Nonimmigrant and Immigrant Visa Categories: Data Brief




Nonimmigrant and Immigrant Visa
Categories: Data Brief

Updated October 18, 2023
Congressional Research Service
https://crsreports.congress.gov
R45938




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Nonimmigrant and Immigrant Visa Categories: Data Brief

Contents
Introduction ..................................................................................................................................... 1

Tables
Table 1. Nonimmigrant Visas, FY2022 ........................................................................................... 2
Table 2. LPR Categories, FY2022 ................................................................................................... 7

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




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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 that were issued or of individuals obtaining LPR status for
each category in FY2022.
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, FY2022
FY2022
Visa
Initial Duration of
Annual Numeric
Visa
Category
Description
Staya
Limit
Issuances
A-1
Ambassador, public minister, career
Duration of
None
9,395
diplomat, or consul, and immediate
assignment
family
A-2
Other foreign government official or Duration of
None
85,752
employee, and immediate family
assignment
A-3
Attendant, servant, or personal
Up to three years
None
808
employee of A-1/A-2, and
immediate family
B-1
Visitor for business only
Six months to one
None
21,943
year
B-2
Visitor for pleasure only
Six months to one
None
5,905
year
B-1/B-2
Visitor for business and pleasure
Six months to one
None
3,228,199
year
B-1/B-2/
Border crossing cards for Mexicans
Up to 30 days (or
None
1,182,329
BCC
longer if coupled with
B-1 or B-2)
B-1/B-2/
Mexican Lincoln Border Crossing
Up to 30 days (or
None
62,153
BCV
Visa
longer if coupled with
B-1 or B-2)
C-1
Person in transit
Up to 29 days
None
8,643
C-1/D
Combination transit/crew member
Up to 29 days
None
253,424
C-2
Person in transit to United Nations
Up to 29 days
None
32
Headquarters
C-3
Foreign government official and
Up to 29 days
None
3,337
immediate family, attendant, servant,
or personal employee in transit
CW-1
Commonwealth of the Northern
Up to one year
For FY2022: 11,500
1,041
Mariana Islands (CNMI) transitional
plus 3,000 for
worker
disaster recovery
workers
CW-2
Spouse or child of CW-1
Up to one year
None
244
D
Crew member
Up to 29 days
None
7,381
E-1
Treaty trader, spouse and child, and
Up to two years
None
5,383
employee
E-2
Treaty investor, spouse and child,
Up to two years
None
45,878
and employee
E-2C
CNMI treaty investor, spouse, and
Up to two years
None
34
child
E-3
Australian specialty occupation
Up to two years
10,500
4,731
professional
E-3D
Spouse or child of E-3
Up to two years
None
3,292
E-3R
Returning E-3
Up to two years
None
2,631
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FY2022
Visa
Initial Duration of
Annual Numeric
Visa
Category
Description
Staya
Limit
Issuances
F-1
Foreign student (academic or
Duration of study
None
411,131
language training program)
(limited to 12 months
for secondary school
students)
F-2
Spouse or child of F-1
Duration of study
None
25,887
G-1
Principal resident representative of
Duration of
None
4,382
recognized foreign member
assignment
government to international
organization, staff, and immediate
family
G-2
Other representative of recognized
Duration of
None
13,092
foreign member government to
assignment
international organization, staff, and
immediate family
G-3
Representative of nonrecognized or
Duration of
None
357
nonmember foreign government to
assignment
international organization, staff, and
immediate family
G-4
International organization officer or
Duration of
None
19,944
employee, and immediate family
assignment
G-5
Attendant, servant, or personal
Up to three years
None
281
employee of G-1 through G-4, and
immediate family
H-1B
Temporary worker—professional
Specialty occupation:
Specialty occupation
206,002
specialty occupation
up to three years;
or fashion model:
Department of
65,000, plus 20,000
Defense (DOD)
for those with U.S.
research &
advanced degrees;
development: up to
renewals and
five years
certain
research/education
employers are not
counted against cap;
DOD research &
development: 100 at
any time
H-1 B-1
Free trade agreement professional
Up to one year
1,400 for Chile;
Chile: 1,449
from Chile or Singapore
5,400 for Singapore
Singapore:
927
H-2A
Temporary worker—agricultural
Up to one year
None
298,336
workers
H-2Bb
Temporary worker—nonagricultural Up to one year (up to
66,000
124,644
workers
three years in certain
cases)
H-3
Temporary worker—trainee
Alien trainee: up to
Alien trainee: none
695
two years
Special education
Special education
exchange visitor
exchange visitor
program: 50
program: up to 18
months
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FY2022
Visa
Initial Duration of
Annual Numeric
Visa
Category
Description
Staya
Limit
Issuances
H-4
Spouse or child of H-1B, H-1B-1, H-
Same as H-1, H-2, or
None
137,246
2A, H-2B, or H-3
H-3 spouse/parent
I
Representative of foreign
Duration of
None
9,917
information media, spouse and child
employment
J-1
Cultural exchange visitor
Duration of program
None
284,486
J-2
Spouse or child of J-1
Duration of program
None
30,579
K-1
Fiancé(e) of U.S. citizen
Valid for four months;
None
21,351
must marry within 90
days of entry to adjust
to LPR status
K-2
Child of K-1
Same as parent
None
3,441
K-3
Spouse of U.S. citizen awaiting lawful Up to two years
None
5
permanent resident visa
K-4
Child of K-3
Up to two years or
None
1
until 21st birthday
L-1
Intracompany transferee (executive,
Up to three years; up
None
72,958
managerial, and specialized
to one year when
personnel continuing employment
beneficiary is coming
with international firm or
to open or be
corporation)
employed in a new
office
L-2
Spouse or child of L-1
Same as spouse/parent
None
78,448
M-1
Vocational student
Duration of study
None
5,271
M-2
Spouse or child of M-1
Same as spouse/parent
None
242
NATO-1
Principal permanent representative
Tour of duty
None
15
of member nations to North
Atlantic Treaty Organization
(NATO), high ranking NATO
officials, and immediate family
members
NATO-2
Other representatives of member
Tour of duty
None
7,370
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
NATO-3
Official clerical staff accompanying a
Tour of duty
None
3
representative of a member state to
NATO, and immediate family
NATO-4
Officials of NATO (other than those Tour of duty
None
163
classifiable as NATO-1), and
immediate family
NATO-5
Experts employed in missions on
Tour of duty
None
62
behalf of NATO (other than
NATO-4 officials), and their
dependents
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FY2022
Visa
Initial Duration of
Annual Numeric
Visa
Category
Description
Staya
Limit
Issuances
NATO-6
Civilian employees of a force
Tour of duty
None
863
entering in accordance with the
provisions of NATO agreements or
attached to NATO headquarters,
and their dependents
NATO-7
Attendant, servant, or personal
Up to three years
None
0
employee of NATO-1 through
NATO-6, and immediate family
N-8
Parent of certain special immigrants
Up to three years, as
None
13
(pertaining to international
long as special
organizations)
immigrant remains a
child
N-9
Child of N-8 or of certain special
Up to three years, or
None
1
immigrants (pertaining to
until no longer a child,
international organizations)
whichever is shorter
O-1
Person with extraordinary ability in
Up to three years
None
19,102
the sciences, arts, education,
business, or athletics
O-2
Person accompanying and assisting
Up to three years
None
11,586
in the artistic or athletic
performance by O-1
O-3
Spouse or child of O-1 or O-2
Up to three years
None
6,234
P-1
Internationally recognized athlete or
Up to five years for
None
20,287
member of an internationally
individual, up to one
recognized entertainment group and year for group or team
essential support
P-2
Artist or entertainer in a reciprocal
Up to one year
None
59
exchange program and essential
support
P-3
Artist or entertainer in a culturally
Up to one year
None
5,294
unique program and essential
support
P-4
Spouse or child of P-1, P-2, or P-3
Same as spouse/parent
None
1,717
Q-1
International cultural exchange
Up to 15 months
None
1,057
program participant
R-1
Religious worker
Up to 30 months
None
4,098
R-2
Spouse or child of R-1
Up to 30 months
None
1,806
S-5
Witness or informant in criminal
Up to three years
200
0
matter
S-6
Witness or informant in terrorism
Up to three years
50
0
matter
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 Up to four years; may
5,000
0
in persons
adjust to LPR status if
conditions are met
T-2
Spouse of T-1
Same as T-1
None
32
T-3
Child of T-1
Same as T-1
None
208
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FY2022
Visa
Initial Duration of
Annual Numeric
Visa
Category
Description
Staya
Limit
Issuances
T-4
Parent of T-1 under age 21
Same as T-1
None
27
T-5
Unmarried sibling under age 18 of
Same as T-1
None
18
T-1 under age 21
T-6
Adult or minor child of T-2, T-3, T-
Same as T-1
None
21
4, or T-5
TN
United States-Mexico-Canada
Up to three years
None
33,361
Agreement (USMCA) professional
TD
Spouse or child of TN
Up to three years
None
16,575
U-1
Victim or informant of criminal
Up to four years; may
10,000
178
activity
adjust to LPR status if
conditions are met.
U-2
Spouse of U-1
Same as U-1
None
114
U-3
Child of U-1
Same as U-1
None
1,191
U-4
Parent of U-1 under age 21
Same as U-1
None
18
U-5
Unmarried sibling under age 18 of
Same as U-1
None
40
U-1 under age 21
V-1c
Spouse of LPR who has had
Up to two years
None
0
immigrant visa petition pending for
three years or longer; transitional
visa that leads to LPR status when
visa becomes available
V-2c
Child of LPR who has had immigrant Up to two years, or
None
0
visa petition pending for three years
until 21st birthday
or longer
V-3c
Child of V-1 or V-2
Up to two years, or
None
0
until 21st birthday

Total


6,815,120
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. FY2022 Visa
Issuances: U.S. Department of State, Report of the Visa Office 2022, 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 issue additional H-2B visas (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, FY2022
LPR
Annual
FY2022 LPR
Category
Description
Numeric Limit
Recipientsa
Employment-Based Preference Immigrants
EB-1
Priority workers
40,040
53,433
EB-2
Professionals with advanced degrees or aliens of
40,040
109,081
exceptional ability
EB-3
Skilled workers, professionals, and needed unskil ed
40,040c
79,362
workers
(including up to
10,000 for
unskilled “other
workers”)
EB-4
Special immigrants (including religious workers, employees
9,940
20,526
of U.S. government abroad, and juvenile court dependents)
(including up to
5,000 religious
workers)
EB-5
Investors/employment creation
9,940
7,882
Family-Based Immigrants


Immediate Relatives


IR-1
Spouses of U.S. citizens
No annual limit
238,632
IR-2
Children of U.S. citizens (includes orphans and adoptees)
No annual limit
57,131
IR-3
Parents of U.S. citizens
No annual limit
132,505
Family-Sponsored Preference Immigrants


F-1
Unmarried sons/daughters of U.S. citizens and their
23,400
17,763
children
F-2
Spouses, children, and unmarried sons/daughters of LPRs
114,200
89,856
F-3
Married sons/daughters of U.S. citizens and their spouses
23,400
17,449
and children
F-4
Brothers/sisters of U.S. citizens (age 21 or older) and their
65,000
40,973
spouses and children
Diversity
Individuals from countries that send relatively few
55,000d
43,233
Immigrants
immigrants to the United States
Refugees
Aliens admitted to the United States as refugees based on
No annual limit
29,423
persecution claims who have been physically present in the
United States for at least one year
Asylees
Aliens granted asylum based on persecution claims who
No annual limit
53,659
have been physically present in the United States for at
least one year
Other
Includes parolees, children born abroad to alien residents,
Various limitse
27,441
certain Iraqis and Afghans employed by the U.S.
government, cancellation of removal, victims of human
trafficking, and victims of crime
Total


1,018,349
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). FY2022 Recipients: U.S. Department of Homeland Security, Yearbook of
Immigration Statistics FY2022
, Table 6.
a. 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
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Nonimmigrant and Immigrant Visa Categories: Data Brief

b. 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 FY2022,
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 FY2021. 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
.
c. The INA limits EB-3 immigrant visas to 40,040 each year. From FY2002 through FY2019, 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 FY2022, this reduction was approximately 150.
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 FY2022, this
reduction was approximately 150.
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



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