Visas: Documentation of Immigrants and Nonimmigrants-Visa Classification Symbols

DEPARTMENT OF STATE

22 CFR Parts 41 and 42

[Public Notice 6798]

Visas: Documentation of Immigrants and Nonimmigrants—Visa Classification Symbols

AGENCY:

State Department.

ACTION:

Final rule.

SUMMARY:

The Department is amending its regulations to add new classification symbols to the immigrant and nonimmigrant classification tables. This amendment is necessary to implement legislation that created additional immigrant and nonimmigrant classifications as described herein. Additionally, the Department is amending or removing existing classifications that have changed as a result of new legislation or the expiration of legislative provisions that had temporarily authorized them.

DATES:

This rule is effective November 25, 2009.

FOR FURTHER INFORMATION CONTACT:

Emily C. Cooperman, Legislation and Regulations Division, Visa Services, U.S. Department of State, Washington, DC 20520-0106, phone (202) 663-1203.

SUPPLEMENTARY INFORMATION:

Which new immigrant classification symbol is being added?

A new immigrant classification for qualifying family members of U1 Nonimmigrant Victim of Criminal Activity, adjustment of status cases for: Spouse, SU2; Child, SU3; and Parent, SU5.

What is the background for the new immigrant classifications (SU2, SU3, SU5) for qualifying family members of U1 Nonimmigrants?

Under INA 245(m)(3), upon approval of adjustment of the status of a U1 principal alien, the Secretary of Homeland Security may approve a petition for an immigrant visa for a spouse (SU2), a child (SU3), or in the case of an alien child, a parent (SU5) who did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii) if the Secretary of Homeland Security considers such approval necessary to avoid extreme hardship. To request approval of immigrant visa status for such a relative, the principal alien must file with U.S. Citizenship and Immigration Services (USCIS) a Form I-929, Petition for Qualifying Family Member of a U1 Nonimmigrant. Upon approval of the petition, beneficiaries may apply for an immigrant visa at a visa processing post overseas.

Which immigrant classification is being amended due to new legislation?

Certain Iraqis (and Afghanis) employed by or on behalf of the United States Government in Iraq (and Afghanistan), SQ1; Spouse SQ2 and Child SQ3.

What is the background for the amended immigrant visa classifications SQ1, SQ2, SQ3?

In addition to Iraqis employed by or on behalf of the United States Government in Iraq, section 1244 of Public Law 110-181, section 602(b) of Division F, Title IV, of the Omnibus Appropriations Act, 2009, Public Law 111-8, authorizes SQ1 status for an Afghan national who has been employed by or on behalf of the United States Government in Afghanistan on or after October 7, 2001, for a period of not less than one year; has provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation from the alien's senior supervisor; has been determined by the Chief of Mission (COM) or the COM's designee to have experienced, or be experiencing an ongoing serious threat as a consequence of the employment by or on behalf of the U.S. Government. Further, the alien must clear a background check and appropriate screening as determined by the Department of Homeland Security, be otherwise eligible to receive an immigrant visa, and be otherwise admissible to the United States for permanent residence, except that, in the determination of such admissibility, the

grounds for inadmissibility specified in INA 212(a)(4) (8 U.S.C. 1182(a)(4)) relating to “public charge” shall not apply.

Which nonimmigrant classification symbols are being added?

The new nonimmigrant classification symbols are for: Temporary Commonwealth of the Northern Mariana Islands (CNMI)-only transitional workers (CW1, CW2); and Long-Term Investors in the Commonwealth of the Northern Mariana Islands (E2C).

What is the background for the new nonimmigrant classification (CW1 & CW2) for a CNMI transitional worker?

The Department of Homeland Security (DHS) created a new, temporary, CNMI-only transitional worker classification (CW) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, that will be implemented beginning November 28, 2009. The transitional worker program is intended to provide for an orderly transition from the CNMI permit system to the U.S. federal immigration system under the INA. A CW transitional worker is an alien worker who is ineligible for another classification under the INA and who performs services or labor for an employer in the CNMI. The CNRA imposes a five-year transition period before the INA requirements become fully applicable in the CNMI. The new CW classification (CW1 for principal transitional workers and CW2 for dependents) will be in effect for the duration of the transition period, unless extended by the Secretary of Labor.

What is the background for the new nonimmigrant classification (E2C CNMI) for a nonimmigrant investor?

The Department of Homeland Security is amending its regulations governing E2 nonimmigrant treaty investors to establish procedures for classifying long-term investors in the CNMI as E2C nonimmigrants. The DHS rule implements the CNMI nonimmigrant investor visa provisions of the CNRA extending the immigration laws of the United States to the CNMI. Among the CNMI-specific provisions applicable during the five-year transition period is a provision authorizing the Secretary of Homeland Security to classify an alien foreign investor in the CNMI as a CNMI-only E2C nonimmigrant investor under section 101(a)(15)(E)(ii) of the INA. This status is provided upon application of the alien and notwithstanding the treaty requirements otherwise applicable. Eligible investors are those who: were admitted to the CNMI in long-term investor status under CNMI immigration law before the transition program effective date; have continuously maintained residence in the CNMI under long-term investor status; are otherwise admissible to the United States under the INA; and maintain the investment(s) that formed the basis for the CNMI long-term investor status.

Why is the Department amending and removing the age restrictions for the T4 & T5 Nonimmigrant visa classes?

Section 201 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, amended section 101(a)(15)(T)(ii) of the INA to provide for T4 and T5 derivative status for any accompanying or following to join parent or unmarried sibling under the age of 18 of an alien who has been accorded T1 status as a victim of trafficking if the Secretary of Homeland Security determines that the parent or sibling faces a present danger of retaliation as a result of the victim's escape from the severe form of trafficking or cooperation with law enforcement. This provision applies without regard to the age of the T1 principal, and is in addition to existing authority in INA 101(a)(15)(T)(ii)(I) for T4 and T5 status for accompanying or following to join parents and unmarried siblings under age 18 of a principal alien who was under the age of 21 as of the date of the principal's application for T1 status. If the principal alien was under the age of 21 at the time of his or her application for T1 status, the parents and any unmarried sibling under 18 who are accompanying or following to join the principal would be entitled to T4 and T5 classification without a DHS determination that they face a present danger of retaliation.

What Classifications are being removed?

The Nonimmigrant Visa class “Irish Peace Process Program Participant;” Q2, and the Spouse or Child of the Q2, Q3.

Why are the Q2 and Q3 Classifications being removed?

Section 1(d) of Public Law 108-449 repealed the “Irish Peace Process Cultural and Training Program Act of 1998, Public Law 105-319, effective October 1, 2008.

Regulatory Findings

Administrative Procedure Act

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13273: Small Business

Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for immigrant and nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

The Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. 48, 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 will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

The Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121. 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 on the ability of United States-based companies to compete with foreign-based companies in domestic and import markets.

Executive Order 12866

The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of the regulation justify its costs. The Department does not consider the rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order

since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

This regulation will not have substantial direct effects 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 No. 12372 and No. 13132.

Executive Order 12988: Civil Justice Reform

The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

Paperwork Reduction Act

This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects

22 CFR Part 41

Aliens, Foreign Officials, Immigration, Nonimmigrants, Passports and Visas.

22 CFR Part 42

Immigration, Passports, Visas.

For the reasons stated in the preamble, the Department of State amends 22 CFR Parts 41 and 42 as follows:

PART 41—[AMENDED]

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

Authority:

8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 through 2681-801.

2. Revise § 41.12 to read as follows:

§ 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 on the visa. The following visa symbols shall be used:

Nonimmigrants

Symbol

Class

Section of law

A1

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

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

A2

Other Foreign Government Official or Employee, or Immediate Family

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

A3

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

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

B1

Temporary Visitor for Business

101(a)(15)(B).

B2

Temporary Visitor for Pleasure

101(a)(15)(B).

B1/B2

Temporary Visitor for Business & Pleasure

101(a)(15)(B).

C1

Alien in Transit

101(a)(15)(C).

C1/D

Combined Transit and Crewmember Visa

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

C2

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

101(a)(15)(C).

C3

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

212(d)(8).

CW1

Commonwealth of Northern Mariana Islands Transitional Worker

Section 6(d) of Pub. L. 94-241, as added by sec. 702(a) of Pub. L. 110-229.

CW2

Spouse or Child of CW1

Section 6(d) of Pub. L. 94-241, as added by sec. 702(a) of Pub. L. 110-229.

D

Crewmember (Sea or Air)

101(a)(15)(D).

E1

Treaty Trader, Spouse or Child

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

E2

Treaty Investor, Spouse or Child

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

E2C

Commonwealth of Northern Mariana Islands Investor, Spouse or Child

Section 6(c) of Pub. L. 94-241, as added by sec. 702(a) of Pub. L. 110-229.

E3

Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation

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

E3D

Spouse or Child of E3

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

E3R

Returning E3

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

F1

Student in an academic or language training program

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

F2

Spouse or Child of F1

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

F3

Canadian or Mexican national commuter student in an academic or language training program

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

G1

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

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

G2

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

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

G3

Representative of Nonrecognized or Nonmember Foreign Government to International Organization, or Immediate Family

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

G4

International Organization Officer or Employee, or Immediate Family

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

G5

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

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

H1B

Alien in a Specialty Occupation (Profession)

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

H1B1

Chilean or Singaporean National to Work in a Specialty Occupation

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

H1C

Nurse in health professional shortage area

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

H2A

Temporary Worker Performing Agricultural Services Unavailable in the United States

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

H2B

Temporary Worker Performing Other Services Unavailable in the United States

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

H3

Trainee

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

H4

Spouse or Child of Alien Classified H1B/B1/C, H2A/B, or H-3

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

I

Representative of Foreign Information Media, Spouse and Child

101(a)(15)(I).

J1

Exchange Visitor

101(a)(15)(J).

J2

Spouse or Child of J1

101(a)(15)(J).

K1

Fiance(e) of United States Citizen

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

K2

Child of Fiance(e) of U.S. Citizen

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

K3

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

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

K4

Child of K3

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

L1

Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation)

101(a)(15)(L).

L2

Spouse or Child of Intracompany Transferee

101(a)(15)(L).

M1

Vocational Student or Other Nonacademic Student

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

M2

Spouse or Child of M1

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

M3

Canadian or Mexican national commuter student (Vocational student or other nonacademic student)

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

N8

Parent of an Alien Classified SK3 or SN3

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

N9

Child of N8 or of SK1, SK2, SK4, SN1, SN2 or SN4

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

NATO 1

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.

NATO 2

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.

NATO 3

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

Art. 14, 5 UST 1096.

NATO 4

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

Art. 18, 5 UST 1098.

NATO 5

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

Art. 21, 5 UST 1100.

NATO 6

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.

NATO 7

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.

O1

Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics

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

O2

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

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

O3

Spouse or Child of O1 or O2

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

P1

Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group

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

P2

Artist or Entertainer in a Reciprocal Exchange Program

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

P3

Artist or Entertainer in a Culturally Unique Program

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

P4

Spouse or Child of P1, P2, or P3

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

Q1

Participant in an International Cultural Exchange Program

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

R1

Alien in a Religious Occupation

101(a)(15)(R).

R2

Spouse or Child of R1

101(a)(15)(R).

S5

Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise

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

S6

Certain Aliens Supplying Critical Information Relating to Terrorism

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

S7

Qualified Family Member of S5 or S6

101(a)(15)(S).

T1

Victim of a severe form of trafficking in persons

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

T2

Spouse of T1

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

T3

Child of T1

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

T4

Parent of T1

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

T5

Unmarried Sibling under age 18 of T1

101(a)(15)(T)(ii) as amended by sec. 201(a) of Pub. L. 110-457.

TN

NAFTA Professional

214(e)(2).

TD

Spouse or Child of NAFTA Professional

214(e)(2).

U1

Victim of criminal activity

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

U2

Spouse of U1

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

U3

Child of U1

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

U4

Parent of U1 under 21 years of age

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

U5

Unmarried Sibling under age 18 of U1 under 21 years of age

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

V1

Spouse of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa

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

V2

Child of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa

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

V3

Child of a V1 or V2

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

PART 42—[AMENDED]

3. The authority citation for Part 42 continues to read as follows:

Authority:

8 U.S.C. 1104; Pub. L. 107-56, sec. 421.

4. Revise § 42.11 to read as follows:

§ 42.11

Classification symbols.

A visa issued to an immigrant alien within one of the classes described below shall bear an appropriate visa symbol to show the classification of the alien.

Immigrants

Symbol

Class

Section of law

Immediate Relatives

IR1

Spouse of U.S. Citizen

201(b).

IR2

Child of U.S. Citizen

201(b).

IR3

Orphan Adopted Abroad by U.S. Citizen

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

IH3

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

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

IR4

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

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

IH4

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

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

IR5

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

201(b).

CR1

Spouse of U.S. Citizen (Conditional Status)

201(b) & 216.

CR2

Child of U.S. Citizen (Conditional Status)

201(b) & 216.

IW1

Certain Spouses of Deceased U.S. Citizens

201(b).

IW2

Child of IW1

201(b).

IB1

Self-petition Spouse of U.S. Citizen

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

IB2

Self-petition child of U.S. Citizen

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

IB3

Child of IB1

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

VI5

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

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

Vietnam Amerasian Immigrants

AM1

Vietnam Amerasian Principal

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

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 Public Law 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)

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 Public Law 100-102) as amended.

Special Immigrants

SB1

Returning Resident

101(a)(27)(A).

SC1

Person Who Lost U.S. Citizenship by Marriage

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

SC2

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

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

SI1

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

Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.

SI2

Spouse of SI1

Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.

SI3

Child of SI1

Section 1059 of Pub. L. 109-163 as amended by Pub. L. 110-36.

SM1

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

101(a)(27)(K).

SM2

Spouse of SM1

101(a)(27)(K).

SM3

Child of SM1

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, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.

SQ2

Spouse of SQ1

Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.

SQ3

Child of SQ1

Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Pub. L. 111-8 and Section 1244 of Pub. L. 110-181.

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

203(a)(1).

F12

Child of F11

203(d) & 203(a)(1).

B11

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

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

B12

Child of B11

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

Family 2nd Preference (Subject to Country Limitations)

F21

Spouse of Lawful Permanent Resident

203(a)(2)(A).

F22

Child of Lawful Permanent Resident

203(a)(2)(A).

F23

Child of F21 or F22

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

F24

Unmarried Son or Daughter of Lawful Permanent Resident

203(a)(2)(B).

F25

Child of F24

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

C21

Spouse of Lawful Permanent Resident (Conditional)

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

C22

Child of Alien Resident (Conditional)

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

C23

Child of C21 or C22 (Conditional)

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

C24

Unmarried Son or Daughter of Lawful Permanent Resident (Conditional)

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

C25

Child of F24 (Conditional)

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

B21

Self-petition Spouse of Lawful Permanent Resident

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

B22

Self-petition Child of Lawful Permanent Resident

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

B23

Child of B21 or B22

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

B24

Self-petition Unmarried Son or Daughter of Lawful Permanent Resident

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

B25

Child of B24

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

Family 2nd Preference (Exempt from Country Limitations)

FX1

Spouse of Lawful Permanent Resident

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

FX2

Child of Lawful Permanent Resident

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

FX3

Child of FX1 or FX2

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

CX1

Spouse of Lawful Permanent Resident (Conditional)

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

CX2

Child of Lawful Permanent Resident (Conditional)

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

CX3

Child of CX1 or CX2 (Conditional)

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

BX1

Self-petition Spouse of Lawful Permanent Resident

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

BX2

Self-petition Child of Lawful Permanent Resident

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

BX3

Child of BX1 or BX2

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

Family 3rd Preference

F31

Married Son or Daughter of U.S. Citizen

203(a)(3).

F32

Spouse of F31

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

F33

Child of F31

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

C31

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

203(a)(3) & 216.

C32

Spouse of C31 (Conditional)

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

C33

Child of C31 (Conditional)

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

B31

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

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

B32

Spouse of B31

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

B33

Child of B31

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

Family 4th Preference

F41

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

203(a)(4).

F42

Spouse of F41

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

F43

Child of F41

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

Employment-Based Preferences

Employment 1st Preference (Priority Workers)

E11

Alien with Extraordinary Ability

203(b)(1)(A).

E12

Outstanding Professor or Researcher

203(b)(1)(B).

E13

Multinational Executive or Manager

203(b)(1)(C).

E14

Spouse of E11, E12, or E13

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

E15

Child of E11, E12, or E13

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

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

E21

Professional Holding Advanced Degree or Alien of Exceptional Ability

203(b)(2).

E22

Spouse of E21

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

E23

Child of E21

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

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

E31

Skilled Worker

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

E32

Professional Holding Baccalaureate Degree

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

E34

Spouse of E31 or E32

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

E35

Child of E31 or E32

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

EW3

Other Worker (Subgroup Numerical Limit)

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

EW4

Spouse of EW3

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

EW5

Child of EW3

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

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

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

BC2

Accompanying spouse of BC1

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

BC3

Accompanying child of BC1

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

SD1

Minister of Religion

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

SD2

Spouse of SD1

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

SD3

Child of SD1

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

SE1

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

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

SE2

Spouse of SE1

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

SE3

Child of SE1

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

SF1

Certain Former Employees of the Panama Canal Company or Canal Zone Government

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

SF2

Spouse or Child of SF1

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

SG1

Certain Former Employees of the U.S. Government in the Panama Canal Zone

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

SG2

Spouse or Child of SG1

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

SH1

Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979

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

SH2

Spouse or Child of SH1

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

SJ1

Certain Foreign Medical Graduates (Adjustments Only)

101(a)(27)(H).

SJ2

Accompanying Spouse or Child of SJ1

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

SK1

Certain Retired International Organization employees

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

SK2

Spouse of SK1

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

SK3

Certain Unmarried Sons or Daughters of an International Organization Employee

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

SK4

Certain Surviving Spouses of a deceased International Organization Employee

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

SL1

Juvenile Court Dependent (Adjustment Only)

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

SN1

Certain retired NATO6 civilians

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

SN2

Spouse of SN1

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

SN3

Certain unmarried sons or daughters of NATO6 civilian employees

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

SN4

Certain surviving spouses of deceased NATO6 civilian employees

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

SP

Alien Beneficiary of a petition or labor certification application filed prior to September 11, 2001, if the petition or application was rendered void due to a terrorist act of September 11, 2001. Spouse, child of such alien, or the grandparent of a child orphaned by a terrorist act of September 11, 2001

Section 421 of Public Law 107-56.

SR1

Certain Religious Workers

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

SR2

Spouse of SR1

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

SR3

Child of SR1

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

Employment 5th Preference (Employment Creation Conditional Status)

C51

Employment Creation OUTSIDE Targeted Areas

203(b)(5)(A).

C52

Spouse of C51

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

C53

Child of C51

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

T51

Employment Creation IN Targeted Rural/High Unemployment Area

203(b)(5)(B).

T52

Spouse of T51

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

T53

Child of T51

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

R51

Investor Pilot Program, Not in Targeted Area

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

203(d) & 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.

R53

Child of R51

203(d) & 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.

I51

Investor Pilot Program, in Targeted Area

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

203(d) & 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.

I53

Child of I51

203(d) & 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.

Other Numerically Limited Categories

Diversity Immigrants

DV1

Diversity Immigrant

203(c).

DV2

Spouse of DV1

203(d) & 203(c).

DV3

Child of DV1

203(d) & 203(c).

November 16, 2009.

Michael D. Kirby,

Acting Assistant Secretary for Consular Affairs, Department of State.

[FR Doc. E9-28277 Filed 11-24-09; 8:45 am]

BILLING CODE 4710-06-P