U.S. Immigration Policy on Temporary Admissions

^Pr^ep^ar^{ed f}^o^r^M^e^m^b^ers^an^d^Com^mⁱ^t^t^ees^of^C^ong^r^e^ss

U.S. law provides for the temporary admission of various categories of foreign nationals, who are
known as nonimmigrants. Nonimmigrants are admitted for a designated period of time and a
specific purpose. They include a wide range of visitors, including tourists, foreign students,
diplomats, and temporary workers. There are 24 major nonimmigrant visa categories, and 87
specific types of nonimmigrant visas issued. These visa categories are commonly referred to by
the letter and numeral that denotes their subsection in the Immigration and Nationality Act (INA);
for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional
workers, J-1 cultural exchange participants, or S-4 terrorist informants.
Interest in nonimmigrant visas soared immediately following the September 11, 2001 terrorist
attacks, which were conducted by foreign nationals apparently admitted to the United States on
legal visas. Since that time, policy makers have raised a series of questions about aliens in the
United States and the extent that the federal government monitors their admission and presence in
this country. Some visa categories are the focus of legislative activity (e.g., guest workers).
The U.S. Department of State (DOS) consular officer, at the time of application for a visa, as well
as the Department of Homeland Security (DHS) immigration inspectors, at the time of application
for admission, must be satisfied that the alien is entitled to nonimmigrant status. The burden of
proof is on the applicant to establish eligibility for nonimmigrant status and the type of
nonimmigrant visa for which the application is made. Both DOS consular officers (when the alien
is petitioning abroad) and DHS inspectors (when the alien is entering the United States) must
confirm that the alien is not ineligible for a visa under the so-called “grounds for inadmissibility”
of the INA, which include criminal, terrorist, and public health grounds for exclusion.
Nonimmigrant visas issued abroad dipped to 5.0 million in FY2004 after peaking at 7.6 million in
FY2001. In FY2008, 6.6 million nonimmigrant visas were issued. Over the past 12 years, DOS
has typically issued around 6 million nonimmigrant visas annually. The growth in visa issuance in
the late 1990s has been largely attributable to the issuances of border crossing cards to residents
of Mexico and the issuances of temporary worker visas. Combined, visitor visas issued for
tourism and business comprised the largest group of nonimmigrants in FY2008, with about 4.7
million, down from 5.7 million in FY2000. Other notable categories were students and exchange
visitors (11.6%) and temporary workers (9.9%).
The law and regulations set terms for nonimmigrant lengths of stay in the United States, typically
have foreign residency requirements, and often limit what aliens are permitted to do in the United
States (e.g., gain employment or enroll in school), but many observers assert that the policies are
not uniformly or rigorously enforced. Achieving an optimal balance among major policy
priorities, such as ensuring national security, facilitating trade and commerce, protecting public
health and safety, and fostering international cooperation, remains a challenge.

Overvi ew ....................................................................................................................... .................. 1
Introduc tion ............................................................................................................................... 1
Broad Categories of Nonimmigrants.........................................................................................2
Diplomats and Other International Representatives...........................................................2
Visitors as Business Travelers and Tourists........................................................................2
Multinational Corporate Executives and International Investors........................................3
Temporary Workers.............................................................................................................3
Cultural Exchange...............................................................................................................3
Foreign Students.................................................................................................................3
Family-Related ................................................................................................................. ... 3
Law Enforcement-Related..................................................................................................4
Aliens in Transit and Crew Members.................................................................................4
Exclusion and Removal.............................................................................................................4
Inad mi ssi bility .................................................................................................................... 4
Termination of Status..........................................................................................................5
Periods of Admission................................................................................................................5
Length of Stay.....................................................................................................................5
Duration of Visa..................................................................................................................5
Employment Authorization.......................................................................................................5
Permission to Work.............................................................................................................5
Labor Market Tests.............................................................................................................6
Statistical Trends.............................................................................................................................6
Nonimmigrants by Region........................................................................................................6
Temporary Visas Issued......................................................................................................6
Temporary Admissions.......................................................................................................8
Temporary Visitors by Category..............................................................................................11
Temporary Admissions......................................................................................................11
Temporary Visas Issued....................................................................................................14
Current Issues................................................................................................................................17
Temporary Workers.................................................................................................................18
Temporary Skilled and Professional Workers...................................................................18
Guest Workers...................................................................................................................18
Foreign Medical Graduates.....................................................................................................18
Foreign Investors.....................................................................................................................19
Foreign Students......................................................................................................................19
Enforcing Current Law..................................................................................................................20
Figure 1. Nonimmigrant Visas Issued by Region, FY2008.............................................................7
Figure 2. Nonimmigrant Visas Issued by Region, FY1998-FY2008..............................................8
Figure 3. Nonimmigrant Admissions by Region, FY2007..............................................................9
Figure 4. Nonimmigrant Admissions by Region, FY1998-FY2007..............................................10

Figure 5. Nonimmigrant Admissions by Category, FY2007..........................................................12
Figure 6. Admissions of Nonimmigrants Other Than Visitors, FY1998-FY2007.........................13
Figure 7. Admissions of Nonimmigrant Visitors, FY1998-FY2007..............................................14
Figure 8. Nonimmigrant Visas Issued by Category, FY2008........................................................15
Figure 9. Visas Issued to Nonimmigrants Other Than Visitors, FY2002-FY2008........................16
Figure 10. Visas Issued to Nonimmigrant Visitors, FY2002-FY2008..........................................17
Table 1. Periods of Stay and Foreign Residency Requirements for Nonimmigrant Visas............21
Table 2. Employment Authorization, Numerical Limits, and FY2006 Issuances for
Nonimmigrant Visas...................................................................................................................25
Author Contact Information..........................................................................................................31

U.S. law provides for the temporary admission of various categories of foreign nationals, who are
known as nonimmigrants. Nonimmigrants are admitted for a designated period of time and a
specific purpose. Nonimmigrants include a wide range of people, such as tourists, foreign
students, diplomats, temporary agricultural workers, exchange visitors, internationally-known
entertainers, foreign media representatives, intracompany business personnel, and crew members
on foreign vessels.
Legislative activity usually focuses on specific visa categories, and legislative revisions to
temporary visa categories have usually occurred incrementally. Interest in nonimmigrant visas as
a group, however, soared immediately following the September 11, 2001 terrorist attacks, which
were conducted by foreign nationals admitted to the United States on temporary visas. Since that
time, policy makers have raised a series of questions about aliens in the United States and the
extent that the federal government monitors their admission and presence in this country. The
Enhanced Border Security and Visa Entry Reform Act (P.L. 107-173), provisions in the
Homeland Security Act (P.L. 107-296), and provisions in the Intelligence Reform and Terrorism
Prevention Act of 2004 (P.L. 108-458) are examples of broad reforms of immigration law to
tighten procedures and oversight of aliens temporarily admitted to the United States.
Foreign nationals may be admitted to the United States temporarily or may come to live ¹
permanently. Those admitted on a permanent basis are known as immigrants or legal permanent
residents (LPRs), while those admitted on a temporary basis are known as nonimmigrants. Aliens
who are in the United States without authorization (i.e., illegal aliens) are not discussed in this
report.
U.S. immigration policy, embodied in the Immigration and Nationality Act (INA), presumes that ²
all aliens seeking admission to the United States are coming to live permanently. As a result,
nonimmigrants must demonstrate that they are coming for a temporary period and for a specific
purpose. The U.S. Department of State (DOS) consular officer, at the time of application for a
visa, as well as the Department of Homeland Security (DHS) immigration inspectors, at the time ³
of application for admission, must be satisfied that the alien is entitled to a nonimmigrant status.
The burden of proof is on the applicant to establish eligibility for nonimmigrant status and the
type of nonimmigrant visa for which the application is made. The law exempts only the H-1
workers, L intracompany transfers, and V family members from the requirement that they prove ⁴
that they are not coming to live permanently.

¹^For^ba^c^k^g^r^{ound a}^{nd a}ⁿ^a^l^y^s^is^of^vis^a^is^s^u^aⁿ^c^e^polic^y^,^s^e^e^C^R^S^R^e^por^{t R}^L³¹⁵¹^2,^Vⁱ^s^a^Issuaⁿ^{ces: P}^o^lⁱ^cy,^Issu^es,^aⁿ^d
^Le^gis^l^ati^oⁿ^{, by}^Ruth^Elleⁿ^W^a^se^m^.
²^§2¹⁴⁽^b)^of^I^N^A^.
³²²^C^F^R^§4^1.¹¹⁽^a⁾^.
⁴^§2¹⁴⁽^b)^of^I^N^A^.^N^onim^m^ig^r^a^{nt v}ⁱ^s^a^s^a^r^e^c^o^m^m^onl^y^r^e^f^e^r^r^e^{d to b}^y^the^le^tte^r^a^{nd num}^e^r^a^l^tha^t^deⁿ^o^t^e^s^theⁱ^r^s^u^bs^e^c^tion
^{in §}¹⁰¹⁽^a⁾⁽¹⁵⁾^{. H}^e^nc^e^,^t^h^e^prⁱⁿ^cⁱ^pa^{l v}ⁱ^s^a^hol^de^r^f^o^r^v^o^c^a^tiona^{l s}^t^ud^eⁿ^{t c}^a^t^e^g^or^y^a^s^pr^ov^ide^d^f^o^rⁱⁿ^§¹⁰¹⁽^a⁾⁽¹⁵⁾⁽^M⁾⁽ⁱ⁾
^w^{ould be}^kⁿ^o^wⁿ^a^s^aⁿ^“^M^-¹^,”^w^h^ile^a^s^p^o^u^s^e^or^de^pe^nde^nt^of^the^p^r^incⁱ^pa^{l a}^s^pr^ov^ide^d^f^o^r^un^de^r^§¹⁰¹⁽^a⁾⁽¹⁵⁾⁽ⁱⁱ⁾^w^ould
^b^e^kn^o^wⁿ^{as an}^“M^-2,^”^et^c.

This report begins with a synthesis of the nonimmigrant categories according to the purpose of
the visa. It discusses the periods of admission and length of stay and then summarizes grounds for
inadmissibility and removal as well as reasons for termination of status. It describes the
circumstances under which nonimmigrants may work in the United States and follows with an
analysis of nonimmigrant admissions. The report concludes with a discussion of issues, followed
by two detailed tables analyzing key admissions requirements across all nonimmigrant visa types.
There are 24 major nonimmigrant visa categories, and 87 specific types of nonimmigrant visas ⁵
issued currently. Most of these nonimmigrant visa categories are defined in §101(a)(15) of INA.
These temporary visas may be grouped under the broad labels described below.
Ambassadors, consuls, and other official representatives of foreign governments (and their
immediate family and servants) enter the United States on A visas. Official representatives of
international organizations (and their immediate family and servants) are admitted on G visas.
Those nonimmigrants entering under the auspices of the North Atlantic Treaty Organization
(NATO) have their own visa categories. Aliens who work for foreign media use the I visa.
B-1 nonimmigrants are visitors for business and are required to be seeking admission for
activities other than purely local employment or hire. The difference between a business visitor
and a temporary worker also depends on the source of the alien’s salary. To be classified as a
visitor for business, an alien must receive his or her salary from abroad and must not receive any
remuneration from a U.S. source other than an expense allowance and reimbursement for other
expenses incidental to temporary stay.
The B-2 visa is granted for temporary visitors for “pleasure,” otherwise known as tourists.
Tourists, who are encouraged to visit as a boon to the U.S. economy, have consistently been the
largest nonimmigrant class of admission to the United States. A B-2 nonimmigrant may not
engage in any employment in the United States.
Many visitors, however, enter the United States without nonimmigrant visas through the Visa
Waiver Program. This provision of the INA allows the Attorney General to waive the visa
documentary requirements for aliens coming as visitors from 28 countries (e.g., Australia, France, ⁶
Germany, Italy, Japan, New Zealand, Switzerland, and the United Kingdom).

⁵^L^a^w^{on no}^nim^m^ig^r^a^nts^da^te^s^ba^c^k^{to the}^I^m^mⁱ^g^r^a^{tion A}^c^{t of}¹⁸¹⁹^.^Aⁿ^im^mⁱ^g^r^a^{tion la}^w^eⁿ^a^c^t^e^d^{in 1}⁹²⁴^de^fⁱ^ne^d
^s^e^v^e^r^a^{l c}^l^a^s^s^e^s^o^f^nonim^mⁱ^g^r^aⁿ^{t a}^d^mⁱ^s^sⁱ^{on. T}^h^e^dis^p^a^r^a^t^e^s^e^rie^s^of^im^mⁱ^g^r^a^{tion a}^nd^na^tio^na^lity^la^w^s^w^e^r^e^c^odifⁱ^e^d^into
^the^I^N^A^{in 19}⁵²^{. Ma}^j^o^r^la^w^s^am^endi^ng^the^I^N^A^a^r^e^the^I^m^mⁱ^g^r^a^{tion A}^m^e^ndm^eⁿ^ts^of¹⁹⁶^{5, t}^h^e^R^e^f^u^g^e^e^A^c^{t of}^1980,
^the^I^m^mⁱ^g^r^a^{tion R}^e^f^o^r^m^a^{nd C}^oⁿ^t^r^o^{l A}^c^{t of}¹⁹⁸^{6, t}^h^e^I^m^mⁱ^g^r^a^{tion A}^c^{t o}^f¹⁹⁹^{0, a}ⁿ^{d t}^h^e^I^lle^g^a^{l I}^m^mⁱ^g^r^a^{tion R}^e^f^o^r^m
^a^{nd I}^m^mⁱ^g^r^aⁿ^{t R}^e^s^pons^ibil^ity^A^c^t^of¹⁹^96.^T^h^e^ne^w^e^s^t^f^a^mⁱ^l^y^-^r^e^la^t^e^{d no}^nim^m^ig^r^a^{nt v}ⁱ^s^a^—^k^now^{n a}^s^the^{V v}ⁱ^s^a^—^w^as
^f^o^lde^d^int^o^t^h^e^Dⁱ^s^t^rⁱ^c^t^of^C^o^lum^b^ia^FY²⁰^{01 a}^ppr^opr^ia^ti^ons^c^onf^e^r^eⁿ^c^e^a^g^r^e^em^eⁿ^{t (}^H^.R^{. 4}⁹⁴²^{, H}^.^R^e^p^t^{. 1}^06-¹⁰⁰⁵⁾^,
^w^h^ic^{h be}^c^a^m^e^P^.^L^.¹⁰^6-⁵⁵³^.
⁶^Se^e^C^R^S^R^e^por^{t R}^L³²²²¹^,^Vis^a^W^a^iv^e^r^Pr^ogr^am^,^by^A^lis^{on Sis}^kⁱⁿ^{, he}^r^e^a^f^te^r^c^ite^{d a}^s^V^is^a^W^a^iv^e^r^Ppr^ogr^am^.

Intracompany transferees who are executive, managerial, and have specialized knowledge and
who are continuing employment with an international firm or corporation are admitted on the L
visas. Aliens who are treaty traders enter as E-1 while those who are treaty investors use E-2 ⁷
visas.
The major nonimmigrant category for temporary workers is the H visa. Professional specialty
workers (H-1B), nurses (H-1C) agricultural workers (H-2A) and unskilled temporary workers (H-⁸
2B) are included. Persons with extraordinary ability in the sciences, arts, education, business, or
athletics are admitted on O visas, while internationally recognized athletes or members of an
internationally recognized entertainment group come on P visas. Aliens working in religious
vocations enter on R visas. Temporary professional workers from Canada and Mexico may enter
according to terms set by the North American Free Trade Agreement (NAFTA) on TN visas.
The broadest category for cultural exchange is the J visa. The J visa includes professors and
research scholars, students, foreign medical graduates, teachers, camp counselors and au pairs
who are participating in an approved exchange visitor program. Participants in special
international cultural exchange programs from the former Soviet Union and Eastern bloc
countries enter on Q-1 visas. Q-2 visas are for Irish young adults from the border counties who
participate in approved cultural exchange programs.
The most common visa for foreign students is the F-1 visa. It is tailored for international students
pursuing a full-time academic education. Those students who wish to pursue a non-academic
(e.g., vocational) course of study apply for an M visa. Foreign students are just one of many types ⁹
of aliens who may enter the United States on a J-1 visa for cultural exchange.
Fiances and fiancees of U.S. citizens come in on K visas. The 106^th Congress added a transitional
nonimmigrant visa—the V visa—for immediate relatives (spouse and children) of LPRs who
have had petitions to also become LPRs pending for three years.

⁷^Se^e^C^R^S^R^e^por^{t R}^L³³⁸⁴⁴^,^F^o^reigⁿ^Iⁿ^vesto^{r Visa}^s:^Po^licies^aⁿ^d^Is^su^es^{, by}^C^h^a^d^C^.^H^a^dda^l^,^aⁿ^{d C}^R^{S R}^e^por^t
^R^L³²⁰³^0,^I^m^mⁱ^gr^ati^on^Polic^y^f^o^r^Iⁿ^tr^ac^om^pa^ny^Tr^aⁿ^s^f^e^r^s⁽^L^Vis^a⁾^:^I^s^s^u^e^s^an^{d Le}^gⁱ^s^l^ati^oⁿ^{, by}^Ruth^Elle^{n W}^a^se^m^.
⁸^Se^e^C^R^S^R^e^por^{t R}^L³⁰⁴⁹⁸^,^I^m^mⁱ^gr^ati^on:^Le^gis^l^ativ^e^I^s^s^u^e^s^on^N^o^nim^mⁱ^gr^aⁿ^{t Pr}^ofe^s^sⁱ^on^al^Spe^cⁱ^al^t^y⁽^H^-¹^B)^W^o^r^k^e^r^s^,
^h^e^reaf^t^e^{r ci}^t^e^d^as^I^m^mⁱ^gr^ation:^L^e^gis^l^ativ^e^I^s^s^u^e^s^oⁿ^N^o^nim^mⁱ^gr^an^{t Pr}^ofe^s^sⁱ^o^nal^Spe^cⁱ^alty⁽^H^-¹^B)^W^o^r^k^e^r^s^{, a}^{nd C}^R^S
^R^e^por^{t R}^L³²⁰⁴^4,^I^m^mⁱ^gr^ati^on:^P^o^lic^y^C^onsⁱ^d^e^r^ati^ons^Re^l^a^te^d^{to G}^u^e^s^{t W}^o^r^k^e^r^Pr^ogr^am^s^{, by}^A^ndor^r^a^B^r^uno^,
^h^e^reaf^t^e^{r ci}^t^e^d^as^I^m^mⁱ^gr^ation:^P^o^lic^y^C^onsⁱ^d^e^r^ati^ons^Re^l^a^te^d^{to G}^u^e^s^{t W}^o^r^k^e^r^Pr^ogr^am^s^.
⁹^For^f^u^r^t^he^r^dis^c^us^sⁱ^oⁿ^aⁿ^{d a}ⁿ^a^l^y^s^is^{, s}^e^e^C^R^S^R^e^por^t^R^L³¹¹^46,^For^e^ign^Stu^d^eⁿ^tsⁱⁿ^t^h^e^Uⁿ^ite^{d St}^ate^s^:^Polic^ie^s^aⁿ^d
^Le^gis^l^ati^oⁿ^{, by}^C^h^a^d^C^.^H^a^dda^l,^he^r^e^a^f^te^r^c^ite^{d a}^s^For^e^{ign St}^ude^nt^s^{in t}^h^e^Uⁿ^ite^d^St^ate^s^:^Po^lic^ie^s^an^{d Le}^gis^l^ati^oⁿ^.

The law enforcement-related visas are among the most recently created. The S visa is used by ¹⁰
informants in criminal and terrorist investigations. Victims of human trafficking who participate
in the prosecution of those responsible may get a T visa. Victims of other criminal activities,
notably domestic abuse, who cooperate with the prosecution are eligible for the U visa.
Two miscellaneous nonimmigrant categories are some of the earliest nonimmigrant categories
enacted. The C visa is for aliens traveling through the United States en route to another
destination, and the D visa is for alien crew members on vessels or aircraft.
Both DOS consular officers (when the alien is petitioning abroad) and DHS inspectors (when the
alien is entering the United States) must confirm that the alien is not ineligible for a visa under the ¹¹
so-called “grounds for inadmissibility” of the INA. These criteria categories are:
• health-related grounds;
• criminal history;
• security and terrorist concerns;
• public charge (e.g., indigence);
• seeking to work without proper labor certification;
• illegal entrants and immigration law violations;
• lacking proper documents;
• ineligible for citizenship; and
• aliens previously removed.¹²
The law provides waiver authority of these grounds (except for most of the security and terrorist-¹³
related grounds) for nonimmigrants on a case-by-case basis.

¹⁰^For^m^o^r^e^inf^o^r^m^a^{tion, s}^e^e^C^R^S^R^e^por^{t R}^S²¹⁰⁴^3,^Immi^g^r^a^tⁱ^oⁿ^:^S^Visa^{s fo}^{r Crimi}ⁿ^{al an}^{d T}^e^rro^{rist I}ⁿ^fo^rman^ts^{, by}
^Kar^m^{a Ester.}
¹¹^§2¹²⁽^b)^of^I^N^A^.
¹²^F^o^{r a f}^u^l^l^e^{r an}^al^y^sⁱ^s^,^{see CRS}^Rep^o^r^t^RL³²⁴⁸⁰^,^I^m^mⁱ^gr^at^io^{n C}^o^ns^e^que^nc^e^s^{of C}^r^imⁱ^nal^Ac^tiv^ity^,^by^Y^u^le^Kⁱ^m^a^nd
^Mic^h^a^e^l^J^o^hⁿ^G^a^r^c^ia^{; a}^{nd C}^R^S^R^e^por^{t R}^L³²⁵⁶^4,^I^m^mⁱ^gr^ati^on:^Te^r^r^o^rⁱ^s^t^G^r^ou^nds^f^o^r^Ex^c^l^usⁱ^on^an^d^Re^m^o^v^a^{l of}
^Alie^ns^,^by^Mic^h^a^e^l^J^{ohn G}^a^r^c^ia^{and R}^u^th^Elleⁿ^W^a^s^e^m^.
¹³^§²¹²⁽^d⁾⁽³⁾^an^d⁽⁴⁾^o^f^INA^.

Consistent with the grounds of inadmissibility, the legal status of a nonimmigrant in the United
States may be terminated based upon the nonimmigrant’s behavior in the United States.
Specifically, the regulations list national security, public safety and diplomatic reasons for
termination. If a nonimmigrant who is not authorized to work does so, that employment
constitutes a failure to maintain a lawful status. A crime of violence that has a sentence of more ¹⁴
than one year also terminates nonimmigrant status.
Congress has enacted amendments and the executive branch has promulgated regulations
governing areas such as the length and extensions of stay. For example, A-1 ambassadors are
allowed to remain in the United States for the duration of their service, F-1 students to complete
their studies, R-1 religious workers for up to three years, and D crew members for 29 days. Many
categories of nonimmigrants are required to have a residence in their home country that they
intend to return to as a stipulation of obtaining the visa. The law actually requires J-1 cultural
exchange visa holders to go home for two years prior to returning to the United States (with some
exceptions).
Separate from the length of stay authorized for the various nonimmigrant visas is the validity
period of the visa issued by DOS consular officers. These time periods are negotiated country-by-
country and category-by-category, generally reflecting reciprocal relationships for U.S. travelers
to these countries. For example, a B-1 and B-2 visitor visa from Germany is valid for 10 years
while B-1 and B-2 visas from Indonesia are valid for five years. The D crew member visa is valid
for five years for Egyptians, but only one year for Hungarians.
With the obvious exception of the nonimmigrants who are temporary workers or the executives of
multinational corporations, most nonimmigrants are not allowed to work in the United States.
Exceptions to this policy are noted in Table 2, which follows at the end of this report. As stated
above, working without authorization is a violation of law and results in loss of nonimmigrant
status.

¹⁴^§2^14.¹^of^{8 C}^F^R^.

The H-2 visas require that employers conduct an affirmative search for available U.S. workers
and that the U.S. Department of Labor (DOL) determine that admitting alien workers will not
adversely affect the wages and working conditions of similarly employed U.S. workers. Under
this process—known as labor certification—employers must apply to the DOL for certification
that unemployed domestic workers are not available and that there will not be an adverse effect
from the alien workers’ entry.
The labor market test required for H-1 workers, known as labor attestation, is less stringent than
labor certification. Any employer wishing to bring in an H-1B nonimmigrant must attest in an
application to the DOL that the employer will pay the nonimmigrant the greater of the actual
compensation paid to other employees in the same job or the prevailing compensation for that
occupation; the employer will provide working conditions for the nonimmigrant that do not cause
the working conditions of the other employees to be adversely affected; and, there is no strike or
lockout. Employers recruiting H-1C nurses must attest that their employment will not adversely
affect the wages and working conditions of similarly employed registered nurses; H-1C nurses
will be paid the wage rate paid by the facility to similarly employed U.S. registered nurses; the
facility is taking significant steps to recruit and retain sufficient U.S. registered nurses; and the ¹⁵
facility is abiding by specified anti-strike and layoff protections.

In the United States, data are collected on visa issuance and alien admission, both of which have
strengths and shortcomings. While the number of visas issued shows the potential number of
foreign nationals who may seek admission to the United States, alien admissions depict the actual
number of foreign nationals who were permitted entry into the United States. The admissions
data, however, simply enumerate port of entry inspections, thus counting frequent travelers
multiple times. The lack of an exit registration system in the United States makes an actual count ¹⁶
of out-migration impossible. Thus, the level of net migration of nonimmigrants (or the exact
number of nonimmigrants in the United States at a given time) is unknown. The subsequent
sections presents both admissions and issuance data for analysis of nonimmigrants by geographic
region and by category.
As Figure 1 shows, there was a larger percentage of visas issued to foreign nationals from Asia
than to any other region, accounting for 39.8% of the roughly 6.6 million nonimmigrant visas the

¹⁵^F^o^{r a m}^o^{re co}^m^p^l^e^t^e^an^al^y^sⁱ^s^,^se^{e CRS}^Rep^o^r^t^RL³³⁹⁷⁷^,^I^m^mⁱ^gr^a^tion^of^For^e^ig^{n W}^o^r^k^e^r^s^:^Lab^o^r^M^a^r^k^e^t^Te^s^t^s^and
^Pr^ote^c^tions^,^by^{Ruth E}^lle^{n W}^a^se^m^.
¹⁶^T^h^{e l}^a^w^a^c^t^u^al^l^y^req^uⁱ^{res t}^h^at^al^l^alⁱ^eⁿ^s^b^e^reco^rd^ed^int^o^t^h^e^eⁿ^try^-^e^x^{it s}^y^ste^m^{, but the}^c^u^rre^{nt sy}^ste^m^—US-V^I^SIT^—
^reco^rd^{s on}^l^y^en^t^r^yⁱⁿ^t^o^t^h^{e Un}ⁱ^t^e^{d S}^t^at^es.^F^o^r^b^ackgro^uⁿ^d^on^US-^V^ISIT^a^{nd the}^prov^isio^{ns re}^q^u^iriⁿ^g^e^x^{it da}^ta^{, se}^e^CRS
^R^e^por^{t R}^L³²²³^4,^U^.^{S. Vis}^itor^an^d^I^m^mⁱ^gr^aⁿ^{t Sta}^t^us^I^ndic^a^tor^Te^c^hno^lo^gy⁽^U^S-^VI^SI^T)^Pr^ogr^am^{, by}^Lⁱ^sa^{M. Se}^g^h^e^tti
^a^{nd Ste}^pheⁿ^R^.^Vi^na^{, he}^r^e^a^f^te^r^c^ite^{d a}^s^U^.^{S. V}ⁱ^s^itor^an^{d I}^m^mⁱ^gr^ant^Stat^us^Iⁿ^dic^a^t^o^r^Te^c^h^nol^ogy^Pr^og^r^a^m⁽^U^S-^VI^SI^T)^.

DOS issued in FY2008. North American nonimmigrants (which included nationals of countries in
Central America and the Caribbean) accounted for the next largest group of visa issuances at
21.3%, or approximately 1.4 million individuals. Europe and South America accounted for the
third and fourth largest groups with roughly 16.7% of the nonimmigrant visa issuances,
respectively. Africa tallied 4.7% of the visas, while visa issuances for Oceania accounted for 0.8%
of the total visa issuances in FY2008.
Figure 1. Nonimmigrant Visas Issued by Region, FY2008
^Afri^ca^Oc^ean^ia
^4.⁷^%^S^outh^Am^eric^a^0.^8%
^16.7^%
^Asⁱ^a
³⁹^.8%
^No^{rth A}^m^eri^c^a
²¹^.3%
^Euro^pe
¹⁶^.7%
^Source:^{CRS prese}^{ntation of DOS Bureau of Con}^{sular Affairs}^data.
^Note:^N=6,599,6^{79. Total does not include 3,3}^{94 visas iss}^{ued with cha}^{rgeability listed as “unknow}^n.”
When analyzing the longitudinal data for visa issuances as depicted in Figure 2 below, the
number of visas issued by DOS in FY2008 was above the issuance level of the late-1990s.
However, the issuance level is 12.8% lower than the highest levels of the past decade. Visa
issuances have declined from their FY2001 peak of 7.6 million visas to the FY2008 level of 6.6
million visas issued. Many attribute this decline to more stringent criteria for visa issuances and a
greater burden of qualification placed upon the nonimmigrant visa applicant that have resulted
from security concerns after the terrorist attacks of September 11, 2001.

Figure 2. Nonimmigrant Visas Issued by Region, FY1998-FY2008
^Mi^lli^on^s^Asia^Nor^t^h^Amer^ica^E^u^r^ope^Sout^{h Am}^erⁱ^c^a^Af^rⁱ^ca^O^c^eani^a
⁸
⁷
⁶
⁵^ed
⁴^{s I}^ssu
^sa
³^Vi
²
¹
⁰
¹⁹⁹⁸¹⁹⁹⁹²⁰⁰⁰²⁰⁰¹²⁰⁰²²⁰⁰³²⁰⁰⁴²⁰⁰⁵²⁰⁰⁶²⁰⁰⁷²⁰⁰⁸
^Year
^Source:^{CRS prese}^{ntation of DOS Bureau of Con}^{sular Affairs}^data.
^Notes:^{In FY199}^{8, there we}^{re 2}^3,38^{7 visas issued to individuals with no nationality. In FY20}^{08, th}^{ere were}^3,39⁴
^{visas issued to this same category}^{of applicants. The}^num^{ber of}^{visas issued to individuals with no nat}^ionality
^{decreased trended downward ov}^{er the co}^{urse of t}^{he pa}^{st decade.}
The decline in these levels was largely due to the reduction of North American visas issued, as its
levels in FY2006 constitute half of its levels in FY2001. The growth in the late 1990s has been
largely attributable to two time-limited policies—the upgrade from border crossing cards to laser ¹⁷¹⁸
visas for residents of Mexico and the increased ceiling on temporary foreign worker visas.
Visa issuance levels for other regions remained approximately the same as they were in FY2001.
The only other notable changes in the longitudinal data for the given time span were a slight
decrease in visas for European nationals, a slight increase in visas for Asian nationals, and a
decrease in the visas granted to nationals from countries in the Oceanic region.
The alternative method of measuring temporary migrations to the United States is with the
nonimmigrant admissions data, and it comes with two important caveats. First, nonimmigrants

¹⁷^Se^c^tion¹⁰⁴^of^the^Ille^g^a^{l Im}^mⁱ^g^r^a^{tion Re}^f^o^rm^a^{nd Im}^mⁱ^g^r^aⁿ^{t Re}^s^ponsⁱ^b^ili^ty^A^c^{t of}^{1996 a}^dde^d^to^t^h^e^de^fⁱ^nitioⁿ^of
^“b^o^r^d^e^{r cro}^ssiⁿ^g^id^en^tⁱ^fⁱ^catioⁿ^card^”^{a req}^uⁱ^rem^eⁿ^t^th^{at t}^h^e^reg^u^lati^oⁿ^s^p^e^rtainⁱⁿ^g^t^o^t^h^{e BCC i}ⁿ^clu^d^e^{a req}^uⁱ^rem^eⁿ^t^f^o^r
^th^{e BCC to}^coⁿ^t^ain^{a m}^achⁱⁿ^e-read^ab^{le b}ⁱ^o^m^{etric id}^en^tif^ier.
¹⁸^I^m^mⁱ^gr^ati^on:^Le^gis^l^ativ^e^I^s^s^u^e^s^{on N}^onim^mⁱ^gr^an^{t Pr}^o^f^e^s^sⁱ^on^{al S}^p^e^cⁱ^alty⁽^H^-¹^B)^W^o^r^k^e^r^s^{; a}^nd^I^m^mⁱ^gr^ati^on:^Polⁱ^c^y
^C^ons^ide^r^a^tio^ns^Re^la^te^{d t}^o^G^u^e^s^t^W^o^r^k^e^r^Pr^ogr^am^s^.

are required to fill out I-94 forms¹⁹ for entry into the United States, and these I-94 entries
constitute a total of approximately 37.1 million admissions in FY2007. Mexican nationals with
Border Crossing Cards and Canadian nationals traveling for business or tourist purposes are not
counted in these admission totals. These two latter groups accounted for the vast majority of ²⁰
admissions to the United States in FY2007, with approximately 134.3 million admissions. Thus,
the total number of admissions to the United States in FY2007 was approximately 171.4 million.
Second, as previously mentioned, these data are tallies of admissions and not of individuals.
Since many individuals depart and re-enter the United States during the same year, individuals
may have multiple admissions in the DHS admissions data.
Figure 3. Nonimmigrant Admissions by Region, FY2007
^Nor^t^{h A}^m^er^ic^a
^26.⁸^%
^O^c^ean^ia
^2.^9%
^So^ut^{h A}^m^e^r^ic^a
^7.⁴^%
^Un^kⁿ^owⁿ
^0.⁴^%
^Afrⁱ^ca
^1.¹^%
^Asⁱ^a^Eu^r^o^p^e³⁷^.8^%
^23.^5%
^Source:^{CRS prese}^{ntation of DHS Office of Immigration Statistics data.}
^Note:^N=37,14^9,65^1.
Figure 3 shows the plurality of foreign nationals admitted into the United States in FY2007 were
nationals of European states, which represented 37.8% of admissions. The second largest
category of admitted individuals were foreign nationals from North American countries, with
26.8% of the admissions total. Foreign nationals from Asian countries, which constituted the
largest visa issuance category, were the third-largest regional admission group and accounted for
23.5% of admissions into the United States—a discrepancy most likely attributable to the higher

¹⁹^A^For^m^I^-^{94 is}^aⁿ^A^r^rⁱ^v^a^l-^D^e^pa^r^t^ur^e^R^e^c^o^r^d^is^s^u^e^d^by^C^B^P^a^t^a^p^o^r^{t of}^eⁿ^tr^y^tha^t^s^how^s^the^da^te^y^{ou a}^r^rⁱ^v^e^{d in t}^h^e
^Unite^{d S}^t^a^t^e^s^a^{nd t}^h^e^“^A^d^m^itte^{d Until”}^da^te^,^the^da^te^w^h^eⁿ^y^{our a}^u^th^oriz^e^d^pe^ri^od^of^sta^y^e^x^pire^s.
²⁰^{U.S. De}^pa^rtm^e^{nt of}^Hom^e^la^{nd Se}^c^u^rity^{, O}^f^fⁱ^c^e^o^f^I^m^mⁱ^g^r^a^{tion St}^a^tistic^s,^Te^m^por^ar^y^A^d^mⁱ^s^sⁱ^oⁿ^s^of^N^onim^mⁱ^gr^aⁿ^ts
^t^o^th^{e Un}ⁱ^t^e^{d S}^t^a^t^es:²⁰⁰⁶^{, J}^u^ly²⁰⁰⁷^{, p}^p^.^1-²^.

number of visa waiver countries in Europe. These Asian admissions constituted 8.7 million
entries into the United States, while by comparison the European entries accounted for 14.0
million admissions. The fact that 24 of the 27 countries participating in the Visa Waiver Program ²¹
were European, in conjunction with the majority of all admissions being visitors, a plurality of
European admissions was to be expected. South American entries accounted for 7.4% of FY2007
entries, or approximately 2.8 million persons, while the remaining categories of nationals from
African and Oceanic regions (and individuals of “unknown” classification) constituted 1.6 million
persons with 4.4% of the admissions total.
Figure 4. Nonimmigrant Admissions by Region, FY1998-FY2007
^Mi^ll^io^ns^Eur^ope^Nor^t^{h Am}^erⁱ^c^a^Asi^a^Sout^{h Am}^erⁱ^c^a^Oceani^a^Af^rⁱ^ca^Unknowⁿ
⁴⁰
³⁵
³⁰
²⁵^s
^oⁿ
²⁰ⁱ^ssi
¹⁵^Adm
¹⁰
⁵
⁰
¹⁹⁹⁸¹⁹⁹⁹²⁰⁰⁰²⁰⁰¹²⁰⁰²²⁰⁰³²⁰⁰⁴²⁰⁰⁵²⁰⁰⁶²⁰⁰⁷
^Year
^Source:^{CRS prese}^{ntation of DHS Office of Immigration Statistics data.}
Figure 4 depicts the nonimmigrant admissions into the United States between FY1998-FY2007.
The admissions data provided two periods of upward movement that increased the number of
admissions of nonimmigrants by approximately 23.1% over the course of nine years. In FY1998,
the number of nonimmigrants admitted at a U.S. port of entry was approximately 30.2 million,
but by FY2007 this number had increased to 37.1 million admissions. The most significant
sources of the trend were increasing numbers of nonimmigrants from the European and North
American region. Whereas other regions witnessed lesser increases in their admission levels, the
North American-based increased from 5.5 million in FY1998 to 10.0 million in FY2007, an ²²
increase of 4.5 million nonimmigrants. Furthermore, the European-based admissions

²¹^T^h^e^e^x^c^e^p^tions^be^ing^Si^ng^a^por^e^,^J^a^pa^{n, a}ⁿ^d^B^r^uⁿ^eⁱ^.
²²^A^lthoug^{h t}^h^isⁱⁿ^c^r^e^a^s^e^{in N}^o^r^t^h^A^m^e^r^ic^aⁿ^-^b^a^s^e^d^nonim^mⁱ^g^r^aⁿ^{t a}^d^mⁱ^s^sⁱ^ons^w^a^s^pa^r^t^l^y^a^ttr^ibuta^b^le^{to t}^h^e^ne^w^r^u^le
^st^ru^ct^u^r^{e un}^d^e^{r t}^h^{e No}^rt^h^A^m^eri^c^an^F^r^{ee T}^r^ad^{e Agree}^m^en^t^(NA^F^T^A^),ⁱ^tⁱ^s^w^o^rt^hⁿ^o^tⁱⁿ^{g t}^h^at^t^h^{e m}^o^r^e^si^gnⁱ^fⁱ^can^t
⁽^c^onti^nue^d.^..)

nonimmigrant admissions increased from a level of 12.1 million in FY1998 to 14.0 million in
FY2007. This change constituted an increase of roughly 1.9 million annual admissions or a
percentage increase of 16.2% over the course of the past nine years.
Finally, the admission levels of nationals from North American countries was largely unchanged
following the September 11 attacks, as Figure 4 shows. This finding not only contrasted the visa
issuances in Figure 2, but the admissions levels of nationals based out of other regions. Every
other region experienced some reduction of admissions of their nationals in FY2002, but
recovered to near FY2001 levels in FY2006.
An alternative way of analyzing nonimmigrant data is to group nonimmigrants by visa category.
Figure 5 below shows that for FY2007, 88.6% of the foreign nationals admitted into the United
States were classified into the visitor categories of visas (including the “Visa Waiver Program”
and “other business and travel”). This figure depicts roughly 37.1 million persons admitted at
various ports of entry in FY2007. The only other category of admissions which constituted more
than 5% of the admissions total were those of temporary workers, which when combined
accounted for 5.2% of admissions, or approximately 1.9 million temporary worker admissions.
Students and exchange admissions was the third largest category with 1.3 million arrivals, and
accounted for 3.6% of the total. The remaining categories of nonimmigrant admissions
cumulatively represented 2.7% of foreign nationals admitted. Thus, foreign nationals categorized
into any remaining categories (including unknown category) accounted for roughly 982,000
admissions into the United States.

^(...c^on^tin^ue^d)
^upw^a^r^{d tr}^e^ndsⁱⁿ^N^o^r^t^{h A}^m^e^r^icaⁿ^-^b^a^s^e^d^a^d^mⁱ^s^sⁱ^ons^oc^c^u^r^r^e^{d i}ⁿ^t^h^e^la^te¹⁹^90s^,^s^e^v^e^r^a^l^y^e^a^r^s^af^te^r^NA^F^T^A^’^s
^im^plem^eⁿ^ta^{tion. F}^o^r^m^o^r^e^inf^o^r^m^a^tion,^s^e^e^C^R^S^R^e^por^t^R^L³²⁹^82,^I^m^mⁱ^gr^atio^{n I}^s^s^u^e^sⁱⁿ^Tr^ade^A^g^r^e^e^m^eⁿ^ts^{, by}^Ruth
^Elle^{n W}^a^se^m^.

Figure 5. Nonimmigrant Admissions by Category, FY2007
^St^ude^nt^{s and}
^E^x^c^h^{ange Vi}^si^t^o^r^s
^Ot^he^r^Tem^p^o^r^ar^y^W^o^r^k^er^s^3.^6%
^43.^1%^{and F}^a^mⁱ^lⁱ^e^s
^5.^2%
^Di^pl^om^at^{s and Ot}^her
^R^epr^esent^atⁱ^v^es
^0.^8%
^A^l^l^Ot^her^Cl^ass^e^s
^1.³^%
^Uⁿ^known
^0.^6%
^Vi^{sa W}^a^iv^er
^45.^5%
^Source:^{CRS prese}^{ntation of DHS Office of Immigration Statistics data.}
^Note:^N=37,14^9,65^1.
The data on temporary visitors are the dominant category in both the admissions and issuance
data. Thus, to more effectively analyze trends over time, the temporary visitors category is
analyzed separately from other categories. As Figure 6 illustrates, the largest absolute growth of
nonimmigrants other than visitors has come in the category of temporary workers. In FY2007,
temporary workers accounted for 1,932,075 admissions into the United States (excluding
admissions on laser visas), which constitutes a 91.2% increase over FY1998. Notably, admissions
of foreign students in FY2007 surpasseed FY2001 levels, and the growth rate for FY2005-
FY2007 paralleled the trend for FY1998-FY2001. The number of admissions for students,
exchange visitors, and their families in FY2007 was 1,331,269. The other notable development
since FY2001 has been the recent decline of admissions classified as unknown or that qualify for ²³
admission through the LIFE Act visa categories. After peaking in FY2003 with 109,089
admissions, LIFE Act admissions have declined to 76,101 admissions in FY2007, a drop of
30.2%. Moreover, admissions classified as unknown dropped from a 10-year high of 588,725 in
FY2001 to 205,372 in FY2007, a decline of 65.1%.

²³^T^h^e^L^e^g^a^{l I}^m^mⁱ^g^r^a^{tion Fa}^mⁱ^l^y^Equity^(L^{IFE) A}^c^{t of}^{2000 (T}^itle^X^I^of^P.L^.¹⁰^6-5⁵³⁾^pr^ov^ide^s^f^o^{r th}^e^K^a^nd^V
ⁿ^oⁿⁱ^m^mⁱ^gr^an^t^vi^{sa cat}^e^g^o^rⁱ^e^s.^T^h^{ese cat}^e^g^o^rⁱ^e^{s are set}^asi^d^e^f^o^{r f}ⁱ^aⁿ^{cees (K-1}^{) an}^d^chi^l^d^reⁿ^o^f^fⁱ^an^{cees (K-2}^{) o}^f^U.^S^.
^citizen^s,^sp^ou^{ses (K-3}^{) and}^ch^il^d^r^en^o^f^sp^ou^{ses (K-4}^{) o}^f^U.^S^.^citⁱ^zen^{s w}^ith^{visas p}^eⁿ^dⁱⁿ^g^,^an^d^s^p^ou^ses(V^-¹⁾^,
^c^h^ildr^eⁿ⁽^V-²⁾^{, a}ⁿ^d^de^peⁿ^d^eⁿ^ts⁽^V^-³⁾^of^le^g^a^{l pe}^r^m^aⁿ^eⁿ^{t r}^e^sⁱ^de^nts^w^{ith v}ⁱ^s^a^s^pe^nding^.

Figure 6. Admissions of Nonimmigrants Other Than Visitors, FY1998-FY2007
^Tem^por^ar^y^W^o^r^k^er^s^St^uden^t^s^{& Ex}^change^Tr^ansi^t^Alⁱ^ens
^Di^p^l^om^at^s^and^Repr^esent^atⁱ^v^e^s^LI^F^E^Act^Unknowⁿ
^Mⁱ^lli^on^s
⁵
⁴
³^ons
ⁱ
ⁱ^ss
^m
²^A^d
¹
⁰
¹⁹⁹⁸¹⁹⁹⁹²⁰⁰⁰²⁰⁰¹²⁰⁰²²⁰⁰³²⁰⁰⁴²⁰⁰⁵²⁰⁰⁶²⁰⁰⁷
^Year
^Source:^{CRS prese}^{ntation of DHS Office of Immigration Statistics data.}
^Note:^{Laser visas are not include}^{d in the data depicted.}
Analysis of admissions data for nonimmigrant temporary visitors in Figure 7 reveals that a large
majority of such nonimmigrants are admitted for tourism (or “pleasure”) purposes. In FY2007, of
the roughly 32.9 million nonimmigrant temporary visitors, 83.5%, or nearly 27.5 million,
constituted tourists. Within this group, 13.5 million came on regular visa waiver travel, 928,000
came on Guam visa waivers, and 13.1 million were admitted on B-2 visas. The overall proportion
of tourists to business travelers has increased since FY1998. Moreover, there has been a small
shift within the tourist category. Whereas 40.4% of FY1998 tourist admissions were on B-2 visas,
the corresponding measure for FY2007 was 47.6%. As for temporary visitors for business, this
group accounted for 5.4 million admissions in FY2007, or roughly 16.5% of the nonimmigrant
temporary visitors. Among the temporary business visitors in FY2007, over 2.9 million entered
on B-1 visas, roughly 2.5 million were admitted on general visa waivers, and 3,994 business visa
waivers from Guam. Since FY1998, temporary business admissions have grown by 23.6%.

Figure 7. Admissions of Nonimmigrant Visitors, FY1998-FY2007
^B-^{1 Busi}^ne^s^s^Vⁱ^sas^Vi^{sa W}^aⁱ^v^er^B^u^sⁱ^ness^B-^{2 Pl}^easur^{e Vi}^sas^Vis^a^W^a^iv^er^Pl^e^a^s^u^r^e
^Mⁱ^llions
³⁵
³⁰
²⁵
²⁰^oⁿ^s
ⁱ^ssi
¹⁵^Adm
¹⁰
⁵
⁰
¹⁹⁹⁸¹⁹⁹⁹²⁰⁰²²⁰⁰³²⁰⁰⁴²⁰⁰⁵²⁰⁰⁶²⁰⁰⁷
^Yea^r
^Source:^{CRS prese}^{ntation of DHS Office of Immigration Statistics data.}
^Note:^{Category data for nonimmigrant visitors was not available for FY200}^0-FY20^01.
Breaking down the visa issuance data for FY2008, Figure 8 demonstrates that 71.1% of the visas
issued for entry into the United States was to individuals entering on visitor visas. Consequently,
the volume of visitors visa was at a rate 6.1 times higher than the next largest category. The
subsequent two largest categories of issuances in FY2008 were for student and exchange visitor
visas, which accounted for 11.6% of visas issued, and temporary workers, which represented
9.9% of issuances. Additionally, the visas issued for crew members and others in transit
accounted for 4.4% of the visa issuances for FY2008. The remaining visas issued constituted

3.0% of the total.

Figure 8. Nonimmigrant Visas Issued by Category, FY2008
^Al^l^Ot^her^Cl^ass^e^s
^0.^7%
^C^r^ew^{& T}^r^ansi^t
^4.⁴^%
^Di^p^l^om^at^s^&
^Repr^esent^atⁱ^v^es
^2.³^%
^T^e^m^por^ar^y^W^o^r^k^er^s
^Vi^sit^o^r^s^9.^9%
^71.^1%
^St^udent^{s &}
^Ex^change
¹¹^.⁶^%
^Source:^{CRS prese}^{ntation of DOS Bureau of Con}^{sular Affairs}^data.
^Note:^N=6,603,0^73.
The graphical depiction of visas issued to nonimmigrants other than temporary visitors provided
in Figure 9, below, shows the large representation of students and exchange visitors, as well as
temporary workers, within issuance categories. Each of these issuance categories has grown
between FY2002 and FY2008, with the student category increasing by 40.2% and the temporary ²⁴
worker category increasing by 27.1%. The FY2008 level of the former category was 767,266,
while the level of the latter category was 655,854. An additional category that experienced a
growth in issuance during FY2002-FY2008 was that of crew and transit personnel, which
increased by 27.1% during that time period and had an FY2008 level of 289,367 visas issued. Yet,
the FY2008 level is 13.9% lower than the five-year peak of 336,005 visas issued in FY2004. The
category of diplomats and representatives saw an issuance increase of 21.5% between FY2002
and FY2008, and the FY2008 level of 149,266 is highest level during this time period. The
remaining category of other classes witnessed a steady decline in its issuance during the seven-
year period, with a decline of 53.1% from the FY2002 level of 96,460 to the FY2008 level of
45,202. Cumulatively, all the categories of visas other than temporary visitors accounted for

28.9% of the visas issued in FY2008.

²⁴^Fore^ig^{n S}^t^u^d^eⁿ^{ts i}ⁿ^the^Uⁿ^ite^d^St^ate^s^{: Polic}^ie^s^an^{d Le}^gisl^ati^oⁿ^;^I^m^mⁱ^gr^ati^on:^Le^gis^l^ativ^e^I^s^s^u^e^s^on^N^onim^mⁱ^gr^ant
^Pr^ofe^s^sⁱ^on^al^Spe^cⁱ^alty⁽^H^-¹^B)^W^o^r^k^e^r^s^{; a}^nd^I^m^mⁱ^gr^ati^on:^Polic^y^C^ons^ide^r^a^tio^ns^Re^la^te^{d t}^o^G^u^e^s^{t W}^o^r^k^e^r^Pr^ogr^am^s^.

Figure 9. Visas Issued to Nonimmigrants Other Than Visitors, FY2002-FY2008
^St^udent^{s & Ex}^change^Tem^p^o^r^ar^y^W^o^r^k^er^s^Dⁱ^pl^om^at^{s &}^Repr^esen^t^a^tⁱ^v^e^s
^Cr^{ew &}^Tr^ansi^t^Al^l^O^t^h^e^{r Cl}^asses
^M^illions
^2.⁵
²
^1.⁵^ed
^ssu
^{as I}
¹^Vi^s
^0.⁵
⁰
²⁰⁰²²⁰⁰³²⁰⁰⁴²⁰⁰⁵²⁰⁰⁶²⁰⁰⁷²⁰⁰⁸
^Year
^Source:^{CRS prese}^{ntation of DOS Bureau of Con}^{sular Affairs}^data.
^Note:^{In FY199}^{8, there we}^re^23,³⁸⁷^{visas issued to individuals with no nationality. In FY2}^{008, t}^here^{were 3,3}⁹⁴
^{visas issued to this same category}^{of applicants. The}^num^{ber of}^{visas issued to individuals with no nat}^ionality
^{decreased trended downward ov}^{er the co}^{urse of t}^{he pa}^{st decade.}
Finally, as depicted in Figure 10, below, the visas issued to nonimmigrant visitors constitute a
large majority of visas issued, cumulatively accounting for 71.1% of the total FY2008 visa
issuances. Although visa issuances to temporary visitors have grown every year since FY2003,
and have surpassed the FY2002 levels. From FY2003 to FY2008, the visa issuance to this
category increased by 39.1% to roughly 4.7 million. The issuance of combination B-1/B-2 and
Border Crossing Cards (BBCs) dropped markedly over the seven-year period, down by 75.3%
from FY2002 when the demand for laser visa BCCs peaked. During the same time period, the
issuance of B-1/B-2 visas for business and pleasure increased by 38.0% to the FY2008 level of
3,490,013. This subcategory of the visitor visa category represented 74.3% of all FY2008 visas
issued to nonimmigrant visitors. By contrast, the smallest visitor issuance category of B-1
business visitor visas represented only a fraction of this proportion, with an issuance level of
47,899 in FY2008 , representing a 36.7% drop over the given time period. And while the FY2008
visa issuance level of 407,723 for B-2 tourist visas was 8.5 times higher than it business
counterpart, the B-1 and B-2 combined accounted for 9.7% of the visitor issuance total. Like its
B-1 counterpart, the B-2 visa issuance experienced relatively little change in this time period
compared with the other subcategories. Finally, the combination B1/B2 and Mexican Lincoln (B-
1/B-2/BCV) visa accounted for 404,589 visas issued, or approximately 8.6% of the nonimmigrant
visitor total.

Figure 10. Visas Issued to Nonimmigrant Visitors, FY2002-FY2008
^B1^B2^B1/^B²^B1/B²^/^BCC^B-^1/^B-^2/BCV
^M^ill^io^ns
⁵
⁴
³^ed
^ssu
^{s I}
²^Vi^sa
¹
⁰
²⁰⁰²²⁰⁰³²⁰⁰⁴²⁰⁰⁵²⁰⁰⁶²⁰⁰⁷²⁰⁰⁸
^Ye^a^r
^Source:^{CRS prese}^{ntation of DOS Bureau of Con}^{sular Affairs}^data.

Achieving an optimal balance among major policy priorities, such as ensuring national security,
facilitating trade and commerce, protecting public health and safety, and fostering international
cooperation, remains a challenge. Efforts to establish a comprehensive automated system that
tracks the arrival and departure of nonimmigrants (US-VISIT) is well underway but remains ²⁵
incomplete. Requirements for individuals entering into the United States (including U.S.
citizens and visitors from Canada and other Western Hemisphere countries) to bear passports or
other documents sufficient to denote citizenship and identity are now going into effect. All the ²⁶
while, legislative revisions to specific temporary visa categories continue to arise incrementally.
This section of the report highlights several of the specific temporary visa concerns that are of
legislative interest to Congress: temporary workers, foreign medical graduates, foreign investors,
and foreign students.

²⁵^U^.^S.^Vis^itor^an^{d I}^m^mⁱ^gr^ant^St^atu^s^I^ndic^a^tor^Te^c^h^no^lo^gy⁽^U^S-^VI^SI^T)^Pr^o^g^r^a^m^.
²⁶^I^m^mⁱ^gr^ati^on^Le^gis^l^atioⁿ^an^{d I}^s^s^u^e^s^{in the}¹¹⁰^th^C^o^ng^ress^.

Many business people have expressed concern that a scarcity of labor in certain sectors may
curtail the pace of economic growth. A leading legislative response to skills mismatches and labor
shortages has been to increase the supply of temporary foreign workers. Proponents of raising the
H-1B levels assert that H-1B workers are essential if the United States is to remain globally
competitive. Some proponents argue that employers should be free to hire the best people for the
jobs, maintaining that market forces should regulate H-1B visas, not an arbitrary ceiling.
Those opposing any further increases or easing of admissions requirements assert that there is no
compelling evidence of a labor shortage in these professional areas that cannot be met by newly
graduating students and retraining the existing U.S. work force. They argue further that the
education of U.S. students and training of U.S. workers should be prioritized instead of fostering
a reliance on foreign workers.

There is ongoing pressure to increase unskilled temporary foreign workers, commonly referred to
as guest workers. The admission of H-2B visas are numerically limited, and the ceiling has been
exceeded the past few years as more sectors of the economy vie for the visas. The current
discussion of guest worker programs takes place against a backdrop of historically high levels of
unauthorized migration to the United States. Supporters of a large-scale temporary worker
program argue that such a program would help reduce unauthorized immigration by providing a
legal alternative for prospective foreign workers.
Critics reject this reasoning and instead maintain that a new guest worker program would likely
exacerbate the problem of illegal migration. Some allege that employers prefer guest workers
because they are less demanding in terms of wages and working conditions, and that expanding
guest worker visas would have a deleterious effect on U.S. workers.

The J cultural exchange visa has become a gateway for foreign medical graduates (FMGs) to gain
admission to the United States as nonimmigrants for the purpose of graduate medical education
and training. As exchange visitors, FMGs can remain in the United States on a J visa until the
completion of their training, typically for a maximum of seven years. After that time, they are
required to return home for at least two years before they can apply to change to another
nonimmigrant status or LPR status.

²⁷^I^m^mⁱ^gr^ati^on:^Le^gis^l^ativ^e^I^s^s^u^e^s^{on N}^onim^mⁱ^gr^an^{t Pr}^o^f^e^s^sⁱ^on^{al S}^p^e^cⁱ^alty⁽^H^-¹^B)^W^o^r^k^e^r^s^.
²⁸^I^m^mⁱ^gr^ati^on:^Polic^y^C^onsⁱ^d^e^r^ati^ons^Re^l^a^te^{d t}^o^G^u^e^s^{t W}^o^r^k^e^r^Pr^o^g^r^a^m^s^.
²⁹^C^R^S^R^e^por^{t R}^L³¹⁴⁶⁰^,^I^m^mⁱ^gr^ati^on:^F^o^r^e^ig^{n P}^h^y^s^ic^ians^an^{d t}^h^e^J^-^{1 Vis}^a^W^a^iv^e^r^Pr^ogr^am^{, by}^K^a^r^m^a^Es^te^r^,^a^nd
^{CRS Rep}^o^r^t^RS2²⁵⁸⁴^,^F^o^rei^gⁿ^M^e^dⁱ^ca^l^Grad^ua^t^e^{s: A}^B^rⁱ^e^f^Overvi^{ew o}^f^t^h^{e J-}¹^Vⁱ^s^a^Waⁱ^{ver P}^r^o^g^r^am^{, by}^K^a^r^m^a
^Este^r.

The authority to issue a waiver of the foreign residence requirement to a FMG based on the
request of a state public health department currently applies to J-visa holders. More specifically,
these J-visa holders do not have to leave the United States at the conclusion of their residencies if
they agree to practice medicine for three years in an area designated by the Secretary of Health
and Human Services as having a shortage of health care professionals.
The original intent underlying the foreign residency requirement for FMG is to encourage
American-trained foreign doctors to return home to improve health conditions and advance the
medical profession in their native countries. Some now argue that the J-1 visa waiver for FMGs
should be made permanent or extended for a number of years to allow an evaluation of the use of
foreign physicians to meet healthcare shortages and their impact on American physicians.

There are currently two categories of nonimmigrant investor visas: E-1 for treaty traders; and the
E-2 for treaty investors. According to DHS statistics, there were 229,642 E-1 and E-2 ³¹
nonimmigrant visa arrivals in the United States in FY2008.
The investor visas offered by the United States operate on the principal that foreign direct
investment into the United States should spur economic growth in the United States. To attract
such investors, research indicates that temporary migrants are motivated most significantly by
employment and wage prospects, while permanent migrants are motivated by professional and ³²
social mobility. It is unclear from a theoretical standpoint, however, to what extent potential
migration provides additional incentive for investment activity. Investors from developed
countries may sometimes lack incentive to settle in the United States since they can achieve
foreign direct investment (FDI) and similar standards of living from their home country.
However, in cases where foreign investors have been attracted, the economic benefits have been ³³
positive and significant.

In the wake of post-September 11 security reforms, the security concerns over foreign student
visas are being weighed against competitiveness concerns. Potential foreign students, as well as
all aliens, must satisfy Department of State (DOS) consular officers abroad and immigration
inspectors upon entry to the United States that they are not ineligible for visas under the so-called
“grounds for inadmissibility” of the Immigration and Nationality Act, which include security and
terrorist concerns. The consular officers who process visa applicants are required to check the
consolidated Terrorist Screening Database (TSDB) before issuing any visa. In part because of
these security measures, student visa debates have expanded to include both security and market-
based discussions.

³⁰^C^R^S^R^e^por^{t R}^L³³⁸⁴⁴^,^F^o^reig^{n I}ⁿ^vesto^{r Visa}^{s: P}^o^{licies an}^{d Issu}^es^{, by}^Cha^d^{C. H}^a^d^d^a^l^.
³¹^{U.S. De}^pa^rtm^e^{nt of}^Hom^e^la^{nd Se}^c^u^rity^{, O}^f^fⁱ^c^e^o^f^I^m^mⁱ^g^r^a^{tion St}^a^tistic^s,²⁰^{06 Ye}^ar^b^ook^of^I^m^mⁱ^gr^atio^{n Stat}^is^tic^s^.
³²^T^h^e^odor^a^Xeⁿ^o^gⁱ^aⁿ^{i, “}^M^ig^r^a^tioⁿ^P^o^lic^y^a^{nd I}^t^s^Iⁿ^te^r^a^c^tions^w^ith^Aⁱ^{d, T}^r^a^d^e^a^{nd For}^e^ig^{n D}ⁱ^r^e^c^t^Iⁿ^v^e^s^t^m^e^{nt P}^o^lⁱ^cⁱ^e^s^:
^A^B^a^c^k^g^r^ound^P^a^pe^r^,^”^OE^{CD De}^vel^o^p^m^en^t^Cen^t^re^{, W}^o^r^k^ing^P^a^pe^r^N^o^.²⁴^{9, J}^u^ne^,²⁰^06,^p.³¹^-³^3.
³³^B^a^s^e^{d on C}^R^{S d}ⁱ^s^c^us^sⁱ^ons^w^ith^Mor^rⁱ^e^B^e^r^e^z^,^C^h^ie^f^A^d^judic^a^tioⁿ^s^O^f^fⁱ^c^e^r^{, U}^S^C^I^{S I}ⁿ^v^e^s^t^or^a^{nd R}^e^gⁱ^ona^{l C}^e^nte^r
^P^r^og^r^a^m^,^N^o^v^e^m^b^e^r^{20, 20}⁰⁶^.
³⁴^Fore^ig^{n S}^t^u^d^eⁿ^{ts i}ⁿ^the^Uⁿ^ite^d^St^ate^s^{: Polic}^ie^s^an^{d Le}^gisl^ati^oⁿ^.

Higher education institutions in the United States are concerned over their ability to attract the
numbers and quality of foreign students, and whether the post-September 11 security measures
impede the entry of potential students into the U.S. education system. The fields of science,
technology, engineering and mathematics (STEM) increasingly rely on foreign students, and
these fields hold a top priority with most research institutions. Furthermore, the U.S. economy has
a high demand for the skill-sets produced in these fields of study, and the STEM students often
provide a major link between the academic community and the labor market. Consequently, many
groups in higher education and the private sector are seeking to expand pathways for foreign
students to emigrate.

The law and regulations set terms for nonimmigrant lengths of stay in the United States, typically
have foreign residency requirements, and often limit what the aliens are permitted to do in the
United States (e.g., gain employment or enroll in school). Many observers, however, assert that
these policies are not uniformly or rigorously enforced. Some maintain that further legislation is
not necessary if the laws currently in place are enforced.
The two tables that follow, among other things, illustrate the complexity and diversity of policy
on temporary admissions, and the challenge for policy makers who may seek to revise it. Table 1
indicates whether the INA or regulations set any limits or requirements on how long
nonimmigrants may stay in the United States and whether they must maintain a residence in their
home country for each of the 87 visa classifications. Table 2 details whether there are any labor
market tests or any limits on the numbers of aliens who can enter the United States according to
each of the 87 visa classifications. Table 2 also presents DOS data on the number of
nonimmigrant visas issued in FY2008. When a cell in the table is blank, it means the law and
regulations are silent on the subject.

Table 1. Periods of Stay and Foreign Residency Requirements for Nonimmigrant Visas
^Foreign
^Visa^{Class Description}^{Period of Stay}^{Renewal Option}^Residence
^Required
^A-1^{Ambassador, pu}^{blic minister, car}^{eer diplomat, consul, and immedi}^{ate family}^{Duration of assignment}
^A-2^Other^{foreign govern}^{ment official or employee, and immediate fam}^ily^{Duration of assignment}
^A-3^{Attendant, serva}^{nt or p}^{ersonal e}^{mployee of A-1/A-2, and immediate family}^{Up to three}^years^{Up to two years inter}^vals
^B-1^{Visitor for business}^{Up to one year}^{Up to six mont}^hs^Yes
^B-2^{Visitor for pleasure}^{Six months to one yea}^r^{Up to six mont}^hs^Yes
^B-1/B-2^{Business and}^pleasur^e^{Six months to one yea}^r^{Up to six mont}^hs^Yes
^BCC^{Border Crossing Cards}⁷²^{hours [}^unless^coupled^Yes
^{with B-1 or B-2] p}^roposed
^{extension to 3}⁰^days
ⁱ^{ki/CRS-RL31381}^BCV^Mexican^{Lincoln Border Crossing}^Visa⁷²^{hours [}^unless^coupled^Yes
^g/w^{with B-1 or B-2] p}^roposed
^s^.or^{extension to 3}⁰^days
^le^ak^C-1^{Alien in transit}^{Up to 29}^days
^://wiki^C-1/D^{Transit/crew mem}^ber^{Up to 29}^days
^h^ttp^C-2^{Person in tra}^{nsit to United Nations Headq}^uarte^rs^{Up to 29}^days
^C-3^{Foreign government}^{official, imm}^{ediate family, attendant, servant,}^{or personal}^{Up to 29}^days
^{employee in tran}^sit
^D^{Crew membe}^r^{Up to 29}^days
^E-1^{Treaty trader, spous}^{e and c}^{hild, a}^{nd employee}^{Up to two years}^{Up to two years}
^E-2^{Treaty investor, spouse}^{and c}^{hild, and employee}^{Same as E-1}^{Same as E-1}
^F-1^{Foreign student (academic or lan}^{guage training}^program)^{Period of study (one year}^Yes
^{secondary stude}^nts)
^F-2^{Spouse or child of F-1}^{Same as F-1}
^G-1^{Principal resident rep}^rese^ntative^{of recognized foreign membe}^{r governme}^{nt to}^{Duration of assignment}
^{international organization, staff, and immediate family}
^G-2^Other^repr^{esentative of}^{recognized foreign membe}^{r govern}^{ment t}^o^{international}^{Duration of assignment}

^{organization, staff, and immediate}^family

^Foreign
^Visa^{Class Description}^{Period of Stay}^{Renewal Option}^Residence
^Required
^G-3^{Representative of}^{non-recognize}^{d or nonmem}^{ber foreign}^membe^{r governme}^{nt to}^{Duration of assignment}
^{international organization, staff, and immediate family}
^G-4^Inter^{national organization officer or employee, and immediate family}^{Duration of assignment}
^G-5^{Attendant, serva}^{nt or p}^{ersonal e}^{mployee of G-1 t}^hroug^{h G-}^{4, and immediate}^{Up to two years}^{Up to two-year intervals}
^family
^H-1A^{Temporary worker—}^nu^{rse (stat}^{utory aut}^{hority ex}^pired)^{Up to three}^years^{Up to two-year intervals;}
^{up to five yea}^{rs ma}^x
^H-1B^{Temporary worker—}^professiona^{l specialty occupation}^{Up to three}^years^{Up to three-yea}^r
^{intervals; up to six}^years
^max
^H-1C^{Temporary worker—}^nu^{rse (new}^category)^{Three years}
^H-2A^{Temporary worker—ag}^ricultural^workers^{Up to one year}^{Up to one year;}^Yes
ⁱ^{ki/CRS-RL31381}^{three yea}^{rs total}
^g/w^H-2B^{Temporary worker—}^non-agricul^{tural workers}^{Up to one year}^{Up to one year;}^Yes
^s^.or^{three yea}^{rs total}
^le^ak^H-3^{Temporary worker—t}^rainee^{Up to two years}
^://wiki^H-4^{Spouse or child of H-1A/B/C, H-2A/B, or H-3}^{Same as Principal}
^h^ttp^I^{Representative of}^{foreign informa}^{tion media, spouse and child}^{Duration of employment}
^J-1^{Cultural exc}^hange^visitor^{Period of program}^Yes
^J-2^{Spouse or child of J-1}^{Same as J-1}^Yes
^K-1^{Fiancé(e) of U.S}^{. citizen}^{Valid for 4 month; must}
^{marry within}⁹⁰^{days to}
^{adjust status}
^K-2^{Child of K-1}^{Same as K-1}
^K-3^{Spouse of U.S. citi}^{zen awaiting LPR visa}
^K-4^{Child of K-3}
^L-1^Intracompa^{ny t}^ransf^{eree (E}^xec^{utive, managerial, and specialized knowledge}^{Up to three}^years^{up to two-year e}^xtension:

^person^{nel continuing}^employmen^{t with international firm or cor}^poration)^{five years ma}^{x; exec}^utives
^{seven yea}^rs

^Foreign
^Visa^{Class Description}^{Period of Stay}^{Renewal Option}^Residence
^Required
^L-2^{Spouse or child of L-1}^{Same as L-1}
^M-1^{Vocational student}^{Duration of study}^Yes
^M-2^{Spouse or child of M-1}^{Same as M-1}^Yes
^M-3^{Border commuter vocational or}^{nonacademic stude}^nt^{Same as M-1}^Yes
^NATO-^{Principal perma}^nent^repr^esentati^{ve of membe}^{r nations to}^{NATO, high ra}^nking^{Tour of duty}
¹^{NATO officials, and immediate fa}^{mily members}
^NATO-^Other^repr^{esentatives of}^membe^{r states to NATO (including a}^ny^{of its subsidiary}^{Tour of duty}
²^{bodies), and immediate family me}^{mbers; dep}^endent^{s of mem}^{ber of}^{a force ent}^ering
^{in accordance with}^{provisions of}^{NATO agreeme}^{nts; mem}^{bers of}^such^{force if}
^{issued visas}
^NATO-^{Official clerical staff accompanyin}^{g a repr}^{esentative of a}^membe^{r s}^{tate to NATO,}^{Tour of duty}
³^{and immediate family}
ⁱ^{ki/CRS-RL31381}^NATO-^{Officials of NATO (other tha}^{n t}^h^{ose classifiable as NATO-1), and immediate family}^{Tour of duty}
^g/w⁴
^s^.or^NATO-^Exp^{erts, other t}^han^{NATO-4 offi}^{cials, employed in missions on behalf of NATO,}^{Tour of duty}
^le^ak⁵^{and their depe}^ndents
^://wiki^NATO-^Civil^{ian employees of a force e}ⁿ^t^{ering in accordance}^{with th}^{e pro}^{visions of NATO}^{Tour of duty}
^h^ttp⁶^{agreements or}^{attached to NAT}^{O headq}^uarter^{s, and immediate family}
^NATO-^{Attendants, serva}^{nts, or pe}^{rsonal employees of NATO-1 t}^hroug^h^{NATO-6, and}^{Up to three}^years^{Two-year intervals}
⁷^{immediate family}
^N-8^{Parent of certain}^{special immigrants (pertai}^{ning to international or}^ganizations)^{Up to three}^years^{Up to three-yea}^{r interva}^ls
^{until child becomes an}
^adult
^N-9^{Child of N-8 or of certain s}^{pecial immigrants (pertaining}^{to interna}^tional^{Up to three}^years^{Up to three-yea}^{r intervals}
^{organizations)}^{until child becomes an}
^adult
^O-1^{Person with ext}^{raordinary a}^{bility in the scien}^{ces, arts, education, b}^{usiness or}^{Up to three}^years^{Up to one year}
^athletics
^O-2^{Person accompa}^{nying and a}^{ssisting in the artistic or at}^{hletic perfor}^mance^{by O-1}^{Up to three}^years^{Up to one year}^Yes
^O-3^{Spouse or child of O-1 or O-}²^{Same as O-1 or O-}²^{Up to one year}

^Foreign
^Visa^{Class Description}^{Period of Stay}^{Renewal Option}^Residence
^Required
^P-1^Inter^{nationally recognized athlete or membe}^{r of an inte}^{rnationally recognized}^{Up to five years individual}^Yes
^entertainme^{nt grou}^{p and e}^ssentia^{l support}^{artist; up to one y}^{ear grou}^p
^{or team}
^P-2^{Artist or entertaine}^{r in a r}^ecipro^{cal excha}^{nge p}^{rogram and es}^senti^{al supports}^{Up to one year}^{One-year inc}^reme^nts^Yes
^P-3^{Artist or entertaine}^{r in a c}^{ulturally uniq}^ue^{program a}^{nd essential s}^upport^{Up to one year}^{One-year inc}^reme^nts^Yes
^P-4^{Spouse or child of P-1, P-2 or P-3}^{Same as P-1, P-2 or P-3}^{One year}^increme^nts^Yes
^Q-1^Inter^{national cultural exc}^hang^{e p}^{rogram participa}^nt^{Duration of program;}^{up to}
^{15 mont}^hs
^Q-2^{Irish Peace Process P}^{rogram pa}^rt^icipant^{Duration of program;}^{up to}
^{three yea}^rs
^Q-3^{Spouse or child of Q-2}
ⁱ^{ki/CRS-RL31381}^R-1^Relig^{ious worker}^{up to th}^{ree yea}^rs^{up to two-year inte}^rvals;^{up to five yea}^{rs ma}^x
^g/w
^s^.or^R-2^{Spouse or child of R-1}^{same as R-1}^{same a R-1}
^le^ak^S-5^{Criminal informant}^{up to th}^{ree yea}^rs
^://wiki^S-6^{Terrorist informant}^{up to th}^{ree yea}^rs
^h^ttp^S-7^{Spouse or child of S-5 and S-6}^{same as S-5 and S-6}
^T-1^{Victim of human tra}^fficking^{If T-1 cooperates a}^{nd is needed i}ⁿ^prosec^{ution of traf}^{fickers, may}^{lead to}
^T-2^{Immediate family of T-1}^{adjustment to legal perma}^nent^re^sidence
^T-3^{Child of T-1}
^T-4^{Parent of T-1}
^T-5^{Unmarried sibling u}^{nder 1}⁸^yea^rs^{of age on date T-1 ap}^plied
^TN^{NAFTA professional}^{one year}^{one year}
^TD^{Spouse or child of TN}^{one year}^{one year}
^U-1^{Victim or informant of criminal activity}^{May lead to adjustment to legal p}^ermane^{nt residence}^{if specified c}^{onditions are}
^U-2^{Spouse or child of U-1}^met.
^V-1^{Spouse of Legal Perman}^{ent Resident (LPR) who has}^{petition pendi}^{ng for th}^ree^{Transitional nonimmigrant visa th}^{at leads to adjustment to legal permane}^nt
^{years or longer}^{residence statu}^{s whe}^{n visa}^{become available}

^Foreign
^Visa^{Class Description}^{Period of Stay}^{Renewal Option}^Residence
^Required
^V-2^{Child of LPR who has petition pe}^{nding for th}^{ree year}^{s or longer}
^V-3^{Child of V-1 or V-2}
^Source:^§10^{1(a)(15), §21}^{2, and §214}^{of the}^{Immigration and}^{Nationality Act and §21}^{4 of 8}^CFR.
^Note:^{When a cell in the table is}^{blank, it means t}^{he law and r}^egul^{ations are silent on the}^su^bject.
Table 2. Employment Authorization, Numerical Limits, and FY2006 Issuances for Nonimmigrant Visas
^Labor^Annual^FY20⁰⁸
^Visa^{Class Description}^Employment^{Authorization}^Market^{Numerical Limit}^Issuances
^Test
^A-1^{Ambassador, pu}^{blic minister, car}^{eer diplomat, consul, and immedi}^{ate family}^{Within scope of official}^10,1⁵²
^duties
ⁱ^{ki/CRS-RL31381}^A-2^Other^{foreign govern}^{ment official or employee, and immediate fam}^ily^{Within scope of official}^86,1⁸¹
^g/w^duties
^s^.or^A-3^{Attendant, serva}^{nt or p}^{ersonal e}^{mployee of A-1/A-2, and immediate family}^{Within scope of official}^1,00⁰
^le^ak^duties
^://wiki^B-1^{Visitor for business}^47,8⁹⁹
^h^ttp^B-2^{Visitor for pleasure}^No^407,⁷²³
^{B-1/B-2 Business}^and^pleasur^e^3,49^0,01³
^B-1/B-^{Combination B1/B2 and Border}^{Crossing Cards}^345,⁸⁹⁴
^2/BCC
^B-1/B-^{Combination B1/B2 and}^Mexican^Lincoln^404,⁵⁸⁹
^2/BCV
^BCC^{Border Crossing Cards}⁰
^C-1^{Alien in transit}^34,4⁶⁶
^{C-1/D Transit/crew}^mem^ber^217,⁴²⁸
^C-2^{Person in tra}^{nsit to United Nations Headq}^uarte^rs²²
^C-3^{Foreign government}^{official, imm}^{ediate family, attendant, servant,}^or^12,7⁴⁵

^{personal em}^{ployee in transit}

^Labor^Annual^FY20⁰⁸
^{Visa Class}^Description^Employment^{Authorization}^Market^{Numerical Limit}^Issuances
^Test
^D^{Crew membe}^{r of vess}^{el or aircra}^ft^{Only as em}^{ployee of}^24,7⁰⁶
^carrier
^E-1^{Treaty trader, spous}^{e and c}^{hild, a}^{nd employee}^{Within the scope}^of^6,86²
^{treaty conditions}
^E-2^{Treaty investor, spouse}^{and c}^{hild, and employee}^{Within the scope}^of^28,5⁸⁸
^{treaty conditions}
^E-3^{Australian spe}^{cialty occupation p}^rofessional^{Within the scope}^of^10,5⁰⁰^2,96¹
^{treaty conditions}
^E-3D^{Spouse or child of Australian s}^p^e^{cialty occupation professional}^1,56⁸
^E-3R^{Returning A}^{ustralian s}^{pecialty occupation p}^rofessional^{Within the scope}^of¹¹⁴
^{treaty conditions}
^F-1^{Foreign student (academic or lan}^{guage training}^program)^{Off cam}^pus^{work is}^340,⁷¹¹
ⁱ^{ki/CRS-RL31381}^{restricted, with limited}
^g/w^exceptions
^s^.or^F-2^{Spouse or child of F-1}^23,1⁹³
^le^ak^F-3^{Border commuter academic or la}^{nguage st}^udent^No⁵¹⁹
^://wiki^G-1^{Principal resident rep}^rese^ntative^{of recognized foreign membe}^{r governme}^nt^{Within scope of official}^5,10⁵
^h^ttp^{to international organization, staff, and immediate family}^duties
^G-2^Other^repr^{esentative of}^{recognized foreign membe}^{r govern}^{ment t}^o^{Within scope of official}^14,7¹⁵
^{international organization, and immediate family}^duties
^G-3^{Representative of}^nonrecog^{nized or nonmem}^ber^{foreign govern}^m^{ent to}^{Within scope of official}³⁴¹
^{international organization, and immediate family}^duties
^G-4^Inter^{national organization officer or employee, and immediate family}^{Within scope of official}^23,8³⁰
^duties
^G-5^{Attendant, serva}^{nt, or per}^{sonal employee of G-1 t}^hroug^{h G-}^{4, and}^{Within scope of official}⁹⁷³
^{immediate family}^duties
^H-1A^{Temporary worker—}^nu^{rse (stat}^{utory aut}^{hority ex}^pired)^Yes^Yes^-
^H-1B^{Temporary worker—}^professiona^{l speciality occupation}^Yes^Yes^65,0^{00 (with ce}^rtain^129,⁴⁶⁴

^exceptions)

^Labor^Annual^FY20⁰⁸
^{Visa Class}^Description^Employment^{Authorization}^Market^{Numerical Limit}^Issuances
^Test
^H-1B-1^{Free trade agreeme}^nt^profession^al^No^1,40^{0 for Chile; 5,4}⁰⁰⁷¹⁹
^{for Singapore}
^H-1C^{Temporary worker—}^nu^rse^Yes^Yes⁵⁰⁰¹⁷⁴
^{H-2A Temporary}^worker—ag^ricultural^worker^Yes^Yes^64,4⁰⁴
^H-2B^{Temporary worker—}^non-agricul^{tural worker}^Yes^Yes^66,0^{00 (ret}^ur^ning^93,2⁵⁰
^{workers had}^been
^excepted)
^H-2R^Returning^{H2B worker}^1,05⁴
^H-3^{Temporary worker—t}^rainee^{Yes, as part of th}^{e training}^{Some restrictions on}^3,42⁷
^program^{special education}
^excha^{nge p}^rograms
^H-4^{Spouse or child of H-1A/B/C, H-2A/B, or H-3}^No^71,0¹⁹
ⁱ^{ki/CRS-RL31381}^I^{Representative of}^{foreign informa}^{tion media, spouse and child}^{Only as em}^{ployee of}^17,0⁶⁹
^g/w^{foreign media}
^s^.or^J-1^{Cultural exc}^hange^visitor^{Yes, if program has work}^359,⁴⁴⁷
^le^ak^component
^://wiki^J-2^{Spouse or child of J-1}^{Only as ap}^{proved b}^y^DHS^32,6⁴²
^h^ttp^K-1^{Fiancé(e) of U.S}^{. citizen}^30,2⁸⁸
^K-2^{Child of K-1}^5,01³
^K-3^{Spouse of U.S. citi}^{zen awaiting LPR visa}^7,85⁴
^K-4^{Child of K-3}^1,85⁶
^L-1^Intracompa^{ny t}^ransf^{eree (ex}^ecuti^{ve, managerial, and specialized knowledge}^Yes^84,0⁷⁸
^person^{nel continuing}^employmen^{t with international firm or cor}^poration)
^L-2^{Spouse or child of L-1}^No^71,6⁸³
^M-1^{Vocational student}^{Only pra}^{ctical training}^10,4⁷⁵
^{related to degree}
^M-2^{Spouse of child of M-1}^No²⁷⁸
^M-3^{Border commuter vocational or}^{nonacademic stude}^nt^{Only pra}^{ctical training}¹

^{related to degree}

^Labor^Annual^FY20⁰⁸
^{Visa Class}^Description^Employment^{Authorization}^Market^{Numerical Limit}^Issuances
^Test
^NATO-1^{Principal perma}^nent^repr^esentati^{ve of membe}^{r nations to}^{NATO, high}^{Within scope of official}¹¹
^ranking^{NATO officials, and immediate family}^duties
^NATO-2^Other^repr^{esentatives of}^membe^{r states to NATO (including a}^ny^{of its}^{Within scope of official}^6,38¹
^{subsidiary bodies), and immediate family; dependents of}^membe^{r of}^{a force}^duties
^{entering in a}^{ccordance with}^provi^{sions of NATO agreeme}^{nts; me}^{mbers of}
^such^{force if issued visas}
^NATO-3^{Official clerical staff accompanyin}^{g a repr}^{esentative of me}^mbe^{r sta}^{te to}^{Within scope of official}²
^{NATO, and immediate family}^duties
^NATO-4^{Officials of NATO (other tha}^{n t}^h^{ose classifiable as NATO-1), and}^{Within scope of official}³⁵⁸
^{immediate family}^duties
^NATO-5^Exp^{erts, other t}^han^{NATO-4 offi}^{cials, employed in missions on behalf of}^{Within scope of official}⁸⁷
^{NATO, and their depe}^ndents^duties
^NATO-6^Civil^{ian employee of a force e}^nte^{ring in accordance}^{with the}^provi^{sions of}^{Within scope of official}¹²⁷
ⁱ^{ki/CRS-RL31381}^{NATO agreeme}^{nts or attac}^{hed t}^o^{NATO headq}^{uarters, a}^{nd their}^duties
^g/w^{immediate family}
^s^.or^NATO-7^{Attendants, serva}^{nts, or pe}^{rsonal employees of NATO-1 t}^hroug^h^NATO-6,^{Within scope of official}³
^le^ak^{and immediate family}^duties
^://wiki^N-8^{Parent of certain}^{special immigrants (pertai}^{ning to international}^{organizations)}^Yes⁸
^h^ttp
^N-9^{Child of N-8 or of certain s}^{pecial immigrants (pertaining}^{to interna}^tional^Yes³
^{organizations)}
^O-1^{Person with ext}^{raordinary a}^{bility in the scien}^{ces, arts, education, b}^usiness,^Yes^9,01⁴
^{or athletics}
^O-2^{Person accompa}^{nying and a}^{ssisting in the artistic or at}^{hletic perfor}^mance^by^Yes^5,05¹
^O-1
^O-3^{Spouse or child of O-1 or O-}²^{Only as ap}^{proved b}^y^DHS^2,64²
^P-1^Inter^{nationally recognized athlete or membe}^{r of an inte}^rnationally^Yes^27,2⁴⁰
^{recognized entertainme}^{nt grou}^p^{and essential su}^pport
^P-2^{Artist or entertaine}^{r in a r}^ecipro^{cal excha}^{nge p}^{rogram and es}^senti^al^Yes¹³⁵
^sup^port
^P-3^{Artist or entertaine}^{r in a c}^{ulturally uniq}^ue^{program a}^{nd essential s}^upport^Yes^10,2⁷⁷

^Labor^Annual^FY20⁰⁸
^{Visa Class}^Description^Employment^{Authorization}^Market^{Numerical Limit}^Issuances
^Test
^P-4^{Spouse or child of P-1, P-2, or P-}³^{Only as ap}^{proved b}^y^DHS^1,14⁰
^Q-1^Inter^{national cultural exc}^hang^{e p}^{rogram participa}^nt^{Yes, with employer}^2,44³
^{approved by}^p^rogram
^Q-2^{Irish Peace Process P}^{rogram pa}^rt^icipant^{Yes, with employer}¹
^{approved by}^p^rogram
^Q-3^{Spouse or child of Q-2}^No⁰
^{R-1 Relig}^ious^worker^Yes^10,0⁶¹
^R-2^{Spouse or child of R-1}^No^2,94¹
^{S-5 Criminal}^informant^Yes²⁰⁰⁰
^{S-6 Terrorist}^informant^Yes⁵⁰⁰
^S-7^{Spouse or child of S-5 or S-6}⁰
ⁱ^{ki/CRS-RL31381}^T-1^{Victim of human tra}^fficking^Yes^5,00⁰⁰
^g/w
^s^.or^T-2^{Spouse of T-1}^Yes³⁴
^le^ak^T-3^{Child of T-1}¹³²
^://wiki^T-4^{Parent of T-1}⁵
^h^ttp^T-5^{Unmarried sibling u}^{nder 1}⁸^yea^rs^{of age on date T-1 ap}^plied⁸
^{TN NAFTA}^professional^Yes^4,76¹
^TD^{Spouse or child of TN}^3,71⁵
^U-1^{Victim or informant of criminal activity}^Yes^10,0⁰⁰⁰
^U-2^{Spouse of U-1}^Yes⁰
^U-3^{Child of U-1}⁰
^U-4^{Parent of U-1}⁰
^V-1^{Spouse of Legal Perman}^{ent Resident (LPR) who has}^{petition pendi}^{ng for}^Yes
^{three yea}^{rs or longer}
^V-2^{Child of LPR who has petition pe}^{nding for th}^{ree year}^{s or longer}^{Yes, assuming the}^{y meet}⁰

^{age req}^uirements

^Labor^Annual^FY20⁰⁸
^{Visa Class}^Description^Employment^{Authorization}^Market^{Numerical Limit}^Issuances
^Test
^V-3^{Child of V-1 or V-2}^{Yes, assuming the}^{y meet}⁰
^{age req}^uirements
^{Grand T}^otal^6,60^3,⁰⁷³
^Source:^§10^{1(a)(15), §21}^{2, and §214}^{of the}^{Immigration and}^{Nationality Act and §21}^{4 of 8}^CFR.
^Note:^{When a cell in the table is}^{blank, it means t}^{he law and r}^egul^{ations are silent on the}^su^bject.

ⁱ^{ki/CRS-RL31381}
^g/w
^s^.or
^le^ak
^://wiki
^h^ttp

^Cha^d^C.^H^a^d^d^a^l ^Ru^t^h^Elleⁿ^W^a^se^m
^An^al^y^s^{t i}ⁿ^I^m^mⁱ^g^r^atioⁿ^P^o^lic^y^Sp^{ecialist i}ⁿ^I^m^mⁱ^g^r^atioⁿ^P^o^lic^y
^ch^addal^@^crs^.^l^o^c.g^o^v^,^7-³⁷⁰¹^r^w^as^e^m^@crs^.l^oc.g^o^v^{, 7-}⁷³⁴²