Nonimmigrant Visa and Status Classifications

The chart below provides information concerning nonimmigrant visa and status classifications. The "See Also" column contains links to articles that elaborate further on each specific nonimmigrant category.  The following materials contain information of a general nature that pertains to all or most nonimmigrant categories:

Symbol
Plain Language Category/Description

Employment
authorized?
Special Requirements See Also:
Foreign Government Officials
A-1

Ambassador, public minister, career, diplomatic or consular officer, and members of immediate family.

No
Diplomatic status
A-2

Other foreign government official or employee, and members of immediate family.

No*

*A-2 dependants may work with specific authorization of the State Department

Diplomatic status

A-3

Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family.

No
Attached to someone with diplomatic status.
Visitors
B-1

Temporary visitor for business

No
May not engage in any productive employment while in the US Visitor visas - business and pleasure
B-2

Temporary visitor for pleasure

No
Visitor visas - business and pleasure
Visa Waiver
WB

Temporary visitor for business

No
May not engage in any productive employment while in the US. May only stay 90 days - no extension or change of status
WT

Temporary visitor for pleasure

No
May only stay 90 days - no extension or change of status
Aliens in Transit
C-1

Alien in transit directly through U.S.

No
C-1D

Combined transit and crewman visa

No
C-2

Alien in transit to UN headquarters district under Section 11.(3), (4), or (5) of the Headquarters Agreement

No
C-3

Foreign government official, members of immediate family, attendant, servant, or personal employee, in transit

No
C-4

Transit without Visa

No
This program has been suspended
Crewmembers
D-1

Crewmember departing on same vessel of arrival

No
May not extend or change status
D-2

Crewmember departing by means other than vessel of arrival

No
May not extend or change status

Treaty Traders and Treaty Investors

E-1

Treaty Trader, spouse and children

Yes

E-1 spouses and children may work only with the specific authorization of the USCIS

E-2

Treaty Investor, spouse and children

Yes

E-2 spouses and children may work only with the specific authorization of the USCIS

Academic Students
F-1

Academic Student

No*

*F-1 students may work only with the specific authorization of the USCIS

Foreign students

Dept of State telegram re: student visa intent

Visa Office Memo:

Validity of Student Visas Subsequent to a Break in Studies

F-1
Spouse or child of F-1
No

Foreign Government Officials to International Organizations

G-1

Principal resident representative of recognized foreign member government to international organization, and members of immediate family.

No

G-1 spouses and children may work only with the specific authorization of the State Department

G-2

Other representative of recognized foreign member government to international organization, and members of immediate family.

No

G-2 spouses and children may work only with the specific authorization of the State Department

G-3

Representative of non-recognized or nonmember government to international organization, and members of immediate family

No

G-3 spouses and children may work only with the specific authorization of the State Department

G-4

International organization officer or employee, and members of immediate family

No

G-4 spouses and children may work only with the specific authorization of the State Department

G-5

Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, or members of immediate family

No
Temporary Workers
H-1B

Specialty Occupations, DOD workers, fashion models

Yes
Job must customarily require at least a bachelor's degree as a minimum qualification. Requires petition approval from the USCIS

H-1B temporary professional workers

Procedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B and L-1 Nonimmigrants.

Requests for Extension of H-1B Status Beyond the 6th Year

H-1B petitions that are not subject to the annual quota

CIS memo: H-1B portability (1)

CIS memo: H-1B portability (2)

FAQ: H-1B petitions, visas, and status

(CIS) H-1B extensions past the 6-year limit under §106(a) of AC21.

(CIS) H-1B extension past the 6-year limit under §104(c) of AC21 (aliens subject to per country limitations).

FAQ: (CIS) H-1B portability under §105 of AC21.

H-2A

Temporary Agricultural Worker

Yes
Temporary seasonal agricultural workers Requires temporary labor certification from the DOL and petition approval from the USCIS
H-2B

Temporary worker: skilled and unskilled

Yes
Workers performing a job which is itself clearly temporary. Requires petition approval from the USCIS H-2B temporary workers
H-3
Trainee
No
Persons coming to receive training that is not available in their home countries. No productive employment allowed. Requires petition approval from the USCIS H-3 trainees
H-4

Spouse or child of H-1, H-2, H-3

No
CIS Memo: Employment authorization for H and L spouses.

Foreign Media Representatives

I-1

Visas for foreign media representatives

No

Exchange Visitors

J-1

Exchange visitors

No*

Exchange visitors may work only with the explicit authorization of the USCIS

Exchange ("J") visitors

Step by step instructions for applying for a waiver of the J two year home residence requirement

J-2

Spouse or child of J-1

No*

Exchange visitor spouses may work only with the explicit authorization of the USCIS

Fiance(e) of US Citizen

K-1

Fiance(e)

Yes
Requires petition approval from the USCIS Fiancee ("K") visa
K-2

Minor child of K-1

May work only with the explicit authorization of the USCIS
K-3

Spouse of a U.S. Citizen (LIFE Act)

Yes
Requires petition approval from the USCIS
K-4

Child of K-3 (LIFE Act)

May work only with the explicit authorization of the USCIS

Intracompany Transferee

Intracompany Transferee ("L") Visas
L-1A

Executive, managerial

Yes
Requires petition approval from the USCIS
L-1B

Specialized knowledge

Yes
Requires petition approval from the USCIS
L-2

Spouse or child of L-1

No*

E-2 spouses may work only with the specific authorization of the USCIS

Vocational and Language Students

M-1

Vocational student or other nonacademic student

No*

M-1 students may work only with the specific authorization of the USCIS

M-2

Spouse or child of M-1

No

Workers with Extraordinary Abilities

O-1

Extraordinary ability in Sciences, Arts, Education, Business, or Athletics

Yes
Requires petition approval from the USCIS
O-2

Alien's (support) accompanying O-1

Yes
Requires petition approval from the USCIS
O-3

Spouse or child of O-1 or O-2

No

Athletes and Entertainers

P-1

Individual or team athletes

Yes
Requires petition approval from the USCIS
P-1

Entertainment groups

Yes
Requires petition approval from the USCIS

P-2

Artists and entertainers in reciprocal Exchange programs

Yes
Requires petition approval from the USCIS

P-3

Artists and entertainers in culturally unique programs

Yes
Requires petition approval from the USCIS

P-4

Spouse or child of P-1, 2, or 3

No

International Cultural Exchange Visitors

Q-1

International cultural exchange visitors

Q-2

Irish Peace Process Cultural and Training Program (Walsh Visas)

Q-3

Spouse or child of Q-2

Religious Workers

R-1

Religious workers

R-2

Spouse or child of R-1

North American Free Trade Agreement (NAFTA)

TN

Trade visas for Canadians and Mexicans

Yes
TD

Spouse or child accompanying TN-

No

Certain Second Preference Beneficiaries

V-1

Spouse of an LPR who is the principal beneficiary of a family-based petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years

V-2

Child of an LPR who is the principal beneficiary of a family-based visa petition (Form I-130) that was filed prior to December 21, 2000, and has been pending for at least three years.

V-3

The derivative child of a V-1 or V-2

Temporary Protected Status (TPS)

TPS

Temporary Protected Status

Yes



Copyright© 2007 The Gotcher Law Group, PC - All Rights Reserved