Class Citation Symbol to be inserted in visa Principal permanent representative of Member State to NATO (includ. quarters; members of such a force if issued visas. NATO (including any of its subsidiary bodies) and members of immedi ate family. Officials of NATO (other than those classifiable under NATO-1) and members of immediate family. Experts, other than NATO officials classifiable under the symbol NATO 4, employed on missions on behalf of NATO; and their derendents. Members of a civilian component accompanying a force entering in ac cordance with the provisions of the NATO Status-of-Forces Agreement; members of a civilian component attached to or employed by an Allied Headquarters under the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty; and their dependents. Attendant, servant, or personal employee of NATO-1, NATO-2, NATO-3, NATO-4, NAT0-5, and NAT0-6 classes, and members of immediate families. NATO-4 NATO-5 Art. 18, 5 UST 1098. NATO-6 Arts. 12-20, 5 UST 1094-1998. NATO-7 > (Sec. 212(e), 75 Stat. 535; 8 U.S.C. 1182) (Dept. Reg. 108.471, 26 F.R. 9548, Oct. 10, 1961) Prior Amendments 1959: 24 F.R. 11080, Dec. 31. 1960: 25 F.R. 4578, May 25. 8 41.13 More than one person included section 101(a) (15) (A) () of the Act I in nonimmigrant visa. he establishes to the satisfaction of the A single nonimmigrant visa may be consular officer that he qualifies under issued to include more than one eligible that section of the Act. alien if each alien to be included in the (e) If an alien is entitled to classificavisa executes a separate application. tion under section 101(a) (15) (A) of the When several members of a family are Act he shall be classified under this secto be included in the same visa, the tion although he may also be eligible for name of each family member, in addition another nonimmigrant classification. to the name of the principal applicant, (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) shall be written in the space provided § 41.21 in the visa stamp. The visa fee to be Officials or representatives of collected shall be equal to the total of foreign governments not recognized the fees prescribed by the Secretary of by the United States. State in accordance with the provisions An official of a foreign government, of section 281 of the Act for each alien which is not recognized de jure by the included in the visa, unless upon a basis United States, who is proceeding to or of reciprocity a lesser fee is chargeable through the United States on an official in such a case. mission for his government or to an in(Dept. Reg. 108.416, 24 F.R. 8548, Oct. 22, ternational organization shall be classi1959) fied as a nonimmigrant under the pro visions of section 101(a) (15) (B), (C), or & 41.14 Significance of visa in A, G, or (G) (iii) of the Act. NATO cases. A visa issued pursuant to the provi 8 41.22 Couriers and acting couriers on official business. sions of section 101(a) (15) (A) or 101(a) (15) (G) of the Act or to an alien (a) Couriers of career. An alien who classifiable under the symbols NATO-1 is regularly and professionally employed through NATO-7 shall be prima facie as a courier by the government of the evidence of the proper classification of country to which he owes allegiance shall the alien when presented to the immi be classified as a nonimmigrant under gration authorities at a port of entry. the provisions of section 101(a) (15) (A) (Dept Reg. 108.422, 24 F.R. 11080, Dec. 31, (i) of the Act if he is proceeding to the 1959) United States on official business for his FOREIGN GOVERNMENT OFFICIALS government. (b) Officials acting in capacity of § 41.20 Officials of foreign govern- courier. An alien who is not regularly ments. and professionally employed as a courier (a) An alien shall be classifiable un by the government of the country to der the provisions of section 101(a) (15) which he owes allegiance shall be classi(A) (i) or (ii) of the Act if he establishes fied as a nonimmigrant under the provito the satisfaction of the consular officer sions of section 101(a) (15) (A) (ii) of the that he is within one of the classes de Act if he holds an official position with scribed in that section. that government and is proceeding to (b) An alien admitted into the United the United States as a courier on official States under the provisions of section business for his government. 101(a) (15) (A) (i) or (ii) of the Act (c) Nonofficials serving in capacity of shall be notified to the Secretary of State courier. An alien who is serving in the by the Mission of the country whose capacity of courier but who is not regugovernment he is serving as an officia' or larly and professionally employed as employee unless he is a member a a such and who holds no official position class or group which has been specifically with, or is not a national of, the country exempted from this requirement. whose government he is so serving, shall (c) A foreign government official or be classified as a nonimmigrant under employee who seeks to enter the United the provisions of section 101(a) (15) (B) States temporarily other than as a rep- of the Act. resentative or employee of a foreign gov TEMPORARY VISITORS ernment shall not be classified under the provisions of section 101(a) (15) (A) of § 41.25 Temporary visitors for business the Act. or pleasure. (d) An alien shall be classifiable as a (a) An alien shall be classifiable as a nonimmigrant under the provisions of nonimmigrant visitor for business or pleasure if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101(a) (15) (B) of the Act and that: (1) He intends to depart from the United States at the expiration of his temporary stay; (2) He has permission to enter some foreign country upon the termination of his temporary stay; and (3) Adequate financial provisions have been made to enable him to carry out the purpose of his visit and to travel to, sojourn in, and depart from the United States. (b) The term “business”, as used in section 101(a) (15) (B) of the Act, refers to legitimate activities of a commercial or professional character. It does not include purely local employment or labor for hire. An alien seeking to enter as a nonimmigrant for employment or labor pursuant to a contract or other prearrangement shall be required to qualify under the provisions of $ 41.55. An alien of distinguished merit and ability seeking to enter the United States temporarily with the idea of performing temporary services of an exceptional nature, requiring such merit and ability, but having no contract or other prearranged employment, may be classified as a nonimmigrant temporary visitor for business. (c) The term "pleasure", as used in section 101(a) (15) (B) of the Act, refers to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives and rest; medical treatment; or educational activities which do not require classification as a student, trainee, temporary worker or exchange visitor. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) (Dept. Reg. 108.422, 24 F.R. 11080, Dec. 31, 1959) TRANSIT ALIENS 8 41.30 Transit aliens. An alien shall be classifiable as a nonimmigrant transit alien under the provisions of section 101(a) (15) (C) of the Act if he establishes to the satisfaction of the consular officer that: (a) He is passing in immediate and continuous transit through the United States; (b) he is in possession of a ticket or other assurance of transportation to his destination; (c) he is in possession of sufficient funds to enable him to carry out the purpose of his transit journey, or has sufficient funds otherwise available for that purpose; and (d) he has permission to enter some country other than the United States following his transit journey through the United States unless the alien submits evidence that such advance permission is not required. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) & 41.31 Certain aliens in transit to United Nations. An alien within the provisions of paragraph (3), (4), or (5) of section 11 of the Headquarters Agreement with the United Nations, to whom a visa is to be issued for the purpose of applying for admission solely in transit to the United ations Headquarters District, may at his own request or at the direction of the Secretary of State be issued a nonimmigrant visa bearing the symbol C-2. I such a visa is issued, the recipient will be subject to such restrictions in his travel within the United States as may be provided in regulations prescribed by the Attorney General. § 41.32 Accredited officials in transit through the United States. An accredited official of a foreign gov-. ernment who intends to proceed in immediate and continuous transit through the United States on official business for his government shall be entitled to the benefits of section 212(d) (8) of the Act if his government grants similar privileges to officials of the United States, and shall be classified under the provisions of section 101(a) (15) (C) of the Act. Members of the immediate family, attendants, servants, or personal employees of such an official shall be accorded the same classification as the principal alien. (Sec. 212(d) (8), 66 Stat. 188; 8 U.S.C. 1182) CREW MEN 41.35 Crewmen. (a) An alien shall be classifiable as a nonimmigrant crewman if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101 (a) (15) (D) of the Act and that he has permission to enter some foreign country after a temporary landing in the United States. (b) An alien employed on board a vessel or aircraft in a capacity not required for normal operation and service on the particular vessel or aircraft, or an alien employed or listed as a regular member of the crew in excess of the number normally required sliall not be classified as a crewman. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) CROSS REFERENCE: For documentary requirements for crewmen see $ 41.91(a) (26) and for instructions regarding the procedure to be followed in issuing crew-list visas see 8 41.127. $ 41.36 Foreign government official crewmen. Alien crewmen serving on board a foreign warship or other vessel of war, or military, naval or other aircraft of the armed forces of a foreign country, when making a friendly call at a United States port under advance arrangements made with the military authorities of the United States, or any other government vessel or aircraft shall not be subject to the provisions of § 41.91(a) (26) if the documentary requirements have been waived by the Secretary of State and the Attorney General pursuant to section 212(d) (4) of the Act. [Dept. Reg. 108.433, 25 F.R. 4578, May 25, 1960) TREATY TRADERS AND INVESTORS & 41.40 Treaty traders. (a) An alien shall be classifiable as a nonimmigrant treaty trader if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101(a) (15) (E) (i) of the Act and that: (1) He intends to depart from the United States upon the termination of his status; and (2) if he is employed by a foreign person or organization having the nationality of the treaty country which is engaged in substantial trade as contemplated by section 101(a) (15) (E) (1), he will be engaged in duties of a supervisory or executive character, or, if he is or will be employed in a minor capacity, he has special qualifications that will make his services essential to the efficient operation of the employer's enterprise and will not be employed solely in a manual capacity. (b) The term “trade”, as used in this section, means trade of a substantial nature which is international in scope, carried on by the alien in his own behalf or as an agent of a foreign person or organization engaged in trade, and is principally between the United States and the foreign state of which such alien is a national. Consideration shall be given to any conditions in the country of which the alien is a national which may affect the alien's ability to carry on substantial trade principally between the United States and such country. (c) The nationality of a spouse or child of a treaty trader shall not be material to the classification of such spouse or child under the provisions of section 101(a) (15) (E) (i) of the Act. (d) Representatives of foreign information media shall first be considered for possible classification as nonimmigrants under the provisions of section 101(a) (15) (I) of the Act and § 41.60, before consideration is given to their possible classification as nonimmigrants under the provisions of section 101(a) (15) (E) of the Act and of this section. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) § 41.41 Treaty investors. (a) An alien shall be classifiable as a nonimmigrant treaty investor if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101(a) (15) (E) (ii) of the Act and that: (1) He intends to depart from the United States upon the termination of his status; and (2) he is an alien who has invested or is investing capital in a bona fide enterprise and is not seeking to proceed to the United States in connection with the investment of a small amount of capital in a marginal enterprise solely for the purpose of earning a living; or that (3) he is employed by a treaty investor in a responsible capacity and the employer is a foreign person or organization of the same nationality as the appiicant. (b) The nationality of a spouse or child of a treaty investor shall not be material to the classification of such spouse or child under the provisions of section 101(a) (15) (E) (ii) of the Act. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) CODIFICATION: Paragraph (a) (3) of $ 41.41 was amended to read as set forth above, Departmental Regulation 108.422, 24 F.R. 11081, Dec. 31, 1959. STUDENTS & 41.45 Students. (a) An alien shall be classifiable as a nonimmigrant student if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101(a) (15) (F) (i) of the Act and that: (1) He will attend, and has been and must have accepted the applicant accepted for attendance by, an estab- expressly for that course. lished institution of learning or other (b) An alien shall also be classifiable recognized place of study in the United as a nonimmigrant if he establishes to States which has been approved by the the satisfaction of the consular officer Attorney General for the purposes of that he qualifies under the provisions of section 101(a) (15) (F) (i) of the Act, as section 101(a) (15) (F) (ii) of the Act and evidenced by the presentation of Form that: (1) He is in possession of suffiI-20 (Certificate of Eligibility) properly cient funds to cover his expenses or executed by the accepting school and other arrangements have been made to signed by the alien (the Form 1-20, provide for his expenses; (2) heinwhen properly executed and presented tends in good faith and will be able to by an alien in support of an application depart from the United States upon the for a student visa, shall be accepted by termination of his status. the consular officer as prima facie evi- (Dept. Reg. 108.471, 26 F.R. 9549, Oct. 10, dence that the designated institution of 1961) learning or other place of study has been approved by the Attorney General for the attendance of nonimmigrant stu INTERNATIONAL ORGANIZATION ALIENS dents, and that the visa applicant has 8 41.50 Aliens coming to international been accepted for attendance at such organizations. institution or place of study); (2) he is in possession of sufficient funds to cover (a) An alien shall be classifiable under his expenses or other arrangements have the provisions of section 101(a) (15) (G) been made to provide for his expenses; of the Act if he establishes to the satis(3) he has sufficient scholastic prepara faction of the consular officer that he is tion and knowledge of the English lan within one of the classes described in guage to enable him to undertake a full that section and that he seeks to enter, course of study in the institution of or pass in transit through, the United learning or other place of study by States in pursuance of his official duties. which he has been accepted, or if his Such alien who seeks to enter, or pass knowledge of the English language is in transit through, the United States inadequate to enable him to pursue a other than in pursuance of his official full course of study in such language, duties shall not be classified under section the approved school or other recognized 101(a) (15) (G) of the Act. place of study is equipped to offer, and (b) An alien who applies for a visa has accepted him expressly for, a full as a nonimmigrant under the provisions course of study in a language with which of section 101(a) (15) (G) of the Act shall he is sufficiently familiar, or special ar not be refused such visa solely on the rangements have been made by the ac- grounds that he is not a national of the cepting institution or other place of country whose government he represents. study for tutoring the applicant in the (c) An alien who seeks to enter the English language and the consular officer United States as a foreign government is satisfied that the applicant will be representative to an international organable, with the assistance of such tutor- ization and who, at the same time, is ing, to undertake a full course of study proceeding to the United States on ofin the United States; and (4) he in-' ficial business as a foreign government tends in good faith and will be able to official within the meaning of section depart 1rom the United States upon the 101(a) (15) (A) of the Act, shall, if othertermination of his status. An alien wise qualified, be issued a visa as a nonwho intends to study the English lan- immigrant under the provisions of secguage exclusively while in the United tion 101(a) (15) (A) of the Act. States may be classified as a nonimmi (d) An alien not classifiable under grant student under the provisions of section 101(a) (15) (F) (i) of the Act section 101(a) (15) (A) of the Act who is even though no credits are given by the entitled to classification under section institution for such study, if he is other 101(a) (15) (G) of the Act shall be classiwise qualified for classification as a non fied under this section although he may immigrant student. The approved also be eligible for another nonimmigrant school must be equipped to offer a full classification. course of study in the English language (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) |