A. Foreign Government Officials.
INA 101(a)(15)(A):
(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;
(ii) upon a basis of reciprocity, other officials and employees who have
been accredited by a foreign government recognized de jure by the United
States, who are accepted by the Secretary of State, and the members of
their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants,
personal employees, and members of their immediate families, of the officials
and employees who have a nonimmigrant status under (i) and (ii)
above;
an alien (other than one coming for the purpose of study or of performing
skilled or unskilled labor or as a representative of foreign press, radio,
film, or other foreign information media coming to engage in such vocation)
having a residence in a foreign country which he has no intention of abandoning
and who is visiting the United States temporarily for business or temporarily
for pleasure;
C. Transits.
INA 101(a)(15)(C):
an alien in immediate and continuous transit through the United States,
or an alien who qualifies as a person entitled to pass in transit to and
from the United Nations Headquarters District and foreign countries, under
the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters
Agreement with the United Nations (61 Stat. 758);
D. Crewmen.
INA 101(a)(15)(D):
(i) an alien crewman
serving in good faith as such in a capacity required for normal operation and
service on board a vessel, as defined in section 258(a) (other than a fishing
vessel having its home port or an operating base in the United States), or
aircraft, who intends to land temporarily and solely in pursuit of his calling
as a crewman and to depart from the United States with the vessel or aircraft on
which he arrived or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in
any capacity required for normal operations and service aboard a fishing vessel
having its home port or an operating base in the United States who intends to
land temporarily in Guam and solely in pursuit of his calling as a crewman and
to depart from Guam with the vessel on which he arrived;
E. Traders and Investors
INA 101(a)(15)(E):
an alien entitled to enter the United States under
and in pursuance of the provisions of a treaty of commerce and navigation
between the United States and the foreign state of which he is a national, and
the spouse and children of any such alien if accompanying or following to join
him:
(i) solely to carry on substantial trade, including trade
in services or trade in technology, principally between the United States and
the foreign state of which he is a national;
(ii) solely to develop and direct the operations of an
enterprise in which he has invested, or of an enterprise in which he is actively
in the process of investing, a substantial amount of capital;
or
(iii) solely to perform services in a specialty occupation in the United States
if the alien is a national of the Commonwealth of Australia and with respect
to whom the Secretary of Labor determines and certifies to the Secretary
of Homeland Security and the Secretary of State that the intending employer
has filed with the Secretary of Labor an attestation under section
F. Students
INA 101(a)(15)(F):
(i) an alien having a residence in a foreign country which he has no intention
of abandoning, who is a bona fide student qualified to pursue a full course
of study and who seeks to enter the United States temporarily and solely
for the purpose of pursuing such a course of study consistent with section
at an established college, university, seminary,
conservatory, academic high school, elementary school, or other academic
institution or in a language training program in the United States, particularly
designated by him and approved by the Attorney General after consultation with
the Secretary of Education, which institution or place of study shall have
agreed to report to the Attorney General the termination of attendance of each
nonimmigrant student, and if any such institution of learning or place of study
fails to make reports promptly the approval shall be withdrawn,
(ii) the alien spouse and minor children of any alien
described in clause (i) if accompanying or following to join such an alien, and
(iii) an alien who is a national of Canada or Mexico, who
maintains actual residence and place of abode in the country of nationality, who
is described in clause (i) except that the alien's qualifications for and actual
course of study may be full or part-time, and who commutes to the United States
institution or place of study from Canada or
Mexico;
G. Representatives to international organization
INA 101(a)(15)(G):
(i) a designated
principal resident representative of a foreign government recognized de jure by
the United States, which foreign government is a member of an international
organization entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations Immunities Act
(59 Stat. 669) 22 U.S.C. 288, note, accredited resident members of the staff of
such representatives, and members of his or their immediate
family;
(ii) other accredited representatives of such a foreign
government to such international organizations, and the members of their
immediate families;
(iii) an alien able to qualify under (i) or (ii) above
except for the fact that the government of which such alien is an accredited
representative is not recognized de jure by the United States, or that the
government of which he is an accredited representative is not a member of such
international organization, and the members of his immediate
family;
(iv) officers, or employees of such international
organizations, and the members of their immediate families;
(v) attendants, servants, and personal employees of any
such representative, officer, or employee, and the members of the immediate
families of such attendants, servants, and personal
employees;
H. Temporary employees
INA 101(a)(15)(H):
an alien (i) (b)
subject to section 212(j)(2), who is coming
temporarily to the United States to perform services (other than services
described in subclause (a) during the period in which such subclause applies and
other than services described in subclause (ii)(a) or in subparagraph (O) or
(P)) in a specialty occupation described in section 214(i)(1)
or as a fashion
model, who meets the requirements for the occupation specified in section
214(i)(2)
or, in the case
of a fashion model, is of distinguished merit and ability, and with respect to
whom the Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with the Secretary an application under
section 3b/
212(n)(1), or (b1) who is entitled to enter the United States under
and in pursuance of the provisions of an agreement listed in section
214(g)(8)(A), who is engaged in a
specialty occupation described in section 214(i)(3), and with respect to
whom the Secretary of Labor determines and certifies to the Secretary of
Homeland Security and the Secretary of State that the intending employer has
filed with the Secretary of Labor an attestation under section 212(t)(1), or (c) 3b/
who is coming
temporarily to the United States to perform services as a registered nurse, who
meets the qualifications described in section 212(m)(1), and with respect to
whom the Secretary of Labor determines and certifies to the Attorney General
that an unexpired attestation is on file and in effect under section
212(m)(2)
for the facility
(as defined in section 212(m)(6)) for which the alien
will perform the services; or
(ii)(a) having a residence in a foreign country which he has no intention
of abandoning who is coming temporarily to the United States to perform
agricultural labor or services, as defined by the Secretary of Labor in
regulations and including agricultural labor defined in section 3121(g)
of 3bbb/
the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the pressing of apples
for cider on a farm, of a temporary or seasonal nature, or
(b) having a residence in a foreign country which he has
no intention of abandoning who is coming temporarily to the United States to
perform other temporary service or labor if unemployed persons capable of
performing such service or labor cannot be found in this country, but this
clause shall not apply to graduates of medical schools coming to the United
States to perform services as members of the medical profession; or
(iii) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the United States as
a trainee, other than to receive graduate medical education or training, in a
training program that is not designed primarily to provide productive
employment; and the alien spouse and minor children of any such alien specified
in this paragraph if accompanying him or following to join
him;
I. Representatives of information media
INA 101(a)(15)(I):
upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative if accompanying or following to join him;
J. Exchange aliens
INA 101(a)(15)(J):
an alien having a residence in a foreign country which he has no intention
of abandoning who is a bona fide student, scholar, trainee, teacher, professor,
research assistant, specialist, or leader in a field of specialized knowledge
or skill, or other person of similar description, who is coming temporarily
to the United States as a participant in a program designated by the Director
of the United States Information Agency, for the purpose of teaching, instructing
or lecturing, studying, observing, conducting research, consulting, demonstrating
special skills, or receiving training and who, if he is coming to the United
States to participate in a program under which he will receive graduate
medical education or training, also meets the requirements of section 212(j),
and the alien spouse and minor children of any such alien if accompanying
him or following to join him;
K. Fiancees and finaces of United States citizens
INA 101(a)(15)(K):
subject to subsections (d) and (p) of section 214, an
alien who--
(i) is the fiancee or fiance of a citizen of the United
States and who seeks to enter the United States solely to conclude a valid
marriage with the petitioner within ninety days after
admission;
(ii) has concluded a
valid marriage with a citizen of the United States who is the petitioner, is the
beneficiary of a petition to accord a status under section
201(b)(2)(A)(i)
that was filed under section 204 by the petitioner, and
seeks to enter the United States to await the approval of such petition and the
availability to the alien of an immigrant visa;
or
(iii) is the minor
child of an alien described in clause (i) or (ii) and is accompanying, or
following to join, the alien;
L. Intercompany transferees
INA 101(a)(15)(L):
subject to section 214(c)(2), an alien who, within 3
years preceding the time of his application for admission into the United
States, has been employed continuously for one year by a firm or corporation or
other legal entity or an affiliate or subsidiary thereof and who seeks to enter
the United States temporarily in order to continue to render his services to the
same employer or a subsidiary or affiliate thereof in a capacity that is
managerial, executive, or involves specialized knowledge, and the alien spouse
and minor children of any such alien if accompanying him or following to join
him;
M. Students in established vocational or other recognized nonacademic institutions, other than in language training programs.
INA 101(a)(15)(M):
(i) an alien having a residence in a foreign country
which he has no intention of abandoning who seeks to enter the United States
temporarily and solely for the purpose of pursuing a full course of study at an
established vocational or other recognized nonacademic institution (other than
in a language training program) in the United States particularly designated by
him and approved by the Attorney General, after consultation with the Secretary
of Education, which institution shall have agreed to report to the Attorney
General the termination of attendance of each nonimmigrant nonacademic student
and if any such institution fails to make reports promptly the approval shall be
withdrawn,
(ii)
the alien spouse and minor children of any alien
described in clause (i) if accompanying or following to join such an alien, and
(iii)
an alien who is a national of Canada or Mexico, who
maintains actual residence and place of abode in the country of nationality, who
is described in clause (i) except that the alien's course of study may be full
or part-time, and who commutes to the United States institution or place of
study from Canada or Mexico;
N. Certain parents and children of section 101(a)(27)(I) special immigrants.
INA 101(a)(15)(N):
(i) the parent of an alien accorded the status of special immigrant under
paragraph (27)(I)(i)
(or under analogous authority under paragraph (27)(L)),
but only if and while the alien is a child, or
(ii) a child of such parent or of an alien accorded the
status of a special immigrant under clause (ii), (iii), or (iv) of paragraph
(27)(I)
(or under analogous authority under paragraph
(27)(L));
O. Aliens of extraordinary ability.
INA 101(a)(15)(O):
(an alien who:
(i) has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated by sustained
national or international acclaim or, with regard to motion picture and
television productions a demonstrated record of extraordinary achievement, and
whose achievements have been recognized in the field through extensive
documentation, and seeks to enter the United States to continue work in the area
of extraordinary ability; or
(ii)(I) seeks to enter the United States temporarily and
solely for the purpose of accompanying and assisting in the artistic or athletic
performance by an alien who is admitted under clause (i) for a specific event or
events,
(II) is an integral
part of such actual performance,
(III)(a) has critical
skills and experience with such alien which are not of a general nature and
which cannot be performed by other individuals, or
(b) in the case of a
motion picture or television production, has skills and experience with such
alien which are not of a general nature and which are critical either based on a
pre-existing long-standing working relationship or, with respect to the specific
production, because significant production (including pre- and post-production
work) will take place both inside and outside the United States and the
continuing participation of the alien is essential to the successful completion
of the production, and
(IV) has a foreign
residence which the alien has no intention of abandoning; or
(iii) is the alien spouse or child of an alien described
in clause (i) or (ii) and is accompanying, or following to join, the
alien;
(i)(a) is described in
section 214(c)(4)(A) (relating to athletes), or
(b) is described in section 214(c)(4)(B) (relating to
entertainment groups);
(ii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an integral part of the performance of
such a group, and
(II) seeks to enter the United States temporarily and solely
for the purpose of performing as such an artist or entertainer or with such a
group under a reciprocal exchange program which is between an organization or
organizations in the United States and an organization or organizations in one
or more foreign states and which provides for the temporary exchange of artists
and entertainers;
(iii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an integral part of the performance of
such a group, and
(II) seeks to enter the United States temporarily and solely
to perform, teach, or coach as such an artist or entertainer or with such a
group under a commercial or noncommercial program that is culturally unique;
or
(iv) is the spouse or child of an alien described in
clause (i), (ii), or (iii) and is accompanying, or following to join, the
alien;
Q. Ingternational cultural exchange visitor.
INA 101(a)(15)(Q):
(i)
an alien having a residence in a foreign country which he has no intention
of abandoning who is coming temporarily (for a period not to exceed 15
months) to the United States as a participant in an international cultural
exchange program approved by the Secretary of Homeland Security for the
purpose of providing practical training, employment, and the sharing of
the history, culture, and traditions of the country of the alien's nationality
and who will be employed under the same wages and working conditions as
domestic workers; or
(ii)(I)
an alien citizen of the United Kingdom or the Republic of Ireland, 21 to
35 years of age, unemployed for not less than 12 months, and having a residence
for not less than 18 months in Northern Ireland , or the counties of Louth,
Monaghan, Cavan, Leitrim, Sligo, and Donegal within the Republic of Ireland,
which the alien has no intention of abandoning who is coming temporarily
(for a period not to exceed 24 months) to the United States as a participant
in a cultural and training program approved by the Secretary of State and
the Secretary of Homeland Security under section 2(a) of the Irish Peace
Process Cultural and Training Program Act of 1998 for the purpose of providing
practical training, employment, and the experience of coexistence and conflict
resolution in a diverse society, and (II) the alien spouse and minor children
of any such alien if accompanying the alien or following to join the alien;
R. Religious workers.
INA 101(a)(15)(R):
an alien, and the spouse and children of the alien if
accompanying or following to join the alien,
who-
(i) for the 2 years
immediately preceding the time of application for admission, has been a member
of a religious denomination having a bona fide nonprofit, religious organization
in the United States; and
(ii) seeks to enter the
United States for a period not to exceed 5 years to perform the work described
in subclause (I), (II), or (III) of paragraph (27)(C)(ii);
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