Nonimmigrant and Immigrant Visa Categories: Data Brief

Nonimmigrant and Immigrant Visa Categories: Data Brief

Nonimmigrant and Immigrant Visa Categories: Data Brief

Updated October 15, 2024

Congressional Research Service

https://crsreports.congress.gov

R45938

Nonimmigrant and Immigrant Visa Categories: Data Brief

Contents

Introduction ..................................................................................................................................... 1

Tables

Table 1. Nonimmigrant Visas, FY2023 ........................................................................................... 2 Table 2. LPR Categories, FY2023 ................................................................................................... 7

Contacts

Author Information .......................................................................................................................... 8

Nonimmigrant and Immigrant Visa Categories: Data Brief

Congressional Research Service 1

Introduction

Congress has an interest in the visa categories by which foreign nationals may enter or be present in the United States and how they are being used. U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA), which was first codified in 1952 and has been amended significantly several times since.¹ The United States has long distinguished temporary immigration from permanent immigration. Temporary immigration occurs through the admission of visitors for specific purposes and limited periods of time, and encompasses two dozen nonimmigrant categories (which are commonly referred to by the letter and numeral that denote their subparagraph in the INA).² Permanent immigration occurs through family- and employer- sponsored immigrant categories, the diversity immigrant visa lottery, refugee and asylee admissions, and other pathways.

This brief report provides the following information:

• a list of nonimmigrant (i.e., temporary)³ visa categories and lawful permanent resident (LPR)⁴ categories;

• a description of each category;

• the allowed duration of stay in the United States for each nonimmigrant visa category;

• the annual numeric limit (or cap), if applicable, for each nonimmigrant and LPR category; and

• the number of visas issued in FY2023 under each nonimmigrant category or the number of individuals obtaining LPR status in FY2023 under each immigrant category.

This information is provided in two tables: Table 1 contains information for nonimmigrant visa categories, and Table 2 contains information for LPR categories.

1 The INA is Title 8 of the U.S. Code. For an overview of U.S. immigration policy, see CRS Report R45020, Primer on U.S. Immigration Policy.

2 These categories are found in INA §101(a)(15), 8 U.S.C. §1101(a)(15).

3 Nonimmigrants are foreign nationals lawfully admitted to the United States for a specific purpose and period of time, including tourists, diplomats, students, temporary workers, and exchange visitors, among others. For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.

4 LPRs are foreign nationals lawfully admitted to the United States to live permanently. For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.

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Table 1. Nonimmigrant Visas, FY2023

Visa

Category Description

Initial Duration

of Staya

Annual Numeric

Limit

FY2023

Visa

Issuances

A-1 Ambassador, public minister, career diplomat, or consul, and immediate family

Duration of assignment

None 9,448

A-2 Other foreign government official or employee, and immediate family

Duration of assignment

None 98,550

A-3 Attendant, servant, or personal employee of A-1/A-2, and immediate family

Up to three years None 680

B-1 Visitor for business only Six months to one year

None 29,286

B-2 Visitor for pleasure only Six months to one year

None 8,085

B-1/B-2 Visitor for business and pleasure Six months to one year

None 5,902,426

B-1/B-2/ BCC

Border crossing cards for Mexicans Up to 30 days (or longer if coupled with B-1 or B-2)

None 1,776,152

B-1/B-2/ BCV

Mexican Lincoln Border Crossing Visa

Up to 30 days (or longer if coupled with B-1 or B-2)

None 44,878

C-1 Person in transit Up to 29 days None 15,420

C-1/D Combination transit/crew member Up to 29 days None 353,164

C-2 Person in transit to United Nations Headquarters

Up to 29 days None 239

C-3 Foreign government official and immediate family, attendant, servant, or personal employee in transit

Up to 29 days None 4,044

CW-1 Commonwealth of the Northern Mariana Islands (CNMI) transitional worker

Up to one year For FY2023: 11,000 1,845

CW-2 Spouse or child of CW-1 Up to one year None 464

D Crew member Up to 29 days None 10,038

E-1 Treaty trader, spouse or child, or employee

Up to two years None 5,806

E-2 Treaty investor, spouse or child, or employee

Up to two years None 54,812

E-2C CNMI treaty investor, spouse, or child

Up to two years None 42

E-3 Australian specialty occupation professional

Up to two years 10,500 4,434

E-3D Spouse or child of E-3 Up to two years None 3,759

E-3R Returning E-3 Up to two years None 2,410

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Visa

Category Description

Initial Duration

of Staya

Annual Numeric

Limit

FY2023

Visa

Issuances

F-1 Foreign student (academic or language training program)

Duration of study (limited to 12 months for secondary school students)

None 445,418

F-2 Spouse or child of F-1 Duration of study None 26,844

G-1 Principal resident representative of recognized foreign member government to international organization, staff, and immediate family

Duration of assignment

None 4,935

G-2 Other representative of recognized foreign member government to international organization, staff, and immediate family

Duration of assignment

None 16,657

G-3 Representative of nonrecognized or nonmember foreign government to international organization, staff, and immediate family

Duration of assignment

None 375

G-4 International organization officer or employee, and immediate family

Duration of assignment

None 25,809

G-5 Attendant, servant, or personal employee of G-1 through G-4, and immediate family

Up to three years None 200

H-1B Temporary worker—professional specialty occupation

Specialty occupation: up to three years; Department of Defense (DOD) research & development: up to five years

Specialty occupation or fashion model: 65,000, plus 20,000 for those with U.S. advanced degrees; renewals and certain research/education employers are not counted against cap; DOD research & development: 100 at any time

265,777

H-1 B-1 Free trade agreement professional from Chile or Singapore

Up to one year 1,400 for Chile; 5,400 for Singapore

Chile: 2,095

Singapore:

944

H-2A Temporary worker—agricultural workers

Up to one year None 310,676

H-2Bb Temporary worker—nonagricultural workers

Up to one year (up to three years in certain cases)

66,000 131,704

H-3 Temporary worker—trainee Alien trainee: up to two years Special education exchange visitor program: up to 18 months

Alien trainee: none Special education exchange visitor program: 50

882

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Visa

Category Description

Initial Duration

of Staya

Annual Numeric

Limit

FY2023

Visa

Issuances

H-4 Spouse or child of H-1B, H-1B-1, H- 2A, H-2B, or H-3

Same as H-1, H-2, or H-3 spouse/parent

None 186,748

I Representative of foreign information media, spouse or child

Duration of employment

None 10,796

J-1 Cultural exchange visitor Duration of program None 316,693

J-2 Spouse or child of J-1 Duration of program None 32,028

K-1 Fiancé(e) of U.S. citizen Valid for four months; must marry within 90 days of entry to adjust to LPR status

None 19,825

K-2 Child of K-1 Same as parent None 3,178

K-3 Spouse of U.S. citizen awaiting lawful permanent resident visa

Up to two years None 6

K-4 Child of K-3 Up to two years or until 21st birthday

None 0

L-1 Intracompany transferee (executive, managerial, and specialized personnel continuing employment with international firm or corporation)

Up to three years; up to one year when beneficiary is coming to open or be employed in a new office

None 76,671

L-2 Spouse or child of L-1 Same as spouse/parent None 83,277

M-1 Vocational student Duration of study None 6,052

M-2 Spouse or child of M-1 Same as spouse/parent None 195

NATO-1 Principal permanent representative of member nations to North Atlantic Treaty Organization (NATO), high ranking NATO officials, and immediate family members

Tour of duty None 5

NATO-2 Other representatives of member states to NATO (including any of its subsidiary bodies) and immediate family members; dependents of member of a force entering in accordance with provisions of NATO agreements, members of such force

Tour of duty None 7,058

NATO-3 Official clerical staff accompanying a representative of a member state to NATO, and immediate family

Tour of duty None 0

NATO-4 Officials of NATO (other than those classifiable as NATO-1), and immediate family

Tour of duty None 208

NATO-5 Experts employed in missions on behalf of NATO (other than NATO-4 officials), and their dependents

Tour of duty None 80

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Visa

Category Description

Initial Duration

of Staya

Annual Numeric

Limit

FY2023

Visa

Issuances

NATO-6 Civilian employees of a force entering in accordance with the provisions of NATO agreements or attached to NATO headquarters, and their dependents

Tour of duty None 856

NATO-7 Attendant, servant, or personal employee of NATO-1 through NATO-6, and immediate family

Up to three years None 0

N-8 Parent of certain special immigrants (pertaining to international organizations)

Up to three years, as long as special immigrant remains a child

None 7

N-9 Child of N-8 or of certain special immigrants (pertaining to international organizations)

Up to three years, or until no longer a child, whichever is shorter

None 1

O-1 Person with extraordinary ability in the sciences, arts, education, business, or athletics

Up to three years None 18,994

O-2 Person accompanying and assisting in the artistic or athletic performance by O-1

Up to three years None 13,335

O-3 Spouse or child of O-1 or O-2 Up to three years None 6,453

P-1 Internationally recognized athlete or member of an internationally recognized entertainment group and essential support

Up to five years for individual, up to one year for group or team

None 24,165

P-2 Artist or entertainer in a reciprocal exchange program and essential support

Up to one year None 65

P-3 Artist or entertainer in a culturally unique program and essential support

Up to one year None 8,806

P-4 Spouse or child of P-1, P-2, or P-3 Same as spouse/parent None 1,994

Q-1 International cultural exchange program participant

Up to 15 months None 1,677

R-1 Religious worker Up to 30 months None 5,330

R-2 Spouse or child of R-1 Up to 30 months None 2,679

S-5 Witness or informant in criminal matter

Up to three years 200 0

S-6 Witness or informant in terrorism matter

Up to three years 50 0

S-7 Spouse or child of S-5 and S-6 Up to three years None 0

T-1 Victim of a severe form of trafficking in persons

Up to four years; may adjust to LPR status if conditions are met

5,000 0

T-2 Spouse of T-1 Same as T-1 None 95

T-3 Child of T-1 Same as T-1 None 340

T-4 Parent of T-1 under age 21 Same as T-1 None 58

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Visa

Category Description

Initial Duration

of Staya

Annual Numeric

Limit

FY2023

Visa

Issuances

T-5 Unmarried sibling under age 18 of T-1 under age 21

Same as T-1 None 50

T-6 Adult or minor child of T-2, T-3, T- 4, or T-5

Same as T-1 None 11

TN United States-Mexico-Canada Agreement (USMCA) professional

Up to three years None 32,904

TD Spouse or child of TN Up to three years None 17,600

U-1 Victim or informant of criminal activity

Up to four years; may adjust to LPR status if conditions are met.

10,000 225

U-2 Spouse of U-1 Same as U-1 None 216

U-3 Child of U-1 Same as U-1 None 1,306

U-4 Parent of U-1 under age 21 Same as U-1 None 18

U-5 Unmarried sibling under age 18 of U-1 under age 21

Same as U-1 None 24

V-1c Spouse of LPR who has had immigrant visa petition pending for three years or longer; transitional visa that leads to LPR status when visa becomes available

Up to two years None 0

V-2c Child of LPR who has had immigrant visa petition pending for three years or longer

Up to two years, or until 21st birthday

None 0

V-3c Child of V-1 or V-2 Up to two years, or until 21st birthday

None 0

Total

10,438,327

Source: Visa Category, Description, Duration of Stay, and Annual Numeric Limit: §§101(a)(15), 212, and 214 of the Immigration and Nationality Act (8 U.S.C. §§1101(a)(15), 1182, and 1184); and §214 of 8 C.F.R. FY2023 Visa Issuances: U.S. Department of State, Report of the Visa Office 2023, Table XV (B). a. Some visa categories allow for an extension of stay. For more information, see Appendix in CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.

b. In recent years, Congress has enacted provisions authorizing DHS to make additional H-2B visas available (above the cap) subject to specified conditions. For more information, see CRS Report R44306, The H-2B Visa and the Statutory Cap.

c. No longer in use. Created in FY2001, V nonimmigrant visas allowed family members with pending immigrant visas to be in the United States with their LPR spouses and parents while waiting to complete the permanent immigration process. To be eligible for V visas, individuals must have had petitions for family preference immigrant visas filed on their behalf before December 21, 2000. No V visas have been issued since FY2007 because, by then, all such individuals were able to obtain LPR status.

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Table 2. LPR Categories, FY2023

LPR

Category Description

Annual

Numeric Limit

FY2023 LPR

Recipientsa

Employment-Based Preference Immigrants

EB-1 Priority workers 40,040 57,140

EB-2 Professionals with advanced degrees or aliens of exceptional ability

40,040 55,790

EB-3 Skilled workers, professionals, and needed unskilled workers

40,040b

(including up to

10,000 for

unskilled “other

workers”)

57,310

EB-4 Special immigrants (including religious workers, employees of the U.S. government abroad, and juvenile court dependents)

9,940c

(including up to

5,000 religious

workers and up to

3,500 employees

of the U.S.

government

abroad)

14,600

EB-5 Investors/employment creation 9,940 11,930

Family-Based Immigrants

Immediate Relatives

IR-1 Spouses of U.S. citizens No annual limit 276,080

IR-2 Children of U.S. citizens (includes orphans and adoptees) No annual limit 67,150

IR-3 Parents of U.S. citizens No annual limit 208,350

Family-Sponsored Preference Immigrants

F-1 Unmarried sons/daughters of U.S. citizens and their children

23,400 23,690

F-2 Spouses, children, and unmarried sons/daughters of LPRs 114,200 116,560

F-3 Married sons/daughters of U.S. citizens and their spouses and children

23,400 19,180

F-4 Brothers/sisters of U.S. citizens (age 21 or older) and their spouses and children

65,000 44,820

Diversity Immigrants

Individuals from countries that send relatively few immigrants to the United States

55,000d 67,350

Refugees Aliens admitted to the United States as refugees based on persecution claims who have been physically present in the United States for at least one year

No annual limit 59,030

Asylees Aliens granted asylum based on persecution claims who have been physically present in the United States for at least one year

No annual limit 40,330

Other Includes parolees, children born abroad to alien residents, certain Iraqis and Afghans employed by the U.S. government, cancellation of removal, victims of human trafficking, and victims of crime

Various limitse 53,610

Total 1,172,910

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Source: LPR Category, Description, and Annual Numeric Limit: INA §§203(a), 203(b), and 204 (8 U.S.C. §§1153(a) 1153(b), and 1154). FY2023 Recipients: U.S. Department of Homeland Security, Yearbook of Immigration Statistics FY2023, Table 6.

a. Numbers are rounded to the nearest 10 by DHS and may not sum to total due to rounding. In general, instances in which the number of LPR recipients exceeds the statutory annual numeric limit are largely due to timing differences between when LPR status is officially granted, and when immigrants arrive in the United States and are counted by DHS as green card recipients. Such instances also result from the roll- downs of unused visa numbers from higher-priority categories. For more information, see Table 1 in CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. In FY2023, employment- based LPR recipients were substantially higher than usual, because the COVID-19 pandemic prevented sizable numbers of family-sponsored preference immigrant visas from being used in FY2022. The INA contains provisions that permit such unused immigrant visa numbers to “fall across” and be used for employment-based immigrants in the following fiscal year. For more information, see “Exceptions to Numerical Limits and the Per-Country Ceiling” in CRS Report R47164, U.S. Employment-Based Immigration Policy.

b. The INA limits EB-3 immigrant visas to 40,040 each year. Since FY2002, that ceiling has been reduced by up to 5,000 each year to accommodate adjustments made under the Nicaraguan Adjustment and Central American Relief Act (NACARA, Title II of P.L. 105-100, as amended by P.L. 105-139, Section 1(e)). For FY2023, this reduction was approximately 167.

c. The GRATEFUL Act (P.L. 118-31, §5104) provides for up to 3,500 visas to be made available within the EB- 4 category to employees of the U.S. government abroad in FY2024, and 3,000 visas for every year thereafter. The act reduces the number of diversity immigrant visas by the number of such EB-4 visas so that the total number of immigrant visas issued does not exceed current statutory limits.

d. The INA provides for 55,000 diversity immigrant visas each year. Since FY1999, that ceiling has been reduced by up to 5,000 each year to accommodate adjustments made under NACARA. For FY2023, this reduction was approximately 167.

e. For more information on these categories, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.

Author Information

Jill H. Wilson Analyst in Immigration Policy

Nonimmigrant and Immigrant Visa Categories: Data Brief

Congressional Research Service R45938 · VERSION 10 · UPDATED 9

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