[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4710-06-M