Visas: Nonimmigrant Visas; Immigrant Visas

Federal RegisterJul 14, 2023

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DEPARTMENT OF STATE

22 CFR Parts 41 and 42

[Public Notice: 12080]

RIN 1400-AF53

Visas: Nonimmigrant Visas; Immigrant Visas

AGENCY:

Department of State.

ACTION:

Final rule.

SUMMARY:

The Department of State (Department) amends its regulations governing nonimmigrant and immigrant visas to update classification symbols and descriptions for certain immigrant and nonimmigrant visas.

DATES:

This final rule is effective on September 12, 2023.

FOR FURTHER INFORMATION CONTACT:

Andrea Lage, Acting Senior Regulatory Coordinator, Visa Services, Bureau of Consular Affairs, 600 19th St. NW, Washington, DC 20522, (202) 485-7586,

VisaRegs@state.gov.

SUPPLEMENTARY INFORMATION:

I. What changes to 22 CFR 41.12, 41.84, and 42.11 does this Final Rule make?

The Department is amending 22 CFR 41.12 to include classification symbols and related descriptions for the CW-1, CW-2, E-2C, and T-6 visa classifications. The Department is also amending 22 CFR 42.11 to include classification symbols and related descriptions for surviving spouses and children, as described in Section 403(a) of the Emergency Security Supplemental Appropriations Act, 2021 (“ESSAA”), Public Law 117-31, 135 Stat. 309, as well as classification symbols and related descriptions for EB-5 immigrant visas initiated by the EB-5 Reform and Integrity Act of 2022, Division BB of the Consolidated Appropriations Act, 2022, Public Law 117-103 (“EB-5 Reform and Integrity Act”). The changes in the classification descriptions under this Final Rule will have no impact on who may qualify for such a visa; as such, this Final Rule will not practically impact any current applicant for any visa. This rule also makes technical corrections to the classification symbols for visa classifications to ensure the accurate inclusion of all active immigrant visa classifications.

II Why is the Department promulgating this Final Rule?

A. T Visas, Victims of Trafficking in Persons

The Trafficking Victims Protection Reauthorization Act of 2008, Public Law 106-386 amended Section 101(a)(15)(T)(ii)(III) of the INA to include parents and unmarried siblings under the age of 18 whose eligibility for T derivative classification is not tied to the age of the principal applicant, but rather to their present danger of retaliation as a result of the principal's escape from trafficking or cooperation with law enforcement, as determined by U.S. Citizenship and Immigration Services. These derivatives receive T-4 and T-5 visa classifications. Additionally, Section 1221 of the Violence Against Women Reauthorization Act of 2013, Public Law 113-4, amended Section 101(a)(15)(T)(ii)(III) of the INA by adding the T-6 derivative classification, which is available to an eligible adult or minor child of a T-1 principal applicant's derivative family member, if such derivative's adult or minor child themself faces a present danger of retaliation as a result of the principal's escape from trafficking or cooperation with law enforcement.

Classification symbols in existing regulations at 22 CFR 41.12 do not reflect the 2013 expansion of eligibility for the adult or minor child of a derivative beneficiary, and to address this, this rule amends 22 CFR 41.12 to add the T-6 classification symbol and description. This rule also adds details to existing descriptions of the T-4 and T-5 visa classification to better reflect the statutory criteria. The rule further amends 22 CFR 41.84 to reflect the current language more closely in INA section 101(a)(15)(T)(ii) which describes the family members who may qualify for T nonimmigrant status as certain accompanying or following-to-join derivative family members of a principal T-1 nonimmigrant. These classification codes are consistent with those used by the Department of Homeland Security.

B. CW Visas—Commonwealth of Northern Mariana Islands (CNMI) Transitional Workers

Section 6 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, Public Law 94-241, as amended by Section 702(a) of the Consolidated Natural Resources Act of 2008, Public Law 110-229, provides for nonimmigrant visas for certain CNMI transitional workers, investors, and their spouses and children. The Department classifies CNMI transitional workers as CW-1, spouses, or children of a CW-1 as a CW-2, and CNMI investors and their spouses or children as E-2C. This rule adds these nonimmigrant visa classifications to 22 CFR 41.12. These classification codes are consistent with those used by the Department of Homeland Security.

C. SS1 Classification—Surviving Spouses and Children of United States Government Employees Abroad

Section 403(a) of the ESSAA amended INA Section 101(a)(27)(D), 8 U.S.C. 1101(a)(27)(D), to change the definition of a special immigrant to include “the surviving spouse or child of an employee of the United States Government abroad:

Provided,

[t]hat the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty.” The Department classifies each surviving spouse and child of an employee of the United States Government abroad as an SS1. While this Final Rule does not address the parameters under which a noncitizen may qualify for issuance of an SS1 immigrant visa, this rule adds these special immigrant visa classifications to 22 CFR 42.11.

D. EB-5 Program Changes

The EB-5 Reform and Integrity Act made substantial changes to Section 203(b)(5) of the INA, 8 U.S.C. 1153(b)(5). The EB-5 Reform and Integrity Act sets forth an allocation of visas to qualified immigrant investors who invest in new commercial enterprises and satisfy applicable job creation requirements. Certain percentages of these visas are reserved for investors in rural areas, investors in areas designated by the Department of Homeland Security (DHS) as high unemployment areas, and investors in infrastructure projects.

The EB-5 Reform and Integrity Act repealed the former Regional Center Program under section 610 of Public Law 102-395 and authorized a new Regional Center Program. As a result of the new legislation, the Visa Office is adding new EB-5 classification symbols. An investor in a non-regional center for an unreserved visa is classified as NU-1 and the spouse and children of an NU-1 applicant are classified as an NU-2 and NU-3, respectively. An investor in a regional center for an unreserved visa is classified as an RU-1 applicant, and the spouse and children of an RU-1 applicant are classified as an RU-2 and RU-3, respectively. An applicant for a reserved visa who is an investor in a

non-regional center in a rural area is classified as an NR-1, and the spouse and children of an NR-1 applicant are classified as an NR-2 and NR-3, respectively. An applicant for a reserved visa who is an investor in a non-regional center in an area with high unemployment is classified as an NH-1, and the spouse and children of an NH-1 applicant are classified as an NH-2 and NH-3, respectively. An applicant for a reserved visa who is an investor in a regional center in a rural area is classified as an RR-1, and the spouse and children of an RR-1 applicant are classified as an RR-2 and RR-3, respectively. An applicant for a reserved visa who is an investor in a regional center in an area of high unemployment is classified as an RH-1, and the spouse and children of an RH-1 applicant are classified as an RH-2 and RH-3, respectively. An applicant for a reserved visa who is an investor in an infrastructure project is classified as an RI-1, and the spouse and children of an RI-1 applicant are classified as an RI-2 and RI-3, respectively. The previously used visa classifications for employment fifth preference immigrant visas (C51, C52, C53, T51, T52, T53, R51, R52, R53, I51, I52, and I53) will continue to be used for EB-5 immigrant visa applicants who had petitions pending with DHS at the time of the passage of the EB-5 Reform and Integrity Act. These classification symbols and descriptions are currently in use, and merely reflect the availability of these classifications for qualified applicants. The publication of these symbols will not impact processing of visas in other categories for any current or future applicant. These classification symbols are consistent with those used by the Department of Homeland Security.

E. Technical Changes

Additionally, this rule makes a technical change to remove a reference to H2R, which is a classification symbol no longer in use. The H2R nonimmigrant visa classification was introduced by Section 402 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13, as amended by Section 565 of the Consolidated Appropriations Act, 2016, Public Law 114-113. The H2R nonimmigrant visa classification was only authorized through the end of the 2016 fiscal year and has not been reauthorized.

F. Terminology

President Biden's Executive Order 14012, Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans (Feb. 2, 2021), affirms that the “Federal Government should develop welcoming strategies that promote integration [and] inclusion.” That Executive Order and Executive Order 14010, Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border (Feb. 2, 2021), do not use the terms “alien” or “illegal alien” to describe migrants.

Some opinions of the Supreme Court now use the term “noncitizen” in place of “alien.”

See, e.g., United States

Palomar-Santiago,

141 S. Ct. 1615, 1619 (2021);

Barton

Barr,

140 S. Ct. 1442, 1446 n.2 (2020) (“This opinion uses the term `noncitizen' as equivalent to the statutory term `alien.' ”) (citing 8 U.S.C. 1101(a)(3)).

Other agencies have begun to use noncitizen in place of alien in regulations and guidance and the Department has been using noncitizen and applicant in place of alien in guidance to consular officers since mid-2021. The Department intends to gradually replace or remove references to alien as it makes other amendments to its regulations in 22 CFR parts 41, and 42, and has done so in several descriptions of its nonimmigrant and immigrant visa classifications in this rule.

Regulatory Findings

A. Administrative Procedure Act

The publication of this rule as a final rule is based upon the “good cause” exception found at 5 U.S.C. 553(b)(3)(B) and (d)(3). A rule benefits from the good cause exception when the “agency for good cause finds . . . that notice and public procedure thereon are impractical, unnecessary, or contrary to the public interest.”

The Department finds that notice and comment for this rule are unnecessary as this rule proposes no new policy or procedure. This rule merely updates the list of classification symbols found in 22 CFR 41.12 and 42.11 to more closely reflect the classifications authorized under the Immigration and Nationality Act and other federal statutes; and provides clarifying descriptions in the associated classification-specific subsections.

5 U.S.C. 553(b)(3)(B).

For this reason, this rule is excepted from the notice and comment requirements of 5 U.S.C. 553(a)(1).

B. Regulatory Flexibility Act/Executive Order 13272: Small Business

As this final rule is excepted from notice and comment rulemaking under 5 U.S.C. 553(b) and 553(a), it is exempt from the regulatory flexibility analysis requirements set forth by the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

C. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or Tribal governments, or by the private sector. This rule does not require the Department of State to prepare a statement because it will not result in any such expenditure, nor will it significantly or uniquely affect small governments. This rule involves visas, which involve foreign individuals, and does not directly or substantially affect state, local, or tribal governments, or businesses.

D. Congressional Review Act of 1996

This rule is not a major rule as defined in 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and import markets.

E. Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review)

Executive Orders 12866 and 13563 direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). These Executive Orders stress the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department of State has examined this rule considering Executive Order 13563 and has determined that the rulemaking is consistent with the guidance therein. The Department of State has reviewed this rulemaking to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866. The Office of

Information and Regulatory Affairs has designated this rule “significant” in accordance with E.O. 12866. There are no anticipated direct costs to the public associated with this rule.

F. Executive Orders 12372 and 13132: Federalism

This regulation will not have substantial direct effect on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders 12372 and 13132.

G. Executive Order 12988: Civil Justice Reform

The Department of State has reviewed the rule considering sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

H. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments

The Department of State has determined that this rulemaking will not have Tribal implications, will not impose substantial direct compliance costs on Indian Tribal governments, and will not pre-empt Tribal law. Accordingly, the requirements of Section 5 of Executive Order 13175 do not apply to this rulemaking.

I. Paperwork Reduction Act

This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects

22 CFR Part 41

Aliens, Foreign officials, Passports and visas, Students.

22 CFR Part 42

Administrative practice and procedure, Aliens, Fees, Foreign officials, Immigration passports and visas.

Accordingly, for the reasons stated in the preamble, and under the authority 8 U.S.C. 1104 and 22 U.S.C. 2651(a), 22 CFR parts 41 and 42 are amended as follows:

PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

1. The authority citation for part 41 continues to read as follows:

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.

2. Revise § 41.12 to read as follows:

§ 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

Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family

INA 101(a)(15)(A)(i).

Other Foreign Government Official or Employee, or Immediate Family

INA 101(a)(15)(A)(ii).

Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family

INA 101(a)(15)(A)(iii).

Temporary Visitor for Business

INA 101(a)(15)(B).

Temporary Visitor for Pleasure

INA 101(a)(15)(B).

B1/B2

Temporary Visitor for Business & Pleasure

INA 101(a)(15)(B).

Noncitizen in Transit

INA 101(a)(15)(C).

C1/D

Combined Transit and Crewmember Visa

INA 101(a)(15)(C) and (D).

Noncitizen in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement

INA 101(a)(15)(C).

Foreign Government Official, Immediate Family, Attendant, Servant, or Personal Employee, in Transit

INA 212(d)(8).

CW1

Commonwealth of the Northern Mariana Islands—Only Transitional Worker

Section 6(d) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d).

CW2

Spouse or Child of CW1

Section 6(d) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d).

Crewmember (Sea or Air)

INA 101(a)(15)(D).

Treaty Trader, Spouse or Child

INA 101(a)(15)(E)(i).

Treaty Investor, Spouse or Child

INA 101(a)(15)(E)(ii).

E2C

Commonwealth of the Northern Mariana Islands Investor, Spouse or Child

Section 6(c) of Public Law 94-241, as added by Section 702(a) of Public Law 110-229; 48 U.S.C. 1806(d).

Australian National Coming to the United States Solely to Perform Services in a Specialty Occupation

INA 101(a)(15)(E)(iii).

E3D

Spouse or Child of E3

INA 101(a)(15)(E)(iii).

E3R

Returning E3

INA 101(a)(15)(E)(iii).

Student in an Academic or Language Training Program

INA 101(a)(15)(F)(i).

Spouse or Child of F1

INA 101(a)(15)(F)(ii).

Canadian or Mexican National Commuter Student in an Academic or Language Training Program

INA 101(a)(15)(F)(iii).

Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family

INA 101(a)(15)(G)(i).

Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family

INA 101(a)(15)(G)(ii).

Representative of Non-recognized or Nonmember Foreign Government to International Organization, or Immediate Family

INA 101(a)(15)(G)(iii).

International Organization Officer or Employee, or Immediate Family

INA 101(a)(15)(G)(iv).

Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family

INA 101(a)(15)(G)(v).

H1B

Temporary Worker in a Specialty Occupation

INA 101(a)(15)(H)(i)(b).

H1B1

Chilean or Singaporean Temporary Worker in a Specialty Occupation

INA 101(a)(15)(H)(i)(b1).

H1C

Registered Nurse in Health Professional Shortage Area

INA 101(a)(15)(H)(i)(c).

H2A

Temporary Worker Performing Agricultural Services

INA 101(a)(15)(H)(ii)(a).

H2B

Temporary Non-Agricultural Worker

INA 101(a)(15)(H)(ii)(b).

Trainee or Special Education Exchange Visitor

INA 101(a)(15)(H)(iii).

Spouse or Child of H1B, H1B1, H1C, H2A, H2B, or H3

INA 101(a)(15)(H)(iv).

Representative of Foreign Information Media, Spouse and Child

INA 101(a)(15)(I).

Exchange Visitor

INA 101(a)(15)(J).

Spouse or Child of J1

INA 101(a)(15)(J).

Fiancé(e) of United States Citizen

INA 101(a)(15)(K)(i).

Child of Fiancé(e) of U.S. Citizen

INA 101(a)(15)(K)(iii).

Spouse of U.S. citizen awaiting availability of immigrant visa

INA 101(a)(15)(K)(ii).

Child of K3

INA 101(a)(15)(K)(iii).

Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment)

INA 101(a)(15)(L).

Spouse or Child of L1

INA 101(a)(15)(L).

Vocational Student or Other Nonacademic Student

INA 101(a)(15)(M)(i).

Spouse or Child of M1

INA 101(a)(15)(M)(ii).

Canadian or Mexican National Commuter Student (Vocational Student or Other Nonacademic Student)

INA 101(a)(15)(M)(iii).

Parent of an Individual Classified by DHS as SK3 or SN3

INA 101(a)(15)(N)(i).

Child of N8 or of Individual Classified by DHS as SK1, SK2, SK4, SN1, SN2 or SN4

INA 101(a)(15)(N)(ii).

NATO1

Principal 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 Family

Art. 12, 5 UST 1094; Art. 20, 5 UST 1098.

NATO2

Other 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 Visas

Art. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796.

NATO3

Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate Family

Art. 14, 5 UST 1096.

NATO4

Official of NATO (Other Than Those Classifiable as NATO1), or Immediate Family

Art. 18, 5 UST 1098.

NATO5

Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their Dependents

Art. 21, 5 UST 1100.

NATO6

Member 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 Dependents

Art. 1, 4 UST 1794; Art. 3, 5 UST 877.

NATO7

Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate Family

Arts. 12-20, 5 UST 1094-1098.

Worker with Extraordinary Ability or Achievement in Sciences, Arts, Education, Business, or Athletics

INA 101(a)(15)(O)(i).

Person Accompanying and Assisting in the Artistic or Athletic Performance by O1

INA 101(a)(15)(O)(ii).

Spouse or Child of O1 or O2

INA 101(a)(15)(O)(iii).

Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group

INA 101(a)(15)(P)(i).

Artist or Entertainer in a Reciprocal Exchange Program

INA 101(a)(15)(P)(ii).

Artist or Entertainer in a Culturally Unique Program

INA 101(a)(15)(P)(iii).

Spouse or Child of P1, P2, or P3

INA 101(a)(15)(P)(iv).

Participant in an International Cultural Exchange Program

INA 101(a)(15)(Q)(i).

Member of a Religious Denomination Performing Religious Work

INA 101(a)(15)(R).

Spouse or Child of R1

INA 101(a)(15)(R).

Person Supplying Critical Information Relating to a Criminal Organization or Enterprise

INA 101(a)(15)(S)(i).

Person Supplying Critical Information Relating to Terrorism

INA 101(a)(15)(S)(ii).

Qualified Family Member of S5 or S6

INA 101(a)(15)(S).

Victim of a Severe Form of Trafficking in Persons

INA 101(a)(15)(T)(i).

Spouse of T1

INA 101(a)(15)(T)(ii).

Child of T1

INA 101(a)(15)(T)(ii).

Parent of a T1 under 21 years of age; or Parent of a T1 (Any Age) Who Faces Present Danger of Retaliation

INA 101(a)(15)(T)(ii).

Unmarried 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 Retaliation

INA 101(a)(15)(T)(ii).

Adult or Minor Child of a Derivative Beneficiary of a T1 (Any Age) Who Faces Present Danger of Retaliation

INA 101(a)(15)(T)(ii).

USMCA Professional

INA 214(e)(1).

Spouse or Child of TN

INA 214(e)(1).

Victim of Criminal Activity

INA 101(a)(15)(U)(i).

Spouse of U1

INA 101(a)(15)(U)(ii).

Child of U1

INA 101(a)(15)(U)(ii).

Parent of U1 Under 21 Years of Age

INA 101(a)(15)(U)(ii).

Unmarried Sibling Under Age 18 of U1 Under 21 Years of Age

INA 101(a)(15)(U)(ii).

Spouse of a Lawful Permanent Resident Awaiting Availability of Immigrant Visa

INA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii).

Child of a Lawful Permanent Resident Awaiting Availability of Immigrant Visa

INA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii).

Child of a V1 or V2

INA 101(a)(15)(V)(i) or INA 101 (a)(15)(V)(ii) & INA 203(d).

3. Revise § 41.84 to read as follows:

§ 41.84

Victims of trafficking in persons.

(a)

Eligibility.

Under INA 101(a)(15)(T)(ii), an applicant accompanying, or following to join, may acquire derivative status as a parent, spouse, sibling or child (derivative family member) based on a relationship to an individual (the principal) who has applied for or who has been granted T-1 nonimmigrant status under INA 101(a)(15)(T)(i) or may acquire derivative status as an adult or minor child of the principal's derivative family member if the adult or minor child faces a present danger of retaliation as a result of the principal's escape from trafficking or cooperation with law enforcement. Such applicant will be eligible for a visa if:

(1) The consular officer is satisfied that the applicant has the required relationship to an individual who has been granted status by the Secretary for Homeland Security under INA 101(a)(15)(T)(i); or the consular officer is satisfied that the applicant has the required relationship with a derivative family member;

(2) The consular officer is satisfied that the applicant is otherwise admissible under the immigration laws of the United States; and

(3) The consular officer has received a DHS-approved I-914, Supplement A, evidencing that the applicant has been granted derivative status.

(b)

Visa validity.

A qualifying derivative family member may apply for a nonimmigrant visa under INA 101(a)(15)(T)(ii) only during the period in which the principal is in status under INA 101(a)(15)(T)(i). Any visa issued pursuant to such application shall be valid only for a period of three years or until the expiration of the principal's status as an individual classified under INA 101(a)(15)(T)(i), whichever is shorter.

PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

4. The authority citation for part 42 is amended to read:

Authority:

8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-14954 (Pub. L. 106-279, 114 Stat. 825); 8 U.S.C. 1101 (Pub L. 117-31, 135 Stat. 309); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561).

5. Revise 42.11 to read as follows:

§ 42.11

Classification symbols.

An immigrant visa issued to an applicant who applies to one of the classes described below shall bear an appropriate visa symbol to show its classification.

Table 1 to § 42.11

Symbol

Class

Section of law

Immediate Relatives

IR1

Spouse of U.S. Citizen

INA 201(b).

IR2

Child of U.S. Citizen

INA 201(b).

IR3

Orphan Adopted Abroad by U.S. Citizen

INA 201(b) & INA 101(b)(1)(F).

IH3

Child from Hague Convention Country Adopted Abroad by U.S. Citizen

INA 201(b) & INA 101(b)(1)(G).

IR4

Orphan to be Adopted in U.S. by U.S. Citizen

INA 201(b) & INA 101(b)(1)(F).

IH4

Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen

INA 201(b) & INA 101(b)(1)(G).

IR5

Parent of U.S. Citizen at Least 21 Years of Age

INA 201(b).

CR1

Spouse of U.S. Citizen (Conditional Status)

INA 201(b) & INA 216.

CR2

Child of U.S. Citizen (Conditional Status)

INA 201(b) & INA 216.

IW1

Certain Spouses of Deceased U.S. Citizens

INA 201(b).

IW2

Child of IW1

INA 201(b).

IBI

Self-petition Spouse of U.S. Citizen

INA 204(a)(1)(A)(iii).

IB2

Self-petition Child of U.S. Citizen

INA 204(a)(1)(A)(iv).

IB3

Child of IB1

INA 204(a)(1)(A)(iii).

IB5

Self-petition Parent of U.S. Citizen

INA 204(a)(1)(A)(vii).

VI5

Parent of U.S. Citizen Who Acquired Permanent Resident Status under the Virgin Islands Nonimmigrant Alien Adjustment Act

INA 201(b) & Section 2 of the Virgin Islands Nonimmigrant Alien Adjustment Act (Pub. L. 97-271).

Vietnam Amerasian Immigrants

AM1

Vietnam Amerasian Principal

Section 584(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended.

AM2

Spouse or Child of AM1

Section 584(b)(1)(A) and 584(b)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended.

AM3

Natural Mother of AM1 (and Spouse or Child of Such Mother) or Person Who has Acted in Effect as the Mother, Father, or Next-of-Kin of AM1 (and Spouse or Child of Such Person)

Section 584(b)(1)(A) and 584(b)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended.

Special Immigrants

SB1

Returning Resident

INA 101(a)(27)(A).

SC1

Person Who Lost U.S. Citizenship by Marriage

INA 101(a)(27)(B) & INA 324(a).

SC2

Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces

INA 101(a)(27)(B) & INA 327.

SI1

Certain Persons Employed by the U.S. Government in Iraq or Afghanistan as Translators or Interpreters

Section 1059 of Public Law 109-163, as amended.

SI2

Spouse of SI1

Section 1059 of Public Law 109-163, as amended.

SI3

Child of SI1

Section 1059 of Public Law 109-163, as amended.

SM1

Person Recruited Outside the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces for 12 Years

INA 101(a)(27)(K).

SM2

Spouse of SM1

INA 101(a)(27)(K).

SM3

Child of SM1

INA 101(a)(27)(K).

SQ1

Certain Iraqis or Afghans Employed by or on Behalf of the U.S. Government

Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended.

SQ2

Spouse of SQ1

Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended.

SQ3

Child of SQ1

Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended.

SU2

Spouse of U1

INA 245(m)(3) & INA 101(a)(15)(U)(ii).

SU3

Child of U1

INA 245(m)(3) & INA 101(a)(15)(U)(ii).

SU5

Parent of U1

INA 245(m)(3) & INA 101(a)(15)(U)(ii).

Family-Sponsored Preferences

Family 1st Preference

F11

Unmarried Son or Daughter of U.S. Citizen

INA 203(a)(1).

F12

Child of F11

INA 203(b) & INA 203(a)(1).

B11

Self-petition Unmarried Son or Daughter of U.S. Citizen

INA 204(a)(1)(A)(iv) & INA 203(a)(1).

B12

Child of B11

INA 203(d), INA 204(a)(1)(A)(iv), & INA 203(a)(i).

Family 2nd Preference (Subject to Per-Country Limitations)

F21

Spouse of Lawful Permanent Resident

INA 203(a)(2)(A).

F22

Child of Lawful Permanent Resident

INA 203(a)(2)(A).

F23

Child of F21 or F22

INA 203(d) & INA 203(a)(2)(A).

F24

Unmarried Son or Daughter of Lawful Permanent Resident

INA 203(a)(2)(B).

F25

Child of F24

INA 203(d) & INA 203(a)(2)(B).

C21

Spouse of Lawful Permanent Resident (Conditional)

INA 203(a)(2)(A) & INA 216.

C22

Child of Lawful Permanent Resident (Conditional)

INA 203(a)(2)(A) & INA 216.

C23

Child of C21 or C22 (Conditional)

INA 203(a)(2)(A), INA 203(d) & INA 216.

C24

Unmarried Son or Daughter of Lawful Permanent Resident (Conditional)

INA 203(a)(2)(B) & INA 216.

C25

Child of C24 (Conditional)

INA 203(a)(2)(B), INA 203(d), & INA 216.

B21

Self-petition Spouse of Lawful Permanent Resident

INA 204(a)(1)(B)(ii).

B22

Self-petition Child of Lawful Permanent Resident

INA 204(a)(1)(B)(iii).

B23

Child of B21 or B22

INA 203(d) & INA 204(a)(1)(B)(ii).

B24

Self-petition Unmarried Son or Daughter of Lawful Permanent Resident

INA 204(a)(1)(B)(iii).

B25

Child of B24

INA 203(d) & INA 204(a)(1)(B)(iii).

Family 2nd Preference (Exempt from Per-Country Limitations)

FX1

Spouse of Lawful Permanent Resident

INA 202(a)(4)(A) & INA 203(a)(2)(A).

FX2

Child of Lawful Permanent Resident

INA 202(a)(4)(A) & INA 203(a)(2)(A).

FX3

Child of FX1 or FX2

INA 202(a)(4)(A), INA 203(a)(2)(A), & INA 203(d).

CX1

Spouse of Lawful Permanent Resident (Conditional)

INA 202(a)(4)(A), INA 203(a)(2)(A), & INA 216.

CX2

Child of Lawful Permanent Resident (Conditional)

INA 202(a)(4), INA 203(a)(2)(A), & INA 216.

CX3

Child of CX1 or CX2 (Conditional)

INA 202(a)(4)(A), INA 203(a)(2)(A), INA 203(d), & INA 216.

BX1

Self-petition Spouse of Lawful Permanent Resident

INA 204(a)(1)(B)(ii).

BX2

Self-petition Child of Lawful Permanent Resident

INA 204(a)(1)(B)(iii).

BX3

Child of BX1 or BX2

INA 203(d) & INA 204(a)(1)(B)(ii).

Family 3rd Preference

F31

Married Son or Daughter of U.S. Citizen

INA 203(a)(3).

F32

Spouse of F31

INA 203(d) & INA 203(a)(3).

F33

Child of F31

INA 203(d) & INA 203(a)(3).

C31

Married Son or Daughter of U.S. Citizen (Conditional)

INA 203(a)(3) & INA 216.

C32

Spouse of C31 (Conditional)

INA 203(d), INA 203(a)(3), & INA 216.

C33

Child of C31 (Conditional)

INA 203(d), INA 203(a)(3), & INA 216.

B31

Self-petition Married Son or Daughter of U.S. Citizen

INA 204(a)(1)(A)(iv) & INA 203(a)(3).

B32

Spouse of B31

INA 203(d), INA 204(a)(1)(A)(iv) & INA 203(a)(3).

B33

Child of B31

INA 203(d), INA 204(a)(1)(A)(iv), & INA 203(a)(3).

Family 4th Preference

F41

Brother or Sister of U.S. Citizen at Least 21 Years of Age

INA 203(a)(4).

F42

Spouse of F41

INA 203(a)(4) & INA 203(d).

F43

Child of F41

INA 203(a)(4) & INA 203(d).

Employment-Based Preferences

Employment 1st Preference (Priority Workers)

E11

Person with Extraordinary Ability

INA 203(b)(1)(A).

E12

Outstanding Professor or Researcher

INA 203(b)(1)(B).

E13

Multinational Executive or Manager

INA 203(b)(1)(C).

E14

Spouse of E11, E12, or E13

INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B), & INA 203(b)(1)(C).

E15

Child of E11, E12, or E13

INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B), & INA 203(b)(1)(C).

Employment 2nd Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability)

E21

Professional Holding Advanced Degree or Person of Exceptional Ability

INA 203(b)(2).

E22

Spouse of E21

INA 203(b)(2) & INA 203(d).

E23

Child of E21

INA 203(b)(2) & INA 203(d).

Employment 3rd Preference (Skilled Workers, Professionals, or Other Workers)

E31

Skilled Worker

INA 203(b)(3)(A)(i).

E32

Professional Holding Baccalaureate Degree

INA 203(b)(3)(A)(ii).

E34

Spouse of E31 or E32

INA 203(b)(3)(A)(i), INA 203(b)(3)(A)(ii), & INA 203(d).

E35

Child of E31 or E32

INA 203(b)(3)(A)(i), INA 203(B)(3)(A)(ii), & INA 203(d).

EW3

Other Worker (Subgroup Numerical Limit)

INA 203(b)(3)(A)(iii).

EW4

Spouse of EW3

INA 203(b)(3)(A)(iii) & INA 203(d).

EW5

Child of EW3

INA 203(b)(3)(A)(iii) & INA 203(d).

Employment 4th Preference (Certain Special Immigrants)

BC1

Broadcaster in the U.S. Employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a Grantee of Such Organization

INA 101(a)(27)(M) & INA 203(b)(4).

BC2

Accompanying Spouse of BC1

INA 101(a)(27)(M) & INA 203(b)(4).

BC3

Accompanying Child of BC1

INA 101(a)(27)(M) & INA 203(b)(4).

SD1

Minister of Religion

INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).

SD2

Spouse of SD1

INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).

SD3

Child of SD1

INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).

SE1

Certain Employee or Former Employee of the U.S. Government Abroad

INA 101(a)(27)(D) & INA 203(b)(4).

SE2

Spouse of SE1

INA 101(a)(27)(D) & INA 203(b)(4).

SE3

Child of SE1

INA 101(a)(27)(D) & INA 203(b)(4).

SF1

Former Employee of the Panama Canal Company or Canal Zone Government

INA 101(a)(27)(E) & INA 203 (b)(4).

SF2

Spouse or Child of SF1

INA 101(a)(27)(E) & INA 203 (b)(4).

SG1

Former Employee of the U.S. Government in the Panama Canal Zone (Panamanian National)

INA 101(a)(27)(F) & INA 203 (b)(4).

SG2

Spouse or Child of SG1

INA 101(a)(27)(F) & INA 203 (b)(4).

SH1

Former Employee of the Panama Canal Company or Canal Zone Government (Five Years of Service)

INA 101(a)(27)(G) & INA 203(b)(4).

SH2

Spouse or Child of SH1

INA 101(a)(27)(G) & INA 203(b)(4).

SJ1

Foreign Medical Graduate (Adjustment Only)

INA 101(a)(27)(H).

SJ2

Spouse or Child of SJ1

INA 101(a)(27)(H) & INA 203(b)(4).

SK1

Retired International Organization Employee

INA 101(a)(27)(I)(iii) & INA 203(b)(4).

SK2

Spouse of SK1

INA 101(a)(27)(I)(iv) & INA 203(b)(4).

SK3

Unmarried Son or Daughter of SK1

INA 101(a)(27)(I)(i) & INA 203(b)(4).

SK4

Surviving Spouse of a Deceased International Organization Employee

INA 101(a)(27)(I)(ii) & INA 203(b)(4).

SL1

Juvenile Court Dependent (Adjustment Only)

INA 101(a)(27)(J) & INA 203(b)(4).

SN1

Retired NATO6 Civilian Employee

INA 101(a)(27)(L) & INA 203(b)(4).

SN2

Spouse of SN1

INA 101(a)(27)(L) & INA 203(b)(4).

SN3

Unmarried Son or Daughter of SN1

INA 101(a)(27)(L) & INA 203(b)(4).

SN4

Surviving Spouse of Deceased NATO6 Civilian Employee

INA 101(a)(27)(L) & INA 203(b)(4).

Beneficiary of a Petition or Labor Certification Application Filed Prior to September 11, 2001, if the Petition or Application was Rendered Void Due to the Terrorist Acts of September 11, 2001, or the Spouse, Child of such Beneficiary, or the Grandparent of a Child Orphaned by a Terrorist Act of September 11, 2001

Section 421 of Public Law 107-56.

SR1

Religious Worker

INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4).

SR2

Spouse of SR1

INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4).

SR3

Child of SR1

INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4).

SS1

Surviving Spouse or Child of an Employee of the United States Government Abroad

INA 101(a)(27)(D)(ii).

Employment 5th Preference (Employment Creation Conditional Status) (Petitions Filed Before March 15, 2022)

C51

Employment Creation, Outside Targeted Area

INA 203(b)(5)(A).

C52

Spouse of C51

INA 203(b)(5)(A) & INA 203(d).

C53

Child of C51

INA 203(b)(5)(A) & INA 203(d).

T51

Employment Creation in Targeted Rural/High Unemployment Area

INA 203(b)(5)(B).

T52

Spouse of T51

INA 203(b)(5)(B) & INA 203(d).

T53

Child of T51

INA 203(b)(5)(B) & INA 203(d).

R51

Regional Center Program, Not in Targeted Area

INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.

R52

Spouse of R51

INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.

R53

Child of R51

INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.

I51

Regional Center Program, Target Area

INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.

I52

Spouse of I51

INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.

I53

Child of I51

INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.

Employment 5th Preference (Employment Creation Conditional Status) (Petitions Filed On or After March 15, 2022)

NU1

Investor in Non-Regional Center, Unreserved

INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).

NU2

Spouse of NU1

INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).

NU3

Child of NU1

RU1

Investor in Regional Center, Unreserved

RU2

Spouse of RU1

RU3

Child of RU1

NR1

Investor in Non-Regional Center, Set Aside—Rural

NR2

Spouse of NR1

NR3

Child of NR1

NH1

Investor in Non-Regional Center, Set Aside—High Unemployment

NH2

Spouse of NH1

NH3

Child of NH1

RR1

Investor in Regional Center, Set Aside—Rural

RR2

Spouse of RR1

RR3

Child of RR1

RH1

Investor in Regional Center, Set Aside—High Unemployment

RH2

Spouse of RH1

RH3

Child of RH1

RI1

Investor in Regional Center, Set Aside—Infrastructure

RI2

Spouse of RI1

RI3

Child of RI1

Other Categories

Diversity Immigrants

DV1

Diversity Immigrant

INA 203(c).

DV2

Spouse of DV1

INA 203(c) & 203(d).

DV3

Child of DV1

INA 203(c) & 203(d).

Rena Bitter,

Assistant Secretary for Consular Affairs, Department of State.

[FR Doc. 2023-14538 Filed 7-13-23; 8:45 am]

BILLING CODE 4710-06-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.