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visa

Other representatives of Member States to NATO (including any of its Art. 13, 5 UST 1094.

NATO-2 subsidiary bodies) including representatives, advisers and technical Art. 1, 4 UST 1794. experts of delegations, and members of immediate family; dependents Art. 3, 4 UST 1796. of member of a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement or in accordance with the provisions of the Protocol on the Status of International Military Headquarters; members of such a force if issued visas. Official clerical staff accompanying a representative of Member State to Art. 14, 5 UST 1096.

NATO-3 NATO (including any of its subsidiary bodies) and members of immediate family, Officials of NATO (other than those classifiable under NATO-1) and Art. 18, 5 UST 1098.

NATO-4 members of immediate family. Experts, other than NATO officials classifiable under the symbol NATO- Art. 21, 5 UST 1100.

NATO-5 4, employed on missions on behalf of NATO; and their dependents. Members of a civilian component accompanying a force entering in ac- Art. 1, 4 UST 1794.

NATO-6 cordance with the provisions of the NATO Status-of-Forces Agreement; Art. 3, 5 UST 877. 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- Arts. 12–20, 5 UST 1094-1098. NATO-7 3, NATO-4, NATO-5, and NATO-6 classes, and members of immediate families.

(Sec. 212(e), 75 Stat. 535; 8 U.S.C. 1182) (Dept. Reg. 108.471, 26 F.R. 9548, Oct. 10, 1961, as amended by Dept. Reg. 108.502, 28 F.R. 13934, Dec. 21, 1963)

$ 41.13 More than one person included

in nonimmigrant visa. A single nonimmigrant visa may be issued to include more than one eligible alien if each alien to be included in the visa executes a separate application. When several members of a family are to be included in the same visa, the name of each family member, in addition to the name of the principal applicant, shall be written in the space provided in the visa stamp. The visa fee to be collected shall be equal to the total of the fees prescribed by the Secretary of State in accordance with the provisions of section 281 of the Act for each alien included in the visa, unless upon a basis of reciprocity a lesser fee is chargeable in such a case. (Dept. Reg. 108.416, 24 F.R. 8548, Oct. 22, 1959) § 41.14 Significance of visa in A, G, or

NATO cases. A visa issued pursuant to the provisions of section 101(a) (15) (A) or 101(a) (15) (G) of the Act or to an alien classifiable under the symbols NATO-1 through NATO-7 shall be prima facie evidence of the proper classification of the alien when presented to the immigration authorities at a port of entry. (Dept. Reg. 108.422, 24 F.R. 11080, Dec. 31, 1959)

ernment shall not be classified under the provisions of section 101(a) (15) (A) of the Act.

(d) An alien shall be classifiable as a nonimmigrant under the provisions of section 101(a) (15) (A) (iii) of the Act if he esta ishes to the satisfaction of th consular officer that he qualifies under that section of the Act.

(e) If an alien is entitled to classification under section 101 (a) (15) (A) of the Act he shall be classified under this section although he may also be eligible for another nonimmigrant classification. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) [Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18, 1959] § 41.21

Officials or representatives of foreign governments not recognized

by the United States. An official of a foreign government, which is not recognized de jure by the United States, who is proceeding to or through the United States on an official mission for his government or to an international organization shall be classified as a nonimmigrant under the provisions of section 101(a) (15) (B), (C), or (G) (iii) of the Act. [Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18, 1959) § 41.22 Couriers and acting couriers on

official business. (a) Couriers of career. An alien who is regularly and professionally employed as a courier by the government of the country to which he owes allegience shall be classified as a nonimmigrant under the provisions of section 101(a) (15) (A) (i) of the Act if he is proceeding to the United States on official business for his government.

(b) Officials acting in capacity of courier. An alien who is not regularly and professionally employed as a courier by the government of the country to which he owes allegiance shall be classified as a nonimmigrant under the provisions of section 101(a) (15) (A) (ii) of the Act if he holds an official position with that government and is proceeding to the United States as a courier on official business for his government.

(c) Nonofficials serving in capacity of courier. An alien who is serving in the capacity of courier but who is not regularly and professionally employed as

FOREIGN GOVERNMENT OFFICIALS § 41.20 Officials of foreign govern

ments. (a) An alien shall be classifiable under the provisions of section 101(a) (15) (A) (i) or (ii) of the Act if he establishes to the satisfaction of the consular officer that he is within one of the classes described in that section.

(b) An alien admitted into the United States under the provisions of section 101(a) (15) (A) (i) or (ii) of the Act shall be notified to the Secretary of State by the Mission of the country whose government he is serving as an official or employee unless he is a member of a class or group which has been specifically exempted from this requirement.

(c) A foreign government official or employee who seeks to enter the United States temporarily other than as a representative or employee of a foreign gov

such and who holds no official position with, or is not a national of, the country whose government he is so serving, shall be classified as a nonimmigrant under the provisions of section 101(a) (15) (B) of the Act. (Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18, 1959]

ment, visits with friends or relatives and rest; medical treatment, or activities of a fraternal, social, or service nature. (Sec. 101, 66 Stat. 166, 79 Stat. 919; 8 U.S.C. 1101) (Dept. Reg. 108.422, 24 F.R. 11080, Dec. 31, 1959, as amended by Dept. Reg. 108.502, 28 F.R. 13934, Dec. 21, 1963; Dept. Reg. 108.527, 30 F.R. 14782, Nov. 30, 1965)

TEMPORARY VISITORS

§ 41.25 Temporary visitors for business

or pleasure. (a) An alien shall be classifiable as a 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 (consular officers are authorized in borderline cases to require the posting of a bond with the Attorney General in a sufficient sum to insure that upon the conclusion of his temporary visit, or upon his failure to maintain temporary visitor status, or any status subsequently acquired under section 248 of the Act, the alien will depart from the United States); (2) he has permission to enter some foreign country upon the termination of his temporary stay; and (3) adequate financial arrangements 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, amuse

TRANSIENT ALIENS & 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) (Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18, 1959) § 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 Nations 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. If 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. [Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18,

1959)

§ 41.32 Accredited officials in transit

through the United States. An accredited official of a foreign government 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) (Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18, 1959)

CREWMEN § 41.35 Crewman.

(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 shall not be classified as a crewman. (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) (Dept. Reg. 108.411, 24 F.R. 6682, Aug. 18, 1959)

CROSS RI FERENCE: For documentary requirements or crewmen see § 41.91(a) (26) and for instructions regarding the procedure to be followed in issuing crew-list visas see § 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) (i), 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 an unskilled 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) (Dept. Reg. 108.411, 24 F.R. 6683, Aug. 18, 1959, as amended by Dept. Reg. 108.507, 29 F.R. 4770, Apr. 3, 1964) § 41.41 Treaty investors.

(a) An alien shall be classifiable as a nonimmigrant treaty investor if he es

tablishes to the satisfaction of the con- lastic preparation and knowledge of the sular officer that he qualifies under the English language to enable him to unprovisions of section 101(a) (15) (E) (ii) dertake a full course of study in the inof the Act and that: (1) He intends to stitution of learning or other place of depart from the United States upon the study by which he has been accepted, or, termination of his status; and (2) he is if his knowledge of the English language an alien who has invested or is investing is inadequate to enable him to pursue a capital in a bona fide enterprise and is full course of study in such language, not seeking to proceed to the United the approved school or other recognized States in connection with the investment place of study is equipped to offer, and of a small amount of capital in a mar- has accepted him expressly for, a full ginal enterprise solely for the purpose of course of study in a language with which earning a living; or that (3) he is em- he is sufficiently familar, or special arployed by a treaty investor in a respon- rangements have been made by the acsible capacity and the employer is a cepting institution or other place of foreign person or organization of the study for tutoring the applicant in the same nationality as the applicant.

English language and the consular offi(b) The nationality of a spouse or

cer is satisfied that the applicant will be child of a treaty investor shall not be able, with the assistance of such tutoring, material to the classification of such to undertake a full course of study in spouse or child under the provisions of

the United States; and (4) he intends in section 101(a) (15) (E) (ii) of the Act. good faith and will be able to depart (Sec. 101, 66 Stat. 166; 8 U.S.C. 1101)

from the United States upon the termi(Dept. Reg. 108,411, 24 F.R. 6683, Aug. 18,

nation of his status (consular officers 1959, as amended by Dept. Reg. 108.422, 24 are authorized in borderline cases to reF.R. 11081, Dec. 31, 1959]

quire the posting of a bond with the Attorney General in a sufficient sum to

insure that upon the conclusion of his 8 41.45 Students.

studies, or upon his failure to maintain (a) An alien shall be classifiable as student status, or any status subsequently a nonimmigrant student if he estab- acquired under section 248 of the Act, lishes to the satisfaction of the con

the alien will depart from the United sular officer that he qualifies under the States). An alien who intends to study provisions of section 101(a) (15) (F) (i) the English language exclusively while of the Act and that: (1) He will attend,

in the United States may be classified and has been accepted for attendance

as a nonimmigrant student under the by, an established institution of learn- provisions of section 101(a) (15) (F) (i) ing or other recognized place of study

of the Act even though no credits are in the United States which has been given by the institution for such study, approved by the Attorney General for

if he is otherwise qualified for classificathe purposes of section 101(a) (15) (F) tion as a nonimmigrant student. The (i) of the Act, as evidenced by the pres- approved school must be equipped to entation of Form I-20 (Certificate of offer a full course of study in the English Eligibility) properly executed by the ac- language and must have accepted the apcepting school and signed by the alien plicant expressly for that course. (the Form I-20, when properly executed (b) An alien shall also be classifiable and presented by an alien in support of as a nonimmigrant if he establishes to an application for a student visa, shall the satisfaction of the consular officer be accepted by the consular officer as that he qualifies under the provisions prima facie evidence that the designated of section 101(a) (15) (F) (ii) of the Act institution of learning or other places of

and that: (1) He is in possession of study has been approved by the Attorney sufficient funds to cover his expenses or General for the attendance of nonimmi- other arrangements have been made to grant students, and that the visa appli- provide for his expenses; and (2) he incant has been accepted for attendance tends in good faith and will be able to at such institution or place of study); depart from the United States upon the (2) he is in possession of sufficient funds termination of the status of the principal to cover his expenses or other arrange

alien. ments have been made to provide for (79 Stat. 919) (Dept. Reg. 108.527, 30 F.R. his expenses; (3) he has sufficient scho- 14782, Nov. 30, 1965)

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