immigrant

(15)The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens— (B)an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; (C)an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758); (E)an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him; (i) solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national; (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; or (iii) solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation undersection 1182(t)(1) of this title; (H)an alien (i) [(a) Repealed.Pub. L. 106–95, § 2(c),,113 Stat. 1316] (b) subject tosection 1182(j)(2) of this title, who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described insection 1184(i)(1) of this titleor as a fashion model, who meets the requirements for the occupation specified insection 1184(i)(2) of this titleor, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application undersection 1182(n)(1) of this title, or (b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed insection 1184(g)(8)(A) of this title, who is engaged in a specialty occupation described insection 1184(i)(3) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation undersection 1182(t)(1) of this title, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described insection 1182(m)(1) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect undersection 1182(m)(2) of this titlefor the facility (as defined insection 1182(m)(6) of this title) for which the alien will perform the services; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined insection 3121(g) of title 26, agriculture as defined insection 203(f) of title 29, and the pressing of apples for cider on a farm, of a temporary or seasonal nature, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him; (I)upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative, if accompanying or following to join him; (J)an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements ofsection 1182(j) of this title, and the alien spouse and minor children of any such alien if accompanying him or following to join him; (K)subject to subsections (d) and (p) of, an alien who— (i)is the fiancée or fiancé of a citizen of the United States (other than a citizen described insection 1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission; (ii)has concluded a valid marriage with a citizen of the United States (other than a citizen described insection 1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status undersection 1151(b)(2)(A)(i) of this titlethat was filed undersection 1154 of this titleby the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or (iii)is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien; (L)subject tosection 1184(c)(2) of this title, an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him; (O)an alien who— (i)has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability; or (iii)is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien; (P)an alien having a foreign residence which the alien has no intention of abandoning who— (iv)is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien; (Q)an alien having a residence in a foreign country which he has no intention of abandoning who is coming temporarily (for a period not to exceed 15 months) to the United States as a participant in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the alien’s nationality and who will be employed under the same wages and working conditions as domestic workers; (R)an alien, and the spouse and children of the alien if accompanying or following to join the alien, who— (i)for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and (ii)seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii); (S)subject to, an alien— (i)who the Attorney General determines— (I)is in possession of critical reliable information concerning a criminal organization or enterprise; (II)is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and (III)whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or (ii)who the Secretary of State and the Attorney General jointly determine— (I)is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (II)is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; (III)will be or has been placed in danger as a result of providing such information; and (IV)is eligible to receive a reward undersection 2708(a) of title 22, (V)subject to, an alien who is the beneficiary (including a child of the principal alien, if eligible to receive a visa under) of a petition to accord a status underthat was filed with the Attorney General underon or before, if— (i)such petition has been pending for 3 years or more; or (ii)such petition has been approved, 3 years or more have elapsed since such filing date, and— (I)an immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas undersection 1153(a)(2)(A) of this title; or (II)the alien’s application for an immigrant visa, or the alien’s application for adjustment of status undersection 1255 of this title, pursuant to the approval of such petition, remains pending.

Source

8 USC § 1101(a)(15)


Scoping language

As used in this chapter
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