The G-5 classification is reserved for servants or personal employees of holders of G-1, G-2, G-3, or G-4 visas, and members of their immediate family. The grounds for refusal are all Sections of 212(a) except section (28) of the INA. Requirements and processing Issuance of a G-1 and G-2 visa follows the receipt by the responsible consular officer of the alien's accreditation in the form of a formal note from the alien's government reflecting his appointment as member of permanent or temporary delegation to an international organization. The only grounds for refusal of G-1 visa applicants is Section 212(a) (27) of the INA. G-2 visa applicants are only refusable under Sections 212(a) (27) and (29) of the Act. G-3 cases involving aliens whose government is not recognized de jure by the United States must be submitted to the Department of State for an advisory opinion prior to issuance of a visa. Aliens whose government is recognized but is not a member of the international organization may submit their requests to our consular officers through their Foreign Office. A Foreign Office note accrediting the alien is the only requirement other than the submission of a valid passport. Personal appearance is normally waived. The only refusal grounds for G-3 cases are Sections 212(a) (27) and (29) of the INA. The G-4 visa is issued following receipt by the responsible consular officer of a formal notification by the personnel or administrative office of the corresponding international organization that the alien has been employed and will proceed to the United States in connection with his appointment. A "Silverman message" is the current form of accreditation for an official or employee of the United Nations Secretariat which is the largest of the International Organizations. Aliens entitled to G-4 classification may only be refused a visa under Sections 212(a) (27) and (29) of the Act. G-5 applications and requirements for eligibility are essentially similar to those in the A-3 classification. The alien is interviewed to determine whether he is (a) domestic by background or profession, (b) has a bona fide employer/employee relationship with the principal, (c) is not a close relative of principal which would cast doubt on the employer/employee relationship, (d) is not below the age of 17. He may be refused under all sections of the Act except 212(a) (28). Purpose TEMPORARY WORKERS AND TRAINEES, H-1, H-2, H-3 Classification under Section 101(a)(15) (H) of the Immigration and Nationality Act is available to those aliens who desire to enter the United States temporarily for the purpose of performing services or labor, or to undertake training. An H-1 visa is limited to aliens of distinguished merit and ability. This includes members of the arts and professions as well as entertainers and athletes of exceptional stature in their fields of endeavor. Provided the applicant himself intends only a temporary stay, the fact that the particular position to which he is destined is in itself of an indefinite nature would not preclude the issuance of an H-1 visa. H-2 classification encompasses the performance of services or labor of a lesser level, and is subject to two additional limitations not applicable to H-1 applicants. These are that the service or labor to be performed must of itself be temporary in nature, and that there are not available unemployed persons in this country who are capable of performing such service or labor. H-3 classification includes those aliens who have been invited to enter the United States by some firm, organization or individual to undertake training in commerce, agriculture or any other type of activity. Requirements and processing The general requirements for issuance of a visa under this section of the Act are the prior approval of a petition by the Immigration and Naturalization Service and the establishment by the applicant that he has a residence abroad to which he will return following the temporary stay in the United States. Under the terms of section 101 (a) (15) (H), three separate types of H visas may be issued. As a matter of procedure, the approval of a petition is a condition precedent for an H visa application and serves as prima facie evidence that the services or training specified in the petition meet the requirements of this section of the Act. However, it remains the responsibility of the consular officer to verify the qualification of the individual applicant, and, of primary importance, to assure compliance with the statutory requirement that the applicant in fact has a residence abroad to which he intends to return after the temporary stay in the United States as specified in the petition. Purpose INFORMATION MEDIA REPRESENTATIVES, I Under Section 101(a)(15) (I) of the Act, on a basis of reciprocity, nonimmigrant visas are issued to bona fide representatives of foreign press, radio, television, film, and other information media, and their spouses and children. The Department has given the term "information media" a broad construction to include representatives of technical and commercial publications and films. However it does not apply to entertainment representatives or entertainers as the media content must be informational or educational in nature. Requirements and processing There is no petitioning process or special documentation necessary for an I visa application. The applicant must establish to the satisfaction of the consular office that he is a nonimmigrant and is a bona fide representative of a foreign information media organization. This is usually accomplished through a letter from the organization stating that the alien is a full-time employee going to the United States to perform his official journalist functions. There is no time factor concerning length of assignment insofar as qualification is concerned. An I visa permits a foreign media representative and his family to remain in the United States so long as he maintains his status. Purpose EXCHANGE VISITORS-J-1, J-2 Section 101(a) (15) (J) of the Act provides a nonimmigrant classification for an alien who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field of specialized knowledge or skill who is coming to participate in a designated exchange program to teach, lecture, study, observe, conduct research, receiving training, etc. Programs for educational and cultural exchanges have been established by agencies of the Federal government, state governments, international organizations and private organizations and institutions of various kinds. Designation of such a program is made, upon application, by the Department's Bureau of Educational and Cultural Affairs. Each designated program is established for a specified purpose or set of purposes set forth in the program description prepared by the sponsor and approved in connection with the approval of the program. Activities which may be approved for an exchange program can range from undergraduate, graduate or post graduate academic study to secondary research to teaching or lecturing as a visiting professor. Also short-term participation in conferences or symposia or orientation trips may be arranged under exchange programs. Internship and residency training for foreign medical graduates in American hospitals is carried out under a designated exchange program. There are also exchange programs under which foreign high school students spend a year attending a high school in the United States. A number of business organizations have established exchange programs under which alien employees of foreign affiliates are brought to the United States for training and orientation within the corporation. It will be seen that many of the activities carried on by exchange visitors could be legitimately carried on in a nonimmigrant classification other than that of exchange visitor. Restrictions Because of the concept of exchange of persons and ideas underlying this classification, certain restrictions are placed upon aliens admitted in this classification. The exchange visitor regulations of the Department's Bureau of Educational and Cultural Affairs (22 CFR, Part 63) prescribes maximum periods of participation by certain categories of exchange visitors-interns and residents, five years, research scholars, three years, guest teachers and lecturers, two years, etc. Also the Immigration and Nationality Act specifies that an exchange visitor whose participation in the exchange program was financed in whole or in part, directly or indirectly, by the Government of the United States or of the alien's country or who is engaged in a field of specialized knowledge or skill designated by the Secretary of State as clearly required by the alien's country of nationality or last foreign residence is ineligible for permanent residence or for a nonimmigrant classification under section 101(a) (15) (H) or (L) unless he has resided and been physically present in his country of nationality or last foreign residence for a period of two years after completing participation in the exchange program. An alien subject to this provision can seek a waiver of it on one of four possible bases-extreme hardship to a citizen or resident alien spouse or child, the interest of a United States Government agency, fear of persecution, or a statement from his government that it would perceive no objection to such action. Requirements and processing Once an alien has been selected by the program sponsor as a participant in his program, the sponsor will prepare a Form DSP-66, Certificate of Eligibility, and transmit it to the alien. This form names the alien, identifies the exchange program by number and program description, specifies the proposed activities of the alien, and contains information concerning the alien's occupational or professional field. If the Form DSP-66 specifies that the alien's participation will be financially supported by the sponsor no additional documentation regarding finances will normally be required. If the alien will not receive funding from the sponsor, he will be required to present other appropriate documentation substantiating the financial arrangements which do exist. In adjudicating the visa application the consular officer must consider(a) The alien's intention to depart the United States upon completion of his studies; (b) Whether the activities in which the alien proposes to engage are compatible with the general program description; and (c) Whether the alien is qualified to engage in the proposed activities. Prior to visa issuance, the consular officer must determine whether the alien will be subject to the two-year foreign residence requirement. Space is provided on the Form DSP-66 for the consular officer to indicate whether or not the applicant is subject to the requirement and, if so, on which of the two possible bases. Aliens who are determined to be subject to the requirement are required to read the information on the reverse of the form explaining the requirement and to sign the form to signify that they understand and accept the conditions. The spouse or child of an exchange visitor may be issued a J-2 visa if accompanying or following to join the principal alien. The regulations of the Immigration and Naturalization Service authorize the granting of permission to work to aliens in J-2 status provided the income to be derived therefrom is required solely for the support of the spouse and/or child and not for support of the exchange visitor. The consular officer is thus entitled to consider this fact in evaluating the financial resources of an applicant for a J-2 visa. When a J-1 visa is issued the consular officer annotates the visa to show the designation number of the program in which the applicant will participate. Purpose FIANCE (E)-K-1, K-2 Section 101 (a) (15) (K) of the Act permits the issuance of a nonimmigrant K-1 visa to the fiancee or fiance of a United States citizen for the purpose of marrying in this country. The interest of the section is to facilitate the entry of the fiancee or fiance without the necessity of the United States citizen first traveling abroad to marry the alien applicant. Status under this section is also accorded to the minor children of the fiancee or fiance, (K-2). Requirements and processing Under the terms of the related section 214(d) of the Act, the interested United States citizen must file a petition in the United States with the Immigration and Naturalization Service. Approval of the petition is conditioned upon satisfactory evidence that the parties have a bona fide intention to marry and are legally able to do so. The applicants must have personally met each other at some time prior to approval of the petition. When an approved petition is received at a consular post, the alien applicant is then required to execute a sworn statement of ability and intention to marry the citizen petitioner within 90 days of arrival in the United States. While a K visa is technically classified as a nonimmigrant visa, it in fact serves as an interim immigrant visa and the application is processed on much the same basis as if it were one for an immigrant visa. In this sense, no issue as to residence abroad or temporary purpose is presented, and K visa eligibility is measured by the same standards as those utilized in assessing eligibility for an immigrant visa. Thus a more detailed application form is used for K visa applicants and most of the same documentary requirements as for immigrants are imposed. Purpose INTRACOMPANY TRANSFEREE-L-1, L-2 Section 101 (a) (15) (L) of the Act permits the issuance of a nonimmigrant L-1 visa to an alien employee of a firm, corporation or other legal entity who is being transferred temporarily to the United States to continue rendering services to the same employer, or affiliate or subsidiary thereof. Classification under this section of the Act requires the filing of a petition with the Immigration and Naturalization Service, and for approval the petition must satisfactorily evidence that the alien has been continuously employed by the employing entity for at least one year and the services to be rendered are managerial, executive or involve specialized knowledge. L-2 visas may also be issued to the accompanying spouse and children of a principal alien for whom a L petition has been approved. Requirements and processing Upon receipt of an approved L petition, it is the responsibility of the consular officer to verify that the alien beneficiary of the petition has been employed by the concerned firm for at least one year in a managerial or executive position, or in one calling for specialized knowledge. If any discrepancy is disclosed which reflects upon the alien's qualification under the requirements of section 101(a) (15) (L), the petition is returned to the approving office of the Immigration and Naturalization Service for further consideration. It is also noted that while this section of the Act does not require that the alien specifically establish a present residence abroad which he has no intention of abandoning, the consular officer must be satisfied that the alien is entering the United States on a temporary transfer and will return to employment abroad following completion of this temporary assignment. If the transfer is intended to be permanent, the alien would not qualify for a nonimmigrant L visa, and an immigrant visa application would be necessary. Purpose NATO ALIENS IN CLASSIFICATION NATO-1 THROUGH NATO-7 Aliens are classifiable under symbol NATO-1,NATO-2, NATO-3, NATO-4, or NATO-5 (Sec. 101 (a) (15) INA) if purpose or admission to the United States is under provisions of the Agreement on the Status of the North Atlantic Treaty Organization, National Representatives and International Staff, or that he is a member of the immediate family of an alien classified under the symbol NATO-1 through NATO-5. Members of a civilian component accompanying a force entering in accordance with provisions of NATO Status-of-Forces Agreement, and his dependents, or aliens members of civilian component attached to or employed by an Allied Headquarters pursuant to the North Atlantic Treaty, and his dependents, are classifiable under symbol NATO-6. Alien attendants, servants, or personal employees of aliens classified under NATO-1 through NATO-6, are classifiable as NATO-7. Grounds for refusal NATO-1, 212(a) (27); NATO-2, 212(a)(27) and (29); NATO-3 and NATO-4, 212(a) (27) and (29); NATO-5, all; NATO-6, 212(a) (27) and (29); NATO–7, all. Application and eligibility A visa in the NATO category is ordinarily issued only upon receipt by the responsible consular officer of a note from NATO authority. The note will identify the alien, his purpose of travel etc, under the Status of the North Atlantic Treaty Organization. Problems I have already discussed some of the general problems associated with nonimmigrant visa classification, issuance and refusals. I would now like to go into detail regarding some problems associated with specific nonimmigrant classifications as well as the overall problem of fraud. I believe that a discussion of the problems associated with the "A", Government Official, "E", Treaty Trader or Investor, and "F", Student categories would be illustrative of the problems we face. Of course I will be glad to discuss other problem areas later during my testimony if the committee has any questions. Concerning the A visa category, it is not infrequent that a diplomat in A-1 status will request that the same classification be accorded to someone whose status as an A-1 may be questionable. An example is that of an Ambassador who would like to take his brother or his niece to the United States in A-1 status in order that they may study for a few years while he is stationed in Washington. If his brother or niece are members of another household and/or independent, they would not qualify as members of his "immediate family" and should obtain another appropriate nonimmigrant visa other than A-1. Because of the wide range of government officials and employees who may be classified as A-2-which does not confer diplomatic immunity-there are some incidents of misuse or abuse of this category by officials of some governments. Foreign officers and enlisted military personnel, civil servants, and other nondiplomatic governmental employees may receive this category of visa. Aliens who are low-level employees of a foreign government may obtain documentation as A-2's to enter the United States on a temporary assignment not connected with that country's diplomatic mission here. Some aliens have taken advantage of this status to remain illegally in the U.S. once their official mission has been accomplished. Some countries have attempted to staff what would appear to be commercial enterprise, such as banks, travel agencies, and even gift shops, with persons documented as A-2. Students from several Middle Eastern countries have in the past been documented under the A-2 classifications. This policy is now under consideration at the highest levels of the Department and will be decided shortly. It is difficult for a consular officer to question what a foreign government considers to be its sovereign right to determine what is or is not an official position. Nevertheless, we make every possible effort to prevent the unwarranted use of this visa category. There is abuse of A-3 visa classification because of the delicacy of refusing a visa to an applicant who is sponsored by a diplomat in A-1 or official in A-2 status. The diplomats hold strongly that it is their privilege to bring anyone they wish to their home and that it is highly improper for the U.S. Consul to question this point. Frequently diplomats request A-3 visas for their own relatives or as a favor to a friend. Applicants for A-3 visas sometimes give false information regarding their qualifications as domestics to the U.S. Consul. If they succeed in obtaining a visa they are immediately in a position to request a derivative visa for their own entire family. There are no precise statistics, but it is generally known that many spouses of of A-1, A-2, and A-3 aliens are working in private jobs not encompassed by the "education, cultural, and health" fields, which are the only ones that may be authorized. These aliens work in jobs ranging from professional to menial labor. However, so long as their A-category spouse maintains his or her status with the foreign mission, the dependent also is entitled to his derivative status and is therefore not subject to deportation or other corrective action by the immigration Service. The problems and issues surrounding the student classification have been the subject of much controversy in recent years. In 1973 the Department revised its instructions to consular officers concerning consideration of the financial capabilities of prospective students. The object of this revision was not to make a substantive change in the criteria of consideration, but merely to emphasize more forcefully the criteria which the Department had always considered to be the applicable ones. In particular, the Department emphasized the necessity of considering the applicant's financial situation over the entire period of his studies in the United States and not merely for the initial year thereof. The academic community has taken the position that this represents a substantive change from prior procedure. Other issues which arise in respect of nonimmigrant students center around the approval of institutions for enrollment of such aliens and the practices in which certain approved institutions engage. At some vocational, trade or proprietary schools, a high percentage of the student body is composed of aliens, În some instances more than fifty percent of the enrollment are aliens from one foreign country alone. They often study in fields which have little or no applicability in their home country. Many consular officers believe that their efforts to uncover improper practices by such institutions and report them to the Immigration Service are in vain since the Service does not appear to have the staff capacity to investigate such reports and take action against the offending institutions. One fact appears to be generally agreed that the use of a single nonimmigrant visa classification for all types of students, academic and otherwise, is a contributing factor both to abuses of student status and to confusion surrounding the true magnitude and nature of the problem. There have been legislative proposals in the past to rectify this situation, but none has been acted upon. The Department and the Immigration Service have recently embarked upon another effort to formulate remedies to this problem. We will meet in the near future and, once we have agreed upon the details of the provision we desire, we will then meet with representatives of the Department of Health, Education and Welfare whose cooperation we feel will be |