s visas

The S nonimmigrant classification was established in 1994 and is reserved for witness and/or informants in criminal and/or counter-terrorists matters, including investigations and prosecutions of international narcotics trafficking.  Issuance of the visa is completely discretionary and only an authorized law enforcement agency (LEA) can apply for the classification. 

The application requires the concurrence of the Criminal Division of the U.S. Department of Justice and, in the case of counter-terrorist matters, the Secretary of State.  After the LEA's application is certified, the USCIS Commissioner's office must determine if the particular alien is otherwise admissible and, if not, to consider a waiver. Final approval rests with the Commissioner and admission is for a maximum of three years. 

As a practical matter, the classification is rarely used since most such witnesses and informants qualify for the Federal Witness Protection Program.


For a full list of Visas available to Foreign Nationals please click here.