Regulations last checked for updates: Nov 22, 2024

Title 22 - Foreign Relations last revised: Oct 28, 2024
§ 41.11 - Entitlement to nonimmigrant status.

(a) Presumption of immigrant status and burden of proof. An applicant for a nonimmigrant visa, other than an alien applying for a visa under INA 101(a)(15) (H)(i) or (L), shall be presumed to be an immigrant until the consular officer is satisfied that the alien is entitled to a nonimmigrant status described in INA 101(a)(15) or otherwise established by law or treaty. The burden of proof is upon the applicant to establish entitlement for nonimmigrant status and the type of nonimmigrant visa for which application is made.

(b) Aliens unable to establish nonimmigrant status. (1) A nonimmigrant visa shall not be issued to an alien who has failed to overcome the presumption of immigrant status established by INA 214(b).

(2) In a borderline case in which an alien appears to be otherwise entitled to receive a visa under INA 101(a)(15)(B) or (F) but the consular officer concludes that the maintenance of the alien's status or the departure of the alien from the United States as required is not fully assured, a visa may nevertheless be issued upon the posting of a bond with the Secretary of Homeland Security under terms and conditions prescribed by the consular officer.

[52 FR 42597, Nov. 5, 1987, as amended at 61 FR 1835, Jan. 24, 1996; 85 FR 74882, Nov. 24, 2020]
§ 41.12 - Classification symbols.

A nonimmigrant visa issued to an applicant within one of the classes described in this section shall bear an appropriate visa symbol to show its classification. The symbol shall be inserted in the space provided on the visa. The following visa symbols shall be used:

Table 1 to § 41.12

Symbol Class Section of law
A1Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate FamilyINA 101(a)(15)(A)(i).
A2Other Foreign Government Official or Employee, or Immediate FamilyINA 101(a)(15)(A)(ii).
A3Attendant, Servant, or Personal Employee of A1 or A2, or Immediate FamilyINA 101(a)(15)(A)(iii).
B1Temporary Visitor for BusinessINA 101(a)(15)(B).
B2Temporary Visitor for PleasureINA 101(a)(15)(B).
B1/B2Temporary Visitor for Business & PleasureINA 101(a)(15)(B).
C1Noncitizen in TransitINA 101(a)(15)(C).
C1/DCombined Transit and Crewmember VisaINA 101(a)(15)(C) and (D).
C2Noncitizen in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters AgreementINA 101(a)(15)(C).
C3Foreign Government Official, Immediate Family, Attendant, Servant, or Personal Employee, in TransitINA 212(d)(8).
CW1Commonwealth of the Northern Mariana Islands—Only Transitional WorkerSection 6(d) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d).
CW2Spouse or Child of CW1Section 6(d) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d).
DCrewmember (Sea or Air)INA 101(a)(15)(D).
E1Treaty Trader, Spouse or ChildINA 101(a)(15)(E)(i).
E2Treaty Investor, Spouse or ChildINA 101(a)(15)(E)(ii).
E2CCommonwealth of the Northern Mariana Islands Investor, Spouse or ChildSection 6(c) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d).
E3Australian National Coming to the United States Solely to Perform Services in a Specialty OccupationINA 101(a)(15)(E)(iii).
E3DSpouse or Child of E3INA 101(a)(15)(E)(iii).
E3RReturning E3INA 101(a)(15)(E)(iii).
F1Student in an Academic or Language Training ProgramINA 101(a)(15)(F)(i).
F2Spouse or Child of F1INA 101(a)(15)(F)(ii).
F3Canadian or Mexican National Commuter Student in an Academic or Language Training ProgramINA 101(a)(15)(F)(iii).
G1Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate FamilyINA 101(a)(15)(G)(i).
G2Other Representative of Recognized Foreign Member Government to International Organization, or Immediate FamilyINA 101(a)(15)(G)(ii).
G3Representative of Non-recognized or Nonmember Foreign Government to International Organization, or Immediate FamilyINA 101(a)(15)(G)(iii).
G4International Organization Officer or Employee, or Immediate FamilyINA 101(a)(15)(G)(iv).
G5Attendant, Servant, or Personal Employee of G1 through G4, or Immediate FamilyINA 101(a)(15)(G)(v).
H1BTemporary Worker in a Specialty OccupationINA 101(a)(15)(H)(i)(b).
H1B1Chilean or Singaporean Temporary Worker in a Specialty OccupationINA 101(a)(15)(H)(i)(b1).
H1CRegistered Nurse in Health Professional Shortage AreaINA 101(a)(15)(H)(i)(c).
H2ATemporary Worker Performing Agricultural ServicesINA 101(a)(15)(H)(ii)(a).
H2BTemporary Non-Agricultural WorkerINA 101(a)(15)(H)(ii)(b).
H3Trainee or Special Education Exchange VisitorINA 101(a)(15)(H)(iii).
H4Spouse or Child of H1B, H1B1, H1C, H2A, H2B, or H3INA 101(a)(15)(H)(iv).
IRepresentative of Foreign Information Media, Spouse and ChildINA 101(a)(15)(I).
J1Exchange VisitorINA 101(a)(15)(J).
J2Spouse or Child of J1INA 101(a)(15)(J).
K1Fiancé(e) of United States CitizenINA 101(a)(15)(K)(i).
K2Child of Fiancé(e) of U.S. CitizenINA 101(a)(15)(K)(iii).
K3Spouse of U.S. citizen awaiting availability of immigrant visaINA 101(a)(15)(K)(ii).
K4Child of K3INA 101(a)(15)(K)(iii).
L1Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment)INA 101(a)(15)(L).
L2Spouse or Child of L1INA 101(a)(15)(L).
M1Vocational Student or Other Nonacademic StudentINA 101(a)(15)(M)(i).
M2Spouse or Child of M1INA 101(a)(15)(M)(ii).
M3Canadian or Mexican National Commuter Student (Vocational Student or Other Nonacademic Student)INA 101(a)(15)(M)(iii).
N8Parent of an Individual Classified by DHS as SK3 or SN3INA 101(a)(15)(N)(i).
N9Child of N8 or of Individual Classified by DHS as SK1, SK2, SK4, SN1, SN2 or SN4INA 101(a)(15)(N)(ii).
NATO1Principal Permanent Representative of Member State to NATO (including any of its 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 FamilyArt. 12, 5 UST 1094; Art. 20, 5 UST 1098.
NATO2Other Representative of Member State to NATO (including any of its Subsidiary Bodies) including Representatives, 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 VisasArt. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796.
NATO3Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate FamilyArt. 14, 5 UST 1096.
NATO4Official of NATO (Other Than Those Classifiable as NATO1), or Immediate FamilyArt. 18, 5 UST 1098.
NATO5Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their DependentsArt. 21, 5 UST 1100.
NATO6Member of a Civilian Component Accompanying a Force Entering in Accordance with the 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 DependentsArt. 1, 4 UST 1794; Art. 3, 5 UST 877.
NATO7Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate FamilyArts. 12-20, 5 UST 1094-1098.
O1Worker with Extraordinary Ability or Achievement in Sciences, Arts, Education, Business, or AthleticsINA 101(a)(15)(O)(i).
O2Person Accompanying and Assisting in the Artistic or Athletic Performance by O1INA 101(a)(15)(O)(ii).
O3Spouse or Child of O1 or O2INA 101(a)(15)(O)(iii).
P1Internationally Recognized Athlete or Member of Internationally Recognized Entertainment GroupINA 101(a)(15)(P)(i).
P2Artist or Entertainer in a Reciprocal Exchange ProgramINA 101(a)(15)(P)(ii).
P3Artist or Entertainer in a Culturally Unique ProgramINA 101(a)(15)(P)(iii).
P4Spouse or Child of P1, P2, or P3INA 101(a)(15)(P)(iv).
Q1Participant in an International Cultural Exchange ProgramINA 101(a)(15)(Q)(i).
R1Member of a Religious Denomination Performing Religious WorkINA 101(a)(15)(R).
R2Spouse or Child of R1INA 101(a)(15)(R).
S5Person Supplying Critical Information Relating to a Criminal Organization or EnterpriseINA 101(a)(15)(S)(i).
S6Person Supplying Critical Information Relating to TerrorismINA 101(a)(15)(S)(ii).
S7Qualified Family Member of S5 or S6INA 101(a)(15)(S).
T1Victim of a Severe Form of Trafficking in PersonsINA 101(a)(15)(T)(i).
T2Spouse of T1INA 101(a)(15)(T)(ii).
T3Child of T1INA 101(a)(15)(T)(ii).
T4Parent of a T1 under 21 years of age; or Parent of a T1 (Any Age) Who Faces Present Danger of RetaliationINA 101(a)(15)(T)(ii).
T5Unmarried Sibling under 18 years of age of a T1 Under 21 Years of Age; or Unmarried Sibling Under 18 Years of Age of a T1 (Any Age), Who Faces Present Danger of RetaliationINA 101(a)(15)(T)(ii).
T6Adult or Minor Child of a Derivative Beneficiary of a T1 (Any Age) Who Faces Present Danger of RetaliationINA 101(a)(15)(T)(ii).
TNUSMCA ProfessionalINA 214(e)(1).
TDSpouse or Child of TNINA 214(e)(1).
U1Victim of Criminal ActivityINA 101(a)(15)(U)(i).
U2Spouse of U1INA 101(a)(15)(U)(ii).
U3Child of U1INA 101(a)(15)(U)(ii).
U4Parent of U1 Under 21 Years of AgeINA 101(a)(15)(U)(ii).
U5Unmarried Sibling Under Age 18 of U1 Under 21 Years of AgeINA 101(a)(15)(U)(ii).
V1Spouse of a Lawful Permanent Resident Awaiting Availability of Immigrant VisaINA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii).
V2Child of a Lawful Permanent Resident Awaiting Availability of Immigrant VisaINA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii).
V3Child of a V1 or V2INA 101(a)(15)(V)(i) or INA 101 (a)(15)(V)(ii) & INA 203(d).
[88 FR 45070, July 14, 2023]
authority: 8 U.S.C. 1101; 1102; 1104; 1182; 1184; 1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295); 1323; 1361; 2651a
source: 52 FR 42597, Nov. 5, 1987, unless otherwise noted.
cite as: 22 CFR 41.12