Visa policy of the United States

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A US visa specimen
Entry passport stamp for the United States issued to a citizen of Canada by the U.S. Customs and Border Protection at San Francisco International Airport.

The visa policy of the United States deals with the requirements which a foreign national wishing to enter the United States must meet to obtain a visa, which is a permit to travel to, enter and remain in the United States. Visitors to the United States must obtain a visa from one of the United States diplomatic missions unless they come from one of the visa exempt countries or Visa Waiver Program countries. The same rules apply to Puerto Rico and the United States Virgin Islands while slightly different rules apply to Guam, Northern Mariana Islands and American Samoa.[1]

The United States gives a visitor visa exemption to:

Overview

Entry visas

United States visas were issued to 8.9 million foreign nationals visiting the United States and to 482,000 immigrants in 2012.[2] A foreign national wishing to enter the U.S. must obtain a visa unless he or she is

There are separate requirements for Mexican citizens.[3]

While there are about 185 different types of visas,[4] there are two main categories of U.S. visas:

  • Nonimmigrant visa - for temporary visits such as for tourism, business, work or studying.
  • Immigrant visa - for people to immigrate to the United States. At the port of entry, the immigrant visa holder is processed for a permanent resident card (I-551, a.k.a. green card). Upon endorsement (CBP admission stamp) it serves as temporary I-551 evidencing permanent residence for 1 year.

In order to immigrate, one should either have an immigrant visa or have a dual intent visa, which is one that is compatible with making a concurrent application for permanent resident status, or having an intention to apply for permanent residence.

Entering the U.S. on an employment visa may be described as a three-step process in most cases.[4] First, the employer files an application with U.S. Citizenship and Immigration Services requesting a particular type of category visa for a specific individual.[4] If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa.[4] The individual then applies for a visa and is usually interviewed at a U.S. embassy or consulate in the native country.[4] ƒIf the embassy or consulate gives the visa, the individual is then allowed to travel to the U.S.[4] At the border crossing, airport, or other point of entry into the U.S., the individual speaks with an officer from U.S. Customs and Border Protection to ask to admission to the U.S.[4] If approved, the individual may then enter the U.S.[4]

Contrary to a popular misconception, a U.S. visa does not authorize the alien's entry to the United States, nor does it authorize the alien's stay in the U.S. in a particular status. A U.S. visa only serves as a preliminary permission given to the alien to travel to the United States and to seek admission to the United States at a designated port of entry.[5] The final admission to the United States in a particular status and for a particular period of time is made at the port of entry by a U.S. Customs and Border Protection (CBP) officer. For aliens entering the U.S. in a nonimmigrant visa status these details are recorded by the CBP officer on the alien's Form I-94 (Form I-94W for citizens of the Visa Waiver Program countries entering the U.S. for short visits), which serves as the official document authorizing the alien's stay in the United States in a particular non-immigrant visa status and for a particular period of time.[6] Another type of U.S. visa is lottery visa. 50,000 additional visa numbers are available each year under the section of visa lottery. In the last few years more than 9 million people have participated in the visa lottery [7]

Exit visas

Exit visas are not required.

However, the U.S. government has required all foreign and U.S. nationals departing the US by air to hold a valid passport (or certain specific passport replacing documents) since October 1, 2007. Even though travelers might not require a passport to enter a certain country, they will require a valid passport booklet (booklet only, U.S. Passport Card not accepted) when attempting to depart the U.S. in order to satisfy the U.S. immigration authorities.[8] Exemptions to this requirement to hold a valid passport booklet include:

  • U.S. Permanent Resident/Resident Alien Card (Form I-551);
  • U.S. Military ID Cards when traveling on official orders;
  • U.S. Merchant Mariner Card;
  • NEXUS Card;
  • U.S. Travel Document:
    • Refugee Travel Document (Form I-571); or
    • Permit to Re-Enter (Form I-327)
  • Emergency Travel Document (e.g. Consular Letter) issued by a Foreign Embassy or Consulate specifically for the purpose of travel to the bearer's home country.
  • Nationals of Mexico holding one of the following documents:
    • (expired) Matricula Consular; or
    • Birth Certificate with consular registration; or
    • Certificate of Nationality issued by a Mexican consulate abroad; or
    • Certificate of Military Duty (Cartilla Militar); or
    • Voter's Certificate (Credencial IFE or Credencial para Votar).

Visa exemption

  The United States and its territories
  Visa free countries
  Visa Waiver Program countries

Citizens of  Canada do not require a visa to visit the United States, and can study and work under special simplified procedure.[9]

Citizens of the following countries, linked with the USA by the Compacts of Free Association, do not require a visa to enter, reside, study, and work indefinitely in the United States:

Visa Waiver Program

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Currently, 38 countries have been selected by the U.S. government for inclusion in the Visa Waiver Program and their citizens do not need to acquire a US visa (but are required to get an electronic authorization if arriving by air or cruise ship[13]) to visit the United States (including Puerto Rico and U.S. Virgin Islands):[14]

Visitors may stay for 90 days in the United States which also includes the time spent in Canada, Mexico, Bermuda, or the islands in the Caribbean if the arrival was through the United States.

The Electronic System for Travel Authorization (ESTA) is not a visa. Rather, obtaining a travel authorization from ESTA is a prerequisite to travelling by air or sea to the US under the Visa Waiver Program.[37] ESTA authorization, once obtained, is valid for two years unless during that time the person obtains a new passport or his/her answers to any of the eligibility questions change.[38] VWP does not apply if a passenger is not arriving on an approved air or sea carrier.

Other arrangements

Citizens of the following countries and territories can travel without obtaining a visa for the United States under certain circumstances:

  •  BermudaBritish Overseas Territories citizens by virtue of their connection to Bermuda can enter the United States visa-free provided they are bona-fide visitors - no I-94 is required.[39] To qualify, they must not have had a criminal conviction or ineligibility, violated U.S. immigration laws in the past and must not be arriving the United States from outside the Western Hemisphere. In addition, they must present a Bermudian passport which fulfils the following criteria: the front cover has printed on it "Government of Bermuda", the holder's nationality must be stated as either "British Overseas Territory Citizen" or "British Dependant Territories Citizen", the passport must contain one of the following endorsement stamps: "Holder is registered as a Bermudian", "Holder Possesses Bermudian Status" or "Holder is deemed to possess Bermudian status".
  •  Bahamas – Citizens do not require a visa to enter the United States if they apply for entry at one of the Preclearance Facilities located in Nassau or Freeport International Airports. Bahamian citizens must not have had a criminal conviction or ineligibility, violated U.S. immigration laws in the past and must be in possession of valid, unexpired passport or a Bahamian Travel Document indicating that they have Bahamian citizenship. In addition to a passport, all applicants 14 years of age or older must present a police certificate issued by the Royal Bahamas Police Force within the past six months. All Bahamians applying for admission at a port-of-entry other than the Preclearance Facilities located in Nassau or Freeport International Airport are required to be in possession of a valid visa to enter the United States.[40]
  •  British Virgin Islands - British Overseas Territories Citizens by virtue of their connection to the British Virgin Islands may travel without a visa to the United States Virgin Islands. They may also continue travel to other parts of the United States if they present a Certificate of Good Conduct issued by the Royal Virgin Islands Police Department indicating no criminal record.[41]
  •  Cayman Islands – Whilst residents of the Cayman Islands, as British Overseas Territories Citizens, are eligible automatically to register as a full British citizen under Section 4(A) of the British Overseas Territories Act 2002, thereby able additionally to enter the United States under the Visa Waiver Program, they can alternatively enter visa-free using their Cayman Islands passports. To qualify under the latter method, their Cayman Islands passports must confirm their British Overseas Territories citizenship and be endorsed by the Cayman Islands Passport and Corporate Services Office with a Cayman-U.S. visa waiver, issued at a cost of $15–25 and valid for one entry.[42][43] They must travel directly between the Cayman Islands and the United States and their Cayman Islands passport must also have a validity of at least six months beyond their intended departure date from the United States.[44] If Cayman Islanders elect to enter the U.S. using the Cayman-U.S. visa waiver, they are not required to apply for an ESTA online, since they are not entering under the VWP.
  •  Turks and Caicos Islands – British Overseas Territories Citizens by virtue of their connection to the Turks and Caicos Islands can enter the United States visa-free for short business and pleasure.[45] To qualify, they must not have had a criminal conviction or ineligibility, not violated U.S. immigration laws in the past and must arrive in the United States on a direct flight from the territory. In addition, they must present a Turks and Caicos Islands passport which states that they are a British Overseas Territory Citizen and have the right to abode in the Turks and Caicos Islands. In addition to a valid, unexpired passport, all travellers 14 years of age or older must present a police certificate issued by the Royal Turks and Caicos Islands Police Force within the past six months. All British Overseas Territories Citizens of the Turks and Caicos Islands who apply for admission at a port-of-entry that does not have direct air service to/from the territory, are required to be in possession of a valid visa to enter the United States.

Guam and Northern Mariana Islands Visa Waiver Program

The U.S. territories of Guam and the Northern Mariana Islands have a specific Guam-Northern Mariana Islands Visa Waiver Program too. Under this program, first enacted in October 1988 and periodically amended, nationals from several additional countries in Asia and the Pacific islands are permitted to enter the Northern Marianas and Guam as tourists without a visa for up to 45 days. Travel is not permitted onwards to the mainland United States, and because of special visa categories for the Northern Mariana Islands foreign workers, traveling between Guam and the Northern Mariana Islands still requires a full immigration inspection.[46] In addition to the citizens of Australia, Brunei, Japan, New Zealand, the Republic of Korea, Singapore, Taiwan and the United Kingdom who are also eligible for the Visa Waiver Program (but do not require ESTA for Guam and Northern Mariana Islands), citizens of the following countries and territories are eligible only for the Guam-CNMI Visa Waiver Program:[47][48]

  •  Russia - despite not being included in the new Guam-CNMI visa waiver program, as part of a parole arrangement, Russian citizens in possession of a machine-readable passport, a completed Form I-736 (Guam-CNMI Visa Waiver Information form) and Form I-94 (Arrival-Departure Record) and a non-refundable and non-transferable return ticket can visit both Guam and the Northern Mariana Islands visa-free for up to 45 days.[49]
  •  China - Chinese citizens in possession of a machine-readable passport, completed Form I-736 (Guam-CNMI Visa Waiver Information form) and Form I-94 (Arrival-Departure Record) may enter the CNMI only visa-free for up to 45 days (travel to Guam still requires applying for a visa in advance).[50]

American Samoa

American Samoa entry stamp

The visa waiver does not apply to American Samoa.

Nationals of the following countries arriving for tourism purposes only do not require a visa (they are issued with a 30-day entry permit on arrival): Andorra, Australia, Austria, Belgium, Brunei, Canada, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Marshall Islands, Micronesia, Monaco, Netherlands, New Zealand, Norway, Palau, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland and United Kingdom.[51]

Alaska

Residents of the Chukotka Autonomous Okrug in Russia who are members of the indigenous population do not require a visa to visit Alaska if they have relatives (blood relatives, members of the same tribe, native people who have similar language and cultural heritage) in Alaska. Entry points are in Gambell and Nome.[52]

Individuals must be invited by a relative in Alaska, must notify local authorities at least ten days before traveling to Alaska, and must leave Alaska within 90 days.[52]

The agreement establishing this policy was signed by Russia and the United States on 23 September 1989. The United States made it effective as of 17 July 2015.[52]

Summary of visa exemptions

Country or territory Overland Air/Cruise ship All means of transport
United States
and Puerto Rico
United States
Virgin Islands
Guam Northern Mariana
Islands
American Samoa
 Canada Yes Yes Yes Yes Yes Yes
 Marshall Islands Yes Yes Yes Yes Yes Yes
 Micronesia Yes Yes Yes Yes Yes Yes
 Palau Yes Yes Yes Yes Yes Yes
 Bermuda Yes Yes Yes Yes Yes No
 Australia Yes electronic authorization electronic authorization Yes Yes Yes
 Brunei Yes electronic authorization electronic authorization Yes Yes Yes
 Japan Yes electronic authorization electronic authorization Yes Yes Yes
 New Zealand Yes electronic authorization electronic authorization Yes Yes Yes
 Singapore Yes electronic authorization electronic authorization Yes Yes Yes
 United Kingdom[Note 1] Yes electronic authorization electronic authorization Yes Yes Yes
 South Korea Yes electronic authorization electronic authorization Yes Yes No
 Taiwan[Note 2] Yes electronic authorization electronic authorization Yes Yes No
 Andorra Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Austria Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Belgium Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Denmark Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Finland Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 France Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Germany Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Iceland Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Ireland Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Italy Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Liechtenstein Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Luxembourg Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Monaco Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Netherlands Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Norway Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Portugal Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 San Marino Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Spain Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Sweden Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
  Switzerland Yes electronic authorization electronic authorization electronic authorization electronic authorization Yes
 Chile Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Czech Republic Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Estonia Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Greece Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Hungary Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Latvia Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Lithuania Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Malta Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Slovakia Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Slovenia Yes electronic authorization electronic authorization electronic authorization electronic authorization No
 Bahamas No preclearance preclearance preclearance preclearance No
 British Virgin Islands No police certificate Yes police certificate police certificate No
 Cayman Islands No police certificate police certificate police certificate police certificate No
 Turks and Caicos Islands No police certificate police certificate police certificate police certificate No
 Hong Kong[Note 3] No No No Yes Yes No
 Malaysia No No No Yes Yes No
 Nauru No No No Yes Yes No
 Papua New Guinea No No No Yes Yes No
 Russia No No No Yes Yes No
 China No No No No Yes No

Outlying islands

Visits to the United States Minor Outlying IslandsBaker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, Wake Island and Navassa Island – are severely restricted. Most of the islands are closed off, and prospective visitors require special permits, usually from the US army.[53][54][55][56][57][58][59][60][61][62][63][64][65][66][67][68]

Qualification process

The typical process for issuing a United States visa, possibly including a Visas Mantis check

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every nonimmigrant visa applicant (except certain employment-related applicants, who are exempt) is an intending immigrant unless otherwise proven. Therefore, applicants for most nonimmigrant visas must overcome this presumption by demonstrating that:

  • The purpose of their trip is to enter the U.S. for a specific, intended purpose;
  • They plan to remain for a specific, limited period; and
  • They have a residence outside the U.S. as well as other binding ties which will ensure their return at the end of their stay.

All visit, business, transit, student, and exchange visitor visa applicants must pay a US$160 application fee (up from $140 as of April 2012) to a US Consulate in order to be interviewed by a Consular Officer who will determine if the applicant is qualified to receive a visa to travel to the U.S (additionally, the officer may also ask the United States Department of State for a Security Advisory Opinion, which can take several weeks to resolve). The application fee is increased to $190 for most work visas (up from $150 as of April 2012) and can be even higher for certain categories. If the applicant is rejected, the application fee is not refunded. Amongst the items included in the qualification decision are financial independence, adequate employment, material assets and a lack of a criminal record in the applicant's native country.

The immigration visa process is even more stringent and costly. After all processing fees have been paid, most immigration visa applicants pay well over 1000 U.S. dollars to become permanent residents in the United States and may be forced to wait several years before actually immigrating to the U.S.

Visitor visa statistics

Issued B-1,2 visas in fiscal 2014
  United States
  Visa exempt nationalities
  Over 400 thousand issued visas
  Over 100 thousand issued visas
  Over 50 thousand issued visas
  Over 25 thousand issued visas
  Over 10 thousand issued visas
  Over 5 thousand issued visas
  Under 5 thousand issued visas

In fiscal 2014 most B-1,2 visas were issued to the nationals of the following countries (listed over 40,000 visas):[69]

Nationality Issued B-1,2 visas in 2014
 China 1,403,617
 Mexico[70] 1,266,781
 Brazil 1,021,561
 India 452,525
 Colombia 436,769
 Argentina 217,861
 Russia 206,049
 Ecuador 156,638
 Venezuela 156,092
 Nigeria 124,805
 Israel 94,857
 Saudi Arabia 88,735
 Philippines 81,371
 Poland 77,882
 Turkey 75,404
 Peru 69,982
 Vietnam 67,140
 Jamaica 66,523
 Guatemala 55,353
 Dominican Republic 53,569
 Pakistan 53,549
 Indonesia 47,535
 Egypt 47,387
 Costa Rica 47,155
 Hong Kong 46,844
 South Africa 46,682
 Thailand 42,780
 Ukraine 41,600

In fiscal 2014 most reasons to refuse a visa were cited as "failure to establish entitlement to nonimmigrant status", "incompatible application" (most overcome), "unlawful presence", "misrepresentation", "criminal convictions", "smugglers" and "controlled substance violators". Smaller number of applications were rejected for "physical or mental disorder", "prostitution", "espionage", "terrorist activities", "falsely claiming citizenship" and other grounds for refusal including "presidential proclamation", "money laundering", "communicable disease" and "commission of acts of torture or extrajudicial killings".[71]

Admission statistics

Number of non-immigrant admissions for tourist and business purposes into the United States in fiscal year 2013
  United States
  Over 2 million admissions
  Over 1 million admissions
  Over 500 thousand admissions
  Over 250 thousand admissions
  Over 100 thousand admissions
  Over 15 thousand admissions
  Under 15 thousand admissions

Highest number of non-immigrant admissions for tourists and for business purposes into the United States in fiscal year 2013 was from the following countries (listed over 700,000 admissions):[72]

Country FY 2013
 Mexico 16,925,645
 United Kingdom 4,333,518
 Japan 4,051,814
 Canada 3,003,317
 Germany 2,212,435
 Brazil 2,035,737
 France 1,829,304
 China 1,623,290
 South Korea 1,454,738
 Australia 1,376,715
 Italy 1,133,189
 India 970,416
 Spain 858,402
 Colombia 773,375
 Venezuela 762,313
 Netherlands 741,859
 Argentina 707,863
Total (worldwide) 54,645,551

Classes of nonimmigrant visas

A visa

"A" visas are issued to representatives of a foreign government traveling to the United States to engage in official activities for that government. "A" visas are granted to foreign government ambassadors, ministers, diplomats, as well as other foreign government officials or employees traveling on official business (A-1 Visa). The A visa is also granted to immediate family members of such foreign government officials, defined as "the principal applicant's spouse and unmarried sons and daughters of any age who are not members of some other household and who will reside regularly in the household of the principal alien" (A-2 Visa) and which "may also include close relatives of the principal alien or spouse who are related by blood, marriage, or adoption who are not members of some other household; who will reside regularly in the household of the principal alien; and who are recognized as dependents by the sending government (A-3 Visa).[73]

B-1 and B-2

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The most common non-immigrant visa is the multiple-purpose B-1/B-2 visa, also known as the "visa for temporary visitors for business or pleasure." Visa applicants sometimes receive either a B-1 (temporary visitor for business) or a B-2 (temporary visitor for pleasure) visa, if their reason for travel is specific enough that the consular officer does not feel they qualify for combined B-1/B-2 status.[74] Holders may also attend short non-credit courses. Mexican citizens are eligible for Border Crossing Cards.[75]

The US Visitor Visas allow tourists, business visitors and those seeking medical treatment the opportunity to travel to the US and explore the many attractions in the US, reunite with friends and family, explore the vast American landscape or make valuable business connections[76].

Validity period

US B visa validity period
  United States
  120 months
  60 months
  24-48 months
  12 months
  Under 12 months

Validity of visas by nationality for B-1/B-2 visa:[77]

Adjusted Visa refusal Rate

US B visa refusal rate
  United States
  Visa exempt countries
  Over 50%
  Over 40%
  Over 30%
  Over 20%
  Over 10%
  Over 5%
  Over 3%
  Under 3%

The Adjusted Visa Refusal Rate for fiscal year 2014 for B visas was:[82]

Use for other countries

US tourist visas that are valid for further travel are accepted as substitute visas for national visas in following countries:

  •  Albania — 90 days;
  •  Antigua and Barbuda — 30 days; USD 100 visa waiver fee applies.
  •  Belize — 30 days; USD 50 visa waiver fee applies.
  •  Chile — 90 days; for nationals of China only.
  •  Colombia — 90 days; for nationals of China, India, Thailand, and Vietnam.
  •  Costa Rica — 30 days or less if the visa is about to expire; must hold a multiple entry visa.
  •  Dominican Republic — 90 days;
  •  El Salvador — 90 days; not applicable to all nationalities.
  •  Georgia — 90 days within any 180 day period;
  •  Guatemala — 90 days; not applicable to all nationalities.
  •  Honduras — 90 days; not applicable to all nationalities.
  •  Jamaica — 30 days; not applicable to all nationalities.
  •  Mexico — 180 days;[84][85]
  •  Montenegro — 30 days;
  •  Nicaragua — 90 days; not applicable to all nationalities.
  •  Panama — 30/180 days; must hold a visa valid for at least 2 more entries.
  •  Philippines — 7 days; for nationals of China and India only.
  •  Sao Tome and Principe — 15 days;
  •  Serbia — 90 days;
  •  Taiwan — certain nationalities can obtain an online travel authority if holding a valid US visa.
  •  Turkey — certain nationalities can obtain an electronic Turkish visa if holding a valid US visa.

C visa

C-1 visa is a transit visa issued to individuals who are travelling in "immediate and continuous transit through the United States enroute to another country". The only reason to enter the United States must be for transit purposes. A subtype C-2 visa is issued to diplomats transiting to and from the Headquarters of the United Nations and is limited to the vicinity of New York City.[86]

D visa

D visa is issued to crew members of sea-vessels and international airlines in the United States. This includes commercial airline pilots and flight attendants, captain, engineer, or deckhand of a sea vessel, service staff on a cruise ship and trainees on board a training vessel. Usually a combination of a C-1 visa and D visa is required.[87]

E visa

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Treaty Trader (E-1 visa) and Treaty Investor (E-2 visa) visas are issued to citizens of countries that have signed treaties of commerce and navigation with the United States.[88] They are issued to individuals engaged in substantial trade activities in international banking, insurance, transportation, tourism or communications with significant economic impact in the United States.[89] The variant visa issued only to citizens of Australia is the E-3 visa (E-3D visa is issued to spouse or child of E-3 visa holder and E-3R to a returning E-3 holder).[90]

F visa

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These visas are issued for foreign students enrolled at accredited US institutions. F-1 visas are for full-time students, F2 visas are for spouses and children of F-1 visa holders and F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States.[91] They are managed through SEVIS.[92]

G visa

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The G visas are issued to diplomats, government officials, and employees who will work for international organizations in the United States. The international organization must be officially designated as such.[93] The G-1 visa is issued to permanent mission members, G-2 visa is issued to representatives of a recognized government traveling temporarily to attend meetings of a designated international organization, G-3 visa is issued to individuals representing non-recognized governments, G-4 visa is for those who are taking up an appointment and G-5 visa is issued to personal employees or domestic workers of G1-G4 visa holders.[94] G1-G4 visas are also issued to family members.[95]

Those working specifically for the North Atlantic Treaty Organization require a NATO visa. NATO–1 visa is issued to permanent representatives of NATO and their staff members, NATO-2 visa is issued to a representative of member state to NATO or its subsidiary bodies, advisor or technical expert of the NATO delegation visiting the United States, a member of the NATO military forces component or a staff member of the NATO representative, NATO-3 visa is issued to official clerical staff accompanying the representative of a NATO member state, NATO-4 visa is issued to foreign national recognized as a NATO official, NATO-5 visa is issued to a foreign national recognized as a NATO expert and NATO-6 visa is issued to a member of the civilian component of the NATO. All NATO visas are issued to immediate family members as well. NATO-7 visas are issued to personal employees or domestic workers of a NATO-1 – NATO-6 visa holders.[95]

H visa

H visas are issued to temporary workers in the United States.

Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models

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The discontinued H-1A and H-1C visas existed during periods when the US experienced a shortage of nurses existed from 1989. The H-1A classification was created by the Nursing Relief Act of 1989 and ended in 1995. The H-1C visa was created by the Nursing Relief for Disadvantaged Area Act of 1999 and expired in 2005. Currently nurses must apply for H-1B visas.[96]

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The H-1B classification is for professional-level jobs that require a minimum of a bachelor's degree in a specific academic field. In addition, the employee must have the degree or the equivalence of such a degree through education and experience. There is a required wage, which is at least equal to the wage paid by the employer to similarly qualified workers or a prevailing wage for such positions in the geographic regions where the jobs are located. This visa also covers fashion models of distinguished merit and ability.[97][98] H-1B1 visa is the variant issued to citizens of Singapore and Chile.

Temporary Agricultural Workers

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The H-2A visa allows a foreign national entry into the US for temporary or seasonal agricultural work for eligible employers under certain conditions (seasonal job, no available US workers).[99]

Temporary Non-Agricultural Workers

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The H-2B visa allows a foreign national entry into the US for temporary or seasonal non-agricultural work for eligible employers under certain conditions (seasonal job, no available US workers).[100]

Nonimmigrant Trainee or Special Education Exchange Visitor

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The H-3 visa is available to those foreign nationals looking to "receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country" or " participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.".[101]

Family members

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H-4 visa is issued to immediate family members of H visa holders. They are also eligible for employment.[102]

I visa

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The I-1 visa is issued to representatives of the foreign media, including members of the press, radio, film, and print industries travelling to temporarily work in the United States in the profession.[103]

J visa

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J-1 visa is issued to participants of work-and study-based exchange visitor programs.[104] The Exchange Visitor Program is carried out under the provisions of the Fulbright-Hays Act of 1961, officially known as the Mutual Educational and Cultural Exchange Act of 1961 (Pub.L. 87–256, 75 Stat. 527). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Spouses and dependents of J-1 exchange visitors are issued a J-2 visa.[105]

Exchange visa categories are:

Exchange Visitor Pilot Programs exist for citizens of Australia,[120] Ireland,[121] New Zealand[122] and South Korea.[123]

K visa

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A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder).[124] K-2 visa is issued to unmarried children under the age of 21.[125] Foreign same-sex partners of United States citizens are currently recognized by United States Citizenship and Immigration Services (USCIS) and accordingly can be sponsored for K-1 visas and for permanent resident status.[126]

K-3/K-4 visas are issued to foreign spouses and children of US citizens.[127]

L visa

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The L-1 classification is for international transferees who have worked for a related organization abroad for at least one continuous year in the past three years and who will be coming to the United States to work in an executive or managerial (L-1A) or specialized knowledge capacity (L-1B).[128] L-2 visa is issued to dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders.

M visa

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The M-1 visa is a type of student visa reserved for vocational and technical schools. Students in M-1 status may not work on or off campus while studying, and they may not change their status to F-1. The M-2 visa permits the spouse and minor children of an M-1 vocational student to accompany him or her to the United States.[91]

O visa

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O visa is a classification of non-immigrant temporary worker visa granted to an alien "who possesses extraordinary ability in the sciences, arts, education, business, or athletics (O-1A visa), or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements," (O-1B visa) and to certain assistants (O-2 visa) and immediate family members of such aliens (O-3 visa).[129]

P visa

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P visas are issued to individuals or team athletes, or member of an entertainment group including persons providing essential support services (P-1 visa), artists or entertainers (individual or group) under a reciprocal exchange program (P-2 visa) and artists or entertainers (individual or group) visiting to perform, teach or coach under a program that is culturally unique.[130] P-4 visas are issued to spouses, or children under the age of 21, of a P-1, P-2, or P-3 alien and who is accompanying, or following to join.

Q visa

Q visa is issued to participants in an international cultural exchange program.[130]

R visa

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R-1 visa is issued to temporary religious workers. They must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years.[131] R-2 visa is issued to dependent family members.[132]

S visa

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S visas are nonimmigrant visas issued to individuals who have assisted law enforcement as a witness or informant. There is a limit of 200 S visas a year.[133] A law enforcement agency can then submit an application for resident alien status i.e., a green card on behalf of the witness or informant once the individual has completed the terms and conditions of his or her S visa.[134]

TN visa

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NAFTA Professional (TN) visa allows citizens of Canada and Mexico whose profession is on the NAFTA list[135] and who must hold a bachelor's degree to work in the United States on a prearranged job. Canadian citizens usually do not require a visa to work under the TN status (unless they live outside Canada with non-Canadian family members) while Mexican citizens require a TN visa. Spouse and dependent children of a TN professional can be admitted into the United States in the TD status.[136]

U and T visas

U-1 visa is a nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.[137] Subtypes of this visa are U-2 issued to spouses of U-1, U-3 issued to children of U-1, U-4 issued to parents of U-1 under the age of 21 and U-5 issued to unmarried siblings under the age of 18 of U-1 who is under 21.

T-1 visa is issued to victims of severe forms of human trafficking. Holders may adjust their status to permanent resident status.[138] Subtypes of this visa are T-2 issued to spouses of T-1, T-3 issued to children of T-1, T-4 issued to parents of T-1 under the age of 21 and T-5 issued to unmarried siblings under the age of 18 of T-1 who is under 21.

V visa

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The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course. It was created by the Legal Immigration Family Equity Act of 2000.[139] The Act is to relieve those who applied for immigrant visas on or before December 21, 2000. Practically, the V visa is currently not available to spouses and minor children of LPRs who have applied after December 21, 2000.[140]

List of US visa types

All US visa types and subtypes are listed below:[141][142]

Immigrants

Symbol Description
Immediate Relatives
IR-1 Spouse of U.S. citizen
IR-2 Child of U.S. citizen
IR-3 Orphan from a non-Hague country (i.e., not a party to the Hague Adoption Convention) adopted abroad by U.S. citizen
IR-4 Orphan from a non-Hague country to be adopted in the United States by U.S. citizen
IR-5 Parent of U.S. citizen at least 21 years of age
IH-3 Orphan from a Hague country adopted abroad by U.S. citizen
IH-4 Orphan from a Hague country to be adopted in the United States by U.S. citizen
CR-1 Spouse of U.S. citizen (conditional status)
CR-2 Child of U.S. citizen (conditional status)
IW-1 Certain spouses of deceased U.S. citizens
IW-2 Child of IW-1 IB-1
IB-2 Self-petition child of U.S. citizen
IB-3 Child of IB-1
VI-5 Parent of U.S. citizen who acquired permanent resident status under the Virgin Islands Nonimmigrant Alien Adjustment Act
Vietnam Amerasian Immigrants
AM-1 Vietnam Amerasian principal
AM-2 Spouse/Child of AM-1
AM-3 Natural mother of AM-1 (and spouse or child of such mother), or person who has acted in effect as the mother, father, or next-of-kin of AM-1 (and spouse or child of such person)
Special Immigrants
SB-1 Returning resident
SC-1 Certain persons who lost U.S. citizenship by marriage
SC-2 Certain persons who lost U.S. citizenship by serving in foreign armed forces
Family-Sponsored Immigrants: First Preference
F11 Unmarried son or daughter of U.S. citizen
F12 Child of F11
B11 Self-petition unmarried son or daughter of U.S. citizen
B12 Child of B11
Family-Sponsored Immigrants: Second Preference (Subject to Country Limitations)
F21 Spouse of permanent resident
F22 Child of permanent resident
F23 Child of F21 or F22
F24 Unmarried son/daughter of permanent resident
F25 Child of F24
B21 Self-petition spouse of permanent resident
B22 Self-petition child of permanent resident
B23 Child of B21 or B22
B24 Self-petition unmarried son/daughter of permanent resident
B25 Child of B24
Family-Sponsored Immigrants: Second Preference (Exempt from Country Limitations)
FX1 Spouse of permanent resident
FX2 Child of permanent resident
FX3 Child of FX1 or FX2
BX1 Self-petition spouse of permanent resident
BX2 Self-petition child of permanent resident
BX3 Child of BX1 or BX2
Family-Sponsored Immigrants: Third Preference
F31 Married son or daughter of U.S. citizen
F32 Spouse of F31
F33 Child of F31
B31 Self-petition married son or daughter of U.S. citizen B32
B33 Child of B31
Family-Sponsored Immigrants: Fourth Preference
F41 Brother or sister of U.S. citizen who is at least 21 years of age
F42 Spouse of F41
F43 Child of F41
Employment-Based Immigrants: First Preference (Priority Workers)
E11 Person with extraordinary ability in the sciences, arts, education, business, or athletics
E12 Outstanding professor or researcher
E13 Multinational executive or manager
E14 Spouse of E11, E12, or E13
E15 Child of E11, E12, or E13
Employment-Based Immigrants: Second Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability)
E21 Professional holding advanced degree or person of exceptional ability in the sciences, arts, or business
E22 Spouse of E21
E23 Child of E21
Employment-Based Immigrants: Third Preference (Skilled Workers, Professionals, and Other Workers)
E31 Skilled worker
E32 Professional holding baccalaureate degree
E34 Spouse of E31 or E32
E35 Child of E31 or E32
EW3 Other workers (subgroup numerical limit)
EW4 Spouse of EW3
EW5 Child of EW3
Employment-Based Immigrants: Fourth Preference (Certain Special Immigrants)
BC-1 Certain international broadcasters
BC-2 Spouse of BC-1
BC-3 Child of BC-1
SD-1 Minister of religion
SD-2 Spouse of SD-1
SD-3 Child of SD-1
SE-1 Certain employees or former employees of the U.S. Government abroad
SE-2 Spouse of SE-1
SE-3 Child of SE-1
SF-1 Certain former employees of the Panama Canal Company or Canal Zone Government
SF-2 Spouse or child of SF-1
SG-1 Certain former employees of the U.S. Government in the Panama Canal Zone SG-2
SH-2 Spouse or child of SH-1
SJ-2 Spouse or child of SJ-1 (certain foreign medical graduates)
SK-1 Certain retired international organization employees
SK-2 Spouse of SK-1 SK-3
SK-4 Certain surviving spouses of deceased international organization employees SL-1
SM-1 Person recruited outside the United States who has served, or is enlisted to serve, in the U.S. Armed Forces for 12 years (became eligible after October 1, 1991)
SM-2 Spouse of SM-1
SM-3 Child of SM-1
SM-4 Person recruited outside the United States who has served, or is enlisted to serve, in the U.S. Armed Forces for 12 years (eligible as of October 1, 1991)
SM-5 Spouse or child of SM-4
SN-1 Certain retired NATO-6 civilian employees
SN-2 Spouse of SN-1
SN-3 Certain unmarried sons or daughters of NATO-6 civilian employees
SN-4 Certain surviving spouses of deceased NATO-6 civilian employees
SR-1 Certain religious workers (subgroup numerical limit)
SR-2 Spouse of SR-1
SR-3 Child of SR-1
Employment-Based Immigrants: Fifth Preference (Employment Creation - Investors) (Conditional Status)
C51 Employment creation outside targeted area
C52 Spouse of C51
C53 Child of C51
T51 Employment creation in targeted rural/high unemployment area (subgroup numerical set-aside)
T52 Spouse of T51
T53 Child of T51
R51 Investor pilot program, not in targeted area
R52 Spouse of R51
R53 Child of R51
I51
I52 Spouse of I51
I53 Child of I51
Other Numerically Limited Categories: Diversity Immigrants
DV-1 Diversity immigrant
DV-2 Spouse of DV-1
DV-3 Child of DV-1

Nonimmigrants

Symbol Description
A-1 Head of state and immediate family, prime minister and immediate family, government minister, ambassador, career diplomat or consular officer, or immediate family
A-2 Minister of state, other foreign government official or employee, or immediate family
A-3 Attendant, servant, or personal employee of A-1 or A-2, and immediate family
B-1 Temporary visitor for business, domestic employees, academics, researchers and students
B-2 Temporary visitor for holiday, tourism, medical treatment
B1/B2 Temporary visitor for business & pleasure
C-1 Person in transit
C-2 Person in transit to United Nations Headquarters district under Section 11 (3), (4), or (5) of the Headquarters Agreement
C-3 Foreign government official, immediate family, attendant, servant or personal employee, in transit
D Crewmember (sea or air)
E-1* Treaty trader, spouse and children
E-2* Treaty investor, spouse and children
E-3* Treaty traders and investors: Australian Free Trade Agreement
E-3D* Spouse or child of E3
E-3R* Returning E3
F-1 Student (academic or language training program)
F-2 Spouse or child of F-1
F-3 Canadian or Mexican national commuter student in an academic or language training program
G-1 Principal resident representative of recognized foreign member government to international organization, staff, and immediate family
G-2 Other representative of recognized foreign member government to international organization, and immediate family
G-3 Representative of nonrecognized or nonmember foreign government to international organization, and immediate family
G-4 International organization officer or employee, and immediate family
G-5 Attendant, servant, or personal employee of G-1 through G-4, and immediate family
GB Temporary visitors: for business, visa waiver, Guam
GT Temporary visitors: for pleasure, visa waiver, Guam
H-1B* Alien in a specialty occupation (profession)
H1B1 Chilean or Singaporean national to work in a specialty occupation
H-2A Temporary worker performing agricultural services unavailable in the United States
H-2B Temporary worker performing other services unavailable in the United States
H-3 Temporary workers and trainees: industrial trainees
H-4* Temporary workers and trainees: spouses and children of H-1, H-2, and H-3 workers
I Representative of foreign information media, spouse and children
J-1 Exchange visitor
J-2 Spouse or child of exchange visitor
K-1* Fiance(e) of U.S. citizen
K-2* Child of fiance(e) of U.S. citizen
K-3* Spouse of U.S. citizen awaiting availability of immigrant visa
K-4* Child of K-3
L-1* Intracompany transferee (executive, managerial, and specialized personnel continuing employment with international firm or corporation)
L-2* Spouse or child of intracompany transferee
M-1 Vocational student or other nonacademic student
M-2 Spouse or child of M-1
M-3 Border commuter student (vocational or nonacademic)[143]
N-8 Parent of SK-3 special immigrant
N-9 Child of N-8 or of SK-1, SK-2 or SK-4 special immigrant
NATO-1 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, and members of immediate family
NATO-2 Other representatives of member states to NATO (including any of its subsidiary bodies) including representatives, advisers, and technical experts of delegations, and members of immediate family; dependents of members of a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement or in accordance with provisions of the "Protocol on the Status of International Military Headquarters"; members of such a force if issued visas
NATO-3 Official clerical staff accompanying a representative of member state to NATO (including any of its subsidiary bodies), and members of immediate family
NATO-4 Officials of NATO (other than those classifiable as NATO-1), and members of immediate family
NATO-5 Experts, other than officials classifiable as NATO-4, employed in missions on behalf of NATO, and their dependents
NATO-6 Members of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement; members 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
NATO-7 Attendant, servant, or personal employee of NATO-1 through NATO-6 classes, and immediate family
O-1* Person with extraordinary ability in the sciences, arts, education, business, or athletics
O-2* Person accompanying and assisting in the artistic or athletic performance by O-1
O-3* Spouse or child of O-1 or O-2
P-1* Internationally recognized athlete or member of an internationally recognized entertainment group
P-2* Artist or entertainer in a reciprocal exchange program
P-3* Artist or entertainer in a culturally unique program
P-4* Spouse or child of P-1, P-2, or P-3
Q-1 Participant in an international cultural exchange program
R-1 Person in a religious occupation
R-2 Spouse or child of R-1
S-5 Informant possessing information on criminal activity
S-6 Informant possessing information on terrorism
S-7 Spouse, married or unmarried son or daughter, or parent of S-5 or S-6
SIJS Special Immigrant Juvenile Status: Qualifying children present in the U.S. who are declared dependents of a juvenile court and who would be harmed if returned to their home country
TN NAFTA professional
TD Spouse or child of TN
T-1 Victim of a severe form of trafficking in persons
T-2 Spouse of T-1
T-3 Child of T-1
T-4 Parent of T-1 under 21 years of age
T-5 Under-18 unmarried sibling of T-1
U-1 Victim of criminal activity
U-2 Spouse of U-1
U-3 Child of U-1
U-4 Parent of U-1 under 21 years of age
U-5 Under-18 unmarried sibling of U-1 under 21 at time of filing
V-1* Spouse of lawful permanent resident awaiting availability of immigrant visa
V-2* Child of lawful permanent resident awaiting availability of immigrant visa
V-3* Derivative child of V-1 and V-2
WB Temporary visitors: visa waiver, business
WT Temporary visitors: visa waiver, pleasure

[144][145][146]

* Persons with H-1B visas, H-4 visas (as immediate family members of H-1B visa holders), K visas, L visas, and V visas are permitted to have dual intent under the Immigration and Nationality Act. Federal regulations also appear to recognize dual intent O visas, P visas, and E visas.

Visa denial

Section 221(g) of the Immigration and Nationality Act defined several classes of aliens ineligible to receive visas.

Grounds for denial may include, but are not limited to:

  • Health grounds
  • Criminal history
  • Security fears
  • Public charge (charge means burden in this context)
  • Illegal entrants or immigration violators
  • Failure to produce requested documents
  • Ineligible for citizenship
  • Previously removed from the US
  • The spouse of a US Citizen is almost always denied a visitor's (B1/B2) visa on the grounds that the spouse might want to stay in the United States. However, the spouse of a USC[clarification needed] is able to immigrate to the US without much of a hurdle.

Section 214(b) of the Immigration and Nationality Act (also cited as 8 United States Code § 1184(b))[147] states that most aliens must be presumed to be intending to remain in the US, until and unless they are able to show that they are entitled to non-immigrant status. This means there are two sides to a 214(b) denial. Either

  1. The applicant didn’t convince the consular officer that he didn’t intend to stay in the US permanently, or
  2. The applicant didn’t convince the consular officer that he was qualified for the visa for which he had applied.

An example of a denial based upon the first ground would be an applicant for an F-1 student visa who the consular officer felt was secretly intending to remain in the US permanently.

An example of a denial based upon the second ground would be an H-1B applicant who couldn’t prove he possessed the equivalent of a US bachelor’s degree in a specialty field—such an equivalency being a requirement for obtaining an H-1B visa.

In order to thereafter obtain a visa applicants are recommended to objectively evaluate their situation, see in what way they fell short of the visa requirements, and then reapply.[148]

In 2005, Indian Prime Minister Narendra Modi (then Chief Minister of Gujarat) was denied a diplomatic visa to the United States. In addition, the B-1/B-2 visa that had previously been granted to him was also revoked, under a section of the Immigration and Nationality Act which makes any foreign government official who was responsible or "directly carried out, at any time, particularly severe violations of religious freedom" ineligible for the visa.[149] Modi is the only person ever denied a visa to the U.S. under this provision.[150]

Exceptions

There are cases when a US visa has been granted to aliens who were technically ineligible. Japanese mafia (yakuza) leader Tadamasa Goto and three others were issued visas for travel between 2000 and 2004 to undergo liver transplant surgery at UCLA Medical Center.[151] The FBI had aided the men in the visa application process hoping that they would provide information regarding yakuza activities in the US.[151]

See also

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  146. Lua error in package.lua at line 80: module 'strict' not found.
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External links

  • U.S. Visa, Bureau of Consular Affairs, U.S. Department of State