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 program 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, no 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 favor

able 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.

[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; 33 F.R. 255, Jan. 9, 1968; 34 F.R. 1008, Jan. 23, 1969; 35 F.R. 5959, Apr. 10, 1970; 35 F.R. 18582, Dec. 8, 1970; 36 F.R. 316, Jan. 9, 1971] § 212.8

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

re

(a) General. The certification quirement 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, that he will be pursuing a full course of study in the United States for 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 subparagraph (2) of this paragraph.

[31 F.R. 10021, July 23, 1966; 31 F.R. 10355, Aug. 22, 1966, as amended at 32 F.R. 852, Jan. 25, 1967; 34 F.R. 5326, Mar. 18, 1969; 34 F.R. 18085, Nov. 8, 1969]

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

66-023-72- -5

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 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 school official or program sponsor on Form I-20 or DSP-66 presented by a returning nonimmigrant as defined in paragraph (F) or (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) (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 by the revocation of a waiver previously authorized in his behalf under section 212(d) (3) or (4) of the Act; by the revocation and invalidation of his visa pursuant to section

221(i) of the Act; or by the introduction of a private bill to confer permanent resident status on such alien.

(c) Employment. A nonimmigrant in the United States in a class defined in section 101(a) (15) (B) of the Act as a temporary visitor for pleasure, or section 101(a) (15) (C) of the Act as an alien in transit through this country, may not engage in any employment. Any other nonimmigrant in the United States may not engage in any employment unless he has been accorded a nonimmigrant classification which authorizes employment or he has been granted permission to engage in employment in accordance with the provisions of this chapter. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(&) (9) 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; 34 F.R. 1586, Feb. 1, 1969; 34 F.R. 9962, June 28, 1969; 34 F.R. 18157, Nov. 13, 1969; 35 F.R. 5959, Apr. 10, 1970; 36 F.R. 8048, Apr. 29, 1971]

§ 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) 1) 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.

(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). A B-1 or B-2 visitor may be admitted for an initial period of not more than 6 months and may be granted extensions of temporary stay in increments of not more than 6 months.

(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, and that his departure from the United States will be accomplished within 10 calendar days after his arrival (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). 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.; Niagara Falls, N.Y.; Rouses Point, N.Y.; Boston, Mass.; New York, N.Y.; Philadelphia, Pa.; Baltimore, Md.; Washington, D.C.; Norfolk, Va.; Atlanta, Ga.; Miami, Fla.; Port Everglades, Fla.; Tampa, Fla.; New Orleans, La.; San Antonio, Tex.; Dallas, Tex.; Houston, Tex.; Brownsville, Tex.; San Diego, Calif.; Los Angeles, Calif.; San Francisco, Calif.; Honolulu, Hawaii; Seattle, Wash.; Portland, Oreg.; Great Falls, Mont.; St. Paul, Minn.; Chicago, Ill.; Detroit, Mich.; Denver, Colo.; Anchorage, Alaska; Fairbanks, Alaska; San Juan, P.R.; Ponce, P.R.; Charlotte Amalie, V.I.; Christiansted, V.I.; Agana, Guam. The privilege of transit without a visa may be authorized only under the conditions that the carrier, without the prior consent of the service, will not refund the ticket which was presented to the Service as evidence of the alien's confirmed and onward reservations, that the alien will not apply for extension of temporary stay or for adjustment of status under section 245 of the Act, 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.

(2) United Nations Headquarters District. An alien of the class defined in section 101(a)(15) (C) of the Act, whose visa is limited to transit to and from the United Nations Headquarters District, if otherwise admissible, shall be admitted on the additional conditions that he proceeds directly to the immediate vicinity of the United Nations Headquarters District, 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. The immediate vicinity of the United Nations Headquarters District is that area lying within a twenty-five mile radius of Columbus Circle, New York City, New York.

(3) Others. The period of admission of an alien admitted under section 101 (a) (15) (C) of the Act shall not exceed 29 days.

(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. The initial period of admission of an alien who has a nonimmigrant status under section 101 (a) (15) (E) of the Act shall not exceed one year, and such a nonimmigrant may be granted extensions of temporary stay in increments of not more than one year. An alien admitted to the United States under section 3(6) of the Immigration Act of 1924 shall annually on the anniversary date of his original admission, submit Form I-126, for which no fee is required, to the district director having jurisdiction over his residence, and shall not be required to submit Form I-539. A trader or investor and his spouse or child who accompanied or followed to join him, who acquired nonimmigrant status on or after December 24, 1952, under section 101(a) (15) (E) (i) or (ii) of the Act shall apply for an extension of the period of temporary admission on Form I-539, and such trader or investor shall submit together therewith Form I-126, properly executed by him, with such additional documents as are required by that form.

A trader or investor may change from one employer to another only if his request for permission to do so has first been approved by the district director having jurisdiction over his residence. The request shall be supported by evidence that the requester would still be classifiable as a trader or investor in the new employment. When a request by a treaty trader or investor to transfer to 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 continue 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 I-20 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. The initial period of admission of an alien who has a nonimmigrant status under section 101(a) (15) (F) of the Act shall not exceed one year. 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 I20, for the remainder of his initial admission or current extension of stay

as shown on his Form I-94. 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 to transfer. Application for transfer shall be made on Form I-538 and shall be filed in the Service office having jurisdiction over the school which he was last authorized by the Service to attend.

(2) 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 I538. A student who desires an extension of stay for his spouse and children in a 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.

(3) Employment. 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, and an authorized school official must certify that part-time employment will not interfere with the student's ability to carry successfully a full course of study. Permission to accept or continue employment because of economic necessity may be granted in 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