2019-12: Update Visa Types that are Eligible for Residency Determination

Database 
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Visa Type Menu 
Listing

Residency?

 Visa and Description

A1

A‐1

YES

A‐1 Ambassador, Public Minister, Career Diplomat, Consular

Officer, Head of State, and immediate family members

A2

A‐2

YES

A‐2 Other foreign government officials or employees coming to the United States and immediate family members. Includes technical and support staff of A‐1

A3

A‐3

YES

A‐3 Attendants, Servants and Personal employees of A‐1 and A‐2 and immediate family members

B1

B‐1

no

B‐1 Temporary visitor for business

B2

B‐2

no

B‐2 Temporary visitor for pleasure

BCC

BCC

no

BCC Border Crossing Card: Mexico

BE

BE

no

BE Bering Straits agreement entrants

C1

C‐1

no

C‐1 Alien in transit (direct and continuous travel through the

United States)

C1D

C‐1D

no

C‐1D Combined transit and crewman visa

C2

C‐2

no

C‐2 Alien in transit to the U.N. headquarters

C3

C‐3

no

C‐3 Foreign government official, members of immediate family, attendants, servants or other personal employee of official in transit through the United States

C4

C‐4

no

C‐4 Transit without Visa, see TWOV

D1

D‐1

no

D‐1 Crewmen departing on same vessel of arrival, crewmen departing on same aircraft or same airline

D2

D‐2

no

D‐2 Crewmen departing on vessel other than one of arrival.

Airmen departing on different airline that one of arrival

E1

E‐1

YES

E‐1 Treaty trader, spouse, and children

E2

E‐2

YES

E‐2 Treaty investor, spouse, and children coming to develop and direct a bona fide enterprise in which he/she has invested a substantial amount of capital

E3

E‐3

YES

E‐3 Australian nationals working in specialty occupations

E3D

E‐3D

YES

E‐3D Spouse or child of E‐3

E3R

E‐3R

YES

E‐3R Returning E‐3

F1

F‐1

no

F‐1 Academic student

F2

F‐2

no

F‐2 Spouse or child of student

F3

F‐3

no

F‐3 Canadian and Mexican Academic Students who commute across the US land border to school.

G1

G‐1

YES

G‐1 Principal resident representative of recognized foreign member government to international organization, staff, and immediate family members

G2

G‐2

YES

G‐2 Other temporary representative of recognized foreign member government to international organization and immediate family members

G3

G‐3

YES

G‐3 Representative of non‐recognized or nonmember foreign government to international organization and immediate family members

G4

G‐4

YES

G‐4 International organization officer or employee and immediate family members

G5

G‐5

YES

G‐5 Attendant, servant, or personal employee of G‐1 through G‐4 and immediate family members

GB

GB

NO

GB Temporary visitor for business, Guam

GT

GT

NO

GT Temporary visitor for pleasure, Guam

H1

H‐1

NO

H‐1 Temporary worker of distinguished merit and ability (Note: This VISA type no longer exists. Per CCCCO, leave in list for historical reasons; eligibility: NO.)

H1A

H‐1A

NO

H‐1A Temporary worker performing services as a registered nurse (Note: This VISA type no longer exists. Per CCCCO, leave in list for historical reasons; eligibility: NO.)

H1B

H‐1B

YES

H‐1B Specialty occupation (professionals), DOD workers, fashion models

H1B1

H‐1B1

NO

H‐1B1 Specialty occupation, entering under free trade agreements with Chile and Singapore

H1C

H‐1C

NO

H‐1C Nurses going to work for up to 3 years in health professional shortage areas (Note: This VISA type no longer exists. Per CCCCO, leave in list for historical reasons; eligibility: NO.)

H2A

H‐2A

no

H‐2A Temporary or seasonal agriculture workers

H2B

H‐2B

no

H‐2B Non-agricultural temporary or seasonal workers

H2R

H‐2R

no

H‐2R Returning H‐2B worker

H3

H‐3

no

H‐3 Trainee or participant in special education exchange visitor program

H4

H‐4

YES

H‐4 Spouse or child of H‐1, H‐2, H‐3 (parent/spouse visa type determines whether holder may or may not establish residency) Yes if parent or spouse has a H1A, H1B or H1C. Valid dates required for H4 only.

I

I

YES

I Representative of foreign information media, spouse, and children

J1

J‐1

no

J‐1 Exchange visitor

J2

J‐2

no

J‐2 Spouse or minor child of exchange visitor

K1

K‐1

YES

K‐1 Fiancé or fiancée of U.S. Citizen

K2

K‐2

YES

K‐2 Minor child of K‐1

K3

K‐3

YES

K‐3 Spouse of U.S. Citizen (under LIFE Act provisions)

K4

K‐4

YES

K‐4 Child of K‐3

L1A

L‐1A

YES

L‐1A Intra company transferee (executive, managerial and specialized personnel) entering to continue employment with the same employer or a subsidiary or affiliate thereof

L1B

L‐1B

YES

L‐1B Executive, manager or has specialized skill of international firm

L2

L‐2

YES

L‐2 Spouse or child of L‐1

M1

M‐1

no

M‐1 Vocational or non‐academic student

M2

M‐2

no

M‐2 Spouse or child of M‐2

M3

M‐3

no

M‐3 Border commuter student

N8

N‐8

YES

N‐8 Parent of alien classified SK‐3 “special immigrant”

N9

N‐9

YES

N‐9 Child of N‐8, SK‐1, SK‐2, or SK‐4 “special immigrant”

NATO1

NATO‐1

YES

NATO‐1 Principal permanent representative of member state to

NATO and resident members of official staff or immediate family

NATO2

NATO‐2

YES

NATO‐2 Other representatives of member state; dependents of member of a force entering in accordance with the provisions of NATO Status‐of‐Forces agreement; members of such force if issued visas

NATO3

NATO‐3

YES

NATO‐3 Official clerical staff accompanying representative of member state to NATO or immediate family

NATO4

NATO‐4

YES

NATO‐4 Official of NATO other than those qualified under

NATO‐4, employed on behalf of NATO and immediate family

NATO5

NATO‐5

YES

NATO‐5 Expert other than NATO officials qualified under NATO‐

4, employed on behalf of NATO and immediate family

NATO6

NATO‐6

YES

NATO‐6 Member of civilian component who is either accompanying a Force entering in accordance with the provision of the NATO Status‐of‐Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents

NATO7

NATO‐7

YES

NATO‐7 Servant or personal employee of NATO‐1 through

NATO‐6, or immediate family

O1

O‐1

YES

O‐1 Aliens of extraordinary ability

O2

O‐2

no

O‐2 Accompanying alien who is coming solely to assist in the artistic or athletic performance by an O‐1

O3

O‐3

YES

O‐3 Spouse and/or child of O‐1 only (Type 0‐2_is not eligible. Yes if parent or spouse has an O‐1 only. Valid dates for O‐3 required.

P1

P‐1

no

P‐1 Internationally recognized professional artists, athletes, entertainers, and “essential support personnel”

P2

P‐2

no

P‐2 Artist or entertainer in reciprocal exchange programs

P3

P‐3

no

P‐3 Artists and entertainers coming to perform, teach, or coach a culturally unique program.

P4

P‐4

no

P‐4 Spouses and/or children of P‐1, P‐2, P‐3

Q1

Q‐1

no

Q‐1 International cultural exchange visitor

Q2

Q‐2

no

Q‐2 Irish Peace Process cultural and training program (Walsh

Visas)

Q3

Q‐3

no

Q‐3 Spouse or child of Q‐2

R1

R‐1

YES

R‐1 Religious workers

R2

R‐2

YES

R‐2 Spouse or child of R‐1

S5

S‐5

no

S‐5 Alien witness or informant possessing critical, reliable information concerning a criminal organization or enterprise whose presence in the United States is required for the successful investigation or prosecution of the criminal organization

S6

S‐6

no

S‐6 Alien witness or informant possessing critical reliable information about terrorist organization, enterprise, or operation, who will be placed in danger as a result of supplying that information; and is eligible to receive a reward under separate U.S. State Department legislation

S7

S‐7

no

S‐7 Spouse, unmarried sons and daughters, and parents of witness or informant

T1

T‐1

YES

T‐1 Victim of a severe form of trafficking in persons (eligible for benefits of AB540 )

T2

T‐2

YES

T‐2 Spouse of a victim of a severe form of trafficking in persons

(eligible for benefits of AB540 )

T3

T‐3

YES

T‐3 Child of victim of a severe form of trafficking in persons

(eligible for benefits of AB540 )

T4

T‐4

YES

T‐4 Parent of a victim of a severe form of trafficking in persons (if T‐1 victim is under21) (eligible for benefits of AB540 )

T5

T‐5

YES

T‐5 Sibling under 18 years of age of T‐1 under 21 years of age

(eligible for benefits of AB540 )

TN1

TN1

no

TN1 Canadian professionals under NAFTA

TN2

TN2

no

TN2 Mexican professionals under NAFTA

TD

TD

no

TD Spouse or child of TN

TPS

TPS

YES

TPS Temporary Protected Status

TWOV

TWOV

no

TWOV Transit without a Visa

U1

U‐1

YES

U‐1 Victim of certain criminal activity (eligible for benefits of

AB540 )

U2

U‐2

YES

U‐2 Spouse of U‐ (eligible for benefits of AB540 )

U3

U‐3

YES

U‐3 Child of U‐ (eligible for benefits of AB540 )

U4

U‐4

YES

U‐4 Parent of U‐1, if U‐1 is under 21 (eligible for benefits of

AB540 )

U5

U‐5

YES

U‐5 Unmarried sibling of U‐1 under 18 (eligible for benefits of

AB540)

V1

V‐1

YES

V‐1 Spouse of an LPR who is the principal beneficiary of a family based petition which was filed prior to December 21, 2000, and has been pending for at least 3 years

V2

V‐2

YES

V‐2 Child of an LPR who is the principal beneficiary of a family-based visa petition that was filed prior to December 21, 2000, and has been pending for at least 3 years

V3

V‐3

YES

V‐3 The derivative child of a V‐1 or V‐2

WB

WB

no

WB Temporary visitor for business, visa waiver

WT

WT

no

WT Temporary visitor for pleasure, visa waiver

OTHR

Other

NO

Depending on the specific other visa type, visa holder may or may not be allowed to establish residency. Requires documentation (proof beyond self‐reported data).