Imagini ale paginilor
PDF
ePub

Class

Citation

Symbol to be inserted in

Other representatives of Member States to NATO (including any of its subsidiary bodies) including representatives, advisers and technical experts of delegations, and members of immediate family; dependents 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 NATO (including any of its subsidiary bodies) and members of immediate 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 NATO4, employed on missions on behalf of NATO; and their dependents. Members of a civilian component accompanying a force entering in accordance 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, NATO3, NATO-4, NATO-5, and NATO-6 classes, and members of immediate families.

[blocks in formation]

(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]

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

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 establishes to the satisfaction of the 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

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]

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

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] 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.

[Dept.

(Sec. 101, 66 Stat. 166; 8 U.S.C. 1101) 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]

[blocks in formation]

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]

[blocks in formation]

(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 R "ERENCE: 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.

[blocks in formation]

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]

[blocks in formation]

(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 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 applicant.

(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) [Dept. Reg. 108,411, 24 F.R. 6683, Aug. 18, 1959, as amended by Dept. Reg. 108.422, 24 F.R. 11081, Dec. 31, 1959]

[blocks in formation]

(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 accepted for attendance by, an established institution of learning or other recognized place of study in the United States which has been approved by the Attorney General for the purposes of section 101 (a) (15) (F) (i) of the Act, as evidenced by the presentation of Form I-20 (Certificate of Eligibility) properly executed by the accepting school and signed by the alien (the Form I-20, when properly executed and presented by an alien in support of an application for a student visa, shall be accepted by the consular officer as prima facie evidence that the designated institution of learning or other places of study has been approved by the Attorney General for the attendance of nonimmigrant students, and that the visa applicant has been accepted for attendance at such institution or place of study); (2) he is in possession of sufficient funds to cover his expenses or other arrangements have been made to provide for his expenses; (3) he has sufficient scho

lastic preparation and knowledge of the English language to enable him to undertake a full course of study in the institution of learning or other place of study by which he has been accepted, or, if his knowledge of the English language is inadequate to enable him to pursue a full course of study in such language, the approved school or other recognized place of study is equipped to offer, and has accepted him expressly for, a full course of study in a language with which he is sufficiently familar, or special arrangements have been made by the accepting institution or other place of study for tutoring the applicant in the English language and the consular officer is satisfied that the applicant will be able, with the assistance of such tutoring, to undertake a full course of study in the United States; and (4) he intends in good faith and will be able to depart from the United States upon the termination of his status (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 studies, or upon his failure to maintain student status, or any status subsequently acquired under section 248 of the Act, the alien will depart from the United States). An alien who intends to study the English language exclusively while in the United States may be classified as a nonimmigrant student under the provisions of section 101(a) (15) (F) (i) of the Act even though no credits are given by the institution for such study, if he is otherwise qualified for classification as a nonimmigrant student. The approved school must be equipped to offer a full course of study in the English language and must have accepted the applicant expressly for that course.

(b) An alien shall also be classifiable as a nonimmigrant if he establishes to the satisfaction of the consular officer that he qualifies under the provisions of section 101(a) (15) (F) (ii) of the Act and that: (1) He is in possession of sufficient funds to cover his expenses or other arrangements have been made to provide for his expenses; and (2) he intends in good faith and will be able to depart from the United States upon the termination of the status of the principal alien.

(79 Stat. 919) [Dept. Reg. 108.527, 30 F.R. 14782, Nov. 30, 1965]

« ÎnapoiContinuă »