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<strong>Inspector's</strong> <strong>Field</strong> <strong>Manual</strong><br />
Qualifications: Must be attendant, servant, or employee of G-1 through G-4. All nonimmigrant grounds of<br />
inadmissibility apply.<br />
Terms of admission: Admit G-5, up to 3 years.<br />
Notations on I-94: G-5, (date to which admitted). Include the employer's name in block 26 on the reverse of the<br />
I-94.<br />
Special notes:<br />
(A) Presumption of eligibility. Presentation of a G-5 visa is prima facie evidence that the alien is<br />
entitled to that status.<br />
(B) Dependents. For G-5 nonimmigrants, dependents are entitled to the same classification as the<br />
principal. "Dependents include more than just the spouse and children. See definition of "Immediate family" in<br />
22 CFR 41.21.<br />
(C) Attendants and personal servants defined. The terms "attendants" and "personal employees" are<br />
defined in 22 CFR 41.21.<br />
(h) Temporary workers.<br />
(1) Classification: H-1A Includes registered nurses entering the U.S. to perform nursing services at a<br />
facility which provides health care.<br />
Documents required: Passport valid for 6 months beyond admission date. Nonimmigrant visa (H1-A).<br />
Approved I-129 petition. May present Form I-797, Notice of Action or the NIV may be notated with approval<br />
information by the consular officer.<br />
Qualifications: Must be a registered nurse. All nonimmigrant grounds of inadmissibility apply.<br />
Terms of admission: Admit H-1A for validity of petition plus 10 days prior to validity date and up to 10 days<br />
after the expiration date [See 8 CFR 214.2(h)(13).].<br />
Notations on I-94: Front: H1-A, (date to which admitted). Reverse: petition number and occupation "registered<br />
nurse." See general requirements in 8 CFR 214.2(h).<br />
Special notes:<br />
(A) H-1A sunset. This temporary nonimmigrant provision expired 9/1/95 and was not renewed by<br />
Congress. However, previously approved H1-A petitions continue to be valid for entry or reentry for<br />
employment with the petitioning employer.<br />
(B) Foreign residence requirement. H1-A does not have to establish he or she has a foreign residence.<br />
(C) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when<br />
no visa is required, to the proposed first port- of-entry of the beneficiary. Petition approval may also be sent via<br />
facsimile or cable. Information on petition approval may be verified by checking the CLAIMS database.<br />
Petitions may be valid for up to 3 years, and may be extended for up to 6 years.<br />
(D) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school<br />
without changing status.<br />
(2) Classification: H-1B. Specialty occupations (professional), Department of Defense project employees, and<br />
fashion models.<br />
Documents required: Passport valid for 6 months beyond admission date, unless exempt. Nonimmigrant visa<br />
(H-1B), unless exempt. Approved I-129 petition. May present Form I-797, Notice of Action, or the visa may be<br />
notated with approval information by the consular officer.
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