Figure: 19 TAC §21.730(b)(3)

Chart I
Eligible Nonimmigrants--Persons with Visas that
Allow them to Domicile in the United States

Visa Type Nonimmigrant (Temporary) Visa Categories Eligible to Domicile in the United States?
A-1

Ambassadors, public ministers or career diplomats and their immediate family members

Yes
A-2

Other accredited officials or employees of foreign governments and their immediate family members

Yes
A-3

Personal attendants, servants or employees and their immediate family members of A-1 and A-2 visa holders

Yes
B-1

Temporary visitor for business

No
B-2

Temporary visitor for pleasure

No
C-1

Foreign travelers in transit through the United States

No
C-1D

Combined transit and crewmen visa

No
C-2

Person in transit to UN Headquarters under §11(3), (4), or (5) of the Headquarter Agreement.

No
C-3

Foreign government official, members of immediate family, attendant or personal employee in transit

No
C-4

Transit without Visa. See TWOV

No
D-1

Crewmember departing on same vessel of arrival

No

D-2

Crewmember departing by means other than vessel of arrival

No
E-1

Treaty traders, spouse and children

Yes
E-2

Treaty investors, spouse and children

Yes
F-1

Academic student

No
F-2

Spouse or child of F-1

No
F-3

Academic students who are Canadian or Mexican citizens, who commute across the border to study full-time or part-time in the United States.

No**
G-1

Principal resident representative of recognized foreign member government to international organization, and members of immediate family.

Yes
G-2

Other accredited representatives of recognized foreign member governments to international organization and their immediate family members

Yes
G-3

Representatives of non-recognized or nonmember government to international organization, and members of immediate family

Yes
G-4

International organization officer or employee, and their immediate family members

Yes
G-5

Attendants, servants and personal employees of G-1, G-2, G-3 or G-4 visa holders and their immediate family members

Yes
H-1B

Specialty Occupations, DOD workers, fashion models

Yes
H-1C

Nurses going to work for up to three years in health professional shortage areas

No
H-2A

Temporary agricultural workers

No
H-2B

Temporary workers, skilled and unskilled

No
H-3

Trainee

No
H-4

Spouse or child of H-1, H-2 or H-3 visa holders

H-4 dependents of H-1B, Yes;

all other H-4 dependents, No

I

Visas for foreign media representatives

Yes
J-1

Visas for exchange visitors

No
J-2

Spouse or child of J-1 visa holders

No
K-1

Fiancé(e)

Yes
K-2

Minor child of K-1

Yes
K-3

Spouse of a U.S. citizen (LIFE Act)

Yes
K-4

Child of a K-3 (LIFE Act)

Yes
L1-A

Executive, managerial

Yes
L1-B

Specialized knowledge

Yes
L-2

Spouse or child of L-1

Yes
M-1

Vocational or other nonacademic students, other than language students

No
M-2

Immediate families of M-1 visa holders

No
M-3

Vocational students who are Canadian or Mexican citizens, who commute across the border to study full-time or part-time in the U.S.

No**
N-8

Parent of alien classified as SK-3 "Special Immigrant"

Yes
N-9

Child of N-8, SK-1, SK-2, or SK-4 "Special Immigrant"

Yes

NATO 1

Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family

Yes

NATO 2

Other representatives of Member State; Dependents of Member of a Force entering in accordance with the provisions of NATO Status-of-Forces agreement; Members of such a Force if issued visas

Yes

NATO 3

Official clerical staff accompanying Representative of Member State to NATO or immediate member

Yes

NATO 4

Official of NATO other than those qualified as NATO-1 and immediate family

Yes

NATO 5

Expert other than NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family

Yes

NATO 6

Members of civilian component who is either accompanying a Force entering in accordance with the provisions of the NATO Status-of-Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents

Yes
NATO 7

Attendants, servants or personal employees of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 or NATO-6, or immediate

Yes
O-1

Extraordinary ability in the sciences, arts, education, business, athletics

Yes
O-2

Essential support staff of 0-1 visa holders

No
O-3

Immediate family members of 0-1 and O-2 visa holders

O-3 dependents of O-1 holders Yes;

O-3 dependents of O-2 holders, No

P-1

Individual or team athletes

No
P-2

Artists and entertainers in reciprocal exchange programs

No
P-3

Artists and entertainers in culturally unique programs

No
P-4

Spouse or child of P-1, P-2 and P-3.

No
Q-1

International cultural-exchange visitors

No
Q-2

Irish Peace Process Cultural and Training Program (Walsh Visas)

No
Q-3

Spouse or child of Q-2

No
R-1

Religious workers

Yes
R-2

Spouse or child of R-1

Yes
S-5

Informant of criminal organization information

No
S-6

Informant of terrorism information

No
T-1

Victim of a severe form of trafficking in persons

Yes
T-2

Spouse of a T-1

Yes
T-3

Child of a T-1

Yes
T-4

Parent of a T-1 visa holder (if the child is under 21 years of age

Yes
TC

No longer issued. TN issued in its place.

No
TD

Spouse or child accompanying TN

 
TN

Trade visas for Canadians and Mexicans in NAFTA

No
TPS

Temporary Protected Status

Yes
TWOV

Passenger or Crew

No
U-1

Victim of certain criminal activity

Yes
U-2

Spouse of a U-1

Yes
U-3

Child of a U-1

Yes
U-4

Parent of a U-1 visa holder (if the child is under 21 years of age).

Yes

V-1

Spouse of Legal Permanent Resident (LPR) who is the principal beneficiary of a family-based petition (I-130) which was filed prior to December 21, 2000, and has been pending for at least three years

Yes
V-2

Child of Legal Permanent Resident (LPR) who is the principal beneficiary of a family-based petition (I-130) which was filed prior to December 21, 2000, and has been pending for at least three years

Yes
V-3 Derivative child of a V-1 or V-2 visa holder Yes

** Please note: These international, commuting students may be eligible for a waiver of
nonresident tuition under Texas Education Code §54.060(b).