another employer is granted, a Service officer shall make a notation on the reverse of the alien's Form I-94 reading "Employment by (name of new employer) authorized," followed by the date of the authorization. Any unauthorized change to a new employer shall constitute a failure to maintain status within the meaning of section 241(a)(9) of the Act.

(f) Students-(1) General. A student seeking admission to the United States under section 101(a)(15)(F)(i) of the Act and his accompanying spouse and minor children shall not be eligible for admission unless he presents Form I20 properly filled out by himself and the school to which he is destined. The student's spouse and minor children following to join him shall not be eligible for admission into the United States unless they present Form I-20 from the school in which the student is enrolled stating that he is taking a full course of study and noted by the school to indicate the date of expiration of his authorized stay in the United States as shown on the student's Form I-94.

(1a) Full course of study. A "full course of study" as required by section 101(a)(15)(F)(i) of the Act means (i) postgraduate study at a college or university, or undergraduate or postgraduate study at a religious seminary, certified by an authorized official of the institution as a full course of study; or (ii) undergraduate study at a college or university, certified by an authorized official of the institution to consist of at least 12 hours of instruction a week, or its equivalent; or (iii) study at a postsecondary vocational, business, or language school that confers upon its graduates recognized associate or other degrees or has established that its credits have been and are accepted unconditionally by at least three institutions of higher learning within category (1) or (2) of § 214.3(c) of this chapter, and which has been certified by an authorized official of the institution to consist of at least 12 hours of instruction a week, or its equivalent; or (iv) study at any other vocational, business, or language school, certified by an authorized official of the institution to consist of at least 20 clock hours of attendance a

week, if classroom instruction comprises the dominant part of the course of study, or at least 25 clock hours a week if shop or laboratory work comprises the dominant part of the course of study; or (v) study at a primary or secondary school, certified by an authorized official of the institution to consist of class attendance for not less than the minimum number of hours a week prescribed by such school for normal progress towards graduation. Also, to be deemed a full course of study, the authorized school official must certify that successful completion of the course of study will lead to the attainment of a stated educational, professional, or vocational objective. For purposes of this section, a college or university is an institution of higher learning which awards recognized associate, bachelor, master, doctor, or professional degrees; schools which devote themselves exclusively or primarily to vocational, business, or language instructions are not included in the category of colleges or universities for such purposes. A nonimmigrant admitted to the United States prior to January 1, 1976 under section 101(a)(15)(F)(i) of the Act or granted a change to that classification prior to that date, notwithstanding that he may not be taking a full course of study as defined in this subsection, may continue in that nonimmigrant classification until he completes the course of study at the school he was authorized to attend prior to that date: provided he continues to carry not less than what the school considered to be a full course of study prior to January 1, 1976, and he otherwise continues to maintain student status.

(2) Admission. An applicant for his first admission with a nonimmigrant student visa issued on or after January 15, 1972, shall not be eligible for admission unless he establishes that he is destined to and intends to attend the school specified in his visa. Any other applicant for admission as a nonimmigrant student shall not be eligible for admission unless he establishes that he is destined to and intends to attend the school which issued the Form I-20 presented by him to the examining immigration officer at the port of arrival or the school

specified on Form I-94 presented in accordance with paragraph (f)(3) of this section. In all cases, the name of the school a student is authorized to attend shall be endorsed by the examining immigration officer on the student's Form I-94. The period of admission of a nonimmigrant student shall not exceed one year.

(3) Temporary absence. 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 one year of the date of its issuance. However, a Canadian national or an alien landed immigrant of Canada who has a common nationality with Canadian nationals who has been temporarily absent in Canada, or any alien whose visa is considered to be automatically revalidated pursuant to 22 CFR 41.125(f)(2) or is within the purview of that regulation except that his nonimmigrant visa has not expired, returning to the United States as a nonimmigrant under section 101(a)(15)(F) of the Act, shall, if otherwise admissible, be readmitted, without presentation of Form I-20, for the remainder of his initial admission or current extension of stay as shown on his Form I-94.

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(4) School transfer. A student shall not be eligible to transfer to another school unless he submits a valid Form I-20 completed by that school and the Service grants him permission transfer. Application for transfer shall be made on Form 1-538 and shall be filed in the Service office having jurisdiction over the school which he was last authorized by the Service to attend; however, if the student has failed to commence or continue fulltime attendance at such school, he may instead file the application in the Service office having jurisdiction over the school to which he wishes to transfer. Permission to transfer may be granted only if the applicant establishes that he is a bona fide nonimmigrant student, that he intends to take a full course of study at the school to which he wishes to transfer, and that he in fact was a full-time student at the school which he was last authorized by the Service to attend, unless failure to commence or continue fulltime attendance was due to circum

stances beyond his control or was otherwise justified. The name of the school to which transfer is authorized shall be endorsed on the student's Form I-94.

(5) Extension. A nonimmigrant who has a classification under section 101(a)(15)(F) of the Act may be granted extensions of stay in increments not to exceed one year each if he establishes that he is currently maintaining student status and is able and in good faith intends to continue to maintain such status for the period for which the extension is requested. Application for extension of stay shall be made on Form I-538. A student who desires an extension of stay for his spouse and children in classification under section 101(a)(15)(F)(ii) of the Act may include them in his application. A student's spouse or child shall not be eligible for an extension of stay unless the student is eligible for an extension of stay. A student who has been compelled by illness to interrupt his schooling may be granted an extension of stay without being required to change his nonimmigrant status if he establishes that he will resume a full course of study after treatment.

(6) Employment. A nonimmigrant student is not permitted to engage in off-campus employment in the United States, either for an employer or independently, unless his application to do so has first been approved by the Service. An application by a student for permission to accept or continue employment shall be filed on Form I-538. If a student requests permission to accept part-time employment because of economic necessity, he must establish that the necessity is due to unforeseen circumstances arising subsequent to entry, or subsequent to change to student classification; if his request is for permission to continue previously authorized part-time employment, his application may be adjudicated without regard to any short absence from the United States intervening since the original grant of permission. In either case, an authorized school official must certify that parttime employment will not interfere with the student's ability to carry successfully a full course of study. Permission to accept or continue employ

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ment because of economic necessity may be granted to increments of not more than 12 months each and while school is in session such employment may not exceed 20 hours per week. If a student requests permission to accept or continue employment in order to obtain practical training, an authorized school official must certify that the employment is recommended for that purpose and will provide the student with practical training in his field of study and, upon information and belief, would not be available to the student in the country of his foreign residence. Permission to accept or continue temporary employment obtain practical training may be granted in increments of not more than six months for a maximum of not more than 12 months in the aggregate. However, when the course of study was of less than 12 months' duration, the alien graduate of a college, university, or seminary as defined by paragraph (f)(la) of this section may be granted to engage in employment for practical training for an aggregate number of months not exceeding the length of that course of study unless the district director and the recommending school agree that the maximum of 12 months, is warranted. After completion of a course or courses of study at a school which devotes itself exclusively or primarily to vocational, business, or language instruction, an alien graduate of such school may be granted permission to engage in employment for practical training for a period or periods of time equal to 3 months for each 12 months during which such an alien carried a full course of study at such school in the United States. Permission to accept employment for practical training may not be granted if the training applied for cannot be completed within the maximum period of time for which the applicant is eligible. In such case, the alien graduate may apply for change to another nonimmigrant classification that would permit his accepting employment. If application is granted for permission to engage in employment to obtain practical training, the initial authorized period shall be deemed to commence either on the date the student enters upon such em

ployment or 60 days after the stu dent's completion of his course of study whichever is earlier. An applica tion for permission to accept or contin ue employment to obtain practical training must be submitted prior to the expiration of an alien student's authorized stay and, in the case of an ini tial application, not more than 60 days before graduation or completion of a course or courses of study nor more than 30 days after graduation or com pletion of such study. Such applica tion may be made earlier only if the alien is attending a college, university or seminary which certified that prac tical training is required of all degree candidates in a specified professional field, and that the alien student is & candidate for a degree in that field The application for the first period of practical training shall be submitted to the office of the Service having ju risdiction over the school recommend ing practical training. An application to continue employment for practical training must contain the recommen dation of the school in sufficient detail to enable the Service to determine whether the position is related to the applicant's major field of study. It shall be submitted to the office of the Service having jurisdiction over the actual place of employment, and shall be supported by a letter from the ap plicant's employer stating the occup tion in which the applicant is em ployed and describing the duties he is performing. A student enrolled in a college, university, or seminary having alternate work/study courses as a part of its regular prescribed curriculum may participate in such courses with out obtaining a change of status and without filing an application for per mission to accept employment; howev er, such periods of actual employment if off-campus shall be considered as periods of practical training. An appli cant for practical training who has previously participated in an alternate work/study program must submit with his application a letter from his school stating the number of hours the appli cant has participated in off-campus employment under the work/study program, a description of the appli cant's duties while employed and the name and address of the employer. A

student who has been granted permission to accept employment for practical training and who temporarily departs from the United States, may be readmitted for the remainder of the authorized period if he presents Form I-20 endorsed by his school to indicate the date to which such training was authorized by the district director. Oncampus employment pursuant to the terms of a scholarship, fellowship, or assistantship is deemed to be part of the academic program of a student otherwise taking a full course of study, if related thereto. A student who is offered this kind of on-campus employment, or any other on-campus employment which will not displace a United States resident, does not require Service permission to be engaged in such employment. Permission which is granted to a student to engage in any employment shall not exceed the date of expiration of his authorized stay and is automatically suspended while a strike or other labor dispute involving a work stoppage or layoff of employees is in progress in the occupation and at the place where the student is employed.

(7) Decision on application for extension, permission to transfer to another school, or permission to accept or continue employment. The applicant shall be notified of the decision and, if the application is denied, of the reason therefor. No appeal shall lie from the decision.

(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 prima facie establish the classification of a nonimmigrant defined in section 101(a)(15)(G) of the Act. The initial period of admission and extensions of stay of an alien defined in section 101(a)(15)(G)(v) of the Act may be authorized in increments not to exceed one year each. Every other alien defined in section 101(a)(15)(G) of the Act shall be admitted for such period of time as he continues to be so recognized by the Secretary of State.

(h) Temporary employees-(1) Petitions. An alien defined in section 101(a)(15)(H) of the Act must be the beneficiary of an approved visa peti

tion filed on Form I-129B. The petition with supporting documents shall be filed by the petitioner with the district director having administrative jurisdiction over the place in the United States where the beneficiary will perform services or receive training. If the services will be performed or the training will be received in more than one area, the petition must be filed in an office of this Service having jurisdiction over at least one of those areas. The spouse and minor children of the beneficiary are entitled to nonimmigrant H classification if accompanying or following to join him. However, neither the spouse nor any minor child may accept employment unless he is the beneficiary of an approved petition filed on his behalf. More than one beneficiary may be included in an H petition if they will be performing the same type of service or will be receiving the same type of training, will be applying for visas at the same consulate, and will be performing services or receiving training in the same immigration district. If an alien in the United States desires to perform temporary services or training for another petitioner, a new petition on Form I129B must be submitted, and if the petition is approved, an extension of stay may be granted without requiring the submission of Form I-539. The petitioner need not be a United States resident.

(2) Petition for alien of distinguished merit and ability—(i) General. A petitioner seeking to accord an alien a classification under section 101(a)(15)(H)(i) of the Act shall annex to the petition documentation, certifications, affidavits, degrees, diplomas, writings, reviews, and any other evidence attesting to the fact that the beneficiary is a person of distinguished merit and ability and that the services the beneficiary is to perform require a person of such merit and ability. School records, diplomas, and similar documentation submitted must reflect periods of attendance, courses of study, and similar pertinent data. Affidavits submitted by present or former employers or recognized experts certifying to the expertise of the beneficiary shall be in sufficient detail to be self-explanatory concerning the

ment because of economic necessity may be granted to increments of not more than 12 months each and while school is in session such employment may not exceed 20 hours per week. If a student requests permission to accept or continue employment in order to obtain practical training, an authorized school official must certify that the employment is recommended for that purpose and will provide the student with practical training in his field of study and, upon information and belief, would not be available to the student in the country of his foreign residence. Permission to accept or continue temporary employment to obtain practical training may be granted in increments of not more than six months for a maximum of not more than 12 months in the aggregate. However, when the course of study was of less than 12 months' duration, the alien graduate of a college, university, or seminary as defined by paragraph (f)(la) of this section may be granted to engage in employment for practical training for an aggregate number of months not exceeding the length of that course of study unless the district director and the recommending school agree that the maximum of 12 months, is warranted. After completion of a course or courses of study at a school which devotes itself exclusively or primarily to vocational, business, or language instruction, an alien graduate of such school may be granted permission to engage in employment for practical training for a period or periods of time equal to 3 months for each 12 months during which such an alien carried a full course of study at such school in the United States. Permission to accept employment for practical training may not be granted if the training applied for cannot be completed within the maximum period of time for which the applicant is eligible. In such case, the alien graduate may apply for change to another nonimmigrant classification that would permit his accepting employment. If application is granted for permission to engage in employment to obtain practical training, the initial authorized period shall be deemed to commence either on the date the student enters upon such em

ployment or 60 days after the student's completion of his course of study whichever is earlier. An applica tion for permission to accept or contin ue employment to obtain practical training must be submitted prior to the expiration of an alien student's authorized stay and, in the case of an initial application, not more than 60 days before graduation or completion of a course or courses of study nor more than 30 days after graduation or completion of such study. Such applica tion may be made earlier only if the alien is attending a college, university, or seminary which certified that practical training is required of all degree candidates in a specified professional field, and that the alien student is a candidate for a degree in that field. The application for the first period of practical training shall be submitted to the office of the Service having jurisdiction over the school recommending practical training. An application to continue employment for practical training must contain the recommendation of the school in sufficient detail to enable the Service to determine whether the position is related to the applicant's major field of study. It shall be submitted to the office of the Service having jurisdiction over the actual place of employment, and shall be supported by a letter from the applicant's employer stating the occupation in which the applicant is employed and describing the duties he is performing. A student enrolled in a college, university, or seminary having alternate work/study courses as a part of its regular prescribed curriculum may participate in such courses without obtaining a change of status and without filing an application for permission to accept employment; however, such periods of actual employment if off-campus shall be considered as periods of practical training. An appli cant for practical training who has previously participated in an alternate work/study program must submit with his application a letter from his school stating the number of hours the applicant has participated in off-campus employment under the work/study program, a description of the applicant's duties while employed and the name and address of the employer. A