The table of visas below shows visas that are eligible and non-eligible for residency in the "Eligible for Residency" column.
An alien may qualify as a resident (a) by meeting the general one-year durational requirement, (b) by meeting one of the exceptions to the general rule, or (c) by having been granted refugee status and meeting all other requirements for domicile in this state; provided that in establishing domicile, the alien must not hold a visa that prohibits establishing domicile in this state.
Visa Type |
Description |
Eligible for Residency |
A1 |
Diplomatic or Consular |
YES |
A2 |
Foreign Government Employee/Family |
YES |
A3 |
Pers Empl/Fam mbr of A1 or A2 |
YES |
B1 |
Temporary for Business |
NO |
B2 |
Temporary for Pleasure |
NO |
C1 |
Alien in Transit |
NO |
C2 |
Alien in Transit to UN |
NO |
C3 |
Foreign government employee in transit |
NO |
D1 |
Crewman departing from the US |
NO |
D2 |
Crewman departing from Guam |
NO |
E1 |
Treaty trader, spouse and child |
YES |
E2 |
Treaty investor, spouse and child |
YES |
E3 |
Australian temporary worker |
YES |
EB-3 |
Third Priority Worker |
YES |
F1 |
Academic student |
NO |
F2 |
Spouse or child of F1 |
NO |
G1 |
Principal rep and family of foreign city |
YES |
G2 |
Other rep and family of foreign city |
YES |
G3 |
Nonrecognized foreign government rep |
YES |
G4 |
International orgn employee and family |
YES |
G5 |
Pers employee and family of G1-G4 |
YES |
H1 |
Temporary for exceptional svcs |
NO |
H1B |
Specialty occupation (temp) |
NO |
H1C |
Nurses in shortage areas |
NO |
H2A |
Temp agricultural worker |
NO |
H2B |
Temp non-agricultural worker |
NO |
H3 |
Trainee |
NO |
H4 |
Spouse or child of H1 |
NO |
I |
Information media |
NO |
IA |
Applied for permanent resident – Must have I-485 Application to Register Permanent Residence or Adjust Status form or I-797 Notice of Action form |
YES |
IP |
Permanent resident |
YES |
J1 |
Exchange visitor |
NO |
J2 |
Spouse/child of exchange visitor |
NO |
K1 |
Fiancée of a US Citizen |
YES |
K2 |
Child of fiancée of a US Citizen |
YES |
K3 |
Spouse of a US Citizen |
YES |
K4 |
Child of K3 |
YES |
L1 |
Intracompany transferee |
YES |
L2 |
Spouse or child of L1 |
YES |
M1 |
Vocational Student |
NO |
M2 |
Spouse or child of M-1 |
NO |
N6 |
NATO-6 |
YES |
N8 |
Parent of Alien SK-3 |
NO |
N9 |
Child of N8 |
NO |
O1 |
Person- Extraordinary Ability |
NO |
O2 |
Alien accompanying an O1 |
NO |
O3 |
Family of O1 or O2 |
NO |
OPT |
Optional Practical Training |
NO |
P1 |
Athletes and Entertainers |
NO |
P2 |
Exchange Program Artist |
NO |
P3 |
Culturally unique artist |
NO |
P4 |
Immediate family of P1-3 |
NO |
Q |
Cultural Exchange visitors |
NO |
R1 |
Religious worker |
NO |
R2 |
Spouse or child of R1 |
NO |
RE |
Refugee |
YES |
S |
Federal witness |
NO |
SD1 |
Sponsored domestic helper Canadian Trade |
NO |
TD |
Spouse or child of TN1 or TN2 |
NO |
TN1 |
Canada (NAFTA) |
NO |
TN2 |
Mexico (NAFTA) |
NO |
TPS |
Temporary Protective Status |
NO |
U |
Victim(s) of Criminal Activity |
YES |
V1 |
Spouse of permanent resident |
YES |
V2 |
Child of permanent resident |
YES |
V3 |
Derivative child of V1 or V2 |
YES |
WB |
Waiver- Business |
NO |
WT |
Waiver- tourist |
NO |