Nonimmigrant (Temporary) Classifications

The Nonimmigrant classes, some of which are further subdivided, are referred to by a letter designation. Our law currently uses 23 letters of the alphabet, A-V. In addition, we have a special "TN" classification for temporary workers from Canada and Mexico, who qualify under the North American Free Trade Agreement (NAFTA). Family derivatives of the TN workers are "TD's".

Interestingly, the legal source for the Nonimmigrants is contained in the definition of "Immigrant". Section 101(a)(15) of the Immigration and Naturalization Act. Every alien in, or coming, to the U.S. is considered an Immigrant unless she or he can qualify under one of the Nonimmigrant classifications. The statute has 23 subparagraphs, starting with (A). It just so happens that among the A's are foreign Ambassadors and other diplomatic personnel, and (R) designates religious workers. The most common Nonimmigrants are the visitors: B-2's are visitors for pleasure and B-1's are business visitors. F's are the students. J's are exchange visitors. H's, L's, O's and P's are temporary workers. E's are treaty traders or investors. Each classification involves differing eligibility criteria and procedural considerations. For some of the working categories, the U.S. Department of Labor is involved. Many, but not all, Nonimmigrants require a visa, issued by a U.S. consular officer, employed by the Department of State, abroad. The Department of Homeland Security (DHS), [formerly Immigration and Naturalization Services (INS)], is involved in adjudicating some, but not all, of the nonimmigrant applications prior to visa issuance. Visitor applications can be relatively routine. Canadian citizens do not require a visa to be admitted to the U.S. Individuals from many other countries, such as the United Kingdom, Western European countries, Japan, and Australia, do not require a visa to visit the U.S., but can be admitted at the border under the Visa Waiver program, and are allowed to stay for 90 days. Nonimmigrants, like Immigrants, may be barred from obtaining a visa or admission to the U.S. if they are within one or more inadmissible classes. One of the more common grounds of inadmissibility involves history of criminal conduct. Most nonimmigrants, however, are eligible to apply for a discretionary waiver, which if approved, will permit issuance of a visa and admission to the U.S.