[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Rules and Regulations]
[Pages 10497-10499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4588]



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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2171]


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: Legislation over the last several years has created several 
new nonimmigrant visa categories. This rule provides a new table of 
nonimmigrant visa symbols at Sec. 41.12 which reflects these changes. 
Minor editorial changes have also been made throughout.

EFFECTIVE DATE: This rule takes effect on February 27, 1995.

ADDRESSES: Chief, Legislation and Regulation Division, Visa Office, 
Washington, D.C. 20522-1013.

FOR FURTHER INFORMATION CONTACT:
Stephen K. Fischel, Chief, Legislation and Regulations Division, 202-
663-1204.

SUPPLEMENTARY INFORMATION: The passage of the Violent Crime Control and 
Law Enforcement Act of 1994 and the enactment of the North American 
Free Trade Agreement Implementation Act, which implemented the North 
American Free Trade Agreement (NAFTA), resulted in the creation of new 
nonimmigrant visa categories. The visa symbols for these nonimmigrant 
categories, S-1 and S-2 and TN and TD, are added to the list of 
nonimmigrant visa symbols at Sec. 41.12.

Aliens Supplying Critical Information Relating to a Criminal 
Organization or Enterprise

    On September 13, 1994, the President signed into law the Violent 
Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322). 
Section 130001 of this Act amends the Immigration and Nationality Act 
(INA)( by adding a new subparagraph (S) at INA 101(a)(15), thus 
establishing a new nonimmigrant (S) classification (``S-1'' and ``S-
2'') for these aliens and their dependents.

NAFTA Professionals

    In December 1993, the United States concluded the North American 
Free Trade Agreement (NAFTA) with Canada and Mexico. The North American 
Free Trade Agreement Implementation Act (Pub. L. 103-182) implementing 
the NAFTA agreement was signed by the President on December 8, 1993 and 
took effect January 1, 1994. Section 341 of the Implementation Act 
provided for certain professionals entering the United States under 
this agreement to be treated as if classified as nonimmigrants under 
INA 101(a)(15). The symbols TN and TD have been designated for these 
professionals and their dependents.

Final Rule

    This rule adds the S-1 and S-2 and TN and TD symbols to the list of 
nonimmigrant symbols at 22 CFR 41.12. This rule is not expected to have 
a significant impact on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. This rule imposes no 
reporting or record-keeping action from the public requiring the 
approval of the Office of Management and Budget under the Paperwork 
Reduction Act requirements. This rule has been reviewed as required by 
E.O. 12778 and certified to be in compliance therewith. This rule is 
exempted from E.O. 12866 but has been reviewed to ensure consistency 
therewith.

List of Subjects in 22 CFR Part 41

    Classification of nonimmigrants, Classification symbols, Visas.

    Accordingly, part 41 to 22 of the Code of Federal Regulations is 
amended to read as indicated below:

PART 41--[AMENDED]

    1. The authority citation for Part 41 is revised to read as 
follows:

    Authority: 8 U.S.C. 1101 and 1104; 19 U.S.C. 3401.

    2. Section 41.12 is revised to read as follows:


Sec. 41.12  Classification symbols.

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

                              Nonimmigrants                             
------------------------------------------------------------------------
     Symbol                 Class                  Section of law       
------------------------------------------------------------------------
A-1.............  Ambassador, Public        101(a)(15)(A)(i).           
                   Minister, Career                                     
                   Diplomat or Consular                                 
                   Officer, or Immediate                                
                   Family.                                              
A-2.............  Other Foreign Government  101(a)(15)(A)(ii).          
                   Official or Employee,                                
                   or Immediate Family.                                 
A-3.............  Attendant, Servant, or    101(a)(15)(A)(iii).         
                   Personal Employee of A-                              
                   1 or A-2, or Immediate                               
                   Family.                                              
B-1.............  Temporary Visitor for     101(a)(15)(B).              
                   Business.                                            
[[Page 10498]]
                                                                        
B-2.............  Temporary Visitor for     101(a)(15)(B).              
                   Pleasure.                                            
B-1/B-2.........  Temporary Visitor for     101(a)(15)(B).              
                   Business & Pleasure.                                 
C-1.............  Alien in Transit........  101(a)(15)(C).              
C-2.............  Alien in Transit to       101(a)(15)(C).              
                   United Nations                                       
                   Headquarters District                                
                   Under Sec. 11.(3), (4),                              
                   or (5) of the                                        
                   Headquarters Agreement.                              
C-3.............  Foreign Government        212(d)(8).                  
                   Official, Immediate                                  
                   Family, Attendant,                                   
                   Servant or Personal                                  
                   Employee, in Transit.                                
D...............  Crewmember (Sea or Air).  101(a)(15)(D).              
E-1.............  Treaty Trader, Spouse or  101(a)(15)(E)(i).           
                   Child.                                               
E-2.............  Treaty Investor, Spouse   101(a)(15)(E)(ii).          
                   or Child.                                            
F-1.............  Student.................  101(a)(15)(F)(i).           
F-2.............  Spouse or Child of F-1..  101(a)(15)(F)(ii).          
G-1.............  Principal Resident        101(a)(15)(G)(i).           
                   Representative of                                    
                   Recognized Foreign                                   
                   Government to                                        
                   International                                        
                   Organization, Staff, or                              
                   Immediate Family.                                    
G-2.............  Other Representative of   101(a)(15)(G)(ii).          
                   Recognized Foreign                                   
                   Member Government to                                 
                   International                                        
                   Organization, or                                     
                   Immediate Family.                                    
G-3.............  Representative of         101(a)(15)(G)(iii).         
                   Nonrecognized Nonmember                              
                   Foreign Government to                                
                   International                                        
                   Organization, or                                     
                   Immediate Family.                                    
G-4.............  International             101(a)(15)(G)(iv).          
                   Organization Officer or                              
                   Employee, or Immediate                               
                   Family.                                              
G-5.............  Attendant, Servant, or    101(a)(15)(G)(v).           
                   Personal Employee of G-                              
                   1 through G-4 or                                     
                   Immediate Family.                                    
H-1A............  Registered Nurse........  101(a)(15)(H)(i)(a).        
H-1B............  Alien in a Specialty      101(a)(15)(H)(i)(b).        
                   Occupation (Profession).                             
H-2A............  Temporary Worker          101(a)(15)(H)(ii)(a).       
                   Performing Agricultural                              
                   Services Unavailable In                              
                   the United States                                    
                   (Petition filed on or                                
                   After June 1, 1987).                                 
H-2B............  Temporary Worker          101(a)(15)(H)(ii)(b).       
                   Performing Other                                     
                   Services Unavailable in                              
                   the United States                                    
                   (Petition filed on or                                
                   After June 1, 1987).                                 
H-3.............  Trainee.................  101(a)(15)(H)(iii).         
H-4.............  Spouse or Child of Alien  101(a)(15)(H)(iv).          
                   Classified H-1A/B, H2A/                              
                   B, or H-3.                                           
I...............  Representative of         101(a)(15)(I).              
                   Foreign Information                                  
                   Media, Spouse and Child.                             
J-1.............  Exchange Visitor........  101(a)(15)(J).              
J-2.............  Spouse or Child of J-1..  101(a)(15)(J).              
K-1.............  Fiance(e) of United       101(a)(15)(K).              
                   States Citizen.                                      
K-2.............  Child of Fiance(e) of     101(a)(15)(K).              
                   U.S. Citizen.                                        
L-1.............  Intracompany Transferee   101(a)(15)(L).              
                   (Executive, Managerial,                              
                   and Specialized                                      
                   Knowledge Personnel                                  
                   Continuing Employment                                
                   with International Firm                              
                   or Corporation.                                      
L-2.............  Spouse or Child of        101(a)(15)(L).              
                   Intracompany Transferee.                             
M-1.............  Vocational Student or     101(a)(15)(M).              
                   Other Nonacademic                                    
                   Student.                                             
M-2.............  Spouse or Child of M-1..  101(a)(15)(M).              
N-8.............  Parent of an Alien        101(a)(15)(N)(i).           
                   Classified SK-3 Special                              
                   Immigrant.                                           
N-9.............  Child of N-8 or of an SK- 101(a)(15)(N)(ii).          
                   1, SK-2, or SK-4                                     
                   Special Immigrant.                                   
NATO-1..........  Principal Permanent       Art. 12, 5 UST 1094;        
                   Representative of        Art. 20, 5 UST 1098.        
                   Member State to NATO                                 
                   (including any of its                                
                   Subsidiary Bodies)                                   
                   Resident in the U.S.                                 
                   and Resident Members of                              
                   Official Staff;                                      
                   Secretary General,                                   
                   Assistant Secretary                                  
                   General, and Executive                               
                   Secretary of NATO;                                   
                   Other Permanent NATO                                 
                   Officials of Similar                                 
                   Rank, or Immediate                                   
                   Family.                                              
NATO-2..........  Other Representative of   Art. 13, 5 UST 1094;        
                   member state to NATO     Art. 1, 4 UST 1794.         
                   (including any of                                    
                   Subsidiary Bodies)                                   
                   including                                            
                   Representatives, its                                 
                   Advisers and Technical                               
                   Experts of Delegations,                              
                   Members of Immediate                                 
                   Art. 3, 4 UST 1796                                   
                   Family; Dependents of                                
                   Member of a Force                                    
                   Entering in Accordance                               
                   with the Provisions                                  
                   Status-of-Forces                                     
                   Agreement or in                                      
                   Accordance with the                                  
                   provisions of the                                    
                   Protocol on the Status                               
                   of International                                     
                   Military Headquarters;                               
                   Members of Such a Force                              
                   if Issued Visas.                                     
NATO-3..........  Official Clerical Staff   Art. 14, 5 UST 1096.        
                   Accompanying                                         
                   Representative of                                    
                   Member State to NATO                                 
                   (including any of its                                
                   Subsidiary Bodies) or                                
                   Immediate Family.                                    
NATO-4..........  Official of NATO (Other   Art. 18, 5 UST 1098.        
                   Than Those Classifiable                              
                   as NATO-1) or Immediate                              
                   Family.                                              
NATO-5..........  Expert, Other Than NATO   Art. 21, 5 UST 1100.        
                   Officials Classifiable                               
                   Under the NATO-4,                                    
                   Employed in Missions on                              
                   Behalf of NATO, and                                  
                   their Dependents.                                    
NATO-6..........  Member of a Civilian      Art. 1, 4 UST 1794;         
                   Component Accompanying   Art. 3, 5 UST 877.          
                   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 Dependents.                                
NATO-7..........  Attendant, Servant, or    Art. 12-20;                 
                   Personal Employee of     5 UST 1094-1098.            
                   NATO-1, NATO-2, NATO-3,                              
                   NATO-4, NATO-5, and                                  
                   NATO-6 Classes, or                                   
                   Immediate Family.                                    
O-1.............  Alien with Extraordinary  101(a)(15)(O)(i).           
                   Ability in Sciences,                                 
                   Arts, Education,                                     
                   Business or Athletics.                               
O-2.............  Accompanying Alien......  101(a)(15)(O)(ii).          
O-3.............  Spouse or Child of O-1    101(a)(15)(O)(iii).         
                   or O-2.                                              
P-1.............  Internationally           101(a)(15)(P)(i).           
                   Recognized Athlete or                                
                   Member of                                            
                   Internationally                                      
                   Recognized                                           
                   Entertainment Group.                                 
P-2.............  Artist or Entertainer in  101(a)(15)(P)(ii).          
                   a Reciprocal Exchange                                
                   Program.                                             
P-3.............  Artist or Entertainer in  101(a)(15)(P)(iii).         
                   a Culturally Unique                                  
                   Program.                                             
P-4.............  Spouse or Child of P-1,   101(a)(15)(P)(iv).          
                   P-2, or P-3.                                         
Q-1.............  Participant in an         101(a)(15)(Q).              
                   International Cultural                               
                   Exchange Program.                                    
R-1.............  Alien in a Religious      101(a)(15)(R).              
                   Occupation.                                          
R-2.............  Spouse or Child of R-1..  101(a)(15)(R).              
S-1.............  Certain Aliens Supplying  101(a)(15)(S)(i).           
                   Critical Information                                 
                   Relating to a Criminal                               
                   Organization or                                      
                   Enterprise.                                          
S-2.............  Certain Aliens Supplying  101(a)(15)(S)(ii).          
                   Critical Information                                 
                   Relating to Terrorism.                               
[[Page 10499]]
                                                                        
TN..............  NAFTA Professional......  214(e)(2).                  
TD..............  Spouse or Child of NAFTA  214(e)(2).                  
                   Professional.                                        
------------------------------------------------------------------------

Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-4588 Filed 2-24-95; 8:45 am]
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