Aliens

Each applicant for a nonimmigrant visa must demonstrate that she or he has no intention of immigrating. Generally, the application requires detailed information about the alien's native residence, place of employment, reason for traveling to the United States, and destination. Most non-immigrant visas do not have annual numerical limits, but the INA does restrict those for professionals to 65,000; temporary agricultural work-ers to 66,000; and performing athletes, artists, and entertainers to 25,000.

Nonimmigrant aliens apply for a visa from one of 18 categories, each assigned a letter, as follows:

A. Career diplomats;

B. Temporary visitors for business and pleasure;

C. Aliens in transit;

D. Crew members;

E. Treaty traders and investors;

F. Students;

G. International organization representatives;

H. Temporary workers;

I. Foreign media representatives;

J. Exchange program visitors;

K. Fiancées, fiancés, or children of U.S. citizens;

L. Intracompany transferees;

M. Students in nonacademic institutions;

N. Parents and children of special immigrants;

O. Aliens with extraordinary abilities;

P. Entertainers;

Q. Participants in cultural exchange programs;

R. Religious workers.

The visas are further categorized by numbers—for example, A-1, A-2, and so forth.

Aliens use specific procedures for the particular visa sought. Broadly speaking, these fall into three classes: (1) applications that do not require contact with anyone in the United States (visas A, B, C, D, E, G, I, and O); (2) applications that require proof of acceptance in an authorized program (visas F, J, M, and Q, and visas for special education trainees); and (3) applications that require approved petitions which provide the basis for the alien's presence in the United States (visas H, K, L, P, and R). Over half of all visas require supporting documents at the time of application. For example, an alien hoping to work temporarily in the United States as a regis-tered nurse needs an employer's petition to obtain an H-1A visa. Similarly, an alien planning to study at a university must present proof of acceptance at the university for an F-1 visa. An alien engaged to a U.S. citizen will never see a K visa—let alone get married—unless the citizen has filed a petition. In all cases, consular officials make the final decision. Generally, no JUDICIAL REVIEW is available.

Once admitted into the United States, aliens are inspected by Bureau of Border Security Enforcement officers, who give them a form I-94 indicating the length and terms of their stay. Most aliens ultimately return to their country of origin. Some wish to stay and immigrate. Generally, all nonimmigrant visa holders who are in the United States may apply to have their visa status adjusted to permanent-resident status, with the exception of crew member visa (visa D) holders. To qualify, the alien must have been inspected and admitted or paroled into the United States and must meet standard eligibility requirements for obtaining an immigrant visa, and an immigrant visa must be immediately available at the time the application is filed. In addition, the alien must not have been in an unlawful status or, with few exceptions, have accepted any unauthorized employment.