San Diego, Calif.; Los Angeles, Calif.; San Francisco, Calif.; Honolulu, Hawaii; Seattle, Wash.; Portland, Oreg.; Great Falls, Montana; St. Paul, Minn.; Chicago, Ill.; Detroit, Mich.; Anchorage, Alaska; Fairbanks, Alaska; San Juan, P.R.; Charlotte Amalie, V.I.; Christiansted, V.I.; Agana, Guam. The privilege of transit without a visa may be authorized only under the conditions that the alien will depart voluntarily from the United States, that he will not apply for adjustment of status under section 245 of the Act, and that at all times he is not aboard an aircraft which is in flight through the United States he shall be in the custody directed by the district director, provided that if admissibility is established only after exercise of the discretion contained in section 212(d) (3) (B) of the Act the alien shall be in the custody of the Service at carrier expense and must depart on the earliest and most direct foreigndestined plane or vessel. (2) United Nations Headquarters District. An alien of the class defined in section 101(a) (15) (C) of the Act, whose visa is limited to transit to and from the United Nations Headquarters District, if otherwise admissible, shall be admitted on the additional conditions that he proceeds directly to the immediate vicinity of the United Nations Headquarters District, and remains there continuously, departing therefrom only if required in connection with his departure from the United States, and that he has a document establishing his ability to enter some country other than the United States following his sojourn in the United Nations Headquarters District. The immediate vicinity of the United Nations Headquarters District is that area lying within a twenty-five mile radius of Columbus Circle, New York City, New York. (3) Others. The period of admission of an alien admitted under section 101 (a) (15) (C) of the Act shall not exceed 29 days. grant may be granted extensions of temporary stay in increments of not more than one year. An alien admitted to the United States under section 3(6) of the Immigration Act of 1924 shall annually on the anniversary date of his original admission, submit Form I-126, for which no fee is required, to the district director having jurisdiction over his residence, and shall not be required to submit Form I-539. A trader or investor and his spouse or child who accompanied or followed to join him, who acquired nonimmigrant status on or after December 24, 1952, under section 101 (a) (15) (E) (i) or (ii) of the Act shall apply for an extension of the period of temporary admission on Form I-539, and such trader or investor shall submit together therewith Form I-126, properly executed by him, with such additional documents as are required by that form. (f) Students-(1) General. A student seeking admission to the United States under section 101(a) (15) (F) (i) of the Act and his accompanying spouse and minor children shall not be eligible for admission unless he presents Form I-20 properly filled out by himself and the school to which he is destined. The student's spouse and minor children following to join him shall not be eligible for admission into the United States unless they present Form I-20 from the school in which the student is enrolled stating that he is taking a full course of study and noted by the school to indicate the date of expiration of his authorized stay in the United States as shown on the student's Form I-94. The initial period of admission of an alien who has a nonimmigrant status under section 101 (a) (15) (F) of the Act shall not exceed one year. Form I-20 presented by a student returning from a temporary absence may be retained by him and used for any number of reentries within one year of the date of its issuance. However, a Canadian national, or an alien landed immigrant of Canada who has a common nationality with Canadian nationals, returning to the United States as a student under section 101 (a) (15) (F) of the Act after a temporary absence in Canada only, shall if otherwise admissible be readmitted, without presentation of Form I-20, for the remainder of his initial admission or current extension of stay as shown on his Form I-94. A student shall not be eligible to transfer to another school unless he submits a valid Form I-20 completed by that school to the Service office having jurisdiction over the area in which the school which he was last authorized by the Service to attend is located, and the transfer is approved by that office. (2) Extension. A nonimmigrant who has a classification under section 101(a) (15) (F) of the Act may be granted extensions of stay in increments not to exceed one year each if he establishes that he is currently maintaining student status and is able and in good faith intends to continue to maintain such status for the period for which the extension is requested. Form I-538 will be accepted as an application for extension of stay in lieu of Form I-539 when an applicant is concurrently applying for permission to engage in or continue employment and extension of temporary stay. A student's spouse or child shall not be eligible for an extension of stay unless the student is eligible for an extension of stay. A student who has been compelled by illness to interrupt his schooling may be granted an extension of stay without being required to change his nonimmigrant status if he establishes that he will resume a full course of study after treatment. (3) Employment. An application by a student for permission to accept or continue employment shall be filed on Form I-538. The applicant shall be notified of the decision, and if the application is denied, of the reasons therefor. No appeal shall lie from the decision of the district director. If a student requests permission to accept part-time employment because of economic necessity, he must establish that the necessity is due to unforeseen circumstances arising subsequent to entry, or subsequent to change to student classification, and an authorized school official must certify that parttime employment will not interfere with the student's ability to carry successfully a full course of study. Permission to accept or continue employment because of economic necessity may be granted in increments of not more than 12 months each. If a student requests permission to accept or continue employment in order to obtain practical training, an authorized school official must certify that the employment is recommended for that purpose and will provide the student with practical training in his field of study and, upon information and belief, would not be available to the student in the country of his foreign resi dence. Permission to accept or continue temporary employment to obtain practical training may be granted in increments of not more than six months each for a maximum of not more than 18 months in the aggregate. The application for the first period of practical training shall be submitted to the office of the Service having jurisdiction over the school recommending practical training. Subsequent applications to continue practical training must contain the recommendation of that school and may be submitted to the office of the Service having jurisdiction over the actual place of training. A student enrolled in a college or university having alternate workstudy courses as a part of its regular prescribed curriculum may participate in such courses without obtaining a change of status and without filing an application for permission to accept employment; however, such periods of actual employment shall be considered as practical training. A student who has been granted permission to accept employment for practical training and who temporarily departs from the United States, may be readmitted for the remainder of the authorized period if he presents Form I-20 endorsed by his school to indicate the date to which such training was authorized by the district director. If in connection with an alien's acceptance by a school his Form I-20 bears an endorsement stating that he has been offered on-campus employment which will not displace a United States resident, the Service officer admitting the allen on his first application for admission as a nonimmigrant may authorize such employment without requiring an application on Form I-538. An application for permission to engage in or continue on-campus employment after admission to the United States shall be submitted on Form I-538 and may be granted if it bears a certification by an authorized school official that a United States resident will not be displaced. An applicant for permission to engage in on-campus employment is not required to establish economic necessity. Permission to accept such employment shall be valid for the period of time the applicant is permitted to remain in the United States in nonimmigrant student status. On-campus employment pursuant to the terms of a scholarship, fellowship, or assistantship is deemed to be part of the academic program of a 59 student otherwise taking a full course of study, if related thereto, and permission from the Service to accept such employment shall not be required. Permission which is granted to a student to engage in any employment shall not exceed the date of expiration of his authorized stay and is automatically suspended while a strike or other labor dispute involving a work stoppage or layoff of employees is in progress in the occupation and at the place where the student is employed. (g) Representatives to international organizations. The determination by a consular officer prior to admission and the recognition by the Secretary of State subsequent to admission shall prima facie establish the classification of a nonimmigrant defined in section 101(a) (15) (G) of the Act. The initial period of admission and extensions of stay of an alien defined in section 101 (a) (15) (G) (v) of the Act may be authorized in increments not to exceed one year each. Every other alien defined in section 101(a) (15) (G) of the Act shall be admitted for such period of time as he continues to be so recognized by the Secretary of State. (h) Temporary employees-(1) Petitions. An alien defined in section 101 (a) (15) (H) of the Act must be the beneficiary of an approved visa petition filed on Form I-129B. The petition with supporting documents shall be filed by the petitioner with the district director having administrative jurisdiction over the place in the United States where the beneficiary will perform services or receive training. More than one beneficiary may be included in a petition if they will be performing the same type of service or will be receiving the same type of training, will be applying for visas at the same consulate, and will be performing services or receiving training in the same immigration district. If an alien in the United States desires to perform temporary services or training for another petitioner, a new petition on Form I-129B must be submitted, and if the petition is approved, an extension of stay may be granted without requiring the submission of Form I-539. The petitioner need not be a United States resident. The petitioner shall be notified of the decision and, if the petition is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter. (2) Supporting evidence-(i) Petition for alien of distinguished merit and ability. A petitioner seeking to accord an alien a classification under section 101 (a) (15) (H) (i) of the Act shall annex to the petition documentation, certifications, affidavits, degrees, diplomas, writings, reviews, and any other evidence attesting to the fact that the beneficiary is a person of distinguished merit and ability and that the services the beneficiary is to perform require a person of such merit and ability. School records, diplomas, and similar documentation sumbitted must reflect periods of attendance, courses of study, and similar pertinent data. Affidavits submitted by present or former employers or recognized experts certifying to the expertise of the beneficiary shall be in sufficient detail to be self-explanatory concerning the beneficiary's experience and ability, and must set forth the manner in which the affiant acquired such information. Copies of any written contracts between the petitioner and beneficiary, or a summary of the verbal contract or agreement under which the beneficiary will be employed if there is no written contract, shall also be annexed to the petition. In adjudicating the petition, the district director shall consider all the evidence submitted, and such other evidence as he may independently require or procure to assist his adjudication. If an adverse decision is proposed, the petitioner shall be notified and invited to inspect and rebut any evidence considered which was not submitted by him. The decision of the district director shall set forth the pertinent facts adduced from the evidence considered and give the specific reasons for the decision in the light of the facts and the relating provisions of section 101 (a) (15) (H) (i). A petition seeking to accord an alien entertainer classification under section 101 (a) (15) (H) (i) of the Act shall be accompanied by a copy of the written contract or a summary of the verbal contract under which the beneficiary will be employed. In determining whether an alien entertainer may be considered to be of distinguished merit and ability or whether the services to be performed are of an exceptional nature requiring a person of distinguished merit and ability within the meaning of section 101 (a) (15) (H) (i) of the Act, the district director shall give consideration but shall not be as limited to evidence of the following factors, and where necessary may require the submission of evidence in support of all or any of these factors: Whether the alien has performed and will perform as a star or featured entertainer, as evidenced by playbills, critical reviews, advertisements, publicity releases, averments by the petitioner, and contracts; the acclaim which the entertainer has achieved, as evidenced by reviews in newspapers, trade journals, and magazines; the reputation of theaters, concert halls, night clubs, and other establishments in which the entertainer has appeared and will appear; the reputation of repertory companies, ballet groups orchestras, or other productions in which he has performed; the extent and number of commercial successes of his performances, as evidence by such indicia as box office grosses and record sales reported in trade journals and other publications; the salary and other remuneration he has commanded and now commands for his performances, evidenced by contracts; whether the alien has been the recipient of national, international, or other significant awards for his performances; the opinions of unions, other organizations, and recognized critics or other experts in the field in which the alien is engaged; whether previous petitions filed in behalf of the alien seeking his services in a similar capacity have been properly approved by the Service and, if so, whether there have been any changes in circumstances affecting the alien's classifiability as a person of distinguished merit and ability. When adjudicating a petition to accord classification under section 101 (a) (15) (H) (i) of the Act to an alien entertainer, the district director may consult unions, other organizations, and recognized critics and other experts in the relating entertainment field. Such consultation shall be for the purpose of obtaining the advisory opinion of the organization or person consulted with regard to the qualifications of the alien and the nature of the services to be performed by the alien. The advisory opinion shall be submitted in writing and shall include a detailed recitation of the facts and data considered in rendering the opinion, except that it shall be furnished orally, subject to later confirmation in writing, when requested in a case deemed by the district director to be of an emergent nature; signed by a duly authorized and responsible official of any union or other organization consulted, and submitted to the district director on or before the date fixed by him, which shall not exceed 15 days from the date on which the opinon was requested. of (ii) Petition for alien to perform other temporary service or labor. Either a certification from the Secretary of Labor or his designated representative stating that qualified persons in the United States are not available and that the employment of the beneficiary will not adversely affect the wages and working conditions of workers in the United States similarly employed, or a notice that such a certification cannot be made shall be attached to every nonimmigrant visa petition to accord an alien a classification under section 101(a) (15) (H) (ii) the Act. When the petitioner seeks the services of more than one beneficiary and all the beneficiaries are not included in a single certification, a separate visa petition must be submitted for the beneficiary or beneficiaries covered in each certification. A certification by the Employment Service of the Territory of Guam will be accepted in lieu of that issued by the Secretary of Labor or his designated representative in connection with a petition for employment of laborers in Guam. If there is attached to the petition a notice from the Secretary of Labor or his designated representative that certification cannot be made, the petitioner shall be permitted to present countervailing evidence that qualified persons in the United States are not available and that the employment policies of the Department of Labor have been observed. All such evidence submitted will be considered in the adjudication of the petition. A statement shall be furnished with the visa petition describing in detail the situation or conditions which make it necessary to bring the alien to the United States, and whether the need is temporary, seasonal, or permanent; if temporary or seasonal, the statement shall indicate whether the situation or conditions are expected to be recurrent. (iii) Petition for alien industrial trainee. In addition to purely industrial establishments an individual, organization, firm or other trainer may petition for industrial trainees on Form I-129B for the purpose of giving instruction or training in agriculture, commerce, finance, government, transportation, and the professions. The source of any remuneration received by an industrial trainee and whether or not any benefit will accrue to the petitioner are not material, but an industrial trainee shall not be permitted to engage in productive employment if such employment will displace a United States resident. A hospital approved by the American Medical Association for either an internship or residency program may petition to classify as an industrial trainee a medical student who will engage in employment as an extern during his medical school vacation period. There shall be attached to each petition for an industrial trainee a statement describing the type of training to be given, the position or duties for which the beneficiary is to be trained, and whether such training can be obtained outside the United States. There shall be included an explanation as to the need for the trainee to be trained in the United States. (3) Admission, employment, and extension. A beneficiary may apply for admission to the United States only during the period of validity of the petition. The authorized period of a beneficiary's admission shall be governed by the period of established need for his temporary services, or training, but shall not exceed the date of validity of the petition. A nonimmigrant visa petition in a case in which a certification is not submitted shall be valid for not more than 1 year from the date of the petition's approval. If a certification by the Secretary of Labor or his designated representative is attached to a petition to accord an alien a classification under section 101 (a) (15) (H) (ii) of the Act, the approval of the petition shall not be valid beyond the date to which the certification is valid. When the certification does not set forth a date until which it is valid, the approval of the petition shall not exceed 1 year from the date on which the certification was issued. The approval of any petition is automatically terminated when the petitioner dies, goes out of business, or files a written withdrawal of the petition before the beneficiary arrives in the United States. Approval of the beneficiary's employment or training is automatically suspended while a strike or other labor dispute involving a work stoppage or layoff of employees is in progress in the occupation and at the place the alien is being employed or trained. An extension of stay may be authorized in increments of not more than 12 months each under the same terms and conditions that apply to an admission, except that an applicant for an individual extension on Form I-539 shall not require a new petition to continue previously authorized temporary employment or training. Form I-129B shall be used when filing an application for a group extension. An alien defined in section 101(a) (15) (H) (ii) of the Act shall not be granted an extension which would result in an unbroken stay in the United States for more than three years. (4) Special classes. The services of an entertainer beneficiary shall be restricted to the activity, area, and employer specified in the approved petition. Any engagement not specified in the original petition shall require a new petition. A new petition shall also be required if the entertainer's services are engaged by a new employer or by a new agent or are to be performed in another area, except that a new petition will not be required for the appearance of an alien performer on a bona fide charity show without compensation, provided he is already in the United States pursuant to an approved visa petition. A petition shall not be required for an appearance, interview, or demonstration, without remuneration, by any nonimmigrant alien who is not an entertainer by occupation. A separate petition and fee shall be required for each group of variety entertainers comprising а separate and distinct act. (i) Representatives of information media. The admission of an alien of the class defined in section 101(a) (15) (I) of the Act constitutes an agreement by the alien not to change the information medium or his employer until he obtains permission to do so from the district director having jurisdiction over his residence. The initial period of admission and extensions of stay of such aliens may be authorized in increments not to exceed one year each. (j) Exchange aliens—(1) General. As used in this chapter the term "exchange alien" means a nonimmigrant alien who was admitted to the United States under section 101(a) (15) (J) of the Act or acquired such status after admission, or who acquired exchangevisitor status under the United States Information and Educational Exchange Act of 1948, as amended. An exchange |