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ance with the instructions for completion of that form and accompanied by the evidence of the beneficiary's qualifications specified in those instructions. The Service will refer Form ES-575A and supporting documents to the Bureau of Employment Security, Department of Labor, for a determination with respect to the issuance of a certification under section 212 (a) (14) of the Act, unless the alien's occupation is included in the categories of employment for which the Secretary of Labor has issued a blanket certification (Schedule A, 29 CFR Part 60) and the alien clearly comes within the terms of such certification, or unless the alien is clearly not within the purview of section 203 (a) (3). In any individual case the Service may request the Bureau of Employment Security to furnish an advisory opinion concerning the beneficiary's qualifications as a member of the professions or as a person of exceptional ability in the sciences or the arts. The documents supporting a petition in behalf of a member of the professions or in behalf of an alien with exceptional ability in the sciences or arts, whose eligibility is based in whole or in part on high education, shall include a certified copy of the alien's school record. The record must show the period of attendance, major field of study, and the degrees or diplomas awarded. If the alien has received a license or other official permission to practice his profession, the license or other official permit to practice must also be submitted. If the allen's eligibility is based on a claim of exceptional ability in the sciences or the arts, documentary evidence supporting the claim must be submitted by the petitioner. Such evidence may attest to the universal acclaim and either the national or international recognition accorded to the alien; that he has received a nationally or internationally recognized prize or award or won a nationally or internationally recognized competition for excellence for a specific product or performance or for outstanding achievement; or that he is a member of a national or international association of persons which maintains standards of membership recognizing outstanding achievement as judged by recognized national or international experts in a specific discipline or field of endeavor. An affidavit attesting to an alien's exceptional ability in the sciences or the arts must set forth the name and address of the affiant, state how he has acquired

his knowledge of the alien's qualifications, and must describe in detail the facts on which the affiant bases his assessment of the alien's qualifications. If material published by or about the alien is submitted, it must be accompanied by information as to the date, place, and title of the publication.

(2) Physicians. An alien physician shall be considered eligible for classification as a member of the professions if he establishes that he was graduated from a medical school in the United States or Canada, or that he was graduated from a foreign medical school and has successfully passed the examination given by the Educational Council for Foreign Medical Graduates, or that he was graduated from a foreign medical school and has obtained a full and unrestricted license to practice medicine in the country where he obtained his medical education. In any other case the district director may consult the Educational Council for Foreign Medical Graduates or other organizations and experts in the medical field for the purpose of obtaining an advisory opinion of the alien's qualifications as a physician.

(g) Evidence required to accompany petition for skilled or unskilled labor. Form ES-575A or Forms ES-575 A and B, properly executed in accordance with the instructions for completion of those forms and accompanied by the documentary evidence specified in the instructions attached to the visa petition, shall be submitted with each visa petition on Form I-140 to accord an alien classification under section 203(a)(6) of the Act. Form ES-575B is not required if the occupation for which the alien is qualified and in which he will be employed is included in the Department of Labor's current Certification List or List of Occupations Requiring No Job Offer, contained in Schedules A and C respectively, 29 CFR Part 60. A petition on behalf of such an alien may be submitted without attaching the certification by the Secretary of Labor issued under section 212(a) (14) of the Act, but must be accompanied by Form ES-575A before the petition may be filed. If the occupation in which the alien will be employed is not included in Schedules A or C, the petition may be filed only if the petitioner submits with it the certification of the Secretary of Labor issued under section 212(a) (14) of the Act, obtained in accordance with the procedure specified in § 212.8(c) (5) of this chapter. In addi

tion, when the qualifications of an alien are based in whole or in part on attendance at a school, the evidence must include a certified copy of his school record. The record must show the period of attendance, the major field of study, and the certificates, diplomas, or degrees awarded. If the alien's eligibility is based on training or experience, documentary evidence thereof, such as affidavits, must be submitted by the petitioner. Affidavits must be made by the alien's present and former employers or by other persons familiar with the alien's work. Each such affidavit must set forth the name and address of the affiant and state how he acquired his knowledge of the alien's qualifications, state the place where and the dates during which the alien gained his training or experience, and must describe in detail the duties performed by the alien, any tools used, and any supervision received or exercised by the alien. The district director may request the Secretary of Labor or his designated representative to furnish an advisory opinion concerning the beneficiary's qualifications.

[30 F.R. 14773, Nov. 30, 1965, as amended at 31 F.R. 5118, Mar. 30, 1966; 32 F.R. 852; Jan. 25, 1967; 32 F.R. 9624, July 4, 1967; 32 F.R. 10433, July 15, 1967; 32 F.R. 11628, Aug. 11, 1967]

§ 204.3 Disposition of approved petitions.

If the beneficiary of an approved petition will apply to an American consulate for a visa, the approved petition shall be forwarded to the consulate designated by the petitioner. When the beneficiary of an approved petition will file an application for adjustment of status under section 245 of the Act, the approved petition will be retained by the Service for consideration in connection with that application.

§ 204.4 Validity of approved petitions.

The approval of a petition to classify an alien as a preference immigrant under section 203(a) (3) or (6) of the Act shall remain valid for a period of 1 year from the date of any individual certification issued by the Secretary of Labor pursuant to section 212(a) (14) of the Act; if a blanket certification has been issued covering the alien's profession or occupation, the approval shall remain valid for a period of 1 year from the date of approval. The approval of a petition to classify an alien as a preference immi

grant under section 203 (a) (1), (2), (4), or (5) or as an immediate relative under section 201(b) of the Act shall remain valid for a period of 5 years from the date of approval. The validity of any petition under this section may be revoked pursuant to the provisions of Part 205 of this chapter prior to the 1- or 5-year limitations set forth herein.

§ 204.5 Automatic conversion of classification of beneficiary.

(a) By change in beneficiary's marital status. (1) A currently valid petition classifying the child of a U.S. citizen as an immediate relative under section 201 (b) of the Act, or classifying the unmarried son or unmarried daughter of a U.S. citizen under section 203 (a)(1) of the Act, shall be regarded as approved for preference status under section 203 (a) (4) of the Act as of the date the beneficiary marries.

(2) A currently valid petition classifying the married son or married daughter of a U.S. citizen for preference status under section 203 (a) (4) of the Act shall, upon the presentation of satisfactory evidence of the legal termination of the beneficiary's marriage, be regarded as approved for preference status under section 203 (a) (1) of the Act or, if the beneficiary is under 21 years of age, for status as an immediate relative under section 201 (b) of the Act, as of the date of termination of the marriage.

(b) By beneficiary's attainment of the age of 21 years. A currently valid petition classifying the child of a U.S. citizen as an immediate relative under section 201 (b) of the Act shall, if the beneficiary is still unmarried, be regarded as approved for preference status under section 203 (a) (1) of the Act as of the beneficiary's attainment of his 21st birthday.

(c) By petitioner's naturalization. Effective upon the date of naturalization of a petitioner who had been lawfully admitted for permanent residence, a currently valid petition according preference status under section 203 (a) (2) of the Act to the petitioner's spouse, unmarried son, or unmarried daughter, shall be regarded as approved to accord status as an immediate relative under section 201(b) of the Act to the spouse, and unmarried son or unmarried daughter who is under 21 years of age, and to accord preference status under section 203 (a) (1) of the Act to the un

married son or unmarried daughter who is 21 years of age or older.

§ 204.6 Effect of changed employment on priority date for sixth preference classification.

When a new petition by another employer is approved in behalf of the beneficiary of a previously approved sixthpreference petition, and the beneficiary has accepted or intends to accept employment with the new petitioner, the beneficiary shall no longer be entitled to a priority date as of the date of filing of the original petition. Instead, his priority date shall be the date of filing of the subsequently approved petition for sixth preference classification. However, the original priority date shall be restored if the beneficiary returns to the original petitioner's employment or establishes that he intends upon arrival in the United States to be employed by the original employer as specified in the original petition, and that petition is still valid or is revalidated.

[32 F.R. 9624, July 4, 1967]

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§ 205.1

Automatic revocation.

The approval of a petition made under section 204 of the Act and in accordance with Part 204 of this chapter is revoked as of the date of approval if any of the following circumstances occur before the beneficiary's journey to the U.S. commences or, if the beneficiary is an applicant for adjustment of status to that of permanent resident, before the decision on his application becomes final:

(a) Relative petitions. (1) Upon formal notice of withdrawal filed by the petitioner with the officer who approved the petition.

a petition has accorded status as the spouse of a citizen or lawful resident alien, respectively, under section 201(b), or section 203 (a) (2) of the Act.

(4) Upon a beneficiary accorded immediate relative status as the child of a U.S. citizen reaching the age of 21, except that such petition is valid to accord a status under section 203 (a)(1) of the Act if the beneficiary remains unmarried, and a status under section 203 (a) (4) of the Act in the event of marriage, for a period of 5 years from the date of initial approval or last revalidation.

(5) Upon the marriage of a beneficiary accorded a status as a son or daughter of a U.S. citizen under section 203 (a)(1) of the Act, except that such petition is valid to accord a status under section 203 (a) (4) of the Act for a period of 5 years from the date of initial approval or last revalidation.

(6) Upon the marriage of a beneficiary accorded a status as a son or daughter of a lawful resident alien under section 203 (a) (2) of the Act.

(7) Upon the expiration of 5 years from the date of initial approval or last revalidation.

(b) Other petitions. (1) The beneficiary is an alien seeking classification under section 203(a) (3) or (6) of the Act and is not issued a visa on or prior to the expiration date of approval shown on the approved petition.

(2) In connection with a petition seeking classification of the beneficiary under section 203 (a) (6) of the Act, the petitioner dies, goes out of business, or files a written withdrawal of the petition, or the beneficiary dies.

(3) In connection with a petition seeking classification of the beneficiary under section 203 (a) (3) of the Act, the beneficiary dies or files a written withdrawal of the petition.

(4) The certification required by section 212(a) (14) of the Act is canceled, withdrawn, or expires.

(c) Revalidation. Any petition approved under section 204 of the Act, which was automatically revoked by failure to obtain a visa within the prescribed period of time, may be revalidated by a district director retroactively as of the date of the initial approval, if the requirements of section 204 of the Act

(2) Upon the death of the petitioner currently exist. The following American or beneficiary.

(3) Upon the legal termination of the relationship of husband and wife when

consular officers are also authorized to revalidate any petition on Form I-130 when the petitioner and the beneficiary

are physically present in the area over which the consular officers have jurisdiction: American consular officers assigned to visa-issuing posts in South America (except Venezuela), areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Philippines), Australia, New Zealand, and Africa (excluding posts in the United Arab Republic, the Mediterranean islands and Portuguese island posessions); while such consular officers are authorized to revalidate such petitions, they shall refer any petition which is not clearly subject to revalidation to the appropriate Service office outside the United States for decision. A petitioner may request revalidation of a petition approved under section 204 of the Act. Before the petition may be revalidated, the beneficiary's current eligibility must be established. The petitioner shall be notified of the decision on his request for revalidation and, if revalidation is not granted, of the reasons therefor, and shall have 15 days after the mailing of the notification of decision within which to appeal, as provided in Part 3 of this chapter, if the petition was filed for a preference under paragraph (1), (2), (4), or (5) of section 203(a) of the Act, or for an immediate relative as defined in section 201(b) of the Act other than a child as defined in section 101(b) (1) (F) of the Act, or as provided in Part 103 of this chapter, if the petition was filed for a preference under paragraph (3) or (6) of section 203 (a) of the Act, or for a child as defined in section 101 (b) (1) (F) of the Act. However no appeal shall lie from a decision denying a request for revalidation of a petition filed for a preference under paragraph (3) or (6) of section 203 (a) of the Act if the denial is based on the lack of a certification by the Secretary of Labor pursuant to section 212(a) (14) of the Act. When a visa petition has been approved, and subsequently a new petition by the same petitioner is approved in behalf of the same beneficiary, the latter approval shall be regarded as a revalidation of the original petition.

(d) Notice. When it shall appear to a district director that the approval of a petition has been automatically revoked, he shall cause a notice of such revocation to be sent promptly to the consular office having jurisdiction over the visa application and a copy of such

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Revocation of approval of a petition under § 205.2 shall be made only upon notice to the petitioner who shall be given an opportunity to offer evidence in support of the petition and in opposition to the grounds alleged for revocation of the approval. If upon reconsideration the approval previously granted is revoked, the petitioner shall be informed of the decision with the reasons therefor and shall have 15 days after the mailing of the notification of decision within which to appeal as provided in Part 3 of this chapter, if the petition was filed for a preference under paragraph (1), (2), (4), or (5) of section 203 (a) of the Act, or for an immediate relative as defined in section 201(b) of the Act other than a child as defined in section 101 (b) (1) (F) of the Act, or as provided in Part 103 of this chapter, if the petition was filed for a preference under paragraph (3) or (6) of section 203 (a) of the Act, or for a child as defined in section 101(b) (1) (F) of the Act, and the consular office having jurisdiction over the visa application shall be notified of the revocation.

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as amended, 194, 198, 218; 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257.

§ 211.1 Visas.

(a) General. A valid unexpired immigrant visa shall be presented by each arriving immigrant alien applying for admission to the United States for lawful permanent residence, except an immigrant alien who: (1) Is a child born subsequent to the issuance of an immigrant visa to his accompanying parent and applies for admission during the validity of such a visa; or (2) is a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided the child's application for admission to the United States is made within 2 years of his birth, the child is accompanied by his parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

(b) Aliens returning to an unrelinquished lawful permanent residence(1) Form I-151, Alien Registration Receipt Card. In lieu of an immigrant visa, an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year may present Form I-151, Alien Registration Receipt Card, duly issued to him, provided that during such absence he did not travel to, in, or through any of the following places: Albania, Cuba, Outer Mongolia, and Communist portions of China, Korea, or Viet-Nam, and, except for children who have not attained the age of 16 at the time they apply for admission into the United States, Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, the Soviet Zone of Germany ("German Democratic Republic"), the Union of Soviet Socialist Republics, or Yugoslavia. The foregoing restrictions shall not apply when the alien has passed in direct and continuous transit through the Soviet Zone of Germany to Berlin from West Germany by automobile, rail, or plane and returned to West Germany; or when the alien has passed in direct and continuous transit through Yugoslavia to or from Austria, Greece, or Italy. An alien regularly serving as a crewman in any capacity required for normal operations and services

aboard an aircraft or vessel of American registry who is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding one year may, in lieu of an immigrant visa, present Form I-151, duly issued to him, notwithstanding travel to, in, or through any of the restricted places named in this subparagraph pursuant to his employment as a crewman. An alien who proceeded abroad temporarily without a reentry permit and in whose case subsequent to his departure from the United States the Department of State has approved travel to, in, or through Albania, Cuba, Outer Mongolia, or Communist portions of China, Korea, or Viet Nam may, in lieu of an immigrant visa or reentry permit, present Form I-151 together with the letter from the Department of State approving his travel to, in, or through the place or places named in the letter, if he is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year. An alien who proceeded abroad temporarily without a reentry permit and in whose case subsequent to his departure from the United States the Service has approved travel to, in, or through any of the other place or places named in this subparagraph for which Form I-151 is not valid may, in lieu of an immigrant visa or reentry permit, present Form I-151 together with the letter from an officer of the Service approving his travel to, in, or through the place or places named in the letter, if he is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad not exceeding 1 year. When returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad, a spouse or child of a member of the Armed Forces of the United States stationed foreign pursuant to official orders may, in lieu of an immigrant visa, present Form I151, provided such spouse or child resided abroad with the member of the Armed Forces and is preceding or accompanying the member, or is following to join the member in the United States within 4 months of the member's return. and during the temporary absence did not travel to, in, or through any of the restricted places named in this subparagraph except those named places concerning which the restrictions do not

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