(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (1) and (ii) above; (B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; (C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758); note. [Note 1. Section 11 of the Headquarters 22 U.S.C. 287, Agreement with the United Nations (signed on behalf of the United States on June 26, 1947; Act of August 4, 1947 (61 Stat. 756) authorized the President to bring into effect the said Agreement) reads as follows: "Section 11. The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of (1) representatives of Members or officials of the United Nations, or of specialized agencies as defined in Article 57, paragraph 2, of the Charter, or the families of such representatives or officials, (2) experts performing missions for the United Nations or for such specialized agencies, (3) representatives of the press, or of radio, film or other information agencies, who have been accredited by the United Nations (or by such a specialized agency) in its discretion after consultation with the United States, (4) representatives of nongovernmental organizations recognized by the United Nations for the purpose of consultation under Article 71 of the Charter, or (5) other persons invited to the headquarters district by the United Nations or by such specialized agency on official business. The appropriate American authorities shall afford any necessary protection to such persons while in transit to or from the headquarters district."] (D) an alien crewman serving in good faith as such in any capacity required for normal operation and service on board a vessel (other than a fishing vessel having its home port or an operating 8 U.S.C. 1184a. base in the United States) or aircraft, who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States with the vessel or aircraft on which he arrived or some other vessel or aircraft; (E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him: (i) solely to carry on substantial trade, principally between the United States and the foreign state of which he is a national; or (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; [Note 2. The Act of June 18, 1954 (68 Stat. 264), provides as follows: "That, upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section."] (F) (i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him and approved by the Attorney General after consultation with the Office of Education of the United States, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him; 2 Clause (ii) relating to spouse and minor children added by section 109 (a) of the Act of September 21, 1961 [Mutual Educational and Cultural Exchange Act of 1961] (75 Stat. 534). (G) (i) a designated principal resident represent- (ii) other accredited representatives of such a for- (iii) an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is not a member of such international organization, and the members of his immediate family; (iv) officers, or employees of such international organizations, and the members of their immediate families; (v) attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the immediate families of such attendants, servants, and personal employees; 22 U.S.C. 288, 5 U.S.T. 877, [Note 3. Pursuant to Articles 3, 12, 13, 14, 1094. "NATO representatives, officials and employees. (a) (1) An alien shall be classifiable under the symbol NATO-1, NATO-2, NATO-3, NATO-4, or NATO-5 if he establishes to the satisfaction of the consular officer that he is seeking admission to the United States under the applicable provision of the Agreement on the Status of the North Atlantic Treaty Organization, National Representatives and International Staff, or that he is a member of the immediate family of an alien classified under the symbol NATO-1, NATO-2, NATO-3, NATO4, or NATO-5. "(2) Armed services personnel entering the United States in accordance with the provisions of the NATO Status-of-Forces Agreement or in accordance with the provisions of the Protocol on the Status of International Military Head See note 13 on pp. 89-90. See p. 193 for classes of aliens entitled to specific classifications under each symbol. 5 quarters may enter the United States under the appropriate treaty waiver of documentary requirements contained in § 41.5(d) or (e), but if issued visas shall be classifiable under the symbol NATO-2. "(3) Dependents of armed services personnel referred to in paragraph (a) (2) shall be classifiable under the symbol NATO-2. "(b) An alien member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Statusof-Forces Agreement, and his dependents, or an alien member of a civilian component attached to or employed by an Allied Headquarters under the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, and his dependents, shall be classifiable under the symbol NATO-6. 66 "(e) An alien attendant, servant, or personal employee of an alien classified under the symbol NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6, and the members of the immediate family of such attendant, servant, or personal employee, shall be classifiable under the symbol NATO-7."] (H) an alien having a residence in a foreign country which he has no intention of abandoning (i) who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability; or (ii) who is coming temporarily to the United States to perform other temporary services or labor, if unemployed persons capable of performing such service or labor cannot be found in this country; or (iii) who is coming temporarily to the United States as an industrial trainee; (I) upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such 622 CFR 41.5 (d) and (e) provide: "(d) Armed Services personnel entering under NATO Status of Forces Agreement. Personnel belonging to the land, sea or air armed services of a government which is a Party to the North Atlantic Treaty and which has ratified the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on June 19, 1951, and entering the United States under the provisions of Article III of such Agreement pursuant to an individual or collective movement order issued by an appropriate agency of the sending state or of the North Atlantic Treaty Organisation. (TIAS 2846; 4 U.S.T. 1792) "(e) Armed Services personnel attached to NATO Allied Headquarters in the United States. Personnel attached to an Allied Headquarters in the United States set up pursuant to the North Atlantic Treaty signed in Washington, D.C., on April 4, 1949, who belong to the land, sea or air armed services of a government which is a Party to the North Atlantic Treaty, and who are entering the United States in connection with their official duties under the provisions of the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty. (TIAS 2978; 5 U.S.T. 877)" vocation, and the spouse and children of such a (J) an alien having a residence in a foreign coun- [Note 4. Pursuant to section 635 (f) of the Act 22 U.S.C. 2895 of September 4, 1961 (Foreign Assistance Act of 1961), alien participants in any program of furnishing technical information and assistance under said Act may be admitted to the United States if otherwise qualified as nonimmigrants under section 101 (a) (15) of the Immigration and Nationality Act for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General (75 Stat. 456). Note 5. Section 9 of the Act of September 22, 22 U.S.C. 2509 1961 (Peace Corps Act), reads as follows: "Sec. 9. In order to provide for assistance by foreign nationals in the training of volunteers, and to permit effective implementation of Peace Corps projects with due regard for the desirability of cost-sharing arrangements, where appropriate, the President may make provision for transportation, housing, subsistence, or per diem in lieu thereof, and health care or health and accident insurance for foreign nationals engaged in activities authorized by this Act while they are away from their homes, without regard to the provisions of any other law: Provided, however, That per diem in lieu of subsistence furnished to such persons shall not be at rates higher than those prescribed by the Secretary of State pursuant to section 12 of Public Law 84885 (70 Stat. 890). Such persons, and persons coming to the United States under contract pursuant to section 10(a) (4), may be admitted to the United States, if otherwise qualified, as non Paragraph (J) added by section 109 (b) of the Act of September 21, 1961 [Mutual Educational and Cultural Exchange Act of 1961] (75 Stat. 534-535). 29-969-64 |