to be responsible either for providing, or for ensuring that the alien is provided such additional care, training, or schooling as the diagnostic studies indicate to be necessary; (b) that the alien, his sponsoring family member, or other responsible person has made complete financial arrangements for payment of any charges that will be made during the 5-year period for all necessary diagnostic studies, care, and specialized training or schooling of the alien, including services to be received from the specified facility or specialist or from other sources; (c) that the specified facility or specialist will furnish the U.S. Quarantine Station Rosebank, Staten Island, N.Y., 10305, an initial report giving a current evaluation of the mental status of the alien within 30 days after his arrival; semiannual reports of his mental status for a period of 5 years, even if he has been discharged from care, training, or schooling, unless approval has been granted by the U.S. Public Health Service to transfer responsibility for the medical supervision of the alien to another facility or specialist; prompt notification of the death of the alien, of his departure without approval of the facility or specialist, or of his failure to report to the facility or specialist as may be required in connection with semiannual reports, or of his failure to report to the facility or specialist within 30 days after the facility or specialist receives notice from the U.S. Public Health 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 this paragraph (b) 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 U.S. Quarantine Station, Rosebank, Staten Island, N.Y., 10305. 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 has been a participant in an exchange program and who believes that compliance with the foreign residence requirement of section 212(e) of the Act would impose exceptional hardship upon his spouse or child who is a citizen of the United States or a lawful permanent resident alien shall apply for a waiver on Form I-612. The alien's spouse, if also subject to the foreign residence requirement, may be included in the application, provided the spouse has not been a participant in the exchange program. Each application 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 United States citizen or lawful permanent resident alien, if the application is based upon a claim of exceptional hardship to such child, and evidence of the United States citizenship of the applicant's spouse or child, when the application is based upon a claim of exceptional hardship to the spouse or Ichild who is a citizen of the United States. Evidence of United States citizenship and of status as a lawful permanent resident shall be in the form provided in Part 204 of this chapter. A statement, dated and signed by the applicant, shall also be attached to the application 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 spouce 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. The applicant shall be notified of the decision on his application and, if the application is denied, the reasons therefor. The applicant and his spouse shall be interviewed by an immigration officer in connection with the application. No appeal shall lie from denial of an application.

[29 F.R. 12584, Sept. 4, 1964, and 29 F.R. 13242; Sept. 24, 1964, as amended at 30 F.R. 14776, Nov. 30, 1965; 30 F.R. 15796, Dec. 22, 1965; 31 F.R. 5118, Mar. 30, 1966; 31 F.R. 11714, Sept. 7, 1966; 31 F.R. 13114, Oct. 11, 1966; 32 F.R. 2500, Feb. 7, 1967; 32 F.R. 9625, July 4, 1967]

§ 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, and who are special immigrants as described in section 101(a) (27) (A) of the Act (except the parents, spouses, or children of United States citizens or aliens lawfully admitted to the United States for permanent residence), or 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 an applicant for admission to the United States or to an applicant for adjustment of status under section 245 who establishes that he will not perform skilled or unskilled labor.

(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 finance has guaranteed her support; (4) an alien who will engage

in a commercial or agricultural enterprise in which he had invested or is actively in the process of investing a substantial amount of capital; (5) an alien who establishes satisfactorily that he has been accepted by an institution of learning in the United States for a full course of study of at least two full consecutive academic years and that he has sufficient financial resources to support himself and will not seek employment during that period. If it will be necessary for the spouse of such a student to accept employment in the United States, the spouse must obtain a labor certification notwithstanding the provisions of item (2) of this paragraph.

(c) Department of Labor certifications in connection with visa petitions and applications for adjustment of status. The following shall be applicable when a labor certification is required with a visa petition for classification under section 203 (a) (3) or (6) of the Act filed pursuant to section 204 of the Act and Part 204 of this chapter, or an application by a nonpreference alien for adjustment of status under section 245 of the Act and Part 245 of this chapter:

(1) Schedule A, 29 CFR Part 60. The Secretary of Labor has, by regulation, issued a blanket certification under section 212(a) (14) of the Act to aliens having occupations in the categories of employment currently listed in Schedule A, 29 CFR Part 60. In such cases, Forms ES-575A and the documentary evidence required by the instructions attached to the visa petition or application for adjustment of status shall be submitted to the Service with such visa petition or application for adjustment of status. Form ES-575B is not required. Upon a determination by the district director that the evidence establishes the alien's qualifications for employment in one of the categories currently listed in Schedule A, the alien will be considered as having obtained the required labor certification.

(2) Members of the professions, or persons with exceptional ability in the sciences or the arts. Regardless of whether the profession or the scientific or artistic field in which the alien is alleged to have exceptional ability is included in the categories of employment currently listed in Schedule A, 29 CFR Part 60, Forms ES-575A and the documentary evidence required by the instructions attached to the visa petition

or application for adjustment of status must be submitted to the Service in support of any visa petition on Form I-140 to accord the alien preference classification on the basis of his profession or occupation, or in support of an application for adjustment of status by a nonpreference alien who claims to be a member of the professions or a person with exceptional ability in the sciences or the arts. Form ES-575B is not required in such cases. If the district director determines that the alien is qualified in one of the categories of employment currently listed in Schedule A, the alien will be considered as having obtained the required certification. If the district director determines that the alien is qualified in a profession, art, or science which is not included in Schedule A, the district director will refer Form ES-575A to the Administrator, Bureau of Employment Security, U.S. Department of Labor for a determination as to whether an individual labor certification will be issued. In such cases, the visa petition or application for adjustment of status may not be approved unless and until the required certification is issued.

(3) Schedule B, 29 CFR Part 60. The Secretary of Labor has by regulation, Schedule B, 29 CFR Part 60, listed categories of employment for which he has determined that he cannot now issue the labor certification required by section 212(a) (14) of the Act. Since the required certification cannot be obtained when the alien will be engaged in an occupation included in Schedule B, the district director shall deny any visa petition seeking to confer a preference classification upon the basis of the alien's employment in such occupation. The district director shall also deny an application for adjustment of status by a nonpreference alien who will be employed in such occupation.

(4) Schedule C, 29 CFR, Part 60. The Secretary of Labor has by regulation, Schedule C, 29 CFR Part 60, listed categories of employment which require individual labor certifications, but which do not require a job offer from an employer. If the alien's occupation is included in the categories of employment currently listed in Schedule C, Forms ES-575A and the documentary evidence required by the instructions attached to the visa petition or application for adjustment of status shall be submitted in support of the visa petition or application for adjustment of status. Form ES-575B is

not required in such cases. Upon the district director's determination that the alien is qualified for and will be employed in a category of employment included in Schedule C, the district director will refer Form ES-575A to the Administrator, Bureau of Employment Security, U.S. Department of Labor for a determination as to whether an individual labor certification will be issued. In such cases, the visa petition or application for adjustment of status may not be approved unless and until the required certification is issued.

(5) Aliens who are not members of the professions, who do not have exceptional ability in the sciences or arts, and whose occupations are not included in Schedules A, B, or C, 29 CFR Part 60—(i) General. When an alien will be employed in an occupation not included in the categories of employment currently listed in Schedules A, B, or C, 29 CFR Part 60, and the alien is not a member of the professions or a person with exceptional ability in the sciences or the arts, the visa petition or application for adjustment of status must be supported by Forms ES-575 A and B, bearing the individual certification of the Secretary of Labor or his designated representative and by the documentary evidence required by the instructions attached to the visa petition or application for adjustment of status. To apply for the certification, the executed Forms ES-575 A and B and required documentary evidence must be submitted by the alien's employer or prospective employer to the local office of the State Employment Service serving the area of intended employment.

(ii) Multiple certifications. When a multiple certification on Form ES-575B has been issued by the Department of Labor to an employer who intends to employ a number of aliens in identical positions, the endorsed Form ES-575B bearing the certification of the Secretary of Labor or his designated representative for a specified number of positions shall be submitted as an attachment to the first visa petition or application for adjustment of status filed by or on behalf of an alien named in the list attached to the endorsed Form ES-575B to fill one of the specified positions. Form ES-575A and requisite documentary evidence relating to the alien shall also be attached. Any visa petition or application for adjustment of status subsequently filed by or on behalf of another alien named in

the list attached to the endorsed Form ES-575B need not be accompanied by that form, but shall be accompanied by Form ES-575A and the requisite documentary evidence of the alien's qualifications, together with information from the petitioner or applicant concerning the name, and Service file number if known, of the first alien in whose case the relating Form ES-575B was filed.

(6) Availability of information concerning Schedules A, B, and C. Information concerning the categories of employment listed in Schedules A, B, and C, 29 CFR Part 60, may be obtained from principal offices of the Service, from State Employment Service offices and from U.S. consular offices.

[31 F.R. 10021, July 23, 1966; 31 F.R. 10355, Aug. 22, 1966, as amended at 32 F.R. 852, Jan. 25, 1967; 32 F.R. 9625, July 4, 1967; 32 F.R. 11516, Aug. 10, 1967]

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 I-352 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 F.R. 10579, July 30, 1964, as amended at 32 F.R. 9626, July 4, 1967]

AUTHORITY: The provisions of this Part 214 issued under secs. 101, 103, 212, 214, 66 Stat. 166, 173, 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 inadmissability 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. 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) (C) or (D) of the Act (members of which classes are ineligible for extensions of stay), or section 101(a) (15) (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 the period of temporary admis

sion even though part of a single family unit, except that children under the age of 14, regardless of whether they accompanied a parent to the United States, and regardless of whether included in the passport of the parent, may be included in the application of the parent without any additional fee and may be granted the same extension as the parent. 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 by the revocation of a waiver previously authorized in his behalf under section 212(d) (3) or (4) of the Act or by the revocation and invalidation of his visa pursuant to section 221 (i) of the Act.

[25 F.R. 12067, Dec. 16, 1961, and 30 F.R. 1031, Feb. 2, 1965, as amended at 31 F.R. 11714, Sept. 7, 1966; 32 F.R. 9626, July 4, 1967]

§ 214.2

Special requirements for admission, extension, and maintenance of status.

The general requirements in § 214.1 are modified for the following nonimmigrant classes:

(a) Foreign government officials. 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) (A) of the Act. An alien who has a nonimmigrant status under section 101 (a) (15) (A) (i) or (ii) of the Act shall be admitted for the duration of the period for which he continues to be recognized by the Secretary of State as being entitled to such status. An alien who has a nonimmigrant status under section 101 (a) (15) (A) (iii) of the

Act shall be admitted for an initial period not exceeding one year, and may be granted extensions of temporary stay in increments of not more than one year. An application for extension of temporary stay by an alien who has a nonimmigrant status under section 101(a) (15) (A) (iii) shall be accompanied by a written statement from the official by whom the applicant is employed describing the current and intended employment of the applicant.

of

(b) Vistors. The classification 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). A B-1 or B-2 visitor may be admitted for an initial period of not more than six months and may be granted extensions of temporary stay in increments of not more than six months, except that the B-2 spouse or child of an alien who has a status under section 101(a) (15) (H) of the Act may be admitted for an initial period of not more than one year and may be granted extensions of temporary stay in increments of not more than one year. Except for the spouse or child of an alien having status under section 101 (a) (15) (H) of the Act, a personal interview is required before an extension of stay beyond one year from the date of admission may be granted to a B-2 visitor.

(c) Transits—(1) Without visas. An applicant for admission under the transit without visa privilege must establish that he is admissible under the immigration laws; 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 in the United States as a crewman, he will proceed directly to the vessel and upon joining the vessel, will remain aboard at all times until it departs from the United States); and that his departure from the United States will be accomplished within 10 calendar days after his arrival. 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: Buffalo, N.Y.; Rouses Point, N.Y.; Boston, Mass.; New York, N.Y.; Norfolk, Va.; Baltimore, Md.; Philadelphia, Pa.; Washington, D.C.; Miami, Fla.; Port Everglades, Fla.; Tampa, Fla.; New Orleans, La.; San Antonio, Tex.; Dallas, Tex.; Houston, Tex.; Brownsville, Tex.;