What US INA Admission of Nonimmigrants (8 USC 1184): Conditions, Presumption of Immigrant Status and Petitions requires
Section 214 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1184, governs the admission of nonimmigrants, administered by the Department of Homeland Security (US Citizenship and Immigration Services and Customs and Border Protection) and the Department of State. Section 1184(a) authorizes the Secretary to prescribe by regulation the time for which, and the conditions under which, a nonimmigrant may be admitted, including the taking of bonds to ensure that the alien departs the United States at the expiration of the authorized period or upon failure to maintain the status under which admitted. Section 1184(b) sets a foundational evidentiary rule: every alien (other than specified categories) is presumed to be an immigrant until the alien establishes, to the satisfaction of the consular officer at the time of visa application and the immigration officer at the time of admission, that the alien is entitled to a nonimmigrant status. Section 1184(c) requires, for certain employment-based nonimmigrant classifications (such as the H, L, O and P categories), that the importing employer first file a petition that is approved before the visa is granted, containing the information the regulations prescribe. The section also sets numerical limits: section 1184(g) caps the H-1B classification at 65,000 per fiscal year (with an exemption for certain advanced-degree holders) and the H-2B classification at 66,000 per fiscal year, and section 1184(f) addresses restrictions on alien crewmen during a labor dispute. Together these provisions establish that nonimmigrant admission is conditional and time-limited, that the burden rests on the alien to overcome the presumption of immigrant intent, and that employer-sponsored categories require an approved petition and may be subject to annual caps.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security and Department of State · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 603b07e1616626e9111dae4932ff19bcd2e1201419dcd290e8fc16427354f67c
Primary Citations — 8 traced to source
- Immigration and Nationality Act 214, 8 U.S.C. 1184(a) - authority to prescribe by regulation the time and conditions of nonimmigrant admission, including bonds to ensure departure on expiry or on failure to maintain status.
- Immigration and Nationality Act 214, 8 U.S.C. 1184(b) - presumption that every alien (other than specified categories) is an immigrant until nonimmigrant entitlement is established to the satisfaction of the consular and immigration officers.
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