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Service that he has arrived in the United States; and (d) that the alien will be in an outpatient, inpatient, study, or other status as determined by the responsible local physician or specialist, during the initial evaluation and during any subsequent care or observation deemed necessary.

(3) Assurances: bonds. In all cases under paragraph (b) of this section the alien or his sponsoring family member shall also submit an assurance that the alien will comply with any special travel requirements as may be specified by the U.S. Public Health Service and that, upon the admission of the alien into the United States, he will proceed directly to the facility or specialist specified for the initial evaluation, and will submit to such further examinations,

treatment, schooling, training, and medical regimen as may be required, whether in an outpatient, inpatient, study, or other status, and that, before responsibility for the medical supervision of the alien is transferred to another facility or specialist, the alien or the sponsoring family member will obtain approval from the Director, Foreign Quarantine Program, Center for Disease Control, Atlanta, Ga. 30333. The alien, his sponsoring family member, or other responsible person shall provide such assurances or bond as may be required to assure that the necessary expenses of the alien will be met and that he will not become a public charge. For procedures relating to cancellation or breaching of bonds, see Part 103 of this chapter.

(c) Section 212(e). An alien who was admitted to the United States as an exchange visitor, or who acquired that status after admission, is subject to the foreign residence requirement of section 212(e) of the Act if his participation in an exchange program was financed in whole or in part, directly or indirectly, by a U.S. Government agency or by the government of the country of his nationality or last residence. An alien is also subject to the foreign residence requirement of section 212(e) of the Act if: (1) At the time of issuance to him of an exchange visitor visa and admission to the United States, or (2) at the time of his admission to the United States as

an exchange visitor, if not required to obtain a nonimmigrant visa, or (3) at the time of his acquisition of exchange visitor status after admission, he was a national and resident, or if not a national he was a lawful permanent resident or had a status equivalent to lawful permanent resident, of a country which the Secretary of State had designated, through publication by public notice in the FEDERAL REGISTER, as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was to engage in his exchange visitor prograin. An alien is also subject to the foreign residence requirement of section 212(e) of the Act if he was admitted to the United States as an exchange visitor on or after January 10, 1977 to receive graduate medical edu cation or training, or following admission, acquired such status on or after that date for that purpose. However, such exchange visitor already participating in an exchange program of graduate medical education or training as of January 9, 1977, who was not then subject to the foreign residence requirement of section 212(e) and who proceeds or has proceeded abroad temporarily and is returning to the United States to participate in the same program, continues to be exempt from the foreign residence requirement. A spouse or child admitted to the United States or accorded status under section 101(a)(15)(J) of the Act to accompany or follow to join an exchange visitor who is subject to the foreign residence requirement of section 212(e) of the Act shall also be subject to that requirement. An alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident alien, or that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, shall apply for a waiver on Form I-612. The alien's spouse and minor children, if also subject to the foreign residence requirement, may be included in the application, provided the spouse has

not been a participant in an exchange program. Each application based upon a claim to exceptional hardship must be accompanied by the certificate of marriage between the applicant and his spouse and proof of legal termination of all previous marriages of the applicant and spouse; the birth certificate of any child who is a U.S. citizen or lawful permanent resident alien, if the application is based upon a claim of exceptional hardship to such child, and evidence of the U.S. citizenship of the applicant's spouse or child, when the application is based upon a claim of exceptional hardship to the spouse or child who is a citizen of the United States. Evidence of U.S. citizenship and of status as a lawful permanent resident shall be in the form provided in Part 204 of this chapter. An application based upon exceptional hardship shall be supported by a statement, dated and signed by the applicant, giving a detailed explanation of the basis for his belief that his compliance with the foreign residence requirement of section 212(e) of the Act, as amended, would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident thereof. The statement shall include all pertinent information concerning the incomes and savings of the applicant and spouse. If exceptional hardship is claimed upon medical grounds, the applicant shall submit a medical certificate from a qualified physician setting forth in terms understandable to a layman the nature and effect of the illness and a prognosis as to the period of time the spouse or child will require care or treatment. An application based upon the applicant's belief that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, shall be supported by a statement, dated and signed by the applicant, setting forth in detail the reasons he believes he would be subject to persecution. The applicant and his spouse may be interviewed by an immigration officer in connection with the application and consultation may be had with the Department of State and the sponsor of any exchange pro

no

gram in which the applicant has been a participant. The applicant shall be notified of the decision and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. However, appeal shall lie from the denial of an application for lack of a favorable recommendation from the Secretary of State. When an interested U.S. Government agency requested a waiver of the 2-year foreign residence requirement and the Secretary of State had made a favorable recommendation, the interested agency shall be notified of the decision on its request and, if the request is denied, of the reasons therefor, and of the foregoing right of appeal. If the foreign country of the alien's nationality or last residence has furnished the Secretary of State a statement in writing that it has no objection to his being granted a waiver of the foreign residence requirement and the Secretary of State has made a favorable recommendation, the Secretary of State shall be notified of the decision and, if the foreign residence requirement is not waived, of the reasons therefor and of the foregoing right of appeal. However, this "no objection" provision shall not be applicable to the exchange visitor admitted to the United States on or after January 10, 1977 to receive graduate medical education or training, or who acquired such status on or after that date for such purpose.

[29 FR 12584, Sept. 4, 1964, and 29 FR 13242; Sept. 24, 1964, as amended at 30 FR 14776, Nov. 30, 1965; 30 FR 15796, Dec. 22, 1965; 31 FR 5118, Mar. 30, 1966; 31 FR 11714, Sept. 7, 1966; 31 FR 13114, Oct. 11, 1966; 32 FR 2500, Feb. 7, 1967; 35 FR 5959, Apr. 10, 1970; 35 FR 18582, Dec. 8, 1970; 36 FR 316, Jan. 9, 1971; 37 FR 22725, Oct. 31, 1972; 38 FR 16632, June 25, 1973; 42 FR 3627, Jan. 19, 1977]

§ 212.8 Certification requirement of section 212(a)(14).

(a) General. The certification requirement of section 212(a)(14) of the Act applies to aliens seeking admission to the United States or adjustment of status under section 245 of the Act for the purpose of performing skilled or unskilled labor, who are preference immigrants as described in section

203(a) (3) or (6) of the Act, or who are nonpreference immigrants as described in section 203(a)(8). The certification requirement shall not be applicable to a nonpreference applicant for admission to the United States or to a nonpreference applicant for adjustment of status under section 245 who establishes that he will not perform skilled or unskilled labor. A native of the Western Hemisphere who established a priority date with a consular officer prior to January 1, 1977 and who was found to be entitled to an exemption from the labor certification requirement of section

212(a)(14) of the Act under the law in effect prior to January 1, 1977 as the parent, spouse or child of a United States citizen or lawful permanent resident alien shall continue to be exempt from that requirement for so long as the relationship upon which the exemption is based continues to exist.

(b) Aliens not required to obtain labor certifications. The following persons are not considered to be within the purview of section 212(a)(14) of the Act and do not require a labor certification: (1) A member of the Armed Forces of the United States; (2) a spouse or child accompanying or following to join his spouse or parent who either has a labor certification or is a nondependent alien who does not require such a certification; (3) a female alien who intends to marry a citizen or alien lawful permanent resident of the United States, who establishes satisfactorily that she does not intend to seek employment in the United States and whose fiance has guaranteed her support; (4) an alien who establishes on Form I-526 that he has invested, or is actively in the process of investing, capital totaling at least $40,000 in an enterprise in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States who are United States citizens or aliens lawfully admitted for permnanent residence, exclusive of the alien, his spouse and children. A copy of a document sub

mitted in support of Form I-526 may be accepted though unaccompanied by the original, if the copy bears a certification by an attorney, typed or rubber-stamped in the language set forth in § 204.2(f) of this chapter. However, the original document shall be submitted, if submittal is requested by the Service.

[31 FR 10021, July 23, 1966; 31 FR 10355, Aug. 22, 1966, as amended at 34 FR 5326, Mar. 18, 1969; 38 FR 31166, Nov. 12, 1973; 41 FR 37566, Sept. 7, 1976; 41 FR 55850, Dec. 23, 1976]

PART 213-ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT

§ 213.1 Admission under bond or cash deposit.

The district director having jurisdiction over the intended place of residence of an alien may accept a public charge bond prior to the issuance of an immigrant visa to the alien upon receipt of a request directly from a United States consular officer or upon presentation by an interested person of a notification from the consular officer requiring such a bond. Upon acceptance of such a bond, the district director shall notify the U.S. consular officer who requested the bond, giving the date and place of acceptance and the amount of the bond. The district director having jurisdiction over the place where the examination for admission is being conducted or the special inquiry officer to whom the case is referred may exercise the authority contained in section 213 of the Act. All bonds and agreements covering cash deposits given as a condition of admission of an alien under section 213 of the Act shall be executed on Form I352 and shall be in the sum of not less than $1,000. The officer accepting such deposit shall give his receipt therefor on Form I-305. For procedures relating to bond riders, acceptable sureties, cancellation or breaching of bonds, see Part 103 of this chapter.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103)

[29 FR 10579, July 30, 1964, as amended at 32 FR 9626, July 4, 1967]

Sec.

PART 214-NONIMMIGRANT CLASSES

214.1 Requirements for admission, extension, and maintenance of status. 214.2 Special requirements for admission, extension, and maintenance of status. 214.3 Petitions for approval of schools. 214.4 Withdrawal of school approval.

AUTHORITY: Secs. 101, 103, 212, 214, 66 Stat. 166, 172, 182, as amended, 189; 8 U.S.C. 1101, 1103, 1182, 1184.

§ 214.1 Requirements for admission, extension, and maintenance of status.

(a) General. 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 upon admission and only when requested in connection with an extension of stay, 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. A nonimmigrant whose visa has been automatically revalidated pursuant to 22 CFR 41.125(f) shall, if otherwise admissible, be readmitted for a period not to exceed the unexpired period of his initial admission or extension of stay which had been authorized by the Service prior to his departure to foreign contiguous territory or adjacent islands, as endorsed by the Service on the Form I-94 issued in connection with the returning nonimmigrant's prior admission or stay and presented by him, or as endorsed by the issuing

or

school official or program sponsor on Form I-20 or DSP-66 presented by a returning nonimmigrant as defined in paragraph (F) (J) of section 101(a)(15) of the Act. A nonimmigrant other than one in the classes defined in section 101(a)(15)(A) (i) or (ii) or (G) (i), (ii), (iii), or (iv) of the Act (members of which classes are not required to obtain extensions of stay if they continue to be so recognized by the Secretary of State as members of such classes); section 101(a)(15)(B) who is visiting the United States temporarily for pleasure and section 101(a)(15) (C), (D), or (K) of the Act (members of which classes are ineligible for extensions of stay); or section 101(a)(15) (F) or (J) of the Act, and whose period of admission has not expired, shall apply on Form I-539 and may be granted or denied, without appeal, an extension of his period of temporary admission by an officer in charge of a suboffice or a district director. A separate application must be executed and submitted for each alien seeking an extension of temporary stay; however, regardless of whether they accompanied the applicant to the United States, the spouse and minor, unmarried children of any applicant who have the same nonimmigrant classification may be included in his application and may be granted the same extension without fee. If failure to file a timely application is found to be excusable, an extension may be granted from the time of expiration of authorized stay. When because of reasons beyond his control, or special circumstances, an alien needs an additional period of less than 30 days beyond his authorized stay within which to effect his departure, he may be granted such time without filing an application for extension. Extensions to members of a family group shall be for the same period; if one member is eligible for only a six-month extension and another for a twelve-month extension, the shorter period shall govern. For procedures relating to cancellation or breaching of bonds, see Part 103 of this chapter.

(b) Termination of status. Within the period of initial admission or extension of stay, the nonimmigrant status of an alien shall be terminated

203(a) (3) or (6) of the Act, or who are nonpreference immigrants as described in section 203(a)(8). The certification requirement shall not be applicable to a nonpreference applicant for admission to the United States or to a nonpreference applicant for adjustment of status under section 245 who establishes that he will not perform skilled or unskilled labor. A native of the Western Hemisphere who established a priority date with a consular officer prior to January 1, 1977 and who was found to be entitled to an exemption from the labor certification requirement of section 212(a)(14) of the Act under the law in effect prior to January 1, 1977 as the parent, spouse or child of a United States citizen or lawful permanent resident alien shall continue to be exempt from that requirement for so long as the relationship upon which the exemption is based continues to exist.

(b) Aliens not required to obtain labor certifications. The following persons are not considered to be within the purview of section 212(a)(14) of the Act and do not require a labor certification: (1) A member of the Armed Forces of the United States; (2) a spouse or child accompanying or following to join his spouse or parent who either has a labor certification or is a nondependent alien who does not require such a certification; (3) a female alien who intends to marry a citizen or alien lawful permanent resident of the United States, who establishes satisfactorily that she does not intend to seek employment in the United States and whose fiance has guaranteed her support; (4) an alien who establishes on Form I-526 that he has invested, or is actively in the process of investing, capital totaling at least $40,000 in an enterprise in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States who are United States citizens or aliens lawfully admitted for permnanent residence, exclusive of the alien, his spouse and children. A copy of a document sub

mitted in support of Form I-526 may be accepted though unaccompanied by the original, if the copy bears a certification by an attorney, typed or rubber-stamped in the language set forth in § 204.2(f) of this chapter. However, the original document shall be submitted, if submittal is requested by the Service.

[31 FR 10021, July 23, 1966; 31 FR 10355, Aug. 22, 1966, as amended at 34 FR 5326, Mar. 18, 1969; 38 FR 31166, Nov. 12, 1973; 41 FR 37566, Sept. 7, 1976; 41 FR 55850, Dec. 23, 1976]

PART 213-ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT

§ 213.1 Admission under bond or cash deposit.

The district director having jurisdiction over the intended place of residence of an alien may accept a public charge bond prior to the issuance of an immigrant visa to the alien upon receipt of a request directly from a United States consular officer or upon presentation by an interested person of a notification from the consular officer requiring such a bond. Upon acceptance of such a bond, the district director shall notify the U.S. consular officer who requested the bond, giving the date and place of acceptance and the amount of the bond. The district director having jurisdiction over the place where the examination for admission is being conducted or the special inquiry officer to whom the case is referred may exercise the authority contained in section 213 of the Act. All bonds and agreements covering cash deposits given as a condition of admission of an alien under section 213 of the Act shall be executed on Form I352 and shall be in the sum of not less than $1,000. The officer accepting such deposit shall give his receipt therefor on Form I-305. For procedures relating to bond riders, acceptable sureties, cancellation or breaching of bonds, see Part 103 of this chapter.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103)

[29 FR 10579, July 30, 1964, as amended at 32 FR 9626, July 4, 1967]

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