(2) Foreign government officials in transit. If an alien is of the class described in section 212(d) (8) of the Act only a valid unexpired visa and a travel document which is valid for entry into a foreign country for at least 30 days from the date of his application for admission into the United States shall be required.

(f) Individual cases of unforeseen emergencies. A visa and a passport shall not be required of a nonimmigrant who, either prior to his embarkation at a foreign port or place or at the time of arrival at a port of entry in the United States, satisfies the district director of the Immigration and Naturalization Service in charge of the port of entry, after consultation with and concurrence by the Director of the Visa Office of the Department, that, because of an unforeseen emergency, he was unable to obtain the required documents. Any waiver of the visa requirement heretofore or hereafter granted pursuant to section 212(d) (4) (A) of the Act in the case of a national or resident of Cuba who embarks for the United States on or after November 16, 1963, shall not be valid unless such national or resident proceeds directly from Cuba to the United States and has been inspected in Cuba by officials of the United States Immigration and Naturalization Service and of the United States Public Health Service immediately prior to his departure for the United States, irrespective of whether such national or resident had prior notice of these conditions.

[Dept. Reg. 108.411, 24 F.R. 6680, Aug. 18, 1959, as amended by Dept. Reg. 108.479, 27 F.R. 2362, Mar. 13, 1962; Dept. Reg. 108.482, 27 F.R. 7635, Aug. 2, 1962; Dept. Reg. 108.501, 28 F.R. 12217, Nov. 16, 1963; Dept. Reg. 108.526, 30 F.R. 14782, Nov. 30, 1965; Dept. Reg. 108.532, 31 F.R. 7741, June 1, 1966; Dept. Reg. 108.538, 31 F.R. 10960, Aug. 18, 1966; Dept. Reg. 108.542, 31 F.R. 14674, Nov. 18, 1966]

§ 41.7 Waiver of visa and/or passport requirements by joint action of consular and immigration officers.

The provisions of section 212(a) (26) of the Act prescribing the documentary requirements for nonimmigrants may be waived by joint action of consular officers abroad and immigration officers pursuant to the authority contained in section 212(d) (4) of the Act in individual cases of aliens who satisfy the consular officer serving the port or place of embarkation, after consultation with and concurrence by the appropriate immigration officer, that their cases come within any of the following categories:

(a) An alien having his residence in foreign contiguous territory who does not qualify for the benefits of any waiver provided in § 41.6, and who is a member of a visiting group or excursion proceeding to the United States under circumstances which make the timely procurement of a passport and visa impracticable.

(b) Passport waiver; aliens for whom passport extension facilities are unavailable. An alien whose passport is not valid for the period prescribed in section 212 (a) (26) of the Act and who is embarking for the United States at a port or place remote from any foreign diplomatic or consular establishment at which the passport could be revalidated.

(c) Passport waiver; aliens precluded from obtaining passport extensions by foreign government restrictions. An alien whose passport is not valid for the period prescribed in section 212(a) (26) of the Act and whose government as a matter of policy does not revalidate passports more than six months in advance of their expiration or until they actually expire.

(d) Visa waiver; certain aliens proceeding to the United States under emergent circumstances. An alien who is well and favorably known at the consular

office, who has previously been issued a nonimmigrant visa which has since expired, and who is embarking on a direct journey to the United States under emergent circumstances which preclude the timely issuance of a visa.

(e) Visa and passport waiver; members of armed forces of foreign countries making friendly visits to the United States. An alien who is on active duty as a member of the armed forces of a foreign country and who is a member of a group of such force which is making a friendly call in the United States, whether courtesy or operational and whether in behalf of his own government or in behalf of the United Nations, under advance arrangements made with the military, naval, or air force authorities of the United States, other than an alien who is a citizen or resident of Albania, Bulgaria, Communist-controlled China ("Chinese People's Republic"), Cuba, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, North Korea ("Democratic People's Republic of Korea"), North Viet-Nam ("Democratic Republic of Viet-Nam"), Outer Mongolia ("Mongolian People's Republic"), Poland, Rumania, the Soviet Zone of Germany ("German Democratic Republic"), or the Union of Soviet Socialist Republics.

(f) Passport waiver; landed immigrants in Canada. An alien applying for a visa at a consular office in Canada (1) who is a landed immigrant in Canada, (2) whose port and date of expected arrival in the United States are known, and (3) who is proceeding to the United States under emergent cirprocurement of a passport or Canadian certificate of identity.

(g) Visa and/or passport waiver; authorization to individual consular offices.

An alien within the district of a consular office which has been individually authorized by the Department, because of unusual circumstances prevailing in that district, to join with immigration officers abroad in waivers of documentary requirements in specifically described categories of cases, and whose case falls within one of those categories.

[Dept. Reg. 108.416, 24 F.R. 8548, Oct 22, 1959, as amended by Dept. Reg. 108.422, 24 F.R. 11030, Dec. 31, 1959; Dept. Reg. 108.433, 25 F.R. 4578, May 25, 1960; Dept. Reg. 108.441, 25 F.R. 7018, July 23, 1960; Dept. Reg. 108.494, 28 F.R. 5258, May 28, 1963]

CLASSIFICATION OF NONIMMIGRANTS § 41.10 Presumption of immigrant status and burden of proof.

An applicant for a nonimmigrant visa shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer that he is entitled to a nonimmigrant status described in section 101(a) (15) of the Act or otherwise established by law or treaty. The burden of proof is upon the applicant to establish that he is entitled to the nonimmigrant classification and type of nonimmigrant visa for which he is an applicant.

(Secs. 214, 291, 66 Stat. 189, 234; 8 U.S.C. 1184, 1361) [Dept. Reg. 108.422, 24 F.R. 11080, Dec. 31, 1959]

§ 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]

(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