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e-CFR data is current as of April 8, 2021

Title 22Chapter ISubchapter EPart 41 → Subpart B

Title 22: Foreign Relations

Subpart B—Classification of Nonimmigrants

§41.11   Entitlement to nonimmigrant status.
§41.12   Classification symbols.

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§41.11   Entitlement to nonimmigrant status.

(a) Presumption of immigrant status and burden of proof. An applicant for a nonimmigrant visa, other than an alien applying for a visa under INA 101(a)(15) (H)(i) or (L), shall be presumed to be an immigrant until the consular officer is satisfied that the alien is entitled to a nonimmigrant status described in INA 101(a)(15) or otherwise established by law or treaty. The burden of proof is upon the applicant to establish entitlement for nonimmigrant status and the type of nonimmigrant visa for which application is made.

(b) Aliens unable to establish nonimmigrant status. (1) A nonimmigrant visa shall not be issued to an alien who has failed to overcome the presumption of immigrant status established by INA 214(b).

(2) In a borderline case in which an alien appears to be otherwise entitled to receive a visa under INA 101(a)(15)(B) or (F) but the consular officer concludes that the maintenance of the alien's status or the departure of the alien from the United States as required is not fully assured, a visa may nevertheless be issued upon the posting of a bond with the Secretary of Homeland Security under terms and conditions prescribed by the consular officer.

(c) Visa Bond Pilot Program—(1) Summary. This paragraph (c) establishes a pilot program (Visa Bond Pilot Program) implementing section 221(g)(3) of the Immigration and Nationality Act (INA). Under the Visa Bond Pilot Program, consular officers will require a Maintenance of Status and Departure Bond (Visa Bond) be posted with the U.S. Department of Homeland Security, as a condition of visa issuance, for certain visa applicants.

(2) Visa Bond Pilot Program parameters. Under the Visa Bond Pilot Program, consular officers will require Visa Bonds be posted by visa applicants who meet the following three criteria:

(i) Apply for a B-1 and/or B-2 nonimmigrant visa;

(ii) Are nationals of one of the following countries, which had an overstay rate of ten percent or higher in Fiscal Year 2019, according to the DHS FY 2019 Overstay Report, https://www.dhs.gov/publication/entryexit-overstay-report, for B-1/B-2 visa applicants: Afghanistan, Angola, Bhutan, Burkina Faso, Burma, Burundi, Cabo Verde, Chad, Democratic Republic of the Congo (Kinshasa), Djibouti, Eritrea, the Gambia, Guinea-Bissau, Iran, Laos, Liberia, Libya, Mauritania, Papua New Guinea, Sao Tome and Principe, Sudan, Syria, and Yemen; and

(iii) Are granted a DHS waiver of inadmissibility under INA section 212(d)(3)(A) prior to visa issuance. Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000, based on a consular officer's assessment of which amount is sufficient to ensure the alien will not remain in the United States beyond the end of the alien's authorized period of stay, while not exceeding what the alien can pay. Visas issued under the Visa Bond Pilot Program will be valid for a single entry to the United States within three months of the date of visa issuance.

(3) Bond waiver authority. The Deputy Assistant Secretary for Visa Services may waive the bond requirement, for an alien, country, or a category of aliens, if the Deputy Assistant Secretary assesses that such a waiver is not contrary to the national interest. A waiver of the bond requirement may be recommended to the Deputy Assistant Secretary for Visa Services by a consular officer where the consular officer has reason to believe the waiver would advance a national interest or humanitarian interest. There will be no procedure for visa applicants to apply for a waiver of the bond requirement. Consular officers will determine whether a waiver would advance a significant national interest or humanitarian interest based on the applicants purpose of travel and employment, as described in the visa application and during the visa interview.

(4) Bond procedures. A Visa Bond required under paragraph (c) of this section must be submitted to and approved by DHS. Upon the posting of such bond, DHS will notify the appropriate consular section overseas. Under this Visa Bond Pilot Program, Visa Bonds will be administered by U.S. Immigration and Customs Enforcement (ICE) in accordance with regulations, procedures, and instructions promulgated by DHS applicable to ICE Form I-352, Immigration Bond. A Visa Bond will be canceled when a visa holder substantially performs with respect to the terms and conditions of the Visa Bond as set forth in paragraph G(4) of Form I-352. Conversely, a Visa Bond will be breached when there has been a substantial violation of the terms and conditions set forth in paragraph G(4) of Form I-352. To demonstrate that they performed within the bond requirements, visa holders may, for example, schedule an appointment at a consular section outside the United States within 30 days of their departure from the United States and, after establishing their identity through personal appearance and presentation of a passport, provide information to a consular officer confirming they departed the United States on or before the expiration of their authorized period of stay. Upon doing so, visa holders will have substantially performed bond requirements, provided they maintained the conditions of their status while admitted to the United States. Visa holders who do not appear at a consular section still may ensure cancellation of the bond if the visa holder substantially complies with the terms and conditions of the Visa Bond as set forth in paragraph G(4) of Form I-352 and provides ICE probative documentation of timely departure, if required. Visa holders who timely file an application for extension of stay or change of status are not deemed to be in breach of bond.

(5) Appeal of bond breach determination. A determination of a breach bond may be appealed in accordance with instructions on the applicable DHS forms governing bond breach determinations and appeal rights.

(6) Effect on other law. Nothing in this paragraph (c) shall be construed as altering or affecting any other authority, process, or regulation provided by or established under any other provision of Federal law.

[52 FR 42597, Nov. 5, 1987, as amended at 61 FR 1835, Jan. 24, 1996; 85 FR 74882, Nov. 24, 2020]

Effective Date Note: At 85 FR 74882, Nov. 24, 2020, §41.11 was amended by adding paragraph (c), effective Dec. 24, 2020, through June 24, 2021.

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§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:

SymbolClassSection of law
A1Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family101(a)(15)(A)(i).
A2Other Foreign Government Official or Employee, or Immediate Family101(a)(15)(A)(ii).
A3Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family101(a)(15)(A)(iii).
B1Temporary Visitor for Business101(a)(15)(B).
B2Temporary Visitor for Pleasure101(a)(15)(B).
B1/B2Temporary Visitor for Business & Pleasure101(a)(15)(B).
C1Alien in Transit101(a)(15)(C).
C1/DCombined Transit and Crewmember Visa101(a)(15)(C) and (D).
C2Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement101(a)(15)(C).
C3Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit212(d)(8).
DCrewmember (Sea or Air)101(a)(15)(D).
E1Treaty Trader, Spouse or Child101(a)(15)(E)(i).
E2Treaty Investor, Spouse or Child101(a)(15)(E)(ii).
E3Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation101(a)(15)(E)(iii).
E3DSpouse or Child of E3101(a)(15)(E)(iii).
E3RReturning E3101(a)(15)(E)(iii).
F1Student in an academic or language training program101(a)(15)(F)(i).
F2Spouse or Child of F1101(a)(15)(F)(ii).
F3Canadian or Mexican national commuter student in an academic or language training program101(a)(15)(F)(iii).
G1Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family101(a)(15)(G)(i).
G2Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family101(a)(15)(G)(ii).
G3Representative of Nonrecognized or Nonmember Foreign Government to International Organization, or Immediate Family101(a)(15)(G)(iii).
G4International Organization Officer or Employee, or Immediate Family101(a)(15)(G)(iv).
G5Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family101(a)(15)(G)(v).
H1BAlien in a Specialty Occupation (Profession)101(a)(15)(H)(i)(b).
H1B1Chilean or Singaporean National to Work in a Specialty Occupation101(a)(15)(H)(i)(b1).
H1CNurse in health professional shortage area101(a)(15)(H)(i)(c).
H2ATemporary Worker Performing Agricultural Services Unavailable in the United States101(a)(15)(H)(ii)(a).
H2BTemporary Worker Performing Other Services Unavailable in the United States101(a)(15)(H)(ii)(b).
H4Spouse or Child of Alien Classified H1B/B1/C, H2A/B/R, or H-3101(a)(15)(H)(iv).
IRepresentative of Foreign Information Media, Spouse and Child101(a)(15)(I).
J1Exchange Visitor101(a)(15)(J).
J2Spouse or Child of J1101(a)(15)(J).
K1Fiance(e) of United States Citizen101(a)(15)(K)(i).
K2Child of Fiance(e) of U.S. Citizen101(a)(15)(K)(iii).
K3Spouse of U.S. citizen awaiting availability of immigrant visa101(a)(15)(K)(ii).
K4Child of K3101(a)(15)(K)(iii).
L1Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation)101(a)(15)(L).
L2Spouse or Child of Intracompany Transferee101(a)(15)(L).
M1Vocational Student or Other Nonacademic Student101(a)(15)(M)(i).
M2Spouse or Child of M1101(a)(15)(M)(ii).
M3Canadian or Mexican national commuter student (Vocational student or other nonacademic student)101(a)(15)(M)(iii).
N8Parent of an Alien Classified SK3 or SN3101(a)(15)(N)(i).
N9Child of N8 or of SK1, SK2, SK4, SN1, SN2 or SN4101(a)(15)(N)(ii).
NATO 1Principal 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 FamilyArt. 12, 5 UST 1094; Art. 20, 5 UST 1098.
NATO 2Other 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 VisasArt. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796.
NATO 3Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate FamilyArt. 14, 5 UST 1096.
NATO 4Official of NATO (Other Than Those Classifiable as NATO1), or Immediate FamilyArt. 18, 5 UST 1098.
NATO 5Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their DependentsArt. 21, 5 UST 1100.
NATO 6Member 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 DependentsArt. 1, 4 UST 1794; Art. 3, 5 UST 877.
NATO 7Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate FamilyArts. 12-20, 5 UST 1094-1098.
O1Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics101(a)(15)(O)(i).
O2Alien Accompanying and Assisting in the Artistic or Athletic Performance by O1101(a)(15)(O)(ii).
O3Spouse or Child of O1 or O2101(a)(15)(O)(iii).
P1Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group101(a)(15)(P)(i).
P2Artist or Entertainer in a Reciprocal Exchange Program101(a)(15)(P)(ii).
P3Artist or Entertainer in a Culturally Unique Program101(a)(15)(P)(iii).
P4Spouse or Child of P1, P2, or P3101(a)(15)(P)(iv).
Q1Participant in an International Cultural Exchange Program101(a)(15)(Q)(i).
R1Alien in a Religious Occupation101(a)(15)(R).
R2Spouse or Child of R1101(a)(15)(R).
S5Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise101(a)(15)(S)(i).
S6Certain Aliens Supplying Critical Information Relating to Terrorism101(a)(15)(S)(ii).
S7Qualified Family Member of S5 or S6101(a)(15)(S).
T1Victim of a severe form of trafficking in persons101(a)(15)(T)(i).
T2Spouse of T1101(a)(15)(T)(ii).
T3Child of T1101(a)(15)(T)(ii).
T4Parent of a T1 under 21 years of age101(a)(15)(T)(ii).
T5Unmarried Sibling under age 18 of T1 under 21 years of age101(a)(15)(T)(ii).
T6Adult or Minor Child of a Derivative Beneficiary of a T1101(a)(15)(T)(ii).
TNNAFTA Professional214(e)(2).
TDSpouse or Child of a NAFTA Professional214(e)(2).
U1Victim of criminal activity101(a)(15)(U)(i).
U2Spouse of U1101(a)(15)(U)(ii).
U3Child of U1101(a)(15)(U)(ii).
U4Parent of U1 under 21 years of age101(a)(15)(U)(ii).
U5Unmarried Sibling under age 18 of U1 under 21 years of age101(a)(15)(U)(ii).
V1Spouse of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V2Child of a Lawful Permanent Resident Alien Awaiting Availability Of Immigrant Visa101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V3Child of a V1 or V2203(d) & 101(a)(15)(V)(i) or 101 (a)(15)(V)(ii).

[78 FR 68992, Nov. 18, 2013, as amended at 85 FR 38321, June 26, 2020]

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