Introduction
Congress has an interest in the visa categories by which foreign nationals may enter or be present in the United States and how they are being used. U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA), which was first codified in 1952 and has been amended significantly several times since.1 The United States has long distinguished temporary immigration from permanent immigration. Temporary immigration occurs through the admission of visitors for specific purposes and limited periods of time, and encompasses two dozen nonimmigrant categories (which are commonly referred to by the letter and numeral that denote their subparagraph in the INA).2 Permanent immigration occurs through family- and employer-sponsored immigrant categories, the diversity immigrant visa lottery, refugee and asylee admissions, and other pathways.
This brief report provides the following information:
This information is provided in two tables: Table 1 contains information for nonimmigrant visa categories, and Table 2 contains information for LPR categories.
|
Visa Category |
Description |
Initial Duration |
Annual Numeric Limit |
FY2023 Visa Issuances |
|
A-1 |
Ambassador, public minister, career diplomat, or consul, and immediate family |
Duration of assignment |
None |
9,448 |
|
A-2 |
Other foreign government official or employee, and immediate family |
Duration of assignment |
None |
98,550 |
|
A-3 |
Attendant, servant, or personal employee of A-1/A-2, and immediate family |
Up to three years |
None |
680 |
|
B-1 |
Visitor for business only |
Six months to one year |
None |
29,286 |
|
B-2 |
Visitor for pleasure only |
Six months to one year |
None |
8,085 |
|
B-1/B-2 |
Visitor for business and pleasure |
Six months to one year |
None |
5,902,426 |
|
B-1/B-2/ BCC |
Border crossing cards for Mexicans |
Up to 30 days (or longer if coupled with B-1 or B-2) |
None |
1,776,152 |
|
B-1/B-2/ BCV |
Mexican Lincoln Border Crossing Visa |
Up to 30 days (or longer if coupled with B-1 or B-2) |
None |
44,878 |
|
C-1 |
Person in transit |
Up to 29 days |
None |
15,420 |
|
C-1/D |
Combination transit/crew member |
Up to 29 days |
None |
353,164 |
|
C-2 |
Person in transit to United Nations Headquarters |
Up to 29 days |
None |
239 |
|
Foreign government official and immediate family, attendant, servant, or personal employee in transit |
Up to 29 days |
None |
4,044 |
|
|
CW-1 |
Commonwealth of the Northern Mariana Islands (CNMI) transitional worker |
Up to one year |
For FY2023: 11,000 |
1,845 |
|
CW-2 |
Spouse or child of CW-1 |
Up to one year |
None |
464 |
|
D |
Crew member |
Up to 29 days |
None |
10,038 |
|
Treaty trader, spouse or child, or employee |
Up to two years |
None |
5,806 |
|
|
E-2 |
Treaty investor, spouse or child, or employee |
Up to two years |
None |
54,812 |
|
E-2C |
CNMI treaty investor, spouse, or child |
Up to two years |
None |
42 |
|
E-3 |
Australian specialty occupation professional |
Up to two years |
10,500 |
4,434 |
|
E-3D |
Spouse or child of E-3 |
Up to two years |
None |
3,759 |
|
E-3R |
Returning E-3 |
Up to two years |
None |
2,410 |
|
F-1 |
Foreign student (academic or language training program) |
Duration of study (limited to 12 months for secondary school students) |
None |
445,418 |
|
F-2 |
Spouse or child of F-1 |
Duration of study |
None |
26,844 |
|
Principal resident representative of recognized foreign member government to international organization, staff, and immediate family |
Duration of assignment |
None |
4,935 |
|
|
G-2 |
Other representative of recognized foreign member government to international organization, staff, and immediate family |
Duration of assignment |
None |
16,657 |
|
G-3 |
Representative of nonrecognized or nonmember foreign government to international organization, staff, and immediate family |
Duration of assignment |
None |
375 |
|
G-4 |
International organization officer or employee, and immediate family |
Duration of assignment |
None |
25,809 |
|
G-5 |
Attendant, servant, or personal employee of G-1 through G-4, and immediate family |
Up to three years |
None |
200 |
|
H-1B |
Temporary worker—professional specialty occupation |
Specialty occupation: up to three years; Department of Defense (DOD) research & development: up to five years |
Specialty occupation or fashion model: 65,000, plus 20,000 for those with U.S. advanced degrees; renewals and certain research/education employers are not counted against cap; DOD research & development: 100 at any time |
265,777 |
|
H-1 B-1 |
Free trade agreement professional from Chile or Singapore |
Up to one year |
1,400 for Chile; 5,400 for Singapore |
Chile: 2,095 Singapore: 944 |
|
H-2A |
Temporary worker—agricultural workers |
Up to one year |
None |
310,676 |
|
H-2Bb |
Temporary worker—nonagricultural workers |
66,000 |
131,704 |
|
|
H-3 |
Temporary worker—trainee |
Alien trainee: up to two years Special education exchange visitor program: up to 18 months |
Alien trainee: none Special education exchange visitor program: 50 |
882 |
|
H-4 |
Spouse or child of H-1B, H-1B-1, H-2A, H-2B, or H-3 |
Same as H-1, H-2, or H-3 spouse/parent |
None |
186,748 |
|
I |
Representative of foreign information media, spouse or child |
Duration of employment |
None |
10,796 |
|
J-1 |
Cultural exchange visitor |
Duration of program |
None |
316,693 |
|
J-2 |
Spouse or child of J-1 |
Duration of program |
None |
32,028 |
|
K-1 |
Fiancé(e) of U.S. citizen |
Valid for four months; must marry within 90 days of entry to adjust to LPR status |
None |
19,825 |
|
K-2 |
Child of K-1 |
Same as parent |
None |
3,178 |
|
K-3 |
Spouse of U.S. citizen awaiting lawful permanent resident visa |
Up to two years |
None |
6 |
|
K-4 |
Child of K-3 |
Up to two years or until 21st birthday |
None |
0 |
|
Intracompany transferee (executive, managerial, and specialized personnel continuing employment with international firm or corporation) |
Up to three years; up to one year when beneficiary is coming to open or be employed in a new office |
None |
76,671 |
|
|
L-2 |
Spouse or child of L-1 |
Same as spouse/parent |
None |
83,277 |
|
M-1 |
Vocational student |
Duration of study |
None |
6,052 |
|
M-2 |
Spouse or child of M-1 |
Same as spouse/parent |
None |
195 |
|
Principal permanent representative of member nations to North Atlantic Treaty Organization (NATO), high ranking NATO officials, and immediate family members |
Tour of duty |
None |
5 |
|
|
NATO-2 |
Other representatives of member states to NATO (including any of its subsidiary bodies) and immediate family members; dependents of member of a force entering in accordance with provisions of NATO agreements, members of such force |
Tour of duty |
None |
7,058 |
|
NATO-3 |
Official clerical staff accompanying a representative of a member state to NATO, and immediate family |
Tour of duty |
None |
0 |
|
NATO-4 |
Officials of NATO (other than those classifiable as NATO-1), and immediate family |
Tour of duty |
None |
208 |
|
NATO-5 |
Experts employed in missions on behalf of NATO (other than NATO-4 officials), and their dependents |
Tour of duty |
None |
80 |
|
NATO-6 |
Civilian employees of a force entering in accordance with the provisions of NATO agreements or attached to NATO headquarters, and their dependents |
Tour of duty |
None |
856 |
|
NATO-7 |
Attendant, servant, or personal employee of NATO-1 through NATO-6, and immediate family |
Up to three years |
None |
0 |
|
N-8 |
Parent of certain special immigrants (pertaining to international organizations) |
Up to three years, as long as special immigrant remains a child |
None |
7 |
|
N-9 |
Child of N-8 or of certain special immigrants (pertaining to international organizations) |
Up to three years, or until no longer a child, whichever is shorter |
None |
1 |
|
O-1 |
Person with extraordinary ability in the sciences, arts, education, business, or athletics |
Up to three years |
None |
18,994 |
|
O-2 |
Person accompanying and assisting in the artistic or athletic performance by O-1 |
Up to three years |
None |
13,335 |
|
O-3 |
Spouse or child of O-1 or O-2 |
Up to three years |
None |
6,453 |
|
Internationally recognized athlete or member of an internationally recognized entertainment group and essential support |
Up to five years for individual, up to one year for group or team |
None |
24,165 |
|
|
P-2 |
Artist or entertainer in a reciprocal exchange program and essential support |
Up to one year |
None |
65 |
|
P-3 |
Artist or entertainer in a culturally unique program and essential support |
Up to one year |
None |
8,806 |
|
P-4 |
Spouse or child of P-1, P-2, or P-3 |
Same as spouse/parent |
None |
1,994 |
|
Q-1 |
International cultural exchange program participant |
Up to 15 months |
None |
1,677 |
|
R-1 |
Religious worker |
Up to 30 months |
None |
5,330 |
|
R-2 |
Spouse or child of R-1 |
Up to 30 months |
None |
2,679 |
|
S-5 |
Witness or informant in criminal matter |
Up to three years |
200 |
0 |
|
S-6 |
Witness or informant in terrorism matter |
Up to three years |
50 |
0 |
|
S-7 |
Spouse or child of S-5 and S-6 |
Up to three years |
None |
0 |
|
T-1 |
Victim of a severe form of trafficking in persons |
Up to four years; may adjust to LPR status if conditions are met |
5,000 |
0 |
|
T-2 |
Spouse of T-1 |
Same as T-1 |
None |
95 |
|
T-3 |
Child of T-1 |
Same as T-1 |
None |
340 |
|
T-4 |
Parent of T-1 under age 21 |
Same as T-1 |
None |
58 |
|
T-5 |
Unmarried sibling under age 18 of T-1 under age 21 |
Same as T-1 |
None |
50 |
|
T-6 |
Adult or minor child of T-2, T-3, T-4, or T-5 |
Same as T-1 |
None |
11 |
|
TN |
United States-Mexico-Canada Agreement (USMCA) professional |
Up to three years |
None |
32,904 |
|
TD |
Spouse or child of TN |
Up to three years |
None |
17,600 |
|
U-1 |
Victim or informant of criminal activity |
Up to four years; may adjust to LPR status if conditions are met. |
10,000 |
225 |
|
U-2 |
Spouse of U-1 |
Same as U-1 |
None |
216 |
|
U-3 |
Child of U-1 |
Same as U-1 |
None |
1,306 |
|
U-4 |
Parent of U-1 under age 21 |
Same as U-1 |
None |
18 |
|
U-5 |
Unmarried sibling under age 18 of U-1 under age 21 |
Same as U-1 |
None |
24 |
|
V-1c |
Spouse of LPR who has had immigrant visa petition pending for three years or longer; transitional visa that leads to LPR status when visa becomes available |
Up to two years |
None |
0 |
|
V-2c |
Child of LPR who has had immigrant visa petition pending for three years or longer |
Up to two years, or until 21st birthday |
None |
0 |
|
V-3c |
Child of V-1 or V-2 |
Up to two years, or until 21st birthday |
None |
0 |
|
Total |
10,438,327 |
Source: Visa Category, Description, Duration of Stay, and Annual Numeric Limit: §§101(a)(15), 212, and 214 of the Immigration and Nationality Act (8 U.S.C. §§1101(a)(15), 1182, and 1184); and §214 of 8 C.F.R. FY2023 Visa Issuances: U.S. Department of State, Report of the Visa Office 2023, Table XV (B).
a. Some visa categories allow for an extension of stay. For more information, see Appendix in CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States.
b. In recent years, Congress has enacted provisions authorizing DHS to make additional H-2B visas available (above the cap) subject to specified conditions. For more information, see CRS Report R44306, The H-2B Visa and the Statutory Cap.
c. No longer in use. Created in FY2001, V nonimmigrant visas allowed family members with pending immigrant visas to be in the United States with their LPR spouses and parents while waiting to complete the permanent immigration process. To be eligible for V visas, individuals must have had petitions for family preference immigrant visas filed on their behalf before December 21, 2000. No V visas have been issued since FY2007 because, by then, all such individuals were able to obtain LPR status.
|
LPR Category |
Description |
Annual Numeric Limit |
FY2023 LPR Recipientsa |
|
Employment-Based Preference Immigrants |
|||
|
EB-1 |
Priority workers |
40,040 |
57,140 |
|
EB-2 |
Professionals with advanced degrees or aliens of exceptional ability |
40,040 |
55,790 |
|
EB-3 |
Skilled workers, professionals, and needed unskilled workers |
40,040b |
57,310 |
|
EB-4 |
Special immigrants (including religious workers, employees of the U.S. government abroad, and juvenile court dependents) |
9,940c (including up to 5,000 religious workers and up to 3,500 employees of the U.S. government abroad) |
14,600 |
|
EB-5 |
Investors/employment creation |
9,940 |
11,930 |
|
Family-Based Immigrants |
|||
|
Immediate Relatives |
|||
|
IR-1 |
Spouses of U.S. citizens |
No annual limit |
276,080 |
|
IR-2 |
Children of U.S. citizens (includes orphans and adoptees) |
No annual limit |
67,150 |
|
IR-3 |
Parents of U.S. citizens |
No annual limit |
208,350 |
|
Family-Sponsored Preference Immigrants |
|||
|
F-1 |
Unmarried sons/daughters of U.S. citizens and their children |
23,400 |
23,690 |
|
F-2 |
Spouses, children, and unmarried sons/daughters of LPRs |
114,200 |
116,560 |
|
F-3 |
Married sons/daughters of U.S. citizens and their spouses and children |
23,400 |
19,180 |
|
F-4 |
Brothers/sisters of U.S. citizens (age 21 or older) and their spouses and children |
65,000 |
44,820 |
|
Diversity Immigrants |
Individuals from countries that send relatively few immigrants to the United States |
55,000d |
67,350 |
|
Refugees |
Aliens admitted to the United States as refugees based on persecution claims who have been physically present in the United States for at least one year |
No annual limit |
59,030 |
|
Asylees |
Aliens granted asylum based on persecution claims who have been physically present in the United States for at least one year |
No annual limit |
40,330 |
|
Other |
Includes parolees, children born abroad to alien residents, certain Iraqis and Afghans employed by the U.S. government, cancellation of removal, victims of human trafficking, and victims of crime |
Various limitse |
53,610 |
|
Total |
1,172,910 |
||
Source: LPR Category, Description, and Annual Numeric Limit: INA §§203(a), 203(b), and 204 (8 U.S.C. §§1153(a) 1153(b), and 1154). FY2023 Recipients: U.S. Department of Homeland Security, Yearbook of Immigration Statistics FY2023, Table 6.
a. Numbers are rounded to the nearest 10 by DHS and may not sum to total due to rounding. In general, instances in which the number of LPR recipients exceeds the statutory annual numeric limit are largely due to timing differences between when LPR status is officially granted, and when immigrants arrive in the United States and are counted by DHS as green card recipients. Such instances also result from the roll-downs of unused visa numbers from higher-priority categories. For more information, see Table 1 in CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. In FY2023, employment-based LPR recipients were substantially higher than usual, because the COVID-19 pandemic prevented sizable numbers of family-sponsored preference immigrant visas from being used in FY2022. The INA contains provisions that permit such unused immigrant visa numbers to "fall across" and be used for employment-based immigrants in the following fiscal year. For more information, see "Exceptions to Numerical Limits and the Per-Country Ceiling" in CRS Report R47164, U.S. Employment-Based Immigration Policy.
b. The INA limits EB-3 immigrant visas to 40,040 each year. Since FY2002, that ceiling has been reduced by up to 5,000 each year to accommodate adjustments made under the Nicaraguan Adjustment and Central American Relief Act (NACARA, Title II of P.L. 105-100, as amended by P.L. 105-139, Section 1(e)). For FY2023, this reduction was approximately 167.
c. The GRATEFUL Act (P.L. 118-31, §5104) provides for up to 3,500 visas to be made available within the EB-4 category to employees of the U.S. government abroad in FY2024, and 3,000 visas for every year thereafter. The act reduces the number of diversity immigrant visas by the number of such EB-4 visas so that the total number of immigrant visas issued does not exceed current statutory limits.
d. The INA provides for 55,000 diversity immigrant visas each year. Since FY1999, that ceiling has been reduced by up to 5,000 each year to accommodate adjustments made under NACARA. For FY2023, this reduction was approximately 167.
e. For more information on these categories, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
| 1. |
The INA is Title 8 of the U.S. Code. For an overview of U.S. immigration policy, see CRS Report R45020, Primer on U.S. Immigration Policy. |
| 2. |
These categories are found in INA §101(a)(15), 8 U.S.C. §1101(a)(15). |
| 3. |
Nonimmigrants are foreign nationals lawfully admitted to the United States for a specific purpose and period of time, including tourists, diplomats, students, temporary workers, and exchange visitors, among others. For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States. |
| 4. |
LPRs are foreign nationals lawfully admitted to the United States to live permanently. For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. |
Document ID: R45938