cation by an attorney, typed or rubber-stamped in the language set forth in § 204.2(f) of this chapter. However, the original document shall be submitted, if submittal is requested by the Service.

[31 FR 10021, July 23, 1966; 31 FR 10355, Aug. 22, 1966, as amended at 34 FR 5326, Mar. 18, 1969; 38 FR 31166, Nov. 12, 1973; 41 FR 37566, Sept. 7, 1976; 41 FR 55850, Dec. 23, 1976]

§ 212.9 Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants.

a

A derivative beneficiary who is the spouse or child of a qualified third or sixth preference or nonpreference immigrant and who is also a graduate of a medical school as defined by section 101(a)(41) of the Act is not considered to be an alien who is coming to the United States principally to perform services as a member of the medical profession. Therefore, derivative third or sixth preference or nonpreference immigrant under section 203(a)(8) of the Act, who is also a graduate of a medical school, is eligible for an immigrant visa or for adjustment of status under section 245 of the Act, whether or not such derivative immigrant has passed Parts I and II of the National Board of Medical Examiners Examination or equivalent examination.

(Secs. 103, 203(a)(8), and 212(a)(32), 8 U.S.C 1103, 1153(a)(8), and 1182(a)(32))

[45 FR 63836, Sept. 26, 1980]

PART 213-ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT

§ 213.1 Admission under bond or cash deposit.

The district director having jurisdiction over the intended place of residence of an alien may accept a public charge bond prior to the issuance of an immigrant visa to the alien upon receipt of a request directly from a United States consular officer or upon presentation by an interested person of a notification from the consular officer requiring such a bond. Upon acceptance of such a bond, the district

director shall notify the U.S. consular officer who requested the bond, giving the date and place of acceptance and the amount of the bond. The district director having jurisdiction over the place where the examination for admission is being conducted or the special inquiry officer to whom the case is referred may exercise the authority contained in section 213 of the Act. All bonds and agreements covering cash deposits given as a condition of admission of an alien under section 213 of the Act shall be executed on Form I352 and shall be in the sum of not less than $1,000. The officer accepting such deposit shall give his receipt therefor on Form I-305. For procedures relating to bond riders, acceptable sureties, cancellation or breaching of bonds, see Part 103 of this chapter.

(Sec. 103, 66 Stat. 173; 8 U.S.C. 1103)

[29 FR 10579, July 30, 1964, as amended at 32 FR 9626, July 4, 1967]

Sec.

PART 214-NONIMMIGRANT CLASSES

214.1 Requirements for admission, extension, and maintenance of status. 214.2 Special requirements for admission, extension, and maintenance of status. 214.3 Petitions for approval of schools. 214.4 Withdrawal of school approval.

AUTHORITY: Secs. 101, 103, 212, 214, 66 Stat. 166, 172, 182, as amended, 189; 8 U.S.C. 1101, 1103, 1182, 1184, unless otherwise noted.

§ 214.1 Requirements for admission, extension, and maintenance of status. (a) General. Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States, shall establish that he is admissible to the United States, or that any ground of inadmissibility has been waived under section 212(d)(3) of the Act. Upon application for admission, the alien shall present a valid passport and valid visa unless either or both documents have been waived. However, an alien applying for extension of stay shall present a passport only if requested to do so by the Service. The passport of an alien applying either for admission or extension of stay

shall be valid for a minimum of six months from the expiration date of the contemplated period of stay, unless otherwise provided in this chapter. A nonimmigrant alien applying for admission or extension of stay shall agree to abide by all the terms and conditions of his admission or extension. He shall also agree to depart the United States at the expiration of his authorized period of admission or extension, or upon abandonment of his authorized nonimmigrant status. At the time a nonimmigrant alien applies for admission or extension of stay he shall post a bond on Form I352 in the sum of not less than $500, to insure the maintenance of his nonimmigrant status and his departure from the United States, if required to do so by the District Director, Immigration Judge, or Board of Immigration Appeals.

(b) Readmission of nonimmigrants under section 101(a)(15) (F) or (J) to complete unexpired periods of previous admission or extension of stay. A nonimmigrant applying for readmission to the United States under section 101(a)(15) (F) or (J) of the Act whose nonimmigrant visa is considered automatically revalidated pursuant to 22 CFR 41.125(f) shall, if otherwise admissible, be admitted for the unexpired period of stay authorized prior to his earlier departure, if he satisfies the following conditions: (1) He is applying for readmission after an absence from the United States not exceeding 30 days solely in contiguous territory or adjacent islands; (2) he is in possession of a valid passport; and (3) he presents, or is the accompanying spouse or child of the alien who presents, a Form I-94, a current Form I-20, or a current Form DSP-66, as appropriate, issued to him in connection with his previous admission or stay. Such Form I-94, Form I-20, or Form DSP-66 must show the unexpired period of the alien's stay properly endorsed by the Service, school official, or exchange program sponsor.

(c) Extension of stay. The nonimmigrant alien defined in section 101(a)(15)(A)(i) or (ii) or (G)(i), (ii), (iii), or (iv) of the Act is admitted for as long as such alien continues to be so recognized by the Secretary of State,

and is not required to obtain extension of stay. The nonimmigrant alien defined in section 101(a)(15)(C), (D), or (K) of the Act, or who was admitted in transit without visa, is ineligible for extension of stay. Nonimmigrant aliens defined in section 101(a)(15)(F) and (J) of the Act shall apply for extension of stay only on Form I-538 and Form IAP-66, respectively. Aliens in all other nonimmigrant classes shall apply for extensions of stay on Form I-539. The application should be submitted at least fifteen days and not more than sixty days prior to expiration of the currently authorized stay; and it may be granted or denied by the district director or officer in charge. There shall be no appeal from his/her decision. A separate application must be executed and submitted for each alien seeking extension of stay; however, regardless of whether or not they accompanied the applicant to the United States, the spouse and minor unmarried children having the same nonimmigrant classification may be included in the application without additional fee. Extensions granted to members of a family group shall be for the same period; if one member is eligible for only a six-month extension and another for a twelve-month extension, the shorter period shall govern. If failure to file a timely application is found to be excusable, an extension of stay may be granted but it shall date from the time of expiration of the previously authorized stay. When because of conditions beyond his/her control or other special circumstances, a nonimmigrant needs an additional period of less than thirty days beyond the previously authorized stay within which to effect departure, such time may be granted without the filing of a formal application. For procedures on cancellation and breaching of bonds, see Part 103 of this chapter.

(d) Termination of status. Within the period of initial admission or extension of stay, the nonimmigrant status of an alien shall be terminated by the revocation of a waiver previously authorized in his behalf under section 212(d) (3) or (4) of the Act; or by the introduction of a private bill to confer permanent resident status on such alien.

(e) Employment. A nonimmigrant in the United States in a class defined in section 101(a)(15)(B) of the Act as a temporary visitor for pleasure, or section 101(a)(15)(C) of the Act as an alien in transit through this country, may not engage in any employment. Any other nonimmigrant in the United States may not engage in any employment unless he has been accorded a nonimmigrant classification which authorizes employment or he has been granted permission to engage in employment in accordance with the provisions of this chapter. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(9) of the Act.

(f) False information. A condition of a nonimmigrant's admission and continued stay in the United States is the full and truthful disclosure of all information requested by the Service. Willful failure by a nonimmigrant to provide full and truthful information requested by the Service (regardless of whether or not the information requested was material) constitutes a failure to maintain nonimmigrant status under Section 241(a)(9) of the Act.

(g) Criminal activity. A condition of a nonimmigrant's admission and continued stay in the United States is obedience to all laws of United States jurisdictions which prohibit the commission of crimes of violence and for which a sentence of more than one year imprisonment may be imposed. A nonimmigrant's conviction in a jurisdiction in the United States for a crime of violence for which a sentence of more than one year imprisonment may be imposed (regardless of whether such sentence is in fact imposed) constitutes a failure to maintain status under Section 241(a)(9) of the Act.

[26 FR 12067, Dec. 16, 1961, as amended at 36 FR 8048, Apr. 29, 1971; 37 FR 14288, June 19, 1972; 43 FR 12674, Mar. 27, 1978; 44 FR 65727, Nov. 14, 1979; 45 FR 48867, July 22, 1980; 46 FR 25597, May 8, 1981]

§ 214.2 Special requirements for admission, extension, and maintenance of status.

The general requirements in § 214.1 are modified for the following nonimmigrant classes;

(a) Foreign government officials—(1) General. 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)(A) of the Act. An alien who has a nonimmigrant status under section 101(a)(15)(A) (i) or (ii) of the Act shall be admitted for the duration of the period for which he continues to be recognized by the Secretary of State as being entitled to such status. An alien who has a nonimmigrant status under section 101(a)(15)(A) (iii) of the Act shall be admitted for an initial period not exceeding one year, and may be granted extensions of temporary stay in increments of not more than one year. An application for extension of temporary stay by an alien who has a nonimmigrant status under section 101(a)(15)(A) (iii) shall be accompanied by a written statement from the official by whom the applicant is employed describing the current and intended employment of the applicant.

(2) Employment. The spouse, unmarried dependent son or unmarried dependent daughter habitually residing with a foreign government official classified as a nonimmigrant under section 101(a)(15)(A)(i) or (ii) of the Act as an officer or employee assigned to a diplomatic or consular office in the United States may be granted permission to accept or continue employment in the United States if an application to do so has first been favorably recommended by an authorized representative of the Department of State and approved by the District Director of the Service as indicated below. To apply, the spouse or unmarried dependent son or unmarried dependent daughter shall first submit Form I-566 to the Office of Protocol of the Department of State for transmission to the Visa Office. The form shall be accompanied by a certification by the

diplomatic mission of the Government employing the principal alien that the applicant is the spouse or unmarried dependent son or unmarried dependent daughter of an official of that Government whose assignment is expected to last more than six months. The applicant shall also submit with the application a statement from the prospective employer describing the position and salary offered, the duties of the position and verification that the applicant possesses the necessary qualifications for the position. The application may be appoved if both the authorized representative of the Department of State and the District Director of this Service at Washington, DC are satisfied that: (i) Both the principal alien and the applicant desiring employment are maintaining A-1 or A-2 status; (ii) the proposed employment is not in an occupation listed in the Department of Labor Schedule B (20 CFR 656) or otherwise determined by the Department of Labor to be one for which there is an oversupply of qualified U.S. workers in the area of proposed employment, except in the case of the employment of an unmarried dependent son or unmarried dependent daughter in A-1 or A-2 status who is a full-time student, if the employment is part-time, consisting of not more than 20 hours per week and/ or if it is temporary employment of not more than 12 weeks at a time during school holiday periods; Provided, That if an A-1 or A-2 alien was authorized to accept full-time employment in a Schedule B occupation prior to the effective date of this regulation he/she may continue in that employment for a period of 2 years following the effective date of this regulation; (iii) employment of a similar nature for family members of United States Government officials assigned to a diplomatic or consular office in the country employing the principal alien is not prohibited by the host country government; and (iv) the proposed employment would not be contrary to the interests of the United States. Employment of A-1 or A-2 aliens who have criminal records, or who have violated the immigration and nationality laws or regulations or who worked illegally or who cannot establish that

they paid taxes on income from previous U.S. employment may be considered contrary to the interests of the United States. However, an A-1 or A-2 alien who is working without authorization on the effective date of this regulation must apply for authority to continue that work within 90 days of the effective date of this regulation. He/she must comply with the terms of this regulation in all respects except for the provision relating to illegal employment, and the fact of such illegal employment will not be construed against him/her in considering that application for employment. Permission to accept employment may not be granted to A-1 or A-2 spouses, unmarried dependent sons or unmarried dependent daughters if the principal alien will be stationed in this country for a definite period of six months or less. Permission to accept or continue employment under this section shall be granted in increments of not more than two years each. There shall be no appeal from a denial of permission to accept or continue employment under this section. The Service will inform the A-1 or A-2 applicant by letter whether the application has been granted or denied and if denied, of the reasons therefor. When an application is approved, the Service shall inform the Internal Revenue Service and Department of Labor. A family member of a principal alien classified A-3 may not be employed in the United States under these regulations.

(3) Dependents of the Government of Canada. Notwithstanding the provisions of paragraph (a)(2) of this section, on the basis of an agreement entered into between the Department of State and the Canadian Embassy, dependents of employees of the Government of Canada assigned to official duty in the United States shall have permission to accept unrestricted employment under the following conditions: (i) The Embassy of Canada in Washington, DC has made an official request to the Office of Protocol of the Department of State, (ii) the Office of Protocol recognizes the person to be a dependent of an official employee, and (iii) the Office of Protocol has informed the Embassy of Canada the dependent has permission

to accept employment. For purposes of the arrangement, the term "dependent" shall include (A) spouses, (B) unmarried dependent children under 21 years of age, (C) unmarried dependent children under 25 years of age who are in full-time attendance as students at post-secondary educational institutions, and (D) unmarried children who are physically or mentally disabled. Dependents who obtain employment under this agreement are responsible for payment of income taxes and Social Security contributions on any remuneration received. Further, immunity from civil or administrative jurisdiction in accordance with Article 37 of the Vienna Convention on Diplomatic Relations is waived for such dependents with respect on all matters arising out of such employment.

(b) Visitors. The classification of visitors in the Act has been subdivided for visa, admission, and extension purposes into visitors for business (B-1) and visitors for pleasure (B-2). A B-1 or B-2 visitor may be admitted for an initial period of not more than 1 year and may be granted extensions of temporary stay in increments of not more than 6 months.

(c) Transits-(1) Without visas. An applicant for admission under the transit without visa privilege must establish that he is admissable under the immigration laws; that he has confirmed and onward reservations to at least the next country beyond the United States, and that he will continue his journey on the same line or a connecting line within 8 hours after his arrival; however, if there is no scheduled transportation within that 8-hour period, continuation of the journey thereafter on the first available transport will be satisfactory. Transfers from the equipment which an applicant arrives to other equipment of the same or a connecting line shall be limited to 2 in number, with the last transport departing foreign (but not necessarily nonstop foreign), and the total period of waiting time for connecting transportation shall not exceed 8 hours except as provided above. Notwithstanding the foregoing, an applicant, if seeking to join a vessel in the United States as a crewman, shall be in possession of a valid

on

"D" visa and a letter from the owner or agent of the vessel he seeks to join, shall proceed directly to the vessel on the first available transportation and upon joining the vessel shall remain aboard at all times until it departs from the United States. Except for transit from one part of foreign contiguous territory to another part of the same territory, application for direct transit without a visa must be made at one of the following ports of entry: Agana, Guam, Anchorage, Alaska, Atlanta, Ga., Baltimore, Md., Bangor, Maine, Boston, Mass., Brownsville, Tex., Buffalo, N.Y., Charlotte Amalie, V.I., Chicago, Ill., Christiansted, V.I., Dallas, Tex., Denver, Colo., Detroit, Mich., Fairbanks, Alaska, Great Falls, Mont., Hartford, Conn., Honolulu, Hawaii, Houston, Tex., Los Angeles, Calif., Miami, Fla., Newark, N.J., New Orleans, La., New York, N.Y., Niagara Falls, N.Y., Norfolk, Va., Philadelphia, Pa., Pittsburgh, Pa., Ponce, P.R., Port Everglades Fla., Portland, Oreg., San Antonio, Tex., San Diego, Calif., San Francisco, Calif., San Juan, P.R., Seattle, Wash., St. Paul, Minn., Tampa, Fla., Washington, D.C. The privilege of transit without a visa may be authorized only under the conditions that the transportation line, without the prior consent of the Service, will not refund the ticket which was presented to the Service as evidence of the alien's confirmed and onward reservations; that the alien will not apply for extension of temporary stay or for adjustment of status under section 245 of the Act, and that until his departure from the United States responsibility for his continuous actual custody will lie with the transportation line which brought him to the United States unless at the direction of the district director he is in the custody of this Service or other custody approved by the Commissioner.

(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 proceed directly to the immediate vicinity of the United Na