petition or authorized extension of temporary stay as shown in the Form I-171C. If a beneficiary will be returning to resume the same employment or training after the validity of the visa petition has expired and he is not in possession of an original Form I171C showing extension of his temporary stay or, if in possession of such form, he will be returning to the United States after expiration of his authorized stay as shown therein, a new visa petition must first be filed by the petitioner and approved by the Service.

(4) Petition for alien trainee (i) General. In addition to purely industrial establishments, an individual, organization, firm, or other trainer may petition for nonimmigrant trainees on Form I-129B for the purpose of giving instruction or training in agriculture, commerce, finance, government, transportation, and the professions. However, this does not apply to trainees coming to receive graduate medical education or training.

(ii) Productive employment. The source of any remuneration received by a trainee and whether or not any benefit will accrue to the petitioner are not material, but a trainee shall not be permitted to engage in productive employment if such employment will displace a United States resident. A hospital approved by the American Medical Association or the American Osteopathic Association for either an internship or residence program may petition to classify as a trainee a medical student attending a medical school abroad if he will engage in employment as an extern during his medical school vacation.

(iii) Description of training. There shall be attached to each petition for a trainee a statement describing the kind of training to be given and setting forth the proportion of time that will be devoted to productive employment; the number of hours that will be spent respectively in classroom instruction, and in on-the-job training without supervision; the position or duties for which this training will prepare him; the reason why such training cannot be obtained in the alien's country, and why it is necessary for

the alien to be trained in the United States.

(iv) Nurses. A petitioner may seek a classification under section 101(a)(15)(H)(iii) of the Act or a physi cian or nurse who is not qualified for classification under section 101(a)(15)(H)(i) of the Act, who is coming to the United States for training in furtherance of her/his career abroad in nursing. The petitioner shall attach to the petition evidence that the beneficiary has obtained a full and unrestricted license to practice professional nursing in the country where nursing education, or that such educa tion was obtained in the United States or Canada; also, a statement from the petitioner certifying that to the best of the petitioner's information and belief the beneficiary is fully qualified under the laws governing the place where the training will be received to engage in such training, and that under those laws the petitioner is authorized to give the beneficiary the desired training.

(5) Certification of documents by attorneys. A copy of a document submit. ted in support of a visa petition filed pursuant to section 214(c) of the Act and § 214.2(h) may be accepted, though unaccompanied by the origi nal, 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.

(6) Decision. In adjudicating the petition, the district director shall consider all the evidence submitted, and such other evidence as he may independently require or procure to assist his adjudication. If an adverse decision is proposed on the basis of any evidence not submitted by the petitioner, he shall be so notified before a final decision is made and invited to inspect and rebut such evidence. 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. A denial decision of the district director shall set forth the pertinent facts adduced from the evidence considered and give the specific reasons for the decision in the

ght of the facts and the relating prosions of section 101(a)(15)(H) of the ct.

(7) Validity of approved petitions. In case in which a labor certification is ot submitted, the petition shall be alid for not more than one year from he date of its approval. If a certificaon by the Secretary of Labor or his esignated representative is attached > a petition to accord an alien a classication under section 101(a)(15)(H)(ii) f the Act, the approval of the petiion shall not be valid beyond the date o which the certification is valid. When the certification does not set orth a date until which it is valid, the pproval of the petition shall not xceed 1 year from the date on which he certification was issued.

E (8) Termination of approval of petiions. The approval of any petition is utomatically terminated when the etitioner dies, goes out of business, or iles a written withdrawal of the petiion before the beneficiary arrives in the United States.

(9) Admission. A beneficiary may apply for admission to the United States only during the period of validty of the petition, or during the period of any extension of his temporary stay authorized on Form I-171C. The authorized period of the beneficiary's admission shall be governed by the period of established need for his temporary services or training, but shall not exceed the date of validity of the petition or the date until which his temporary stay had been previously authorized by the Service. Under this paragraph a physician who had been granted extension of stay under the terms of paragraph (h)(11) of this section may after a temporary absence from the United States be readmitted as a nonimmigrant under sections 101(a)(15)(H) (i), (ii), or (iii) and 214(a) of the Act, if otherwise qualified, for a period not to exceed the date until which his temporary stay had been previously authorized.

=(10) Effect of labor dispute involving a work stoppage or layoff of employees. A petition shall be denied if a strike or other labor dispute involving a work stoppage or layoff of employees is in progress in the occupation and at the place the beneficiary is to be employed

or trained; if the petition has already been approved, the approval of the beneficiary's employment or training is automatically suspended while such strike of other labor dispute is in progress.

(11) Extension of stay. An extension of stay may be authorized in increments of not more than 12 months each under the same terms and conditions that apply to an admission, except that an applicant for an individual extension on Form I-539 shall not require a new petition to continue previously authorized employment or training. A new petition shall be required on behalf of an applicant who seeks to pursue employment or training other than that previously authorized and the applicant, if he is maintaining status, may be granted an extension of stay for the period of validity of the approved petition without a Form I-539. Form I-129B shall be used when filing an application for a group extension: Provided, That when Form I-129B is filed solely for that purpose, no appeal shall lie from the denial thereof. In the case of an alien defined in section 101(a)(15)(H)(ii) of the Act, the application for extension shall be accompanied by a labor certification or a notice that such certification cannot be made; and the alien shall not be granted an extension which would result in an unbroken stay in the United States for more than 3 years. The physician who prior to January 10, 1977 was admitted to the United States under section 101(a)(15)(H) of the Act for employment or graduate training as a member of the medical profession, and who would not ordinarily now be eligible under that section solely because of the amendment which became effective January 10, 1977, may nevertheless be granted one extension of stay of up to one year on or after that date: Provided, That he/she is continuing to maintain the status under which admitted and will continue employment or training with the same employer/trainer for whom the last visa petition was approved.

(12) Special classes. The services of an entertainer beneficiary shall be restricted to the activity, area, and employer specified in the approved peti

tion. Any engagement not specified in the original petition shall require a new petition. A new petition shall also be required if the entertainer's services are engaged by a new employer or by a new agent or are to be performed in another area, except that a new petition will not be required for the appearance of an alien performer on a bona fide charity show without compensation, provided he is already in the United States pursuant to an approved visa petition. A show shall not be considered as "a bona fide charity show" within the meaning of this subparagraph if any of the musicians, entertainers, or other performers receive compensation, including reimbursement for expenses, for their performance therein. A petition shall not be required for an appearance, interview, or demonstration, without remuneration, by any nonimmigrant alien who is not an entertainer by occupation. A separate petition and fee shall be required for each group of variety entertainers comprising a separate and distinct act.

(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. The initial period of admission and extensions of stay of such aliens may be authorized in increments not to exceed one year each.

(j) Exchange aliens (1) General. As used in this chapter the term "exchange alien" means a nonimmigrant alien who was admitted to the United States under section 101(a)(15)(J) of the Act or acquired such status after admission, or who acquired exchangevisitor status under the United States Information and Educational Exchange Act of 1948, as amended. An exchange alien coming to the United States as a participant in a program designated pursuant to section 101(a)(15)(J) of the Act and his accompanying spouse and minor children shall not be eligible for admission unless the participant presents completely executed Form DSP-66. The

spouse and minor children following to join the participant shall not be eli gible for admission unless they present a copy of the current Form DSP-66 issued to the participant by his program sponsor properly endorsed by the program sponsor to indicate the date of expiration of the participant's authorized stay in the United States as shown on his Form I-94. The initial period of admission and extensions of stay of an exchange alien, spouse, and minor child may be authorized in increments of not more than 12 months each and shall be limited to the period specified on the Form DSP-66 issued to the principal alien. Applications for extension of stay by an exchange alien shall be made on a current Form DSP66. The exchange alien may also apply for an extension of stay for his spouse and child by furnishing as an attachment to Form DSP-66, their Forms I94 and a statement containing their names, dates and places of birth, their passport numbers, issuing countries and expiration dates. Form DSP-66 presented by an exchange alien returning from a temporary absence may be retained by such alien and used for any number of reentries during the balance of his previously authorized stay. However, an 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)(J) of the Act, shall, if otherwise admissible, be readmitted, without presentation of Form DSP-66, for the remainder of his initial admission or current extension of stay as shown on his Form I-94. When applying for an extension of stay a spouse or child of a participant in a designated exchange program shall be classified under section 101(a)(15)(J) of the Act unless the spouse or child is applying for an extension of stay for a purpose other than to accompany the participant. A spouse or child accompanying a participant shall not be eligible for an extension of stay unless the participant is eligible for an extension of stay. The accompanying spouse and minor children of a participant in a designated

exchange program may be granted permission to accept employment in the United States but only if such employment is for the support (including, but not limited to, customary recreational and cultural activities and related travel) of the accompanying nonparticipating spouse and minor children in the United States. If the income to be derived from such employment is needed for the support of the participant, employment shall not be authorized. The application for permission to accept employment shall be made to the district director having jurisdiction over the place where the participant is sojourning temporarily and need not be made in writing.

(2) Eligibility requirements for section 101(a)(15)(J) classification for aliens desiring to participate in programs under which they will receive graduate medical education or training-(i) Requirements. An alien coming to the United States as an exchange visitor to participate in a program under which he will receive graduate medical education or training, or an alien seeking to change his nonimmigrant status to that of an exchange visitor on Form I-506 for that purpose, must have passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health, Education, and Welfare), and must be competent in oral and written English; and shall submit a valid Form DSP-66, completely executed on or after January 10, 1977.

(ii) Exemptions. From January 10, 1977 until December 31, 1980, an alien who seeks to come to the United States as an exchange visitor to participate in an accredited program of graduate medical education or training, or an alien who seeks to change his nonimmigrant status for such purpose, may be admitted to participate in such program without regard to the requirements stated in suparagraphs (A) through (D) of section 212(j)(1) of the Act if there would be substantial disruption in the health services provided in such program because the alien was not permitted to enter the United States or change his nonimmigrant status to participate in the program on account of his inability to

comply with such requirements: Provided That an exemption from the requirements set forth in subparagraphs (A) through (D) of section 212(j)(1) of the Act shall not be granted where the granting of such exemption would increase the total number of aliens then participating in such programs to a level greater than that participating on January 10, 1977.

(3) Aliens in cancelled programs. When an exchange visitor program is cancelled by the Department of State a notification of the cancellation shall be sent by the district director to each participant in the program. The participant shall be informed that he may remain in the United States in his present status to continue his activities in the cancelled program until the date of expiration of his currently authorized stay and that he must terminate his participation in that program by that date. A copy of the notification to the alien shall be sent to the sponsor of the cancelled program. Where extension of the alien's stay will not exceed the time limitation on the type of program in which he is engaged, he shall also be informed that he may apply for an extension if he is accepted as a participant in another approved exchange program and submits Form DSP-66 executed by his new program sponsor. In such case, a release by the sponsor of the cancelled program shall not be required.

(k) Fiancees and fiances of United States citizens. An alien defined in section 101(a)(15)(k) of the Act must be the beneficiary of an approved visa petition filed on Form I-129F. The petition with supporting documents shall be filed by the petitioner with the district director having administrative jurisdiction over the place where the petitioner is residing in the United States. A copy of a document submitted in support of a visa petition filed pursuant to section 214(d) of the Act and this paragraph 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. Failure on the part of the petitioner to

satisfactorily establish that he has personally met and seen the beneficiary prior to filing the petition shall be given considerable weight in determining whether a bona fide marriage is intended. Without the approval of a separate petition on his behalf, a child of the beneficiary defined in section 101(b)(1) (A), (B), (C), (D), or (E) of the Act may be accorded the same nonimmigrant classification as the beneficiary if accompanying or following to join him. 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. The approval of a petition under this paragraph shall be valid for a period of 4 months. A petition which has expired due to the passage of time may be revalidated by a district director or an American consular officer for a period of 4 months from the date of revalidation upon a finding that the petitioner and beneficiary are free to marry and intend to marry each other within 90 days of the beneficiary's entry into the United States. The approval of any petition is automatically terminated when the petitioner dies or files a written withdrawal of the petition before the beneficiary arrives in the United States.

(1) Intra-company transferees—(1) Petition. An alien defined in section 101(a)(15)(L) of the Act must be beneficiary of an approved visa petition filed on Form I-129B. A separate petition for each such alien, 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 the services. The approval of a petition under this paragraph shall be valid for the period of established need for the beneficiary's temporary services not to exceed one year. The spouse and minor children of the beneficiary are entitled to the same nonimmigrant classification if accompanying or following to join him. However, neither the spouse nor a child may accept employment unless such spouse or child is the beneficiary of an approved petition filed in his behalf. The petitioner, who need not be a United States resi

dent, 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.

(2) Supporting evidence. A petitioner seeking to accord an alien classification under section 101(a)(15)(L) of the Act shall attach to the petition a statement describing the capacity in which the beneficiary has been employed abroad and the capacity in which he is to be employed in the United States. If the services to be rendered by the beneficiary are not managerial or executive in nature but involve specialized knowledge, the statement shall describe the nature of the specialized knowledge possessed by the beneficiary which makes his presence in the United States necessary. A copy of a document submitted in support of a visa petition filed pursuant to section 214(c) of the Act and § 214.2(1) 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.

(3) Admission, employment, and extension. A beneficiary may apply for admission to the United States only during the period of validity of the petition, or during the period of any extension of his temporary stay authorized on Form I-171C. The authorized period of the beneficiary's admission shall not exceed the date of validity of the petition or the date until which his temporary stay had been previously authorized by the Service. The approval of any petition is automatically terminated when the petitioner dies, goes out of business, or files a written withdrawal of the petition before the beneficiary arrives in the United States. Upon application on Form I539, extensions of stay may be authorized in increments of not more than 12 months under the same terms and conditions as apply to an admission, except that a new petition will not be required to continue previously authorized temporary employment. The beneficiary's spouse and children admitted in his nonimmigrant classifica