
workers, which when combined accounted for 5.1% of admissions, or approximately
1.7 million temporary worker admissions. Students and exchange admissions was
the third largest category with 1.2 million arrivals, and accounted for 3.5% of the
total. The remaining categories of nonimmigrant admissions cumulatively
represented 2.3% of foreign nationals admitted. Thus, foreign nationals categorized
into any remaining categories (including unknown category) accounted for roughly
750,000 admissions into the United States.

---

CRS-13
Figure 5. Nonimmigrant Admissions by Category, FY2006

Temporary Workers Diplomats &
Students &
5.1%
Representatives
Exchange
0.9%
3.5%
Other Business &
Travel
All Other Classes
41.4%
1.4%
Unknown
0.3%
Visa Waiver
47.5%
Source: CRS presentation of DHS Office of Immigration Statistics data.
Note: N=33,667,328.
The data on temporary visitors are the dominant category in both the admissions
and issuance data. Thus, to more effectively analyze trends over time, the temporary
visitors category is analyzed separately from other categories. As Figure 6 below
illustrates, the largest absolute growth of nonimmigrants other than visitors has come
in the category of temporary workers. In FY2006, temporary workers accounted for
1,709,953 admissions into the United States (excluding admissions on laser visas),
which constitutes a 69.2% increase over FY1998. Notably, admissions of foreign
students in FY2006 recovered to FY2001 levels, and the growth rate for FY2005-
FY2006 paralleled the trend for FY1998-FY2001. The number of admissions for
students, exchange visitors, and their families in FY2006 was 1,168,020. The other
notable development since FY2001 has been the recent decline of admissions
classified as unknown or that qualify for admission through the LIFE Act visa
categories.24 After peaking in FY2003 with 109,089 admissions, LIFE Act
admissions have declined to 76,726 admissions in FY2006, a drop of 29.7%.
Moreover, admissions classified as unknown dropped from a 10-year high of 137,585
in FY2005 to 110,829 in FY2006, a decline of 19.5%. However, this level is still
more than five times higher that the 10-year low from FY1999 of 20,273.
24 The Legal Immigration Family Equity (LIFE) Act of 2000 (Title XI of P.L. 106-553)
provides for the K and V nonimmigrant visa categories. These categories are set aside for
fiancees (K-1) and children of fiancees (K-2) of U.S. citizens, spouses (K-3) and children
of spouses (K-4) of U.S. citizens with visas pending, and spouses(V-1), children(V-2), and
dependents (V-3) of legal permanent residents with visas pending.

---

CRS-14
Figure 6. Admissions of Nonimmigrants Other Than Visitors,
FY1998-FY2006
Millions
4.0
3.5
3.0
2.5
s
n
o
2.0
issi
m
d
A 1.5
1.0
0.5
0.0
1998
1999
2000
2001
2002
2003
2004
2005
2006
Year
Students & Exchange
Temporary Workers
LIFE Act
Transit Aliens
Unknown
Diplomats & Representatives
Source: CRS presentation of DHS Office of Immigration Statistics data.
Note: Laser visas are not included in the data depicted.
Analysis of admissions data for nonimmigrant temporary visitors in Figure 7
reveals that a large majority of such nonimmigrants are admitted for tourism (or
“pleasure”) purposes. In FY2006, of the roughly 29.9 million nonimmigrant
temporary visitors, 83.2%, or nearly 24.9 million, constituted tourists. Within this
group, 12.9 million came on regular visa waiver travel, 700,000 came on Guam visa
waivers, and 11.3 million were admitted on B-2 visas. Although the overall
proportion of tourists to business travelers has seen little change since FY1998, there
has been a small shift within the tourist category. Whereas 40.4% of FY1998 tourist
admissions were on B-2 visas, the corresponding measure for FY2006 was 45.3%.
As for temporary visitors for business, this group accounted for 5.0 million
admissions in FY2006, or roughly 16.8% of the nonimmigrant temporary visitors.
Among the temporary business visitors in FY2006, almost 2.7 million entered on B-1
visas, roughly 2.4 million were admitted on general visa waivers, and 2,226 business
visa waivers from Guam. Since FY1998, temporary business admissions have grown
by 14.2%.

---

CRS-15
Figure 7. Admissions of Nonimmigrant Visitors, FY1998-FY2006
Millions
35
30
25
20
ons
ssi
mi
d 15
A
10
5
0
1998
1999
2002
2003
2004
2005
2006
Year
B-1 Business Visas
Visa Waiver Business
B-2 Pleasure Visas
Visa Waiver Pleasure
Source: CRS presentation of DHS Office of Immigration Statistics data.
Note: Category data for nonimmigrant visitors was not available for FY2000-FY2001.
Temporary Visas Issued. Breaking down the visa issuance data for
FY2006, Figure 8 demonstrates that 69.8 % of the visas issued for entry into the
United States was to individuals entering on visitor visas. Consequently, the volume
of visitors visa was at a rate 6.4 times higher than the next largest category. The
subsequent two largest categories of issuances in FY2006 were for student and
exchange visitor visas, which accounted for 11.0% of visas issued, and temporary
workers, which represented 10.8% of issuances. Additionally, the visas issued for
crew members and others in transit accounted for 5.2% of the visa issuances for
FY2006. The remaining visas issued constituted 3.2% of the total.

---

CRS-16
Figure 8. Nonimmigrant Visas Issued by Category,
FY2006

Crew & Transit
All Other Classes
5.2%
0.8%
Diplomats &
Representatives
2.4%
Temporary Workers
10.8%
Students &
Exchange
11.0%
Visitors
69.8%
Source: CRS presentation of DOS Bureau of Consular Affairs data.
Note: N=5,836,718.
The graphical depiction of visas issued to nonimmigrants other than temporary
visitors provided in Figure 9, below, shows the large representation of students and
exchange visitors, as well as temporary workers, within issuance categories. Each
of these issuance categories has grown between FY2002 and FY2006, with the
student category increasing by 17.3% and the temporary worker category increasing
by 21.7%.25 The FY2006 level of the former category was 642,097, while the level
of the latter category was 628,390. An additional category that experienced a growth
in issuance during FY2002-FY2006 was that of crew and transit personnel, which
increased by 32.9% during that time period and had an FY2006 level of 302,641
visas issued. Yet, the FY2006 level is 9.9% lower than the five-year peak of 336,005
visas issued in FY2004. The category of Diplomats and representatives saw an
issuance increase of 12.2% between FY2002 and FY2006, although the FY2006 level
of 137,786 is 2.8% lower than the FY2005 level of 141,707. The remaining category
of other classes witnessed a steady decline in its issuance during the five-year period,
with a decline of 48.6% from the FY2002 level of 96,460 to the FY2006 level of
49,589. Cumulatively, all the categories of visas other than temporary visitors
accounted for 30.2% of the visas issued in FY2006.
25 Foreign Students in the United States: Policies and Legislation; Immigration:
Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers; and
Immigration: Policy Considerations Related to Guest Worker Programs.

---

CRS-17
Figure 9. Visas Issued to Nonimmigrants Other Than Visitors,
FY2002-FY2006
Millions
2.0
1.8
1.6
1.4
1.2
d
e
ssu
I 1.0
s
a
is
V 0.8
0.6
0.4
0.2
0.0
2002
2003
2004
2005
2006
Year
Students & Exchange
Temporary Workers
Diplomats & Representatives
Crew & Transit
Al Other Classes
Source: CRS presentation of DOS Bureau of Consular Affairs data.
Note: In FY1997, there were 46,377 visas issued to individuals with no nationality. In FY2006, there
were 2,534 visas issued to this same category of applicants. The number of visas issued to individuals
with no nationality decreased steadily over the course of the past decade.
Finally, as depicted in Figure 10, below, the visas issued to nonimmigrant
visitors constitute a large majority of visas issued, cumulatively accounting for 69.8%
of the total FY2006 visa issuances. Although visa issuances to temporary visitors
have grown every year since FY2003, they have not reached the level of their five-
year peak in FY2002. Yet, from FY2003 to FY2006, the visa issuance to this
category increased by 20.7% to roughly 4.1 million. The issuance of combination B-
1/B-2 and Border Crossing Cards (BBCs) dropped markedly over the five-year
period, down by 52.8% from FY2002 when the demand for laser visa BCCs peaked.
During the same time period, the issuance of B-1/B-2 visas for business and pleasure
increased by 20.8% to the FY2006 level of 3,053,656. This subcategory of the visitor
visa category represented 74.9% of all FY2006 visas issued to nonimmigrant visitors.
By contrast, the smallest visitor issuance category of B-1 business visitor visas
represented only a fraction of this proportion, with an issuance level of 56,432 in
FY2006 — a level that saw relatively little change during the given time period. And
while the FY2006 visa issuance level of 305,645 for B-2 tourist visas was 5.4 times
higher than it business counterpart, the B-1 and B-2 combined accounted for 8.9%
of the visitor issuance total. Like its B-1 counterpart, the B-2 visa issuance
experienced little relatively change in this time period compared with the other
subcategories.

---

CRS-18
Figure 10. Visas Issued to Nonimmigrant Visitors, FY2002-FY2006
Millions
4.5
4.0
3.5
3.0
ed
u 2.5
s
s
s I 2.0
isa
V
1.5
1.0
0.5
0.0
2002
2003
2004
2005
2006
Year
B-1
B-2
B-1/B-2/BCC
B-1/B-2
Source: CRS presentation of DOS Bureau of Consular Affairs data.
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.26
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.27
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.
26 U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program.
27 Immigration Legislation and Issues in the 110th Congress.

---

CRS-19
Temporary Workers
Temporary Skilled and Professional Workers.28 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.29 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 Graduates30
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
at least two years before they can apply to change to another nonimmigrant status or
LPR status.
28 Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers.
29 Immigration: Policy Considerations Related to Guest Worker Programs.
30 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.

---

CRS-20
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 Investors31
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
215,025 E-1 and E-2 nonimmigrant visa arrivals in the United States in FY2006.32
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.33 It is unclear from a theoretical standpoint, however, 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.34
31 CRS Report RL33844, Foreign Investor Visas: Policies and Issues, by Chad C. Haddal.
32 U.S. Department of Homeland Security, Office of Immigration Statistics, 2006 Yearbook
of Immigration Statistics.
33 Theodora Xenogiani, “Migration Policy and Its Interactions with Aid, Trade and Foreign
Direct Investment Policies: A Background Paper,” OECD Development Centre, Working
Paper No. 249, June, 2006, p. 31-33.
34 Based on CRS discussions with Morrie Berez, Chief Adjudications Officer, USCIS
Investor and Regional Center Program, November 20, 2006.

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CRS-21
Foreign Students35
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”
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
The law and regulations set 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 FY2006. When a cell in the table is blank, it means the law and
regulations are silent on the subject.
35 Foreign Students in the United States: Policies and Legislation.

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CRS-22
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)

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CRS-23
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

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CRS-24
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
M-3
Border commuter vocational or nonacademic student
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

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CRS-25
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
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
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

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CRS-26
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
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
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
T-3
Child of T-1
T-4
Parent of T-1
T-5
Unmarried sibling under 18 years of age on date T-1 applied
TN
NAFTA professional
one year
one year
TD
Spouse or child of TN
one year
one year

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CRS-27
Foreign
Visa
Class Description
Period of Stay
Renewal Option
Residence
Required
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.

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CRS-28
Table 2. Employment Authorization, Numerical Limits, and FY2006 Issuances for Nonimmigrant Visas
Labor
Employment
Annual
FY2006
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
A-1
Ambassador, public minister, career diplomat, consul, and immediate family
Within scope of
10,159
official duties
A-2
Other foreign government official or employee, and immediate family
Within scope of
81,144
official duties
A-3
Attendant, servant or personal employee of A-1/A-2, and immediate family
Within scope of
1,017
official duties
B-1
Visitor for business
56,432
B-2
Visitor for pleasure
No
305,645
B-1/B-2
Business and pleasure
3,053,656
BCC
Border Crossing Cards
660,482
C-1
Alien in transit
54,994
C-1/D
Transit/crew member
214,942
C-2
Person in transit to United Nations Headquarters
21
C-3
Foreign government official, immediate family, attendant, servant, or personal
12,198
employee in transit
D
Crew member of vessel or aircraft
Only as employee of
20,486
carrier

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CRS-29
Labor
Employment
Annual
FY2006
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
E-1
Treaty trader, spouse and child, and employee
Within the scope of
8,015
treaty conditions
E-2
Treaty investor, spouse and child, and employee
Within the scope of
29,453
treaty conditions
E-3
Australian specialty occupation professional
Within the scope of
10,500
1,918
treaty conditions
E-3D
Spouse or child of Australian specialty occupation professional
1,053
F-1
Foreign student (academic or language training program)
Off campus work is
273,870
restricted, with limited
exceptions
F-2
Spouse or child of F-1
20,748
F-3
Border commuter academic or language student
No
19
G-1
Principal resident representative of recognized foreign member government to
Within scope of
4,894
international organization, staff, and immediate family
official duties
G-2
Other representative of recognized foreign member government to international
Within scope of
11,946
organization, and immediate family
official duties
G-3
Representative of nonrecognized or nonmember foreign government to international
Within scope of
284
organization, and immediate family
official duties
G-4
International organization officer or employee, and immediate family
Within scope of
20,887
official duties

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CRS-30
Labor
Employment
Annual
FY2006
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
940
official duties
H-1A
Temporary worker — nurse (statutory authority expired)
Yes
Yes
-
H-1B
Temporary worker — professional speciality occupation
Yes
Yes
65,000
135,421
(with certain
exceptions)
H-1B-1
Free trade agreement professional
No
1,400 for Chile;
440
5,400 for
Singapore
H-1C
Temporary worker — nurse
Yes
Yes
500
8
H-2A
Temporary worker — agricultural worker
Yes
Yes
37,149
H-2B
Temporary worker — non- agricultural worker
Yes
Yes
66,000 (returning
71,687
workers had been
excepted)
H-2R
Returning H2B worker
50,854
H-3
Temporary worker — trainee
Yes, as part of the
Some restrictions
2,369
training program
on special
education
exchange
programs
H-4
Spouse or child of H-1A/B/C, H-2A/B, or H-3
No
74,326

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CRS-31
Labor
Employment
Annual
FY2006
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
I
Representative of foreign information media, spouse and child
Only as employee of
15,514
foreign media
J-1
Cultural exchange visitor
Yes, if program has
309,951
work component
J-2
Spouse or child of J-1
Only as approved by
30,104
DHS
J-3
Au Pair
NA
K-1
Fiancé(e) of U.S. citizen
30,575
K-2
Child of K-1
5,013
K-3
Spouse of U.S. citizen awaiting LPR visa
10,341
K-4
Child of K-3
2,935
L-1
Intracompany transferee (executive, managerial, and specialized knowledge personnel
Yes
72,613
continuing employment with international firm or corporation)
L-2
Spouse or child of L-1
No
61,984
M-1
Vocational student
Only practical training
7,227
related to degree
M-2
Spouse of child of M-1
No
178
M-3
Border commuter vocational or nonacademic student
Only practical training
0
related to degree

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CRS-32
Labor
Employment
Annual
FY2006
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
NATO-1
Principal permanent representative of member nations to NATO, high ranking NATO
Within scope of
5
officials, and immediate family
official duties
NATO-2
Other representatives of member states to NATO (including any of its subsidiary
Within scope of
5,911
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
0
immediate family
official duties
NATO-4
Officials of NATO (other than those classifiable as NATO-1), and immediate family
Within scope of
333
official duties
NATO-5
Experts, other than NATO-4 officials, employed in missions on behalf of NATO, and
Within scope of
88
their dependents
official duties
NATO-6
Civilian employee of a force entering in accordance with the provisions of NATO
Within scope of
176
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
2
immediate family
official duties
N-8
Parent of certain special immigrants (pertaining to international organizations)
Yes
11
N-9
Child of N-8 or of certain special immigrants (pertaining to international organizations)
Yes
0
O-1
Person with extraordinary ability in the sciences, arts, education, business, or athletics
Yes
6,961
O-2
Person accompanying and assisting in the artistic or athletic performance by O-1
Yes
3,726

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CRS-33
Labor
Employment
Annual
FY2006
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
O-3
Spouse or child of O-1 or O-2
Only as approved by
1,912
DHS
P-1
Internationally recognized athlete or member of an internationally recognized
Yes
22,698
entertainment group and essential support
P-2
Artist or entertainer in a reciprocal exchange program and essential support
Yes
91
P-3
Artist or entertainer in a culturally unique program and essential support
Yes
9,949
P-4
Spouse or child of P-1, P-2, or P-3
Only as approved by
1,007
DHS
Q-1
International cultural exchange program participant
Yes, with employer
1,541
approved by program
Q-2
Irish Peace Process Program participant
Yes, with employer
80
approved by program
Q-3
Spouse or child of Q-2
No
3
R-1
Religious worker
Yes
8,716
R-2
Spouse or child of R-1
No
3,234
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

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CRS-34
Labor
Employment
Annual
FY2006
Visa
Class Description
Market
Authorization
Numerical Limit
Issuances
Test
T-2
Spouse of T-1
Yes
11
T-3
Child of T-1
43
T-4
Parent of T-1
5
T-5
Unmarried sibling under 18 years of age on date T-1 applied
1
TN
NAFTA professional
Yes
2,779
TD
Spouse or child of TN
2,972
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
163
longer
V-2
Child of LPR who has petition pending for three years or longer
Yes, assuming they
127
meet age requirements
V-3
Child of V-1 or V-2
Yes, assuming they
281
meet age requirements
Grand Total
5,836,718
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.

---