The Immigration and Nationality Act (INA) provides that foreign nationals may be admitted to the United States temporarily or may come to live permanently. Nonimmigrants are admitted for a designated period of time and for a specific purpose. The U.S. Department of State (DOS) consular officer, at the time of application for a visa, as well as the Department of Homeland Security (DHS) immigration inspectors, at the time of application for admission, must be satisfied that the alien is entitled to a nonimmigrant status. The burden of proof is on the applicant to establish eligibility for nonimmigrant status and the type of nonimmigrant visa for which the application is made. Various data on nonimmigrants who establish residence in the United States are also discussed. Broad Categories of Nonimmigrants

There are 24 major nonimmigrant visa categories, and 87 specific types of nonimmigrant visas are issued currently. These visa categories are commonly referred to by the letter and numeral that denotes their subsection in §101(a)(15); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional workers, J-1 cultural exchange participants, and S-4 terrorist informants. U.S. Both DOS consular officers (when the alien is petitioning abroad) and CBP inspectors (when the alien is entering the United States) must confirm that the alien is not ineligible for a visa under the so-called "grounds for inadmissibility" of the INA. Combined, visitor visas issued for tourism and business comprised the largest group of nonimmigrants in FY2009—about 4.1 million, down from 5.7 million in FY2000. Notable among the non-tourist categories of visas issued in 2009 were the 0.7 million students and exchange visitors (12.3%) and the 0.5 million temporary workers, managers, executives, and investors (8.7%). Since many types of visas allow people to depart and re-enter the United States, the CBP data record multiple admissions during the same year. During 2009, CBP inspectors tallied 163 million nonimmigrant admissions to the United States. Mexican nationals with border crossing cards and Canadian nationals traveling for business or tourist purposes accounted for the vast majority of admissions to the United States in FY2009, with approximately 126.8 million entries. The remaining categories and countries of the world contributed the 36.2 million I-94 admissions in FY2009. In other words, there were a total of 7.6 million visas issued and 32.8 million admissions in FY2001, in contrast to a total of 5.8 million visas issued and 36.2 million admissions in FY2009. Of the 1.8 million nonimmigrants, 50.8% (0.93 million) were temporary workers and their families, 32.2% (0.59 million) were students and their families, 13.1% (0.24 million) were exchange visitors and their families, and 3.8% (0.07 million) were diplomats, other representatives, and their families. Pathways to Permanent Residence

As discussed above, most foreign nationals seeking to qualify for a nonimmigrant visa must demonstrate that they are not coming to reside permanently. Delineating Current Law

The law and regulations set terms for nonimmigrant lengths of stay in the United States, typically have foreign residency requirements, and often limit what the aliens are permitted to do in the United States (e.g., gain employment or enroll in school).
U.S. law provides for the temporary admission of various categories of foreign nationals, who are known as nonimmigrants. Nonimmigrants are admitted for a designated period of time and a specific purpose. They include a wide range of visitors, including tourists, foreign students, diplomats, and temporary workers. There are 24 major nonimmigrant visa categories. These visa categories are commonly referred to by the letter and numeral that denotes their subsection in the Immigration and Nationality Act (INA); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional workers, J-1 cultural exchange participants, or S-4 terrorist informants.
The U.S. Department of State (DOS) consular officer, at the time of application for a visa, as well as the Department of Homeland Security (DHS) inspectors, at the time of application for admission, must be satisfied that the alien is entitled to nonimmigrant status. The burden of proof is on the applicant to establish eligibility for nonimmigrant status and the type of nonimmigrant visa for which the application is made. Both DOS consular officers (when the alien is petitioning abroad) and DHS inspectors (when the alien is entering the United States) must confirm that the alien is not ineligible for a visa under the so-called "grounds for inadmissibility" of the INA, which include criminal, terrorist, and public health grounds for exclusion.
U.S. Customs and Border Protection (CBP) inspectors in DHS tallied 163 million temporary admissions of foreign nationals to the United States during 2009. Mexican nationals with border crossing cards and Canadian nationals traveling for business or tourist purposes accounted for the vast majority of admissions to the United States, with approximately 126.8 million entries in FY2009. The remaining categories and countries of the world contributed 36.2 million admissions in FY2009. Since many types of visas allow people to depart and re-enter the United States, the CBP data record multiple admissions during the same year.
In FY2009, DOS's consular officers issued 5.8 million nonimmigrant visas. Nonimmigrant visas issued abroad had dipped to 5.0 million in FY2004 after peaking at 7.6 million in FY2001. Combined, visitor visas issued for tourism and business comprised the largest group of nonimmigrant visas in FY2009, with about 4.1 million, down from 5.7 million in FY2000. Other notable groups were 0.7 million students and exchange visitors (12.3%) and 0.5 million temporary workers, managers, executives, and investors (8.7%).
According to the most recent analysis, there were 1.8 million nonimmigrants who maintained a residence in the United States in 2008. Of the 1.8 million nonimmigrants, 50.8% (0.93 million) were temporary workers and their families, 32.2% (0.59 million) were students and their families, 13.1% (0.24 million) were exchange visitors and families, and 3.8% (0.07 million) were diplomats, other representatives, and their families. Although most nonimmigrants must demonstrate that they are not coming to reside permanently in the United States, many ultimately adjust their status to become legal permanent residents.
The law and regulations set terms for nonimmigrant lengths of stay in the United States, typically have foreign residency requirements, and often limit what aliens are permitted to do in the United States (e.g., gain employment or enroll in school), but many observers assert that the policies are not uniformly or rigorously enforced. Achieving an optimal balance among major policy priorities, such as ensuring national security, facilitating trade and commerce, protecting public health and safety, and fostering international cooperation, remains a challenge.