\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 34 Other Employment Authorized Nonimmigrants (E, I & R Classifications). \ 34.1 Background. [Chapter 34.1, revised 12/22/2005]
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34.1 Background. [ Chapter 34.1, revised 12/22/2005 ]


Other nonimmigrant workers are discussed in Chapter 31 (H-classes), Chapter 32 (L-class), and Chapter 33 (O- and P-classes). This chapter is a catch-all for the remaining nonimmigrant classes of aliens who are entering the U.S. principally to engage in employment. This chapter includes treaty traders and investors, representatives of the information media, various religious workers and E-3 Specialty Occupation Workers. These classes are considered collectively within this chapter because, unlike the H, L, O and P classes, they do not require pre-approval of a petition by USCIS, unless there has been a substa ntial change in the terms or conditions of E status (see 8 CFR 214.2(e)(8) ). Initial application for a visa to enter in any of these classes may be made at a consular office overseas. For applicants already in the U.S. in another nonimmigrant category, application may be made using Form I-129 (except for the I class, which is filed on Form I-539 ). Among these classes, only the E-1 and E-2 classes, treaty traders and investors, have any significant amount of policy guidance in the form of regulations or precedent decisions. The I category has existed for many years. The R category, added in 1990 by Section 209 of Pub. L. 101-649 , was created to permit the temporary admission of religious workers as defined in paragraphs (I), (II) or (III) of section 101(a)(27)(C)(ii) of the Act. The E-3 category, added in 2005 by section 501 of Division B of Pub. L. 109-13 , was created to permit the temporary admission of nationals of the Commonwealth of Australia who are entering the U.S. to perform services in a “specialty occupation.”


\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 34 Other Employment Authorized Nonimmigrants (E, I & R Classifications). \ 34.1 Background. [Chapter 34.1, revised 12/22/2005]
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