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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[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]                         

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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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