You are using an unsupported browser. This web site is designed for the current versions of Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari.
The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. We recommend you directly contact the agency associated with the content in question.
If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below.
If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency
Enhanced content is provided to the user to provide additional context.
This content is from the eCFR and is authoritative but unofficial.
Navigate by entering citations or phrases (eg: 1 CFR 1.1 49 CFR 172.101 Organization and Purpose 1/1.1 Regulation Y FAR).
Choosing an item from citations and headings will bring you directly to the content. Choosing an item from full text search results will bring you to those results. Pressing enter in the search box will also bring you to search results.
Background and more details are available in the Search & Navigation guide.
| Subpart B | Classification of Nonimmigrants | 41.11 – 41.12 | ||||||
| ||||||||
8 U.S.C. 1101; 1102; 1103, 1104; 1182; 1184; 1185 note (Section 7209 of Pub. L. 108-458, as amended by Section 546 of Pub. L. 109-295); 1201; 1258; 1323; 1361; 2651a.
52 FR 42597, Nov. 5, 1987, unless otherwise noted.
Generate PDF (approximately 10+ pages)
This content is from the eCFR and may include recent changes applied to the CFR. The official, published CFR, is updated annually and available below under "Published Edition". You can learn more about the process here.
Subscribe to: 22 CFR Part 41 Subpart B
View the most recent official publication:
These links go to the official, published CFR, which is updated annually. As a result, it may not include the most recent changes applied to the CFR. Learn more.
Information and documentation can be found in our developer resources.
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
Learn more about the eCFR, its status, and the editorial process.
Nomenclature changes to part 41 appear at 71 FR 34521 and 34522, June 15, 2006.
(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 Program —
(1) Summary. This paragraph (c) establishes a program (Visa Bond Program) implementing INA § 221(g)(3). Under the Visa Bond Program, consular officers will require a Bond to be posted via the Visa Bond Program payment platform as a condition of visa issuance, for nationals of certain countries.
(2) Visa Bond Program Parameters. Under the program, consular officers will require Visa Bonds to be posted by visa applicants who are applying for visas as temporary visitors for business or pleasure (B-1/B-2) who are nationals of countries with high overstay rates, deficient information sharing, insufficient identity verification and criminal records, and/or that need improvement in the area of screening and vetting and the security of travel and civil documents, including in the granting of citizenship. Countries deemed to meet these criteria are identified on the Department's website at http://www.travel.state.gov. Additional countries may be identified on this website no less than 15 days prior to the initiation of the program for that country, and countries may be modified on a rolling basis. Consular officers will set the Visa Bond amount at $10,000, $15,000, or $20,000, based on a consular officer's assessment of which amount is sufficient to ensure the alien will maintain the status under which he or she was admitted or any status subsequently acquired under Section 248 of the INA and will not remain in the United States beyond the end of the alien's authorized period of stay. Visas issued under the Visa Bond Program will be valid for a single entry or multiple entries to the United States within three or up to 12 months of the date of visa issuance.
(3) Bond Waiver Authority. The Assistant Secretary for Consular Affairs, or his or her designate, may waive the bond requirement, for an alien, country, or a category of aliens, if the Assistant Secretary, or designate, assesses that such a waiver is not contrary to the national interest. A waiver of the bond requirement may be recommended to the Assistant Secretary for Consular Affairs by a consular officer where the consular officer has reason to believe the waiver would advance a national 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 or humanitarian interest based on the applicant's 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 posted after notification from a consular officer of the visa bond requirement. Upon the posting of such bond, the Department will receive notification that the bond has been posted. Under this Visa Bond Program, Visa Bonds will be administered by the Department, the Department of the Treasury, and DHS in accordance with regulations, procedures, and instructions promulgated by DHS for immigration bonds.
(i) Visa Bond Cancellation. A Visa Bond will be canceled when the associated visa expires or is canceled, if the visa holder is not in the United States, or the visa holder departs the United States after visa expiry, so long as the visa holder substantially performs with respect to the terms and conditions of the Visa Bond as set forth in the appropriate DHS form and under paragraph (c) of this section. To comply with the bond requirements, aliens must enter and depart the United States through commercial airports of entry—entry through CBP Preclearance locations is also permitted. Aliens who timely file a request for extension of stay or change of status and whose request for extension of stay or change of status is granted are not deemed to be in breach of bond as long as the alien complies with all the conditions of each specific nonimmigrant status which s/he is accorded while classified in such status. Such conditions include not accepting unauthorized employment and departing from the United States on or before the extended date (if any) to which s/he is authorized to remain in the United States.
(ii) Visa Bond Breach. A Visa Bond is breached when there has been a substantial violation of any of the terms and conditions of the bond for which the nonimmigrant visa has been issued, including any terms that may be set forth in the appropriate DHS forms and regulations. The following actions are considered to be violations under this paragraph:
(A) Remaining in the United States after expiration of the temporary period of admission;
(B) Filing an untimely request for a change of status;
(C) Not departing the United States within 10 days after denial of a timely and properly filed request for extension of stay or change of status;
(D) Filing an untimely request for an extension of stay of nonimmigrant status; or
(E) Filing for asylum or any other form of humanitarian protection that is submitted on Form I-589, Application for Asylum and for Withholding of Removal.
(5) Appeal of Bond Breach Determination. A determination of a bond breach may be appealed in accordance with instructions provided by DHS.
(6) Effect on other law. Nothing in this paragraph 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; 90 FR 37386, Aug. 5, 2025; 90 FR 38610, Aug. 11, 2025; 91 FR 48766, Aug. 3, 2026]
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:
| Symbol | Class | Section of law |
|---|---|---|
| A1 | Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family | INA 101(a)(15)(A)(i). |
| A2 | Other Foreign Government Official or Employee, or Immediate Family | INA 101(a)(15)(A)(ii). |
| A3 | Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family | INA 101(a)(15)(A)(iii). |
| B1 | Temporary Visitor for Business | INA 101(a)(15)(B). |
| B2 | Temporary Visitor for Pleasure | INA 101(a)(15)(B). |
| B1/B2 | Temporary Visitor for Business & Pleasure | INA 101(a)(15)(B). |
| C1 | Noncitizen in Transit | INA 101(a)(15)(C). |
| C1/D | Combined Transit and Crewmember Visa | INA 101(a)(15)(C) and (D). |
| C2 | Noncitizen in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement | INA 101(a)(15)(C). |
| C3 | 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). |
| D | Crewmember (Sea or Air) | INA 101(a)(15)(D). |
| E1 | Treaty Trader, Spouse or Child | INA 101(a)(15)(E)(i). |
| E2 | 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). |
| E3 | 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). |
| F1 | Student in an Academic or Language Training Program | INA 101(a)(15)(F)(i). |
| F2 | Spouse or Child of F1 | INA 101(a)(15)(F)(ii). |
| F3 | Canadian or Mexican National Commuter Student in an Academic or Language Training Program | INA 101(a)(15)(F)(iii). |
| G1 | Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family | INA 101(a)(15)(G)(i). |
| G2 | Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family | INA 101(a)(15)(G)(ii). |
| G3 | Representative of Non-recognized or Nonmember Foreign Government to International Organization, or Immediate Family | INA 101(a)(15)(G)(iii). |
| G4 | International Organization Officer or Employee, or Immediate Family | INA 101(a)(15)(G)(iv). |
| G5 | 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). |
| H3 | Trainee or Special Education Exchange Visitor | INA 101(a)(15)(H)(iii). |
| H4 | Spouse or Child of H1B, H1B1, H1C, H2A, H2B, or H3 | INA 101(a)(15)(H)(iv). |
| I | Representative of Foreign Information Media, Spouse and Child | INA 101(a)(15)(I). |
| J1 | Exchange Visitor | INA 101(a)(15)(J). |
| J2 | Spouse or Child of J1 | INA 101(a)(15)(J). |
| K1 | Fiancé(e) of United States Citizen | INA 101(a)(15)(K)(i). |
| K2 | Child of Fiancé(e) of U.S. Citizen | INA 101(a)(15)(K)(iii). |
| K3 | Spouse of U.S. citizen awaiting availability of immigrant visa | INA 101(a)(15)(K)(ii). |
| K4 | Child of K3 | INA 101(a)(15)(K)(iii). |
| L1 | Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment) | INA 101(a)(15)(L). |
| L2 | Spouse or Child of L1 | INA 101(a)(15)(L). |
| M1 | Vocational Student or Other Nonacademic Student | INA 101(a)(15)(M)(i). |
| M2 | Spouse or Child of M1 | INA 101(a)(15)(M)(ii). |
| M3 | Canadian or Mexican National Commuter Student (Vocational Student or Other Nonacademic Student) | INA 101(a)(15)(M)(iii). |
| N8 | Parent of an Individual Classified by DHS as SK3 or SN3 | INA 101(a)(15)(N)(i). |
| N9 | 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. |
| O1 | Worker with Extraordinary Ability or Achievement in Sciences, Arts, Education, Business, or Athletics | INA 101(a)(15)(O)(i). |
| O2 | Person Accompanying and Assisting in the Artistic or Athletic Performance by O1 | INA 101(a)(15)(O)(ii). |
| O3 | Spouse or Child of O1 or O2 | INA 101(a)(15)(O)(iii). |
| P1 | Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group | INA 101(a)(15)(P)(i). |
| P2 | Artist or Entertainer in a Reciprocal Exchange Program | INA 101(a)(15)(P)(ii). |
| P3 | Artist or Entertainer in a Culturally Unique Program | INA 101(a)(15)(P)(iii). |
| P4 | Spouse or Child of P1, P2, or P3 | INA 101(a)(15)(P)(iv). |
| Q1 | Participant in an International Cultural Exchange Program | INA 101(a)(15)(Q)(i). |
| R1 | Member of a Religious Denomination Performing Religious Work | INA 101(a)(15)(R). |
| R2 | Spouse or Child of R1 | INA 101(a)(15)(R). |
| S5 | Person Supplying Critical Information Relating to a Criminal Organization or Enterprise | INA 101(a)(15)(S)(i). |
| S6 | Person Supplying Critical Information Relating to Terrorism | INA 101(a)(15)(S)(ii). |
| S7 | Qualified Family Member of S5 or S6 | INA 101(a)(15)(S). |
| T1 | Victim of a Severe Form of Trafficking in Persons | INA 101(a)(15)(T)(i). |
| T2 | Spouse of T1 | INA 101(a)(15)(T)(ii). |
| T3 | Child of T1 | INA 101(a)(15)(T)(ii). |
| T4 | 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). |
| T5 | 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). |
| T6 | 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). |
| TN | USMCA Professional | INA 214(e)(1). |
| TD | Spouse or Child of TN | INA 214(e)(1). |
| U1 | Victim of Criminal Activity | INA 101(a)(15)(U)(i). |
| U2 | Spouse of U1 | INA 101(a)(15)(U)(ii). |
| U3 | Child of U1 | INA 101(a)(15)(U)(ii). |
| U4 | Parent of U1 Under 21 Years of Age | INA 101(a)(15)(U)(ii). |
| U5 | Unmarried Sibling Under Age 18 of U1 Under 21 Years of Age | INA 101(a)(15)(U)(ii). |
| V1 | Spouse of a Lawful Permanent Resident Awaiting Availability of Immigrant Visa | INA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii). |
| V2 | Child of a Lawful Permanent Resident Awaiting Availability of Immigrant Visa | INA 101(a)(15)(V)(i) or INA 101(a)(15)(V)(ii). |
| V3 | Child of a V1 or V2 | INA 101(a)(15)(V)(i) or INA 101 (a)(15)(V)(ii) & INA 203(d). |
[88 FR 45070, July 14, 2023]