nizations in one or more foreign states and which pr for the temporary exchange of artists and entertainer (iii)(I) performs as an artist or entertainer, in ually or as part of a group, or is an integral part performance of such a group, and

(II) seeks to enter the United States temporaril solely to perform, teach, or coach as such an artist tertainer or with such a group under a commercial o commercial program that is culturally unique; or

(iv) is the spouse or child of an alien describ clause (i), (ii), or (iii) and is accompanying, or follow join, the alien;

(Q) 19 an alien having a residence in a foreign c which he has no intention of abandoning who is coming t rarily (for a period not to exceed 15 months) to the States as a participant in an international cultural exc program approved by the Attorney General for the purp providing practical training, employment, and the shar the history, culture, and traditions of the country of the nationality and who will be employed under the same and working conditions as domestic workers;

(R) 20 an alien, and the spouse and children of the a accompanying or following to join the alien, who

(i) for the 2 years immediately preceding the t application for admission, has been a member of gious denomination having a bona fide nonprofit, rel organization in the United States; and

(ii) seeks to enter the United States for a peri to exceed 5 years to perform the work describ subclause (I), (II), or (III) of paragraph (27)(C)(ii); or (S) 20a subject to section 214(j), an alien

(i) who the Attorney General determines

(I) is in possession of critical reliable infor concerning a criminal organization or enterprise;

(II) is willing to supply or has supplied such mation to Federal or State law enforcement a ties or a Federal or State court; and

(III) whose presence in the United States t torney General determines is essential to the s of an authorized criminal investigation or the su ful prosecution of an individual involved in the nal organization or enterprise; or

(ii) who the Secretary of State and the Attorney eral jointly determine

(I) is in possession of critical reliable infor concerning a terrorist organization, enterprise, eration;

19 Subparagraph (Q) was added by § 208(3) of the Immigration Act of 1990 (P.L. 10129, 1990, 104 Stat. 5026), effective October 1, 1991.

20 Subparagraph (R) was added by §209(a)(3) of the Immigration Act of 1990 (P.L. Nov. 29, 1990, 104 Stat. 5026), effective October 1, 1991.

20 Subparagraph (S) was added by § 130003(a)(3) of the Violent Crime Control and forcement Act of 1994 (P.L. 103–322, 108 Stat. 2024, Sept. 13, 1994), effective with aliens against whom deportation proceedings are initiated after September 13, 199 § 130004(d) of that Act.

(13) The term "entry" means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception.

(14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions and territories under mandate or trusteeship shall be regarded as separate foreign

states.

(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens 1—

(A)(i)2 an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;

(ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and

(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;

(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

(C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of

1 See Appendix VIII. D. for visa symbols applicable to specific classes of aliens. In addition to the nonimmigrant classes specified, §§ 222 and 223 of the Immigration Act of 1990 (P.L. 101649, Nov. 29, 1990, 104 Stat. 5028), shown in Appendix II.A.1., provide, effective November 29, 1990, for additional nonimmigrant classifications for cooperative research, development, and coproduction projects and special education exchange visitor programs, respectively, for a very limited number of individuals.

2 For provisions relating to change of status of 101(a)(15)(A) (i) or (ii) foreign government officials, see § 13 of the Act of September 11, 1957 (71 Stat. 642; 8 U.S.C. 1255b), contained in footnote 173 to section 245(a). For study and report concerning the status of individuals with diplomatic immunity in the United States, see § 137 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, 101 Stat. 1345).

paragraphs (3), (4), and (5) of section 11 of the Headqu Agreement with the United Nations (61 Stat. 758); 3

(D)(i)4 an alien crewman serving in good faith as s a capacity required for normal operation and service on a vessel, as defined in section 258(a) (other than a fishin sel having its home port or an operating base in the States), or aircraft, who intends to land temporarily and in pursuit of his calling as a crewman and to depart fr United States with the vessel or aircraft on which he a or some other vessel or aircraft;

(ii) 5 an alien crewman serving in good faith as such capacity required for normal operations and service ab fishing vessel having its home port or an operating base United States who intends to land temporarily in Gua solely in pursuit of his calling as a crewman and to from Guam with the vessel on which he arrived;

(E) 6 an alien entitled to enter the United States und in pursuance of the provisions of a treaty of commer

3 Section 11 of the Agreement (22 U.S.C. 287 note) reads as follows: Section 11. The federal, state or local authorities of the United States shall not im impediments to transit to or from the headquarters district of (1) representatives of or officials of the United Nations, or of specialized agencies as defined in Article 57, p 2, of the Charter, or the families of such representatives or officials, (2) experts perfor sions for the United Nations or for such specialized agencies, (3) representatives of or of radio, film or other information agencies, who have been accredited by the United (or by such a specialized agency) in its discretion after consultation with the United S representatives of nongovernmental organizations recognized by the United Nations for pose of consultation under Article 71 of the Charter, or (5) other persons invited to quarters district by the United Nations or by such specialized agency on official busi appropriate American authorities shall afford any necessary protection to such person transit to or from the headquarters district.

4 Subsection (d) of § 315 of the Immigration Reform and Control Act of 1986 (Pub. I Nov. 6, 1986, 100 Stat. 3440), shown in Appendix II.B.1., provided for denial of crew nonimmigrant visas in cases of strikes during the 1-year period beginning on Novembe The phrase "a capacity" was substituted for "any capacity" and the phrase ", as defin tion 258(a)" was inserted by §203(c) of the Immigration Act of 1990 (P.L. 101-649, 1990, 104 Stat. 5018-5019), applicable to services performed on or after May 28, 1990. 5 Clause (ii) was added by §1 of Pub. L. 99-505 (Oct. 21, 1986, 100 Stat. 1806). § Act provides as follows:

SEC. 2. TREATMENT OF DEPARTURES FROM GUAM.

In the administration of section 101(a)(15)(D)(ii) of the Immigration and Nation (added by the amendment made by section 1 of this Act), an alien crewman shall be c to have departed from Guam after leaving the territorial waters of Guam, without whether the alien arrives in a foreign state before returning to Guam.

6 Section 307(a) of the United States-Canada Free-Trade Agreement Implementat 1988 (Pub. L. 100-449, 102 Stat. 1876, Sept. 28, 1988) provides as follows:

(a) NONIMMIGRANT TRADERS AND INVESTORS.-Upon a basis of reciprocity secured by ed States-Canada Free-Trade Agreement, a citizen of Canada, and the spouse and c any such citizen if accompanying or following to join such citizen, may, if otherwise e a visa and if otherwise admissible into the United States under the Immigration and N Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant und 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose s] Annex 1502.1 (United States of America), Part B-Traders and Investors, of such A but only if any such purpose shall have been specified in such Annex as of the dat into force of such Agreement.

For provisions of Annex 1502.1, see Appendix VI.

Section 341(a) of the North American Free Trade Agreement Implementation Act 182, 107 Stat. 2116, Dec. 8, 1993) provides as follows, effective as of January 1, 19 §342 of that Act:

(a) NONIMMIGRANT TRADERS AND INVESTORS.-Upon a basis of reciprocity secur Agreement, an alien who is a citizen of Canada or Mexico, and the spouse and child such alien if accompanying or following to join such alien, may, if otherwise eligible and if otherwise admissible into the United States under the Immigration and Natio (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant und 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose s

navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him: (i) solely to carry on substantial trade, including trade in services or trade in technology,7 principally between the United States and the foreign state of which he is a national; or (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital;

(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely 8 for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;

(G)(i)9 a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (59 Stat. 669), accredited resi

Section B of Annex 1603 of the Agreement, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the Agreement. For purposes of this section, the term "citizen of Mexico" means "citizen" as defined in Annex 1608 of the Agreement. For text of annex provisions referred to, see Appendix VI.B.

7 For list of foreign states with which the United States has a treaty of commerce and navigation, see Appendix VIII. C. The phrase ", including trade in services or trade in technology" was inserted by §204(a) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5019), effective October 1, 1991, under § 231 of such Act. § 204(b) of such Act, shown in Appendix II.A.1., considers 2 foreign states (probably Australia and Sweden) to be described in subparagraph (E) if they extend reciprocal nonimmigrant treatment to nationals of the United States. Also, the Act of June 18, 1954 (68 Stat. 264; 8 U.S.C. 1184a), provides as follows: "That, upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section.". For 3-year provision providing off-campus work authorization for students under this subparagraph, see §221 of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5027), shown in Appendix II.A.1.

For provisions relating to change of status of 101(a)(15)(G) (i) or (ii) foreign government officials, see § 13 of the Act of September 11, 1957 (71 Stat. 642; 8 U.S.C. 1255b), contained in footnote 173 to section 245(a). Also see § 702 of the Intelligence Authorization Act for Fiscal Year 1987 (Pub. L. 99-569) respecting the policy of the United States to restrict the number of nationals of the Soviet Union admitted to the United States to serve as members of the Soviet mission to the United Nations to the number of United States nationals serving as members of the United States mission to the United Nations. The International Organizations Immunities Act is shown in the note to section 288 of title 22, U.S. Code.

dent members of the staff of such representatives, and members of his or their immediate family;

(ii)9 other accredited representatives of such a foreign government to such international organizations, and the members of their immediate families;

(iii) an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is not a member of such international organization, and the members of his immediate family;

(iv) officers, or employees of such international organizations, and the members of their immediate families;

(v) attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the immediate families of such attendants, servants, and personal employees;

(H) an alien (i) 10 (a) 11 who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) 12 for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien's employer or controlled by the employer) for which the alien will perform the services, or (b) 13 subject to

10 The requirement, in the case of an H-1 nonimmigrant, that the alien have a residence in a foreign country which he has no intention of abandoning was removed, effective October 1, 1991, by §205(e) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5022). For provision relating to entry of Canadian nonimmigrant professionals under H-1, see §214(e). §937 of the National Defense Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. 101-189, Nov. 29, 1989) provides as follows:

SEC. 937. EXTENSION OF H-1 IMMIGRATION

STATUS FOR CERTAIN NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOP. MENT PROJECTS AND COPRODUCTION PROJECTS

The Attorney General shall provide for the extension through December 31, 1991, of nonimmigrant status under section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) for an alien to perform temporarily services relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense in the case of an alien who has had such status for a period of at least five years if such status has not expired as of the date of the enactment of this Act but would otherwise expire during 1989, 1990, or 1991, due only to the time limitations with respect to such status.

11 Subclause (a) of clause (i) was inserted by §3(a)(1) of the Immigration Nursing Relief Act of 1989 (Pub. L. 101-238, Dec. 18, 1989), and applies, under §3(d) of such Act, to "classification petitions filed for nonimmigrant status only during the 5-year period beginning on [September 1, 1990] the first day of the 9th month beginning after the date of the enactment of this Act". §4 of the Immigration Amendments of 1988 (Pub. L. 100-658, Nov. 15, 1988), shown in Appendix II.F., provided for an extension of H-1 status for certain registered nurses through December 31, 1989.

12 The phrase "for each facility" through the end of subclause (a) of clause (i) was inserted by § 162(f)(2)(A) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5012), effective as if included in the enactment of the Immigration Nursing Relief Act of 1989.

13 § 205(c)(1) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5020) amended subclause (b) of clause (i) in its entirety, effective October 1, 1991; previous to that date the subclause read as follows: "who is of distinguished merit and ability and who is coming temporarily to the United States to perform services (other than services as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational

Continued