§ 214.1 General requirements for admission, extension, and maintenance of status.

Every nonimmigrant alien applicant for admission or extension of stay in the United States shall establish that he is admissible to the United States or that a ground of inadmissibility has been waived under section 212(d)(3) of the Act; present a passport, valid for the period set forth in section 212(a) (26) of the Act, except as otherwise provided in this chapter, and, upon admission, a valid visa, except when either or both documents have been waived; agree that he will abide by all the terms and conditions of his admission or extension, and that he will depart at the expiration of the period of his admission or extension or on abandonment of his authorized nonimmigrant status; and post a bond on Form I-352 in the sum of not less than $500 if required by the district director, special inquiry officer, or the Board of Immigration Appeals at the time of admission or extension, to insure the maintenance of the alien's nonimmigrant status and his departure from the United States. Nonimmigrants, other than of the classes defined in section 101 (a) (15) (C) or (D) of the act (members of which classes are ineligible for extensions of stay), in Title V of the Agricultural Act of 1949, as amended, or in section 201 of the United States Information and Educational Exchange Act of 1948, as amended, and whose period of admission has not expired shall apply on Form I-539 and may be granted or denied, without appeal, extensions of their periods of temporary admission, and, in the case of a nonimmigrant alien of the class defined in section 101 (a) (15) (F) of the act, authorization of employment or practical training by an officer in charge of a suboffice or a district director.

CODIFICATION: § 214.1 was revised, 23 F.R. 5815, Aug. 1, 1958, and subsequently amended as follows:

1. The first sentence was amended, 24 F.R. 3790, May 12, 1959.

2. The second sentence was amended, 23 F.R. 9123, Nov. 26, 1958.

§ 214.2 Special requirements for admission, extension, and maintenance of status. The general requirements in § 214.1 are modified for the following nonimmigrant classes:

by the Secretary of State subsequent to admission shall prima facie establish the classification of a nonimmigrant defined in section 101(a) (15(A) of the act.

(b) Visitors. The classification of visitors in the act has been subdivided for visa, admission, and extension purposes into visitors for business (B-1) and visitors for pleasure (B-2).

(c) Transits—(1) Without visas. Any alien, except a citizen and resident of the Union of Soviet Socialist Republics, Estonia, Latvia, Lithuania, Poland, Czechoslovakia, Hungary, Rumania, Bulgaria, Albania, Communist-controlled China ("Chinese People's Republic”), North Korea ("Democratic People's Republic of Korea"), the Soviet Zone of Germany (“German Democratic Republic"), and North Viet-Nam ("Democratic Republic of Viet-Nam"), applying for immediate and continuous transit through the United States, must establish that he is admissible; that he has confirmed and onward reservations to at least the next country beyond the United States (except that, if seeking to join a vessel or aircraft in the United States as a crewman, the vessel or aircraft will depart directly foreign, and his departure will be completed within a maximum of 5 calendar days after his arrival, and, if joining a vessel, the crewman is in possession of, or makes application upon arrival for, a Form I-184 permanent landing permit and identification card), and that he has a document establishing his ability to enter some country other than the United States. Except for transit from one part of foreign contiguous territory to another part of the same territory, application for direct transit without a visa must be made at one of the following ports of entry: Boston, Mass.; New York, N.Y.; Norfolk, Va.; Baltimore, Md.; Philadelphia, Pa.; Miami, Fla.; Tampa, Fla.; New Orleans, La.; San Antonio, Tex.; Dallas, Tex.; Houston, Tex.; Brownsville, Tex.; Los Angeles, Calif.; San Francisco, Calif.; Honolulu, Hawaii; Seattle, Wash.; Portland, Oreg.; St. Paul, Minn.; Chicago, Ill.; Detroit, Mich.; Anchorage, Alaska; San Juan, P.R.; Charlotte Amalie, V.I.; Christiansted, V.I.; Agana, Guam. The acceptance of the transit privilege constitutes an agreement by the alien and the carrier that he will depart voluntarily from the United States without recourse to any hearing or proceeding provided for in this chapter

and that at all times he is not aboard an aircraft which is in flight through the United States he shall be in the custody directed by the district director, provided that if admissibility is established only after exercise of the discretion contained in section 212(d) (3) (B) of the Act the alien shall be in the custody of the Service at carrier expense and must depart on the earliest and most direct foreign-destined plane or vessel.

(2) United Nations Headquarters District. An alien of the class defined in section 101 (a) (15) (C) of the act, whose nonimmigrant visa by its own terms is limited to transit to and from the United Nations Headquarters District, shall be admitted, if otherwise admissible, on the additional conditions that he proceeds directly to New York City and remains there continuously, departing therefrom only if required in connection with his departure from the United States, and that he has a document establishing his ability to enter some country other than the United States following his sojourn in the United Nations Headquarters District.

(d) Crewmen. The provisions of Parts 252 and 253 of this chapter shall govern the landing of crewmen as nonimmigrants of the class defined in section 101 (a) (15) (D) of the act.

(e) Traders and investors. A trader or dependent admitted to the United States under the Immigration Act of 1924 prior to December 24, 1952, shall annually, on the anniversary date of his original admission, submit Form I-126 to the district director having jurisdiction over his residence.

(f) Students. A student shall not be eligible for admission to the United States unless he presents Form I-20 properly filled out by the school to which he is destined and he personally executes the reverse of the form. Form I-20 presented by a student returning from a temporary absence may be retained by him and used for any number of reentries within six months from date of issuance. A student shall not be eligible for extension of stay unless he presents Form I-20 properly filled out by the school he is attending.

(g) Representatives to international organizations. The determination by a consular officer prior to admission and the recognition by the Secretary of State subsequent to admission shall

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prima facie establish the classification of a nonimmigrant defined in section 101 (a) (15) (G) of the act.

(h) Temporary employees. An alien of the classes defined in section 101 (a) (15) (H) of the act must be the beneficiary of an approved visa petition filed in his behalf.

(i) Representatives of information media. The admission of an alien of the class defined in section 101 (a) (15) (I) of the act constitutes an agreement by the alien not to change the information medium or his employer until he obtains permission to do so from the district director having jurisdiction over his residence.

(j) Exchange aliens. An exchange alien shall not be eligible for admission to the United States or extension of stay unless he presents Form DSP-66 properly filled out by the sponsor of his program and personally executes the reverse of the form. Form DSP-66 presented by an exchange alien returning from a temporary absence may be retained by him and used for any number of reentries within six months from date of issuance.

(k) Mexican agricultural workers. An alien, native and citizen of Mexico, bona fide resident of that country for the preceding year, shall, upon fingerprinting on Form AR-4, be issued a Form I100C and admitted for agricultural employment at a port of entry (reception center) provided the immigration officer is satisfied that the alien will, and the alien agrees to, abide by the following conditions: that he will engage only in employment specified in Title V of the Agricultural Act of 1949, as amended, the Migrant Labor Agreement of 1951, as amended, and the contract of employment approved by the Secretary of Labor; that he will depart upon the expiration of the period for which he was admitted; and that he will carry with him at all times during his authorized stay in the United States the Form I100C issued to him at the time of admission or extension and surrender it at the port of entry through which he departs to Mexico, except that such form may be retained by an agricultural worker, still maintaining status, returning temporarily to Mexico, provided a furlough letter is presented, signed by his employer and endorsed by a representative of the United States Employment Serv

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ice and Mexican consul when the furlough exceeds 15 days or is during the last 15 or 30 days respectively of a contract less than or exceeding six weeks. Pursuant to the authority contained in section 212 (d) (3) of the act, the bar to admissibility contained in paragraph (16) or (17) of section 212 (a) of the act is hereby waived for an alien who establishes that he is otherwise admissible as an agricultural worker except for his previous removal or deportation because of entry without inspection or lack of required documents.

CODIFICATION: § 214.2 was revised, 23 F.R. 5817, Aug. 1, 1958, and subsequently amended as follows:

1. The first and third sentences of paragraph (c) (1) were amended, 25 F.R. 6431, July 8, 1960.

2. Paragraph (f) was amended, 25 F.R. 582, Jan. 23, 1960.

3. In the first sentence of paragraph (k), the words "on Form AR-4" were inserted after "fingerprinting," 25 F.R. 7782, Aug. 16, 1960.

Prior Amendments

1960: 25 F.R. 3754, Apr. 29.

§ 214.3 Petitions for approval of schools. Any institution or place of study seeking approval for the attendance of alien students shall file with the district director having administrative jurisdiction over the place in which it is located a Form I-17. The petitioner shall be notified of the decision, and, if the petition is denied of the reasons therefor and of the right to appeal in accordance with the provisions of Part 103 of this chapter. Whenever a district director having administrative jurisdiction over the place in which an approved institution of learning or place of study is located has reason to believe that it is no longer entitled to approval, he shall send it a notice containing the reasons why it is proposed within 30 days of the delivery of the notice to enter a decision withdrawing the approval previously granted. Within such 30-day period, which may be extended, the institution or place of study may submit to the district director written representations, under oath and supported by documentary evidence, setting forth reasons why the approval should not be withdrawn. After consideration of the facts presented, the district director shall notify the institution or place of study in writing of his decision and if said decision is to with

draw the approval previously granted the reasons therefor and of its right to appeal in accordance with the provisions of Part 103 of this chapter. The report on the initial registration and termination of each nonimmigrant student shall be made on Form I-21.

CODIFICATION: § 214.3 was revised, 23 F. R. 5817, Aug. 1, 1958. Subsequently, the second and fifth sentences were amended to read as set forth above, 23 F. R. 9123, Nov. 26, 1958.

ers.

§ 214.4 Petitions for temporary workThe petition to import an alien to perform services, labor, or training under section 214 (c) of the Act shall be filled on Form I-129B. The petitioner shall be notified of the decision and if the petition is denied of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

CODIFICATION: § 214.4 was revised, 23 F. R. 5818, Aug. 1, 1958. Subsequently, the last sentence was amended to read as set forth above, 23 F. R. 9123, Nov. 26, 1958.

Part 214a-Admission of Nonimmigrants: Foreign Government Official [Revoked, 23 F. R. 5818, Aug. 1, 1958]

Part 214b-Admission of Nonimmigrants: Temporary Visitor for Business or Pleasure [Revoked, 23 F. R. 5818, Aug. 1, 1958]

Part 214c-Admission of Nonimmigrants: Transit Aliens [Revoked, 23 F. R. 5818, Aug. 1, 1958]

Part 214d-Admission of Nonimmigrants: Crewmen [Revoked, 23 F. R. 5818, Aug. 1, 19581

Part 214e-Admission of Nonimmigrants: Treaty Trader [Revoked, 23 F. R. 5818, Aug. 1, 19581

231.1 Arrival manifests for passengers. 231.2 Departure manifests for passengers.

AUTHORITY: §§ 231.1 and 231.2 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 101, 212, 231, 238, 239, 66 Stat. 166, 182, 195, 202, 203; 8 U.S.C. 1101, 1182, 1221, 1228, 1229.

§ 231.1 Arrival manifests for passengers.

The master or agent of every vessel or aircraft arriving in the United States from a foreign place, except one arriving directly from Canada on a voyage or flight originating in that country, must present a manifest of all passengers on board to the immigration officer at the first port of arrival. For aircraft, or such vessels as are given advance permission to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) prepared for and presented by each passenger, except that an arrival-departure card is not required for an arriving, through-flight, air passenger at a United States port from which he will depart

directly to a foreign place on the same flight, provided the number of such through-flight passengers is noted on Customs Form 7507 and such passengers remain during ground time in a separate area under the direction and control of the Service. For all other vessels the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a completely executed set of Forms I-94 prepared for and presented by each alien passenger except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda.

When inspection of an arriving passenger is deferred at the request of the carrier to another port of debarkation, the manifests relating to any such passenger shall be returned, together with a Form I-92 when the Form I-94 manifest procedure is used for presentation by the master or agent at the port where inspection is to be conducted.

CODIFICATION: § 231.1 was revised, 24 F.R. 3790, May 12, 1959. Subsequently, the second sentence was amended, 25 F.R. 4275, May 13, 1960.

Prior Amendments

1958: 23 F.R. 9123, Nov. 26.

§ 231.2 Departure manifests for passen

gers.

The master or agent of every vessel departing from the United States for a foreign place, except one departing directly to Canada on a voyage or flight terminating in that country, must present a manifest of all passengers on board to the immigration officer at the port of departure prior to departure, except that vessels or aircraft making regularly scheduled voyages or flights to and from the United States may defer presentation for a period not in excess of 30 days. For aircraft, or such vessels as are given advance permission to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) for each passenger, except a through-flight passenger for whom an arrival-departure card was not prepared upon arrival. For all other vessels, the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a fully executed Form I-94 for each alien passenger except an alien permanent resident of the United States, a Canadian citizen, or a British subject residing

in Canada or Bermuda. When a Form I-94 is required to be submitted for an alien by a departing vessel or aircraft, the Form I-94 given the alien at the time of his last admission should be utilized. Any alien registration receipt card on Form I-151 surrendered pursuant to Part 264 of this chapter shall be attached to the manifest. An alien nonimmigrant departing on a vessel or aircraft proceeding directly to Canada on a voyage or flight terminating in that country should surrender any Form I-94 in his possession to the Canadian immigration officer at the port of arrival in that country.

CODIFICATION: § 231.2 was revised, 24 F.R. 3790. Subsequently, the second sentence was amended, 25 F.R. 4275, May 13, 1960, and the third and fifth sentences were amended, 25 F.R. 7180, July 29, 1960.

§ 235.1

General qualifications.

For the purpose of this part, any coming to a United States port from a foreign port, from an outlying possession of the United States, from Guam, Puerto Rico, or the Virgin Islands of the United States or from another port of the United States at which examination under this part was not completed shall be regarded as an arrival. Any persons (including an alien crewman) passing through the Canal Zone on board a vessel which enters and clears at a Canal Zone port only to transit that Zone, to refuel, or to land passengers or crewmen for medical treatment, shall not be regarded as coming from a foreign port solely by reason of such passage."

CODIFICATION: In § 235.1 two sentences set forth above were added as second and third sentences, respectively, 23 F.R. 9123, Nov. 26, 1958. Subsequently, "Hawaii," was deleted from the second sentence, 24 F.R. 6477, Aug. 12, 1959.