Collapse to view only § 41.11 - Entitlement to nonimmigrant status.
§ 41.11 - Entitlement to nonimmigrant status.
(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 Pilot Program—(1) Summary. This paragraph (c) establishes a pilot program (Visa Bond Pilot Program) beginning August 20, 2025 and ending August 5, 2026, implementing INA section 221(g)(3). Under the Visa Bond Pilot Program, consular officers will require a Maintenance of Status and Departure Bond (Visa Bond) to be posted via www.Pay.Gov and accepted by the Department of State, and with the Department of the Treasury accepting all monies to be deposited in a Treasury-held Department of Homeland Security account for the Department of Homeland Security, as a condition of visa issuance, for certain visa applicants.
(2) Visa Bond Pilot Program parameters. Under the Visa Bond Pilot 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) and are nationals of a country that the Department identifies as:
(i) Having high visa overstay rates;
(ii) Deficient in its vetting and screening and vetting information; or
(iii) Offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement. Countries deemed to meet these criteria will be identified on the Department's website at www.travel.state.gov no less than 15 days prior to the initiation of the pilot program, and countries may be modified on a rolling basis.
(3) Bond amount and visa validity. Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000, 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 Pilot Program will be valid for a single entry to the United States within three months of the date of visa issuance.
(4) Bond waiver authority. The Deputy Assistant Secretary for Visa Services may waive the bond requirement, for an alien, country, or a category of aliens, if the Deputy Assistant Secretary assesses that such a waiver is not contrary to the national interest. A waiver of the bond requirement may be recommended to the Deputy Assistant Secretary for Visa Services by a consular officer where the consular officer has reason to believe the waiver would advance a national interest 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 interest or humanitarian interest based on the applicant's purpose of travel and employment, as described in the visa application and during the visa interview.
(5) Bond procedures. A Visa Bond required under this paragraph (c) must be submitted via Treasury's www.Pay.Gov interface within 30 days of notification of the bond requirement by the consular officer and will be approved by the Department of State. Upon the posting of such bond, State will receive automatic notification that the bond has been posted in a Treasury-held Department of Homeland Security account and will notify the appropriate consular section overseas.
(i) Under this Visa Bond Pilot Program, Visa Bonds will be administered by the Department of the Treasury, the Department of State, and the Department of Homeland Security in accordance with regulations, procedures, and instructions promulgated by DHS applicable to Form I-352, Immigration Bond.
(ii) A Visa Bond will be canceled when a visa holder substantially performs with respect to the terms and conditions of the Visa Bond as set forth in Form I-352. Conversely, a Visa Bond will be breached when there has been a substantial violation of the terms and conditions set forth in Form I-352. To demonstrate that they complied with the bond requirements, aliens may, for example, depart the United States through pre-selected ports of entry, or schedule an appointment at a consular section outside the United States within 30 days of his or her departure from the United States and, after establishing his or her identity through personal appearance and presentation of a passport, provide information to a consular officer confirming he or she departed the United States on or before the expiration of their authorized period of stay.
(A) Upon doing so, visa holders will have substantially performed the bond requirements, provided the visa holder complied with the conditions of his or her status during his or her period of authorized stay in the United States.
(B) Aliens who do not appear at a consular section still may ensure cancellation of the bond if he or she substantially complies with the terms and conditions of the Visa Bond as set forth in Form I-352.
(C) Aliens who timely file an application for extension of status which is granted are not deemed to be in breach of bond, and the bond will be canceled at the conclusion of his or her authorized period of stay.
(6) Appeal of bond breach determination. A determination of a bond breach may be appealed in accordance with instructions provided by DHS.
(7) Effect on other law. Nothing in this paragraph (c) shall be construed as altering or affecting any other authority, process, or regulation provided by or established under any other provision of Federal law.
§ 41.12 - Classification symbols.
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:
Table 1 to § 41.12
| 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). |
|---|