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[Federal Register: March 20, 2008 (Volume 73, Number 55)]
[Rules and Regulations]
[Page 14926-14934]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr08-9]
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DEPARTMENT OF STATE
22 CFR Parts 41 and 42
[Public Notice: 6135]
Visas: Documentation of Immigrants and Nonimmigrants --Visa
Classification Symbols
AGENCY: State Department.
ACTION: Final rule.
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SUMMARY: The Department is amending its regulations to add new
classification symbols to the immigrant and nonimmigrant classification
tables. The amendment is necessary to implement legislation that has
created additional immigrant and nonimmigrant classifications as
described herein. Additionally, the Department is removing immigrant
classifications that have become obsolete as a result of either their
deletion from the Immigration and Nationality Act ``INA'' or the
expiration of legislative provisions that had temporarily authorized
them. This rule also corrects typographical errors noted in the tables.
DATES: This rule is effective March 20, 2008.
FOR FURTHER INFORMATION CONTACT: Barbara J. Kennedy, Legislation and
Regulations Division, Visa Services, U.S. Department of State,
Washington, DC 20520-0106, phone (202) 663-1206.
SUPPLEMENTARY INFORMATION:
Which immigrant classifications are being added?
The new immigrant classification symbols listed are for children
residing habitually in Hague Adoption Convention countries who have
been or will be adopted by U.S. citizens who are habitually residents
in the United States (IH3, IH4), and for two additional classes of
special immigrants: certain nationals of Afghanistan and Iraq employed
by the U.S. Government in Afghanistan or Iraq as translators or
interpreters (SI1, SI2, SI3), and certain Iraqis employed by or on
behalf of the U.S. Government in Iraq (SQ1, SQ2, SQ3).
Which nonimmigrant classifications are being added?
Added to the nonimmigrant classification tables are symbols for
certain nationals of Australia in a specialty occupation (E3), spouses
and children accompanying or following to join E3 principal aliens
(E3D), E3 principal aliens who are applying for a new visa when there
has been uninterrupted continuity of employment (E3R); treaty aliens
from
[[Page 14927]]
Singapore and Chile in a specialty occupation (H1B1); unmarried
siblings under age 18 of an alien under 21 years of age who has
qualified for T1 classification as a victim of a ``severe form of
trafficking in persons'' (T5); and unmarried siblings under age 18 of
an alien under 21 years of age who has qualified for U1 classification
as a victim of certain types of criminal activity helpful in the
investigation or prosecution of such activity (U5).
Which immigrant classifications are being removed?
The Department of State is removing the immigrant classification
symbol for one class of special immigrant: certain aliens employed at
the United States Mission in Hong Kong (SEH) or members of their
immediate families. The authority for special immigrant status for that
class applied only to aliens who had filed applications for such status
by January 1, 2002. Also being removed are two of the five symbols for
special immigrants who were recruited outside the United States into
the U.S. armed forces and have served or are enlisted in the U.S. armed
forces for 12 years and their spouses and children. The deleted symbols
pertain to those service members (SM4) and spouses and children (SM5)
who became eligible as of the date of enactment (October 1, 1991). Also
being deleted is the reference to the date of enactment from the class
description for the SM1 classification symbol because the INA provision
that was the reason for the additional symbols and the significance of
that date was deleted from the INA. As amended, the regulation will
provide three SM classification symbols that encompass such service
members, spouses, and children without reference to the date they
became eligible.
What is the background for the new immigrant visa classifications (IH3
and IH4) for a child from a Hague Convention country?
Section 302 of the Intercountry Adoption Act of 2000, Public Law
106-279, amended the INA by adding a new section 101(b)(1)(G),
effective upon the entry into force for the United States of the
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption done at the Hague on May 29, 1993, to accord a
classification of immediate relative under section 201(b) to a child
who has been adopted in a foreign state, or a child who is emigrating
from a foreign state to be adopted in the United States, when the
foreign state is a party to the Convention. On December 12, 2007, the
United States deposited its instrument of ratification for the
Convention. In accordance with the terms of the Convention, it will
enter into force with respect to the United States on April 1, 2008.
What is the background for the new immigrant visa classifications (SI1,
SI2, SI3) for aliens employed by the U.S. Government in Iraq or
Afghanistan as translators or interpreters, spouse of SI1, and child of
SI1?
Section 1059 of the National Defense Authorization Act for Fiscal
Year 2006, Public Law 109-163, as amended by section 3812 of Public Law
110-28, created the new special immigrant classification for certain
self-petitioning translators or interpreters of Iraqi or Afghani
nationality who have worked directly with United States Armed Forces or
under Chief of Mission authority for a period of at least 12 months.
The alien must have obtained a favorable written recommendation from
the Chief of Mission or a general or flag officer in the chain of
command of the United States Armed Forces unit that was supported by
the alien and, before filing the petition, cleared a background check
and screening, as determined by the Chief of Mission or such a general
or flag officer. This class is subject to numerical limitations;
however, aliens in this class who are granted special immigrant status
shall not be counted against any numerical limitation under INA
sections 201(d), 202(a), or 203(b)(4). If accompanying or following to
join a principal alien, the spouse or child is entitled to derivative
special immigrant status. If the principal alien dies after special
immigrant status has been granted, the surviving spouse or child is
entitled to such status.
What is the background for the new immigrant visa classifications (SQ1,
SQ2, SQ3) for certain Iraqis employed by or on behalf of the U.S.
Government, spouse of SQ1, and child of SQ1?
Section 1244 of the National Defense Authorization Act for Fiscal
Year 2008, Public Law 110-181, created the new special immigrant
classification under section 101(a)(27) of the INA for certain
qualified self-petitioning Iraqi citizens or nationals. The alien must
have been employed by or on behalf of the United States Government in
Iraq on or after March 20, 2003, for not less than one year; have
provided faithful and valuable service to the United States Government,
which is documented in a positive recommendation or evaluation from the
employee's senior supervisor or, if the employee's senior supervisor
has left the employer or has left Iraq, from the person currently
occupying that position or a more senior person; and have experienced
or be experiencing an ongoing serious threat as a consequence of the
alien's employment by the United States Government. No petition may be
approved for such an alien unless the supervisor's positive
recommendation or evaluation is accompanied by approval from the Chief
of Mission or the designee of the Chief of Mission, who shall conduct a
risk assessment of the alien and an independent review of records
maintained by the United States Government or the hiring organization
or entity to confirm employment and faithful and valuable service to
the United States Government. Further, the alien must be otherwise
eligible to receive an immigrant visa; be otherwise admissible to the
United States for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of the INA) and have
cleared a background check and appropriate screening, as determined by
the Secretary of Homeland Security. This class is subject to numerical
limitations; however, aliens in this class who are granted special
immigrant status shall not be counted against any numerical limitation
under INA sections 201(d), 202(a), or 203(b)(4). If accompanying or
following to join a principal alien, the spouse or child is entitled to
derivative special immigrant status. If the principal alien dies after
special immigrant status has been granted, the surviving spouse or
child is entitled to such status.
What is the background for the new nonimmigrant classifications (E3,
E3D, E3R) for Australian treaty aliens coming to the United States
solely to perform services in a specialty occupation, spouse or child
of an E3, and returning E3?
Section 501 of Division B, Title V, of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, Public Law 109-13, amended INA 101(a)(15)(E) to add the new
nonimmigrant visa classification for certain treaty aliens who are
nationals of Australia coming to the United States solely to perform
services in a specialty occupation as defined in section 214(i)(1) of
the INA, provided the Secretary of Labor determines and certifies to
the Secretary of Homeland Security that the intending employer has
filed an attestation under section 212(t)(1) of the INA. Annual
numerical limitations apply unless the alien is obtaining a new E3 visa
after having already been in E3 status in the United
[[Page 14928]]
States and establishes that there has been uninterrupted continuity of
employment for the same United States-based employer who submitted the
original labor condition application and offer of employment. Section
101(a)(15)(E) provides that the spouse or child who is accompanying or
following to join a principal alien who qualifies for classification
under that section is also entitled to such classification.
What is the background for the new nonimmigrant classification (H1B1)
for a Chilean or Singaporean national to work in a specialty
occupation?
Sections 402(a)(1) of Public Law 108-77, the United States-Chile
Free Trade Agreement Implementation Act, as amended, and Public Law
108-78, the United States-Singapore Free Trade Agreement Implementation
Act, amended Sections 101(a)(15)(H)(i)(b1) and 214(g)(8)(A) of the INA,
to provide for nonimmigrant classification for an alien who is entitled
to enter the United States under and in pursuance of the provisions of
either of those two free trade agreements, subject to annual numerical
limitations established by the Secretary of Homeland Security. Both
agreements entered into force on January 1, 2004.
What is the background for the new nonimmigrant classification (T5) for
an unmarried sibling under age 18 of a T1 under 21 years of age?
Section 801(b)(2) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005, Public Law 109-162, amended
section 101(a)(15)(T) of the INA, which provides for nonimmigrant
classification of an alien who is determined by the Secretary of
Homeland Security to be a victim of a ``severe form of trafficking in
persons,'' provided he or she also meets additional requirements of
that section, and for certain family members, if accompanying or
following to join the principal alien. As amended, clause (ii) includes
a provision for derivative nonimmigrant classification of an unmarried
sibling under 18 years of age on the date the principal alien applies
for status, if accompanying or following to join a principal alien
under 21 years of age. This rule is adding the T5 classification for
such a sibling to the classification table, which already lists the
victim (T1), and the spouse (T2) and child (T3) of a T1 principal
alien, as well as the parent of a T1 principal under the age of 21
(T4), if accompanying or following to join the principal alien.
What is the background for the new nonimmigrant classification (U5) for
an unmarried sibling under age 18 of a U1 under 21 years of age?
Section 801(b)(2) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005, Public Law 109-162, amended
section 101(a)(15)(U) of the INA, which provides for nonimmigrant
classification of an alien who is determined by the Secretary of
Homeland Security to have suffered physical or mental abuse as a result
of having been a victim of certain criminal activity described in that
section, provided he or she also meets additional requirements, and for
certain family members, if accompanying or following to join the
principal alien. As amended, clause (ii) includes a provision for
derivative nonimmigrant classification of an unmarried sibling under
age 18 as of the date the principal alien applies for status, if
accompanying or following to join a principal alien under 21 years of
age. This rule is adding the U5 classification to the classification
table, which already lists the victim (U1), and the spouse (U2) and
child (U3) of a U1 principal alien, as well as the parent of a U1
principal under the age of 21 (U4), if accompanying or following to
join the principal alien.
Why is the Department removing symbols for special immigrant status for
certain aliens employed at the United States Mission in Hong Kong
(SEH), and for certain aliens recruited outside the United States who
have served or are enlisted in the U.S. armed forces for 12 years
(eligible as of October 1, 1991) (SM4), and the spouse or child (SM5)?
Section 152 of Public Law 101-649 established a class of immigrants
with special immigrant status for certain aliens employed at the United
States Mission in Hong Kong or their immediate families. The immigrant
classification table has listed this class with the symbol SEH.
Subsection (c) of section 152 of Public Law 101-649 stated that special
immigrant status applied only to aliens who filed applications for such
status under section 152 by not later than January 1, 2002. Because the
authority for special immigrant status for this classification no
longer exists, the Department is removing the SEH classification
symbol.
Section 2(b) of the Armed Forces Immigration Adjustment Act of
1991, Public Law 102-110, amended section 203(b)(6) of the INA. As
amended, section 203(b)(6) included a subparagraph (C), which
distinguished between those aliens who, as of the date of enactment,
October 1, 1991, met the requirements in section 101(a)(27)(K) for
special immigrant status, based on recruitment into the U.S. armed
forces outside the United States and at least 12 years of service, and
those who met the requirements subsequent to that date. The difference
was that immigrants who met the requirements after October 1, 1991 were
subject to annual numerical limitations, while those who already met
the requirements as of October 1, 1991 were not. The Department
assigned classification symbols SM1, SM2, and SM3, respectively, to
those principal aliens who met the requirements of section
101(a)(27)(K) after October 1, 1991, their spouses and their children.
The SM4 and SM5 classification symbols were assigned, respectively, to
those principal aliens who met those requirements as of October 1, 1991
and their spouses and children. Section 212(b) of the Immigration and
Nationality Technical Corrections Act of 1994, Public Law 103-416,
amended section 203(b)(6) of the INA by deleting subparagraph (C). As a
result, there is no longer a numerical limitation under section 203(b)
for any aliens who qualify for special immigrant status under section
101(a)(27)(K). The Department is therefore removing the SM4 and SM5
classification symbols from the table, and deleting from the class
description for SM1 the reference to becoming eligible after the date
of enactment.
Regulatory Findings
Administrative Procedure Act
This regulation involves a foreign affairs function of the United
States and, therefore, is not subject to the procedures required by 5
U.S.C. 553 and 554. It is exempt from review under Executive Order
12866 but has been reviewed internally by the Department to ensure
consistency with the purposes thereof. This rule does not require
analysis under the Regulatory Flexibility Act or the Unfunded Mandates
Reform Act. It has been found not to be a major rule within the meaning
of the Small Business Regulatory Enforcement Fairness Act of 1996. It
will not have substantial direct effects on the States, the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, it is determined that this rule does not have
sufficient federalism implications to warrant application of
consultation provisions of Executive Orders 12372 and 13132. This rule
does not impose
[[Page 14929]]
any new reporting or recordkeeping requirements subject to the
Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Regulatory Flexibility Act/Executive Order 13273: Small Business
Because this final rule is exempt from notice and comment
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory
flexibility analysis requirements set forth at sections 603 and 604 of
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Department certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This regulates individual aliens who seek consideration for immigrant
and nonimmigrant visas and does not affect any small entities, as
defined in 5 U.S.C. 601(6).
The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires
agencies to prepare a statement before proposing any rule that may
result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private sector. This rule will
not result in any such expenditure, nor will it significantly or
uniquely affect small governments.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
import markets.
Executive Order 12866
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of the
regulation justify its costs. The Department does not consider the rule
to be an economically significant action within the scope of section
3(f)(1) of the Executive Order since it is not likely to have an annual
effect on the economy of $100 million or more or to adversely affect in
a material way the economy, a sector of the economy, competition, jobs,
the environment, public health or safety, or State, local or tribal
governments or communities.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national Government and the
States, or the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders No. 12372
and No. 13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the regulations in light of sections
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Paperwork Reduction Act
This rule does not impose information collection requirements under
the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Parts 41 and 42
Aliens, Foreign Officials, Immigration, Nonimmigrants, Passports
and Visas, Students.
0
For the reasons stated in the preamble, the Department of State amends
22 CFR parts 41 and 42 to read as follows:
PART 41--[AMENDED]
0
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801.
0
2. Revise Sec. 41.12 to read as follows:
Sec. 41.12 Classification symbols.
A visa issued to a nonimmigrant alien within one of the classes
described in this section shall bear an appropriate visa symbol to show
the classification of the alien. The symbol shall be inserted in the
space provided on the visa. The following visa symbols shall be used:
Nonimmigrants
------------------------------------------------------------------------
Symbol Class Section of law
------------------------------------------------------------------------
A1................. Ambassador, Public Minister, 101(a)(15)(A)(i).
Career Diplomat or Consular
Officer, or Immediate Family.
A2................. Other Foreign Government 101(a)(15)(A)(ii)
Official or Employee, or .
Immediate Family.
A3................. Attendant, Servant, or Personal 101(a)(15)(A)(iii
Employee of A1 or A2, or ).
Immediate Family.
B1................. Temporary Visitor for Business.. 101(a)(15)(B).
B2................. Temporary Visitor for Pleasure.. 101(a)(15)(B).
B1/B2.............. Temporary Visitor for Business & 101(a)(15)(B).
Pleasure.
C1................. Alien in Transit................ 101(a)(15)(C).
C1/D............... Combined Transit and Crewmember 101(a)(15)(C) and
Visa. (D).
C2................. Alien in Transit to United 101(a)(15)(C).
Nations Headquarters District
Under Sec. 11.(3), (4), or (5)
of the Headquarters Agreement.
C3................. Foreign Government Official, 212(d)(8).
Immediate Family, Attendant,
Servant or Personal Employee,
in Transit.
D.................. Crewmember (Sea or Air)......... 101(a)(15)(D).
E1................. Treaty Trader, Spouse or Child.. 101(a)(15)(E)(i).
E2................. Treaty Investor, Spouse or Child 101(a)(15)(E)(ii)
.
E3................. Australian Treaty Alien Coming 101(a)(15)(E)(iii
to the United States Solely to ).
Perform Services in a Specialty
Occupation.
E3D................ Spouse or Child of E3........... 101(a)(15)(E)(iii
).
E3R................ Returning E3.................... 101(a)(15)(E)(iii
).
F1................. Student in an academic or 101(a)(15)(F)(i).
language training program.
F2................. Spouse or Child of F1........... 101(a)(15)(F)(ii)
.
F3................. Canadian or Mexican national 101(a)(15)(F)(iii
commuter student in an academic ).
or language training program.
[[Page 14930]]
G1................. Principal Resident 101(a)(15)(G)(i).
Representative of Recognized
Foreign Government to
International Organization,
Staff, or Immediate Family.
G2................. Other Representative of 101(a)(15)(G)(ii)
Recognized Foreign Member .
Government to International
Organization, or Immediate
Family.
G3................. Representative of Nonrecognized 101(a)(15)(G)(iii
or Nonmember Foreign Government ).
to International Organization,
or Immediate Family.
G4................. International Organization 101(a)(15)(G)(iv)
Officer or Employee, or .
Immediate Family.
G5................. Attendant, Servant, or Personal 101(a)(15)(G)(v).
Employee of G1 through G4, or
Immediate Family.
H1B................ Alien in a Specialty Occupation 101(a)(15)(H)(i)(
(Profession). b).
H1B1............... Chilean or Singaporean National 101(a)(15)(H)(i)(
to Work in a Specialty b1).
Occupation.
H1C................ Nurse in Health Professional 101(a)(15)(H)(i)(
Shortage Area. c).
H2A................ Temporary Worker Performing 101(a)(15)(H)(ii)
Agricultural Services (a).
Unavailable in the United
States.
H2B................ Temporary Worker Performing 101(a)(15)(H)(ii)
Other Services Unavailable in (b).
the United States.
H3................. Trainee......................... 101(a)(15)(H)(iii
).
H4................. Spouse or Child of Alien 101(a)(15)(H)(iv)
Classified H1B/B1/C, H2A/B/R, .
or H-3.
I.................. Representative of Foreign 101(a)(15)(I).
Information Media, Spouse and
Child.
J1................. Exchange Visitor................ 101(a)(15)(J).
J2................. Spouse or Child of J1........... 101(a)(15)(J).
K1................. Fiance(e) of United States 101(a)(15)(K)(i).
Citizen.
K2................. Child of Fiance(e) of U.S. 101(a)(15)(K)(iii
Citizen. ).
K3................. Spouse of U.S. Citizen Awaiting 101(a)(15)(K)(ii)
Availability of Immigrant Visa. .
K4................. Child of K3..................... 101(a)(15)(K)(iii
).
L1................. Intracompany Transferee 101(a)(15)(L).
(Executive, Managerial, and
Specialized Knowledge Personnel
Continuing Employment with
International Firm or
Corporation).
L2................. Spouse or Child of Intracompany 101(a)(15)(L).
Transferee.
M1................. Vocational Student or Other 101(a)(15)(M)(i).
Nonacademic Student.
M2................. Spouse or Child of M1........... 101(a)(15)(M)(ii)
.
M3................. Canadian or Mexican National 101(a)(15)(M)(iii
Commuter Student (Vocational ).
Student or Other Nonacademic
Student).
N8................. Parent of an Alien Classified 101(a)(15)(N)(i).
SK3 or SN3.
N9................. Child of N8 or of SK1, SK2, SK4, 101(a)(15)(N)(ii)
SN1, SN2 or SN4. .
NATO 1............. Principal Permanent Art. 12, 5 UST
Representative of Member State 1094; Art. 20, 5
to NATO (including any of its UST 1098.
Subsidiary Bodies) Resident in
the U.S. and Resident Members
of Official Staff; Secretary
General, Assistant Secretaries
General, and Executive
Secretary of NATO; Other
Permanent NATO Officials of
Similar Rank, or Immediate
Family.
NATO 2............. Other Representative of Member Art. 13, 5 UST
State to NATO (including any of 1094; Art. 1, 4
its Subsidiary Bodies) UST 1794; Art.
including Representatives, 3, 4 UST 1796.
Advisers, and Technical Experts
of Delegations, or Immediate
Family; Dependents of Member of
a Force Entering in Accordance
with the Provisions of the NATO
Status-of-Forces Agreement or
in Accordance with the
Provisions of the ``Protocol on
the Status of International
Military Headquarters'';
Members of Such a Force if
Issued Visas.
NATO 3............. Official Clerical Staff Art. 14, 5 UST
Accompanying Representative of 1096.
Member State to NATO (including
any of its Subsidiary Bodies),
or Immediate Family.
NATO 4............. Official of NATO (Other Than Art. 18, 5 UST
Those Classifiable as NATO1), 1098.
or Immediate Family.
NATO 5............. Experts, Other Than NATO Art. 21, 5 UST
Officials Classifiable Under 1100.
NATO4, Employed in Missions on
Behalf of NATO, and their
Dependents.
NATO 6............. Member of a Civilian Component Art. 1, 4 UST
Accompanying a Force Entering 1794; Art. 3, 5
in Accordance with the UST 877.
Provisions of the NATO Status-
of-Forces Agreement; Member of
a Civilian Component Attached
to or Employed by an Allied
Headquarters Under the
``Protocol on the Status of
International Military
Headquarters'' Set Up Pursuant
to the North Atlantic Treaty;
and their Dependents.
NATO 7............. Attendant, Servant, or Personal Arts. 12-20, 5
Employee of NATO1, NATO2, UST 1094-1098.
NATO3, NATO4, NATO5, and NATO6
Classes, or Immediate Family.
O1................. Alien with Extraordinary Ability 101(a)(15)(O)(i).
in Sciences, Arts, Education,
Business or Athletics.
O2................. Alien Accompanying and Assisting 101(a)(15)(O)(ii
in the Artistic or Athletic ).
Performance by O1.
O3................. Spouse or Child of O1 or O2..... 101(a)(15)(O)(iii
).
P1................. Internationally Recognized 101(a)(15)(P)(i).
Athlete or Member of
Internationally Recognized
Entertainment Group.
P2................. Artist or Entertainer in a 101(a)(15)(P)(ii)
Reciprocal Exchange Program. .
P3................. Artist or Entertainer in a 101(a)(15)(P)(iii
Culturally Unique Program. ).
P4................. Spouse or Child of P1, P2, or P3 101(a)(15)(P)(iv)
.
Q1................. Participant in an International 101(a)(15)(Q)(i).
Cultural Exchange Program.
Q2................. Irish Peace Process Program 101(a)(15)(Q)(ii)
Participant. (I).
Q3................. Spouse or Child of Q2........... 101(a)(15)(Q)(ii)
(II).
R1................. Alien in a Religious Occupation. 101(a)(15)(R).
R2................. Spouse or Child of R1........... 101(a)(15)(R).
S5................. Certain Aliens Supplying 101(a)(15)(S)(i).
Critical Information Relating
to a Criminal Organization or
Enterprise.
S6................. Certain Aliens Supplying 101(a)(15)(S)(ii)
Critical Information Relating .
to Terrorism.
S7................. Qualified Family Member of S5 or 101(a)(15)(S).
S6.
T1................. Victim of a Severe Form of 101(a)(15)(T)(i).
Trafficking in Persons.
T2................. Spouse of T1.................... 101(a)(15)(T)(ii)
.
T3................. Child of T1..................... 101(a)(15)(T)(ii)
.
[[Page 14931]]
T4................. Parent of T1 Under 21 Years of 101(a)(15)(T)(ii)
Age. .
T5................. Unmarried Sibling Under Age 18 101(a)(15)(T)(ii)
of T1 Under 21 Years of Age. .
TN................. NAFTA Professional.............. 214(e)(2).
TD................. Spouse or Child of NAFTA 214(e)(2).
Professional.
U1................. Victim of Criminal Activity..... 101(a)(15)(U)(i).
U2................. Spouse of U1.................... 101(a)(15)(U)(ii)
.
U3................. Child of U1..................... 101(a)(15)(U)(ii)
.
U4................. Parent of U1 Under 21 Years of 101(a)(15)(U)(ii)
Age. .
U5................. Unmarried Sibling Under Age 18 101(a)(15)(U)(ii)
of U1 Under 21 Years of Age. .
V1................. Spouse of a Lawful Permanent 101(a)(15)(V)(i)
Resident Alien Awaiting or
Availability of Immigrant Visa. 101(a)(15)(V)(ii
).
V2................. Child of a Lawful Permanent 101(a)(15)(V)(i)
Resident Alien Awaiting or
Availability of Immigrant Visa. 101(a)(15)(V)(ii
).
V3................. Child of a V1 or V2............. 203(d) &
101(a)(15)(V)(i)
or
101(a)(15)(V)(ii
).
------------------------------------------------------------------------
PART 42--[AMENDED]
0
1. The authority citation for part 42 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 107-56, sec. 421.
0
2. Revise Sec. 42.11 to read as follows:
Sec. 42.11 Classification symbols.
A visa issued to an immigrant alien within one of the classes
described below shall bear an appropriate visa symbol to show the
classification of the alien.
Immigrants
------------------------------------------------------------------------
Symbol Class Section of law
------------------------------------------------------------------------
Immediate Relatives
------------------------------------------------------------------------
IR1................ Spouse of U.S. Citizen..... 201(b).
IR2................ Child of U.S. Citizen...... 201(b).
IR3................ Orphan Adopted Abroad by 201(b) & 101(b)(1)(F).
U.S. Citizen.
IH3................ Child from Hague Convention 201(b) & 101(b)(1)(G).
Country Adopted Abroad by
U.S. Citizen.
IR4................ Orphan to be Adopted in 201(b) & 101(b)(1)(F).
U.S. by U.S. Citizen.
IH4................ Child from Hague Convention 201(b) & 101(b)(1)(G).
Country to be Adopted in
U.S. by U.S. Citizen.
IR5................ Parent of U.S. Citizen at 201(b).
Least 21 Years of Age.
CR1................ Spouse of U.S. Citizen 201(b) & 216.
(Conditional Status).
CR2................ Child of U.S. Citizen 201(b) & 216.
(Conditional Status).
IW1................ Certain Spouses of Deceased 201(b).
U.S. Citizens.
IW2................ Child of IW1............... 201(b).
IB1................ Self-petition Spouse of 204(a)(1)(A)(iii).
U.S. Citizen.
IB2................ Self-petition Child of U.S. 204(a)(1)(A)(iv).
Citizen.
IB3................ Child of IB1............... 204(a)(1)(A)(iii).
VI5................ Parent of U.S. Citizen Who 201(b) & sec. 2 of the
Acquired Permanent Virgin Islands
Resident Status Under the Nonimmigrant Alien
Virgin Islands Adjustment Act, (Pub.
Nonimmigrant Alien L. 97-271).
Adjustment Act.
------------------------------------------------------------------------
Vietnam Amerasian Immigrants
------------------------------------------------------------------------
AM1................ Vietnam Amerasian Principal 584(b)(1)(A) of the
Foreign Operations,
Export Financing, and
Related Programs
Appropriations Act,
1988 (as contained in
section 101(e) of
Pub. L. 100-102) as
amended.
AM2................ Spouse or Child of AM1..... 584(b)(1)(A) and
584(b)(1)(B) of the
Foreign Operations,
Export Financing, and
Related Programs
Appropriations Act,
1988 (as contained in
section 101(e) of
Pub. L. 100-102) as
amended.
AM3................ Natural Mother of AM1 (and 584(b)(1)(A) and
Spouse or Child of Such 584(b)(1)(C) of the
Mother) or Person Who has Foreign Operations,
Acted in Effect as the Export Financing, and
Mother, Father, or Next-of- Related Programs
Kin of AM1 (and Spouse or Appropriations Act,
Child of Such Person). 1988 (as contained in
section 101(e) of
Pub. L. 100-102) as
amended.
------------------------------------------------------------------------
Special Immigrants
------------------------------------------------------------------------
SB1................ Returning Resident......... 101(a)(27)(A).
SC1................ Person Who Lost U.S. 101(a)(27)(B) &
Citizenship by Marriage. 324(a).
SC2................ Person Who Lost U.S. 101(a)(27)(B) & 327.
Citizenship by Serving in
Foreign Armed Forces.
SI1................ Certain Aliens Employed by Section 1059 of Pub.
the U.S. Government in L. 109-163 as amended
Iraq or Afghanistan as by Pub. L. 110-36.
Translators or
Interpreters.
SI2................ Spouse of SI1.............. Section 1059 of Pub.
L. 109-163 as amended
by Pub. L. 110-36.
[[Page 14932]]
SI3................ Child of SI1............... Section 1059 of Pub.
L. 109-163 as amended
by Pub. L. 110-36.
SM1................ Alien Recruited Outside the 101(a)(27)(K).
United States Who Has
Served or is Enlisted to
Serve in the U.S. Armed
Forces for 12 Years.
SM2................ Spouse of SM1.............. 101(a)(27)(K).
SM3................ Child of SM1............... 101(a)(27)(K).
SQ1................ Certain Iraqis Employed by Section 1244 of Public
or on Behalf of the U.S. Law 110-181.
Government.
SQ2................ Spouse of SQ1.............. Section 1244 of Public
Law 110-181.
SQ3................ Child of SQ1............... Section 1244 of Public
Law 110-181.
------------------------------------------------------------------------
Family-Sponsored Preferences
Family 1st Preference
------------------------------------------------------------------------
F11................ Unmarried Son or Daughter 203(a)(1).
of U.S. Citizen.
F12................ Child of F11............... 203(d) & 203(a)(1).
B11................ Self-petition Unmarried Son 204(a)(1)(A)(iv) &
or Daughter of U.S. 203(a)(1).
Citizen.
B12................ Child of B11............... 203(d),
204(a)(1)(A)(iv) &
203(a)(1).
------------------------------------------------------------------------
Family 2nd Preference (Subject to Country Limitations)
------------------------------------------------------------------------
F21................ Spouse of Lawful Permanent 203(a)(2)(A).
Resident.
F22................ Child of Lawful Permanent 203(a)(2)(A).
Resident.
F23................ Child of F21 or F22........ 203(d) & 203(a)(2)(A).
F24................ Unmarried Son or Daughter 203(a)(2)(B).
of Lawful Permanent
Resident.
F25................ Child of F24............... 203(d) & 203(a)(2)(B).
C21................ Spouse of Lawful Permanent 203(a)(2)(A) & 216.
Resident (Conditional).
C22................ Child of Alien Resident 203(a)(2)(A) & 216.
(Conditional).
C23................ Child of C21 or C22 203(d) & 203(a)(2)(A)
(Conditional). & 216.
C24................ Unmarried Son or Daughter 203(a)(2)(B) & 216.
of Lawful Permanent
Resident (Conditional).
C25................ Child of F24 (Conditional). 203(d) & 203(a)(2)(B)
& 216.
B21................ Self-petition Spouse of 204(a)(1)(B)(ii).
Lawful Permanent Resident.
B22................ Self-petition Child of 204(a)(1)(B)(iii).
Lawful Permanent Resident.
B23................ Child of B21 or B22........ 203(d) &
204(a)(1)(B)(ii).
B24................ Self-petition Unmarried Son 204(a)(1)(B)(iii).
or Daughter of Lawful
Permanent Resident.
B25................ Child of B24............... 203(d) &
204(a)(1)(B)(iii).
------------------------------------------------------------------------
Family 2nd Preference (Exempt from Country Limitations)
------------------------------------------------------------------------
FX1................ Spouse of Lawful Permanent 202(a)(4)(A) &
Resident. 203(a)(2)(A).
FX2................ Child of Lawful Permanent 202(a)(4)(A) &
Resident. 203(a)(2)(A).
FX3................ Child of FX1 or FX2........ 202(a)(4)(A) &
203(a)(2)(A) &
203(d).
CX1................ Spouse of Lawful Permanent 202(a)(4)(A) &
Resident (Conditional). 203(a)(2)(A) & 216.
CX2................ Child of Lawful Permanent 202(a)(4)(A) &
Resident (Conditional). 203(a)(2)(A) & 216.
CX3................ Child of CX1 or CX2 202(a)(4)(A) &
(Conditional). 203(a)(2)(A) & 203(d)
& 216.
BX1................ Self-petition Spouse of 204(a)(1)(B)(ii).
Lawful Permanent Resident.
BX2................ Self-petition Child of 204(a)(1)(B)(iii).
Lawful Permanent Resident.
BX3................ Child of BX1 or BX2........ 204(a)(1)(B)(ii) &
203(d).
------------------------------------------------------------------------
Family 3rd Preference
------------------------------------------------------------------------
F31................ Married Son or Daughter of 203(a)(3).
U.S. Citizen.
F32................ Spouse of F31.............. 203(d) & 203(a)(3).
F33................ Child of F31............... 203(d) & 203(a)(3).
C31................ Married Son or Daughter of 203(a)(3) & 216.
U.S. Citizen (Conditional).
C32................ Spouse of C31 (Conditional) 203(d) & 203(a)(3) &
216.
C33................ Child of C31 (Conditional). 203(d) & 203(a)(3) &
216.
B31................ Self-petition Married Son 204(a)(1)(A)(iv) &
or Daughter of U.S. 203(a)(3).
Citizen.
B32................ Spouse of B31.............. 203(d),
204(a)(1)(A)(iv) &
203(a)(3).
B33................ Child of B31............... 203(d),
204(a)(1)(A)(iv) &
203(a)(3).
------------------------------------------------------------------------
Family 4th Preference
------------------------------------------------------------------------
F41................ Brother or Sister of U.S. 203(a)(4).
Citizen at Least 21 Years
of Age.
F42................ Spouse of F41.............. 203(d) & 203(a)(4).
F43................ Child of F41............... 203(d) & 203(a)(4).
------------------------------------------------------------------------
Employment-Based Preferences
Employment 1st Preference (Priority Workers)
------------------------------------------------------------------------
E11................ Alien with Extraordinary 203(b)(1)(A).
Ability.
E12................ Outstanding Professor or 203(b)(1)(B).
Researcher.
E13................ Multinational Executive or 203(b)(1)(C).
Manager.
E14................ Spouse of E11, E12, or E13. 203(d) & 203(b)(1)(A)
& 203(b)(1)(B) &
203(b)(1)(C).
[[Page 14933]]
E15................ Child of E11, E12, or E13.. 203(d) & 203(b)(1)(A)
& 203(b)(1)(B) &
203(b)(1)(C).
------------------------------------------------------------------------
Employment 2nd Preference (Professionals Holding Advanced Degrees or
Persons of Exceptional Ability)
------------------------------------------------------------------------
E21................ Professional Holding 203(b)(2).
Advanced Degree or Alien
of Exceptional Ability.
E22................ Spouse of E21.............. 203(d) & 203(b)(2).
E23................ Child of E21............... 203(d) & 203(b)(2).
------------------------------------------------------------------------
Employment 3rd Preference (Skilled Workers, Professionals, and Other
Workers)
------------------------------------------------------------------------
E31................ Skilled Worker............. 203(b)(3)(A)(i).
E32................ Professional Holding 203(b)(3)(A)(ii).
Baccalaureate Degree.
E34................ Spouse of E31 or E32....... 203(d) &
203(b)(3)(A)(i) &
203(b)(3)(A)(ii).
E35................ Child of E31 or E32........ 203(d) &
203(b)(3)(A)(i) &
203(b)(3)(A)(ii).
EW3................ Other Worker (Subgroup 203(b)(3)(A)(iii).
Numerical Limit).
EW4................ Spouse of EW3.............. 203(d) &
203(b)(3)(A)(iii).
EW5................ Child of EW3............... 203(d) &
203(b)(3)(A)(iii).
------------------------------------------------------------------------
Employment 4th Preference (Certain Special Immigrants)
------------------------------------------------------------------------
BC1................ Broadcaster in the U.S. 101(a)(27)(M) &
employed by the 203(b)(4).
International Broadcasting
Bureau of the Broadcasting
Board of Governors or a
grantee of such
organization.
BC2................ Accompanying spouse of BC1. 101(a)(27)(M) &
203(b)(4).
BC3................ Accompanying child of BC1.. 101(a)(27)(M) &
203(b)(4).
SD1................ Minister of Religion....... 101(a)(27)(C)(ii)(I) &
203(b)(4).
SD2................ Spouse of SD1.............. 101(a)(27)(C)(ii)(I) &
203(b)(4).
SD3................ Child of SD1............... 101(a)(27)(C)(ii)(I) &
203(b)(4).
SE1................ Certain Employees or Former 101(a)(27)(D) &
Employees of the U.S. 203(b)(4).
Government Abroad.
SE2................ Spouse of SE1.............. 101(a)(27)(D) &
203(b)(4).
SE3................ Child of SE1............... 101(a)(27)(D) &
203(b)(4).
SF1................ Certain Former Employees of 101(a)(27)(E) &
the Panama Canal Company 203(b)(4).
or Canal Zone Government.
SF2................ Spouse or Child of SF1..... 101(a)(27)(E) &
203(b)(4).
SG1................ Certain Former Employees of 101(a)(27)(F) &
the U.S. Government in the 203(b)(4).
Panama Canal Zone.
SG2................ Spouse or Child of SG1..... 101(a)(27)(F) &
203(b)(4).
SH1................ Certain Former Employees of 101(a)(27)(G) &
the Panama Canal Company 203(b)(4).
or Canal Zone Government
on April 1, 1979.
SH2................ Spouse or Child of SH1..... 101(a)(27)(G) &
203(b)(4).
SJ1................ Certain Foreign Medical 101(a)(27)(H).
Graduates (Adjustments
Only).
SJ2................ Accompanying Spouse or 101(a)(27)(H) &
Child of SJ1. 203(b)(4).
SK1................ Certain Retired 101(a)(27)(I)(iii) &
International Organization 203(b)(4).
employees.
SK2................ Spouse of SK1.............. 101(a)(27)(I)(iv) &
203(b)(4).
SK3................ Certain Unmarried Sons or 101(a)(27)(I)(i) &
Daughters of an 203(b)(4).
International Organization
Employee.
SK4................ Certain Surviving Spouses 101(a)(27)(I)(ii) &
of a deceased 203(b)(4).
International Organization
Employee.
SL1................ Juvenile Court Dependent 101(a)(27)(J) &
(Adjustment Only). 203(b)(4).
SN1................ Certain retired NATO6 101(a)(27)(L) &
civilians. 203(b)(4).
SN2................ Spouse of SN1.............. 101(a)(27)(L) &
203(b)(4).
SN3................ Certain unmarried sons or 101(a)(27)(L) &
daughters of NATO6 203(b)(4).
civilian employees.
SN4................ Certain surviving spouses 101(a)(27)(L) &
of deceased NATO6 civilian 203(b)(4).
employees.
SP................. Alien Beneficiary of a Section 421 of Public
petition or labor Law 107-56.
certification application
filed prior to September
11, 2001, if the petition
or application was
rendered void due to a
terrorist act of September
11, 2001. Spouse, child of
such alien, or the
grandparent of a child
orphaned by a terrorist
act of September 11, 2001.
SR1................ Certain Religious Workers.. 101(a)(27)(C)(ii)(II)
& (III) as amended, &
203(b)(4).
SR2................ Spouse of SR1.............. 101(a)(27)(C)(ii)(II)
& (III) as amended, &
203(b)(4).
SR3................ Child of SR1............... 101(a)(27)(C)(ii)(II)
& (III) as amended, &
203(b)(4).
------------------------------------------------------------------------
Employment 5th Preference (Employment Creation Conditional Status)
------------------------------------------------------------------------
C51................ Employment Creation OUTSIDE 203(b)(5)(A).
Targeted Areas.
C52................ Spouse of C51.............. 203(d) & 203(b)(5)(A).
C53................ Child of C51............... 203(d) & 203(b)(5)(A).
T51................ Employment Creation IN 203(b)(5)(B).
Targeted Rural/High
Unemployment Area.
T52................ Spouse of T51.............. 203(d) & 203(b)(5)(B).
T53................ Child of T51............... 203(d) & 203(b)(5)(B).
R51................ Investor Pilot Program, Not 203(b)(5) & Sec. 610
in Targeted Area. of the Departments of
Commerce, Justice,
and State, the
Judiciary and Related
Agencies
Appropriations Act,
1993 (Pub. L. 102-
395), as amended.
[[Page 14934]]
R52................ Spouse of R51.............. 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice,
and State, the
Judiciary and Related
Agencies
Appropriations Act,
1993 (Pub. L. 102-
395), as amended.
R53................ Child of R51............... 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice,
and State, the
Judiciary and Related
Agencies
Appropriations Act,
1993 (Pub. L. 102-
395), as amended.
I51................ Investor Pilot Program, in 203(b)(5) & Sec. 610
Targeted Area. of the Departments of
Commerce, Justice,
and State, the
Judiciary and Related
Agencies
Appropriations Act,
1993 (Pub. L. 102-
395), as amended.
I52................ Spouse of I51.............. 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice,
and State, the
Judiciary and Related
Agencies
Appropriations Act,
1993 (Pub. L. 102-
395), as amended.
I53................ Child of I51............... 203(d) & 203(b)(5) &
Sec. 610 of the
Departments of
Commerce, Justice,
and State, the
Judiciary and Related
Agencies
Appropriations Act,
1993 (Pub. L. 102-
395), as amended.
------------------------------------------------------------------------
Other Numerically Limited Categories
Diversity Immigrants
------------------------------------------------------------------------
DV1................ Diversity Immigrant........ 203(c).
DV2................ Spouse of DV1.............. 203(d) & 203(c).
DV3................ Child of DV1............... 203(d) & 203(c).
------------------------------------------------------------------------
Dated: March 3, 2008.
Stephen A. Edson,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E8-5413 Filed 3-19-08; 8:45 am]
BILLING CODE 4710-06-P
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