[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR214.2]

[Page 243-356]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 214_NONIMMIGRANT CLASSES--Table of Contents
 
Sec.  214.2  Special requirements for admission, extension, and 

maintenance of status.

    The general requirements in Sec.  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 is evidence of the proper 
classification of a nonimmigrant under 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 is to be admitted for the duration of the period for 
which the alien continues to be recognized by the Secretary of State as 
being entitled to that status. An alien defined in section 
(101)(a)(15)(A)(iii) of the Act is to be admitted for an initial period 
of not more than three years, and may be granted extensions of temporary 
stay in increments of not more than two years. In addition, the 
application for extension of temporary stay must be accompanied by a 
statement signed by the employing official stating that he/she intends 
to continue to employ the applicant and describing the type of work the 
applicant will perform.
    (2) Definition of A-1 or A-2 dependent. For purposes of employment 
in the United States, the term dependent of an A-1 or A-2 principal 
alien, as used in Sec.  214.2(a), means any of the following immediate 
members of the family habitually residing in the same household as the 
principal alien who is an officer or employee assigned to a diplomatic 
or consular office in the United States:
    (i) Spouse;
    (ii) Unmarried children under the age of 21;
    (iii) Unmarried sons or daughters under the age of 23 who are in 
full-time attendance as students at post-secondary educational 
institutions;
    (iv) Unmarried sons or daughters under the age of 25 who are in 
full-time attendance as students at post-secondary educational 
institutions if a formal bilateral employment agreement permitting their 
employment in the United States was signed prior to November 21, 1988, 
and such bilateral employment agreement does not specify 23 as the 
maximum age for employment of such sons and daughters. The Office of 
Protocol of the Department of State shall maintain a listing of foreign 
states with which the United States has such bilateral employment 
agreements;
    (v) Unmarried sons or daughters who are physically or mentally 
disabled to the extent that they cannot adequately care for themselves 
or cannot establish, maintain or re-establish their own households. The 
Department of State or the Service may require certification(s) as it 
deems sufficient to document such mental or physical disability.
    (3) Applicability of a formal bilateral agreement or an informal de 
facto arrangement for A-1 or A-2 dependents. The applicability of a 
formal bilateral agreement shall be based on the foreign state which 
employs the principal alien and not on the nationality of the principal 
alien or dependent. The applicability of an informal de facto 
arrangement shall be based on the foreign state which employs the 
principal alien, but under a de facto arrangement the principal alien 
also must be a

[[Page 244]]

national of the foreign state which employs him/her in the United 
States.
    (4) Income tax, Social Security liability; non-applicability of 
certain immunities. Dependents who are granted employment authorization 
under this section are responsible for payment of all federal, state and 
local income, employment and related taxes and Social Security 
contributions on any remuneration received. In addition, immunity from 
civil or administrative jurisdiction in accordance with Article 37 of 
the Vienna Convention on Diplomatic Relations or other international 
agreements does not apply to these dependents with respect to matters 
arising out of their employment.
    (5) Dependent employment pursuant to formal bilateral employment 
agreements and informal de facto reciprocal arrangements. (i) The Office 
of Protocol shall maintain a listing of foreign states which have 
entered into formal bilateral employment agreements. Dependents of an A-
1 or A-2 principal alien assigned to official duty in the United States 
may accept or continue in unrestricted employment based on such formal 
bilateral agreements upon favorable recommendation by the Department of 
State and issuance of employment authorization documentation by the 
Service in accordance with 8 CFR part 274a. The application procedures 
are set forth in paragraph (a)(6) of this section.
    (ii) For purposes of this section, an informal de facto reciprocal 
arrangement exists when the Department of State determines that a 
foreign state allows appropriate employment on the local economy for 
dependents of certain United States officials assigned to duty in that 
foreign state. The Office of Protocol shall maintain a listing of 
countries with which such reciprocity exists. Dependents of an A-1 or A-
2 principal alien assigned to official duty in the United States may be 
authorized to accept or continue in employment based upon informal de 
facto arrangements upon favorable recommendation by the Department of 
State and issuance of employment authorization by the Service in 
accordance with 8 CFR part 274a. Additionally, the procedures set forth 
in paragraph (a)(6) of this section must be complied with, and the 
following conditions must be met:
    (A) Both the principal alien and the dependent desiring employment 
are maintaining A-1 or A-2 status as appropriate;
    (B) The principal's assignment in the United States is expected to 
last more than six months;
    (C) Employment of a similar nature for dependents of United States 
Government officials assigned to official duty in the foreign state 
employing the principal alien is not prohibited by that foreign state's 
government;
    (D) The proposed employment is not in an occupation listed in the 
Department of Labor Schedule B (20 CFR part 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. 
This Schedule B restriction does not apply to a dependent son or 
daughter 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 during school holiday periods; and
    (E) The proposed employment is not contrary to the interest of the 
United States. Employment contrary to the interest of the United States 
includes, but is not limited to, the employment of A-1 or A-2 
dependents: who have criminal records; who have violated United States 
immigration laws or regulations, or visa laws or regulations; who have 
worked illegally in the United States; and/or who cannot establish that 
they have paid taxes and social security on income from current or 
previous United States employment.
    (6) Application procedures. The following procedures are applicable 
to dependent employment applications under bilateral agreements and de 
facto arrangements:
    (i) The dependent must submit a completed Form I-566 to the 
Department of State through the office, mission, or organization which 
employs his/her principal alien. A dependent applying under paragraph 
(a)(2)(iii) or (iv) of this section must submit a certified statement 
from the post-secondary educational institution confirming that he/she 
is pursuing studies on a

[[Page 245]]

full-time basis. A dependent applying under paragraph (a)(2)(v) of this 
section must submit medical certification regarding his/her condition. 
The certification should identify the dependent and the certifying 
physician and give the physician's phone number; identify the condition, 
describe the symptoms and provide a prognosis; and certify that the 
dependent is unable to maintain a home of his or her own. Additionally, 
a dependent applying under the terms of a de facto arrangement must 
attach a statement from the prospective employer which includes the 
dependent's name; a description of the position offered and the duties 
to be performed; the salary offered; and verification that the dependent 
possesses the qualifications for the position.
    (ii) The Department of State reviews and verifies the information 
provided, makes its determination, and endorses the Form I-566.
    (iii) If the Department of State's endorsement is favorable, the 
dependent may apply to the Service. A dependent whose principal alien is 
stationed at a post in Washington, DC, or New York City shall apply to 
the District Director, Washington, DC, or New York City, respectively. A 
dependent whose principal alien is stationed elsewhere shall apply to 
the District Director, Washington, DC, unless the Service, through the 
Department of State, directs the dependent to apply to the district 
director having jurisdiction over his or her place of residence. 
Directors of the regional service centers may have concurrent 
adjudicative authority for applications filed within their respective 
regions. When applying to the Service, the dependent must present his or 
her Form I-566 with a favorable endorsement from the Department of State 
and any additional documentation as may be required by the Attorney 
General.
    (7) Period of time for which employment may be authorized. If 
approved, an application to accept or continue employment under this 
section shall be granted in increments of not more than three years 
each.
    (8) No appeal. There shall be no appeal from a denial of permission 
to accept or continue employment under this section.
    (9) Dependents or family members of principal aliens classified A-3. 
A dependent or family member of a principal alien classified A-3 may not 
be employed in the United States under this section.
    (10) Unauthorized employment. An alien classified under section 
101(a)(15)(A) of the Act who is not a principal alien and who engages in 
employment outside the scope of, or in a manner contrary to this 
section, may be considered in violation of section 241(a)(1)(C)(i) of 
the Act. An alien who is classified under section 101(a)(15)(A) of the 
Act who is a principal alien and who engages in employment outside the 
scope of his/her official position may be considered in violation of 
section 241(a)(1)(C)(i) of the Act.
    (b) Visitors--(1) General. Any B-1 visitor for business or B-2 
visitor for pleasure may be admitted for not more than one year and may 
be granted extensions of temporary stay in increments of not more than 
six months each, except that alien members of a religious denomination 
coming temporarily and solely to do missionary work in behalf of a 
religious denomination may be granted extensions of not more than one 
year each, provided that such work does not involve the selling of 
articles or the solicitation or acceptance of donations. Those B-1 and 
B-2 visitors admitted pursuant to the waiver provided at Sec.  212.1(e) 
of this chapter may be admitted to and stay on Guam for period not to 
exceed fifteen days and are not eligible for extensions of stay.
    (2) Minimum six month admissions. Any B-2 visitor who is found 
otherwise admissible and is issued a Form I-94, will be admitted for a 
minimum period of six months, regardless of whether less time is 
requested, provided, that any required passport is valid as specified in 
section 212(a)(26) of the Act. Exceptions to the minimum six month 
admission may be made only in individual cases upon the specific 
approval of the district director for good cause.
    (3) Visa Waiver Pilot Program. Special requirements for admission 
and maintenance of status for visitors admitted to the United States 
under the Visa

[[Page 246]]

Waiver Pilot Program are set forth in section 217 of the Act and part 
217 of this chapter.
    (4) Admission of aliens pursuant to the North American Free Trade 
Agreement (NAFTA). A citizen of Canada or Mexico seeking temporary entry 
for purposes set forth in paragraph (b)(4)(i) of this section, who 
otherwise meets existing requirements under section 101(a)(15)(B) of the 
Act, including but not limited to requirements regarding the source of 
remuneration, shall be admitted upon presentation of proof of such 
citizenship in the case of Canadian applicants, and valid, unexpired 
entry documents such as a passport and visa, or a passport and BCC in 
the case of Mexican applicants, a description of the purpose for which 
the alien is seeking admission, and evidence demonstrating that he or 
she is engaged in one of the occupations or professions set forth in 
paragraph (b)(4)(i) of this section. Existing requirements, with respect 
to Canada, are those requirements which were in effect at the time of 
entry into force of the Canada/U.S. Free Trade Agreement and, with 
respect to Mexico, are those requirements which were in effect at the 
time of entry into force of the NAFTA. Additionally, nothing shall 
preclude the admission of a citizen of Mexico or Canada who meets the 
requirements of paragraph (b)(4)(ii) of this section.
    (i) Occupations and professions set forth in Appendix 1603.A.1 to 
Annex 1603 of the NAFTA--(A) Research and design. Technical scientific 
and statistical researchers conducting independent research or research 
for an enterprise located in the territory of another Party.
    (B) Growth, manufacture and production (1) Harvester owner 
supervising a harvesting crew admitted under applicable law. (Applies 
only to harvesting of agricultural crops: Grain, fiber, fruit and 
vegetables.)
    (2) Purchasing and production management personnel conducting 
commercial transactions for an enterprise located in the territory of 
another Party.
    (C) Marketing. (1) Market researchers and analyst conducting 
independent research or analysis, or research or analysis for an 
enterprise located in the territory of another Party.
    (2) Trade fair and promotional personnel attending a trade 
convention.
    (D) Sales. (1) Sales representatives and agents taking orders or 
negotiating contracts for goods or services for an enterprise located in 
the territory of another Party but not delivering goods or providing 
services.
    (2) Buyers purchasing for an enterprise located in the territory of 
another Party.
    (E) Distribution. (1) Transportation operators transporting goods or 
passengers to the United States from the territory of another Party or 
loading and transporting goods or passengers from the United States to 
the territory of another Party, with no unloading in the United States, 
to the territory of another Party. (These operators may make deliveries 
in the United States if all goods or passengers to be delivered were 
loaded in the territory of another Party. Furthermore, they may load 
from locations in the United States if all goods or passengers to be 
loaded will be delivered in the territory of another Party. Purely 
domestic service or solicitation, in competition with the United States 
operators, is not permitted.)
    (2) Customs brokers performing brokerage duties associated with the 
export of goods from the United States to or through Canada.
    (F) After-sales service. Installers, repair and maintenance 
personnel, and supervisors, possessing specialized knowledge essential 
to the seller's contractual obligation, performing services or training 
workers to perform services, pursuant to a warranty or other service 
contract incidental to the sale of commercial or industrial equipment or 
machinery, including computer software, purchased from an enterprise 
located outside the United States, during the life of the warranty or 
service agreement. (For the purposes of this provision, the commercial 
or industrial equipment or machinery, including computer software, must 
have been manufactured outside the United States.)
    (G) General service. (1) Professionals engaging in a business 
activity at a professional level in a profession set out in Appendix 
1603.D.1 to Annex 1603 of the NAFTA, but receiving no salary

[[Page 247]]

or other remuneration from a United States source (other than an expense 
allowance or other reimbursement for expenses incidental to the 
temporary stay) and otherwise satisfying the requirements of Section A 
to Annex 1063 of the NAFTA.
    (2) Management and supervisory personnel engaging in commercial 
transactions for an enterprise located in the territory of another 
Party.
    (3) Financial services personnel (insurers, bankers or investment 
brokers) engaging in commercial transactions for an enterprise located 
in the territory of another Party.
    (4) Public relations and advertising personnel consulting with 
business associates, or attending or participating in conventions.
    (5) Tourism personnel (tour and travel agents, tour guides or tour 
operators) attending or participating in conventions or conducting a 
tour that has begun in the territory of another Party. (The tour may 
begin in the United States; but must terminate in foreign territory, and 
a significant portion of the tour must be conducted in foreign 
territory. In such a case, an operator may enter the United States with 
an empty conveyance and a tour guide may enter on his or her own and 
join the conveyance.)
    (6) Tour bus operators entering the United States:
    (i) With a group of passengers on a bus tour that has begun in, and 
will return to, the territory of another Party.
    (ii) To meet a group of passengers on a bus tour that will end, and 
the predominant portion of which will take place, in the territory of 
another Party.
    (iii) With a group of passengers on a bus tour to be unloaded in the 
United States and returning with no passengers or reloading with the 
group for transportation to the territory of another Party.
    (7) Translators or interpreters performing services as employees of 
an enterprise located in the territory of another Party.
    (ii) Occupations and professions not listed in Appendix 1603.A.1 to 
Annex 1603 of the NAFTA. Nothing in this paragraph shall preclude a 
business person engaged in an occupation or profession other than those 
listed in Appendix 1603.A.1 to Annex 1603 of the NAFTA from temporary 
entry under section 101(a)(15)(B) of the Act, if such person otherwise 
meets the existing requirements for admission as prescribed by the 
Attorney General.
    (5) Construction workers not admissible. Aliens seeking to enter the 
country to perform building or construction work, whether on-site or in-
plant, are not eligible for classification or admission as B-1 
nonimmigrants under section 101(a)(15)(B) of the Act. However, alien 
nonimmigrants otherwise qualified as B-1 nonimmigrants may be issued 
visas and may enter for the purpose of supervision or training of others 
engaged in building or construction work, but not for the purpose of 
actually performing any such building or construction work themselves.
    (6) [Reserved]
    (7) Enrollment in a course of study prohibited. An alien who is 
admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after 
April 12, 2002, or who files a request to extend the period of 
authorized stay in B-1 or B-2 nonimmigrant status on or after such date, 
violates the conditions of his or her B-1 or B-2 status if the alien 
enrolls in a course of study. Such an alien who desires to enroll in a 
course of study must either obtain an F-1 or M-1 nonimmigrant visa from 
a consular officer abroad and seek readmission to the United States, or 
apply for and obtain a change of status under section 248 of the Act and 
8 CFR part 248. The alien may not enroll in the course of study until 
the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has 
approved the alien's application under part 248 of this chapter and 
changed the alien's status to that of an F-1 or M-1 nonimmigrant.
    (c) Transits.
    (1) [Reserved]
    (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 Nations 
Headquarters District, and remain

[[Page 248]]

there continuously, departing therefrom only if required in connection 
with his departure from the United States, and that he have 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, NY.
    (3) Others. The period of admission of an alien admitted under 
section 101(a)(15)(C) of the Act shall not exceed 29 days.
    (d) Crewmen. (1) The provisions of parts 251, 252, 253, and 258 of 
this chapter shall govern the landing of crewmen as nonimmigrants of the 
class defined in section 101(a)(15)(D) of the Act. An alien in this 
status may be employed only in a crewman capacity on the vessel or 
aircraft of arrival, or on a vessel or aircraft of the same 
transportation company, and may not be employed in connection with 
domestic flights or movements of a vessel or aircraft. However, 
nonimmigrant crewmen may perform crewmember duties through stopovers on 
an international flight for any United States carrier where such flight 
uses a single aircraft and has an origination or destination point 
outside the United States.
    (2) Denial of crewman status in the case of certain labor disputes 
(D nonimmigrants). (i) An alien shall be denied D crewman status as 
described in section 101(a)(15)(D) of the Act if:
    (A) The alien intends to land for the purpose of performing service 
on a vessel of the United States (as defined in 46 U.S.C. 2101(46)) or 
an aircraft of an air carrier (as defined in section 101(3) of the 
Federal Aviation Act of 1958); and
    (B) A labor dispute consisting of a strike or lockout exists in the 
bargaining unit of the employer in which the alien intends to perform 
such service; and
    (C) The alien is not already an employee of the company (as 
described in paragraph (d)(2)(iv) of this section).
    (ii) Refusal to land. Any alien (except a qualified current employee 
as described in paragraph (d)(2)(iv) of this section) who the examining 
immigration officer determines has arrived in the United States for the 
purpose of performing service on board a vessel or an aircraft of the 
United States when a strike or lockout is under way in the bargaining 
unit of the employer, shall be refused a conditional landing permit 
under section 252 of the Act.
    (iii) Ineligibility for parole. An alien described in paragraph 
(d)(2)(i) of this section may not be paroled into the United States 
under section 212(d)(5) of the Act for the purpose of performing 
crewmember duties unless the Attorney General determines that the parole 
of such alien is necessary to protect the national security of the 
United States. This paragraph does not prohibit the granting of parole 
for other purposes, such as medical emergencies.
    (iv) Qualified current employees. (A) Paragraphs (d)(2)(i), 
(d)(2)(ii), and (d)(2)(iii) of this section do not apply to an alien who 
is already an employee of the owner or operator of the vessel or air 
carrier and who at the time of inspection presents true copies of 
employer work records which satisfy the examining immigration officer 
that the alien:
    (1) Has been an employee of such employer for a period of not less 
than one year preceding the date that a strike or lawful lockout 
commenced;
    (2) Has served as a qualified crewman for such employer at least 
once in three different months during the 12-month period preceding the 
date that the strike or lockout commenced; and
    (3) Shall continue to provide the same crewman services that he or 
she previously provided to the employer.
    (B) An alien crewman who qualifies as a current employee under this 
paragraph remains subject to the restrictions on his or her employment 
in the United States contained in paragraph (d)(1) of this section.
    (v) Strike or lockout determination. These provisions will take 
effect if the Attorney General, through the Commissioner of the 
Immigration and Naturalization Service or his or her designee, after 
consultation with the National Mediation Board, determines that a 
strike, lockout, or labor dispute involving a work stoppage is in 
progress in the bargaining unit of the

[[Page 249]]

employer for whom the alien intends to perform such service.
    (e) Treaty traders and investors--(1) Treaty trader. An alien, if 
otherwise admissible, may be classified as a nonimmigrant treaty trader 
(E-1) under the provisions of section 101(a)(15)(E)(i) of the Act if the 
alien:
    (i) Will be in the United States solely to carry on trade of a 
substantial nature, which is international in scope, either on the 
alien's behalf or as an employee of a foreign person or organization 
engaged in trade principally between the United States and the treaty 
country of which the alien is a national, taking into consideration any 
conditions in the country of which the alien is a national which may 
affect the alien's ability to carry on such substantial trade; and
    (ii) Intends to depart the United States upon the expiration or 
termination of treaty trader (E-1) status.
    (2) Treaty investor. An alien, if otherwise admissible, may be 
classified as a nonimmigrant treaty investor (E-2) under the provision 
of section 101(a)(15)(E)(ii) of the Act if the alien:
    (i) Has invested or is actively in the process of investing a 
substantial amount of capital in a bona fide enterprise in the United 
States, as distinct from a relatively small amount of capital in a 
marginal enterprise solely for the purpose of earning a living;
    (ii) Is seeking entry solely to develop and direct the enterprise; 
and
    (iii) Intends to depart the United States upon the expiration or 
termination of treaty investor (E-2) status.
    (3) Employee of treaty trader or treaty investor. An alien employee 
of a treaty trader, if otherwise admissible, may be classified as E-1, 
and an alien employee of a treaty investor, if otherwise admissible, may 
be classified as E-2 if the employee is in or is coming to the United 
States to engage in duties of an executive or supervisory character, or, 
if employed in a lesser capacity, the employee has special 
qualifications that make the alien's services essential to the efficient 
operation of the enterprise. The employee must have the same nationality 
as the principal alien employer. In addition, the employee must intend 
to depart the United States upon the expiration or termination of E-1 or 
E-2 status. The principal alien employer must be:
    (i) A person in the United States having the nationality of the 
treaty country and maintaining nonimmigrant treaty trader or treaty 
investor status or, if not in the United States, would be classifiable 
as a treaty trader or treaty investor; or
    (ii) An enterprise or organization at least 50 percent owned by 
persons in the United States having the nationality of the treaty 
country and maintaining nonimmigrant treaty trader or treaty investor 
status or who, if not in the United States, would be classifiable as 
treaty traders or treaty investors.
    (4) Spouse and children of treaty trader or treaty investor. The 
spouse and child of a treaty trader or treaty investor accompanying or 
following to join the principal alien, if otherwise admissible, may 
receive the same classification as the principal alien. The nationality 
of a spouse or child of a treaty trader or treaty investor is not 
material to the classification of the spouse or child under the 
provisions of section 101(a)(15)(E) of the Act.
    (5) Nonimmigrant intent. An alien classified under section 
101(a)(15)(E) of the Act shall maintain an intention to depart the 
United States upon the expiration or termination of E-1 or E-2 status. 
However, an application for initial admission, change of status, or 
extension of stay in E classification may not be denied solely on the 
basis of an approved request for permanent labor certification or a 
filed or approved immigrant visa preference petition.
    (6) Treaty country. A treaty country is, for purposes of this 
section, a foreign state with which a qualifying Treaty of Friendship, 
Commerce, or Navigation or its equivalent exists with the United States. 
A treaty country includes a foreign state that is accorded treaty visa 
privileges under section 101(a)(15)(E) of the Act by specific 
legislation.
    (7) Treaty country nationality. The nationality of an individual 
treaty trader or treaty investor is determined by the authorities of the 
foreign state of which the alien is a national. In the case of an 
enterprise or organization, ownership must be traced as best as is

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practicable to the individuals who are ultimately its owners.
    (8) Terms and conditions of E treaty status--(i) Limitations on 
employment. The Service determines the terms and conditions of E treaty 
status at the time of admission or approval of a request to change 
nonimmigrant status to E classification. A treaty trader, treaty 
investor, or treaty employee may engage only in employment which is 
consistent with the terms and conditions of his or her status and the 
activity forming the basis for the E treaty status.
    (ii) Subsidiary employment. Treaty employees may perform work for 
the parent treaty organization or enterprise, or any subsidiary of the 
parent organization or enterprise. Performing work for subsidiaries of a 
common parent enterprise or organization will not be deemed to 
constitute a substantive change in the terms and conditions of the 
underlying E treaty employment if, at the time the E treaty status was 
determined, the applicant presented evidence establishing:
    (A) The enterprise or organization, and any subsidiaries thereof, 
where the work will be performed; the requisite parent-subsidiary 
relationship; and that the subsidiary independently qualifies as a 
treaty organization or enterprise under this paragraph;
    (B) In the case of an employee of a treaty trader or treaty 
investor, the work to be performed requires executive, supervisory, or 
essential skills; and
    (C) The work is consistent with the terms and conditions of the 
activity forming the basis of the classification.
    (iii) Substantive changes. Prior Service approval must be obtained 
where there will be a substantive change in the terms or conditions of E 
status. In such cases, a treaty alien must file a new application on 
Form I-129 and E supplement, in accordance with the instructions on that 
form, requesting extension of stay in the United States. In support of 
an alien's Form I-129 application, the treaty alien must submit evidence 
of continued eligibility for E classification in the new capacity. 
Alternatively, the alien must obtain from a consular officer a visa 
reflecting the new terms and conditions and subsequently apply for 
admission at a port-of-entry. The Service will deem there to have been a 
substantive change necessitating the filing of a new Form I-129 
application in cases where there has been a fundamental change in the 
employing entity's basic characteristics, such as a merger, acquisition, 
or sale of the division where the alien is employed.
    (iv) Non-substantive changes. Prior approval is not required, and 
there is no need to file a new Form I-129, if there is no substantive, 
or fundamental, change in the terms or conditions of the alien's 
employment which would affect the alien's eligibility for E 
classification. Further, prior approval is not required if corporate 
changes occur which do not affect the previously approved employment 
relationship, or are otherwise non-substantive. To facilitate admission, 
the alien may:
    (A) Present a letter from the treaty-qualifying company through 
which the alien attained E classification explaining the nature of the 
change;
    (B) Request a new Form I-797, Approval Notice, reflecting the non-
substantive change by filing with the appropriate Service Center Form I-
129, with fee, and a complete description of the change, or;
    (C) Apply directly to State for a new E visa reflecting the change. 
An alien who does not elect one of the three options contained in 
paragraph (e)(8)(iv) (A) through (C) of this section, is not precluded 
from demonstrating to the satisfaction of the immigration officer at the 
port-of-entry in some other manner, his or her admissibility under 
section 101(a)(15)(E) of the Act.
    (v) Advice. To ascertain whether a change is substantive, an alien 
may file with the Service Center Form I-129, with fee, and a complete 
description of the change, to request appropriate advice. In cases 
involving multiple employees, an alien may request that a Service Center 
determine if a merger or other corporate restructuring requires the 
filing of separate applications by filing a single Form I-129, with fee, 
and attaching a list of the related receipt numbers for the employees 
involved and an explanation of the change or changes. Where employees

[[Page 251]]

are located within multiple jurisdictions, such a request for advice 
must be filed with the Service Center in Lincoln, Nebraska.
    (vi) Approval. If an application to change the terms and conditions 
of E status or employment is approved, the Service shall notify the 
applicant on Form I-797. An extension of stay in nonimmigrant E 
classification may be granted for the validity of the approved 
application. The alien is not authorized to begin the new employment 
until the application is approved. Employment is authorized only for the 
period of time the alien remains in the United States. If the alien 
subsequently departs from the United States, readmission in E 
classification may be authorized where the alien presents his or her 
unexpired E visa together with the Form I-797, Approval Notice, 
indicating Service approval of a change of employer or of a change in 
the substantive terms or conditions of treaty status or employment in E 
classification, or, in accordance with 22 CFR 41.112(d), where the alien 
is applying for readmission after an absence not exceeding 30 days 
solely in contiguous territory.
    (vii) An unauthorized change of employment to a new employer will 
constitute a failure to maintain status within the meaning of section 
237(a)(1)(C)(i) of the Act. In all cases where the treaty employee will 
be providing services to a subsidiary under this paragraph, the 
subsidiary is required to comply with the terms of 8 CFR part 274a.
    (9) Trade--definitions. For purposes of this paragraph: Items of 
trade include but are not limited to goods, services, international 
banking, insurance, monies, transportation, communications, data 
processing, advertising, accounting, design and engineering, management 
consulting, tourism, technology and its transfer, and some news-
gathering activities. For purposes of this paragraph, goods are tangible 
commodities or merchandise having extrinsic value. Further, as used in 
this paragraph, services are legitimate economic activities which 
provide other than tangible goods.
    Trade is the existing international exchange of items of trade for 
consideration between the United States and the treaty country. Existing 
trade includes successfully negotiated contracts binding upon the 
parties which call for the immediate exchange of items of trade. 
Domestic trade or the development of domestic markets without 
international exchange does not constitute trade for purposes of section 
101(a)(15)(E) of the Act. This exchange must be traceable and 
identifiable. Title to the trade item must pass from one treaty party to 
the other.
    (10) Substantial trade. Substantial trade is an amount of trade 
sufficient to ensure a continuous flow of international trade items 
between the United States and the treaty country. This continuous flow 
contemplates numerous transactions over time. Treaty trader status may 
not be established or maintained on the basis of a single transaction, 
regardless of how protracted or monetarily valuable the transaction. 
Although the monetary value of the trade item being exchanged is a 
relevant consideration, greater weight will be given to more numerous 
exchanges of larger value. There is no minimum requirement with respect 
to the monetary value or volume of each individual transaction. In the 
case of smaller businesses, an income derived from the value of numerous 
transactions which is sufficient to support the treaty trader and his or 
her family constitutes a favorable factor in assessing the existence of 
substantial trade.
    (11) Principal trade. Principal trade between the United States and 
the treaty country exists when over 50 percent of the volume of 
international trade of the treaty trader is conducted between the United 
States and the treaty country of the treaty trader's nationality.
    (12) Investment. An investment is the treaty investor's placing of 
capital, including funds and other assets (which have not been obtained, 
directly or indirectly, through criminal activity), at risk in the 
commercial sense with the objective of generating a profit. The treaty 
investor must be in possession of and have control over the capital 
invested or being invested. The capital must be subject to partial or 
total loss if investment fortunes reverse. Such

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investment capital must be the investor's unsecured personal business 
capital or capital secured by personal assets. Capital in the process of 
being invested or that has been invested must be irrevocably committed 
to the enterprise. The alien has the burden of establishing such 
irrevocable commitment. The alien may use any legal mechanism available, 
such as the placement of invested funds in escrow pending admission in, 
or approval of, E classification, that would not only irrevocably commit 
funds to the enterprise, but might also extend personal liability 
protection to the treaty investor in the event the application for E 
classification is denied.
    (13) Bona fide enterprise. The enterprise must be a real, active, 
and operating commercial or entrepreneurial undertaking which produces 
services or goods for profit. The enterprise must meet applicable legal 
requirements for doing business in the particular jurisdiction in the 
United States.
    (14) Substantial amount of capital. A substantial amount of capital 
constitutes an amount which is:
    (i) Substantial in relationship to the total cost of either 
purchasing an established enterprise or creating the type of enterprise 
under consideration;
    (ii) Sufficient to ensure the treaty investor's financial commitment 
to the successful operation of the enterprise; and
    (iii) Of a magnitude to support the likelihood that the treaty 
investor will successfully develop and direct the enterprise. Generally, 
the lower the cost of the enterprise, the higher, proportionately, the 
investment must be to be considered a substantial amount of capital.
    (15) Marginal enterprise. For purposes of this section, an 
enterprise may not be marginal. A marginal enterprise is an enterprise 
that does not have the present or future capacity to generate more than 
enough income to provide a minimal living for the treaty investor and 
his or her family. An enterprise that does not have the capacity to 
generate such income, but that has a present or future capacity to make 
a significant economic contribution is not a marginal enterprise. The 
projected future income-generating capacity should generally be 
realizable within 5 years from the date the alien commences the normal 
business activity of the enterprise.
    (16) Solely to develop and direct. An alien seeking classification 
as a treaty investor (or, in the case of an employee of a treaty 
investor, the owner of the treaty enterprise) must demonstrate that he 
or she does or will develop and direct the investment enterprise. Such 
an applicant must establish that he or she controls the enterprise by 
demonstrating ownership of at least 50 percent of the enterprise, by 
possessing operational control through a managerial position or other 
corporate device, or by other means.
    (17) Executive and supervisory character. The applicant's position 
must be principally and primarily, as opposed to incidentally or 
collaterally, executive or supervisory in nature. Executive and 
supervisory duties are those which provide the employee ultimate control 
and responsibility for the enterprise's overall operation or a major 
component thereof. In determining whether the applicant has established 
possession of the requisite control and responsibility, a Service 
officer shall consider, where applicable:
    (i) That an executive position is one which provides the employee 
with great authority to determine the policy of, and the direction for, 
the enterprise;
    (ii) That a position primarily of supervisory character provides the 
employee supervisory responsibility for a significant proportion of an 
enterprise's operations and does not generally involve the direct 
supervision of low-level employees, and;
    (iii) Whether the applicant possesses executive and supervisory 
skills and experience; a salary and position title commensurate with 
executive or supervisory employment; recognition or indicia of the 
position as one of authority and responsibility in the overall 
organizational structure; responsibility for making discretionary 
decisions, setting policies, directing and managing business operations, 
supervising

[[Page 253]]

other professional and supervisory personnel; and that, if the position 
requires some routine work usually performed by a staff employee, such 
functions may only be of an incidental nature.
    (18) Special qualifications. Special qualifications are those skills 
and/or aptitudes that an employee in a lesser capacity brings to a 
position or role that are essential to the successful or efficient 
operation of the treaty enterprise. In determining whether the skills 
possessed by the alien are essential to the operation of the employing 
treaty enterprise, a Service officer must consider, where applicable:
    (i) The degree of proven expertise of the alien in the area of 
operations involved; whether others possess the applicant's specific 
skill or aptitude; the length of the applicant's experience and/or 
training with the treaty enterprise; the period of training or other 
experience necessary to perform effectively the projected duties; the 
relationship of the skill or knowledge to the enterprise's specific 
processes or applications, and the salary the special qualifications can 
command; that knowledge of a foreign language and culture does not, by 
itself, meet the special qualifications requirement, and;
    (ii) Whether the skills and qualifications are readily available in 
the United States. In all cases, in determining whether the applicant 
possesses special qualifications which are essential to the treaty 
enterprise, a Service officer must take into account all the particular 
facts presented. A skill that is essential at one point in time may 
become commonplace at a later date. Skills that are needed to start up 
an enterprise may no longer be essential after initial operations are 
complete and running smoothly. Some skills are essential only in the 
short-term for the training of locally hired employees. Under certain 
circumstances, an applicant may be able to establish his or her 
essentiality to the treaty enterprise for a longer period of time, such 
as, in connection with activities in the areas of product improvement, 
quality control, or the provision of a service not yet generally 
available in the United States. Where the treaty enterprise's need for 
the applicant's special qualifications, and therefore, the applicant's 
essentiality, is time-limited, Service officers may request that the 
applicant provide evidence of the period for which skills will be needed 
and a reasonable projected date for completion of start-up or 
replacement of the essential skilled workers.
    (19) Period of admission. Periods of admission are as follows:
    (i) A treaty trader or treaty investor may be admitted for an 
initial period of not more than 2 years.
    (ii) The spouse and minor children accompanying or following to join 
a treaty trader or treaty investor shall be admitted for the period 
during which the principal alien is in valid treaty trader or investor 
status. The temporary departure from the United States of the principal 
trader or investor shall not affect the derivative status of the 
dependent spouse and minor unmarried children, provided the familial 
relationship continues to exist and the principal remains eligible for 
admission as an E nonimmigrant to perform the activity.
    (iii) Unless otherwise provided for in this chapter, an alien shall 
not be admitted in E classification for a period of time extending more 
than 6 months beyond the expiration date of the alien's passport.
    (20) Extensions of stay. Requests for extensions of stay may be 
granted in increments of not more than 2 years. A treaty trader or 
treaty investor in valid E status may apply for an extension of stay by 
filing an application for extension of stay on Form I-129 and E 
Supplement, with required accompanying documents, in accordance with 
Sec.  214.1 and the instructions on that form.
    (i) For purposes of eligibility for an extension of stay, the alien 
must prove that he or she:
    (A) Has at all times maintained the terms and conditions of his or 
her E nonimmigrant classification;
    (B) Was physically present in the United States at the time of 
filing the application for extension of stay; and
    (C) Has not abandoned his or her extension request.

[[Page 254]]

    (ii) With limited exceptions, it is presumed that employees of 
treaty enterprises with special qualifications who are responsible for 
start-up operations should be able to complete their objectives within 2 
years. Absent special circumstances, therefore, such employees will not 
be eligible to obtain an extension of stay.
    (iii) Subject to paragraph (e)(5) of this section and the 
presumption noted in paragraph (e)(22)(ii) of this section, there is no 
specified number of extensions of stay that a treaty trader or treaty 
investor may be granted.
    (21) Change of nonimigrant status. (i) An alien in another valid 
nonimmigrant status may apply for change of status to E classification 
by filing an application for change of status on Form I-129 and E 
Supplement, with required accompanying documents establishing 
eligibility for a change of status and E classification, in accordance 
with 8 CFR part 248 and the instructions on Form I-129 and E Supplement.
    (ii) The spouse or minor children of an applicant seeking a change 
of status to that of treaty trader or treaty investor alien shall file 
concurrent applications for change of status to derivative treaty 
classification on the appropriate Service form. Applications for 
derivative treaty status shall:
    (A) Be approved only if the principal treaty alien is granted treaty 
alien status and continues to maintain that status;
    (B) Be approved for the period of admission authorized in paragraph 
(e)(20) of this section.
    (22) Denial of treaty trader or treaty investor status to citizens 
of Canada or Mexico in the case of certain labor disputes. (i) A citizen 
of Canada or Mexico may be denied E treaty trader or treaty investor 
status as described in section 101(a)(15)(E) of the Act and section B of 
Annex 1603 of the NAFTA if:
    (A) The Secretary of Labor certifies to or otherwise informs the 
Commissioner that a strike or other labor dispute involving a work 
stoppage of workers in the alien's occupational classification is in 
progress at the place where the alien is or intends to be employed; and
    (B) Temporary entry of that alien may affect adversely either:
    (1) The settlement of any labor dispute that is in progress at the 
place or intended place of employment, or
    (2) The employment of any person who is involved in such dispute.
    (ii) If the alien has already commenced employment in the United 
States and is participating in a strike or other labor dispute involving 
a work stoppage of workers, whether or not such strike or other labor 
dispute has been certified by the Secretary of Labor, or whether the 
Service has been otherwise informed that such a strike or labor dispute 
is in progress, the alien shall not be deemed to be failing to maintain 
his or her status solely on account of past, present, or future 
participation in a strike or other labor dispute involving a work 
stoppage of workers, but is subject to the following terms and 
conditions:
    (A) The alien shall remain subject to all applicable provisions of 
the Immigration and Nationality Act, and regulations promulgated in the 
same manner as all other E nonimmigrants; and
    (B) The status and authorized period of stay of such an alien is not 
modified or extended in any way by virtue of his or her participation in 
a strike or other labor dispute involving a work stoppage of workers.
    (iii) Although participation by an E nonimmigrant alien in a strike 
or other labor dispute involving a work stoppage of workers will not 
constitute a ground for deportation, any alien who violates his or her 
status or who remains in the United States after his or her authorized 
period of stay has expired will be subject to deportation.
    (iv) If there is a strike or other labor dispute involving a work 
stoppage of workers in progress, but such strike or other labor dispute 
is not certified under paragraph (e)(22)(i) of this section, or the 
Service has not otherwise been informed by the Secretary that such a 
strike or labor dispute is in progress, the Commissioner shall not deny 
entry to an applicant for E status.
    (f) Students in colleges, universities, seminaries, conservatories, 
academic high schools, elementary schools, other academic institutions, 
and in language training programs--(1) Admission of student--

[[Page 255]]

(i) Eligibility for admission. A nonimmigrant student may be admitted 
into the United States in nonimmigrant status under section 
101(a)(15)(F) of the Act, if:
    (A) The student presents a SEVIS Form I-20 issued in his or her own 
name by a school approved by the Service for attendance by F-1 foreign 
students. (In the alternative, for a student seeking admission prior to 
August 1, 2003, the student may present a currently-valid Form I-20A-B/
I-20ID, if that form was issued by the school prior to January 30, 
2003);
    (B) The student has documentary evidence of financial support in the 
amount indicated on the SEVIS Form I-20 (or the Form I-20A-B/I-20ID);
    (C) For students seeking initial admission only, the student intends 
to attend the school specified in the student's visa (or, where the 
student is exempt from the requirement for a visa, the school indicated 
on the SEVIS Form I-20 (or the Form I-20A-B/I-20ID)); and
    (D) In the case of a student who intends to study at a public 
secondary school, the student has demonstrated that he or she has 
reimbursed the local educational agency that administers the school for 
the full, unsubsidized per capita cost of providing education at the 
school for the period of the student's attendance.
    (ii) Disposition of Form I-20 A-B/I-20 ID. Form I-20 A-B/I-20 ID 
contains two copies, the I-20 School Copy and the I-20 ID (Student) 
Copy. For purposes of clarity, the entire Form I-20 A-B/I-20 ID shall be 
referred to as Form I-20 A-B and the I-20 ID (Student) Copy shall be 
referred to as the I-20 ID. When an F-1 student applies for admission 
with a complete Form I-20 A-B, the inspecting officer shall:
    (A) Transcribe the student's admission number from Form I-94 onto 
his or her Form I-20 A-B (for students seeking initial admission only);
    (B) Endorse all copies of the Form I-20 A-B;
    (C) Return the I-20 ID to the student; and
    (D) Forward the I-20 School Copy to the Service's processing center 
for data entry. (The school copy of Form I-20 A-B will be sent back to 
the school as a notice of the student's admission after data entry.)
    (iii) Use of SEVIS. On January 30, 2003, the use of the Student and 
Exchange Visitor Information System (SEVIS) will become mandatory for 
the issuance of any new Form I-20. A student or dependent who presents a 
non-SEVIS Form I-20 issued on or after January 30, 2003, will not be 
accepted for admission to the United States. Non-SEVIS Forms I-20 issued 
prior to January 30, 2003, will continue to be acceptable until August 
1, 2003. However, schools must issue a SEVIS Form I-20 to any current 
student requiring a reportable action (e.g., extension of status, 
practical training, and requests for employment authorization) or a new 
Form I-20, or for any aliens who must obtain a new nonimmigrant student 
visa. As of August 1, 2003, the records of all current or continuing 
students must be entered in SEVIS.
    (2) I-20 ID. An F-1 student is expected to safekeep the initial I-20 
ID bearing the admission number and any subsequent copies which have 
been issued to him or her. Should the student lose his or her current I-
20 ID, a replacement copy bearing the same information as the lost copy, 
including any endorsement for employment and notations, may be issued by 
the designated school official (DSO) as defined in 8 CFR 214.3(l)(1)(i).
    (3) Admission of the spouse and minor children of an F-1 student. 
The spouse and minor children accompanying an F-1 student are eligible 
for admission in F-2 status if the student is admitted in F-1 status. 
The spouse and minor children following-to-join an F-1 student are 
eligible for admission to the United States in F-2 status if they are 
able to demonstrate that the F-1 student has been admitted and is, or 
will be within 30 days, enrolled in a full course of study, or engaged 
in approved practical training following completion of studies. In 
either case, at the time they seek admission, the eligible spouse and 
minor children of an F-1 student with a SEVIS Form I-20 must 
individually present an original SEVIS Form I-20 issued in the name of 
each F-2 dependent issued by a school authorized by the Service for 
attendance

[[Page 256]]

by F-1 foreign students. Prior to August 1, 2003, if exigent 
circumstances are demonstrated, the Service will allow the dependent of 
an F-1 student in possession of a SEVIS Form I-20 to enter the United 
States using a copy of the F-1 student's SEVIS Form I-20. (In the 
alternative, for dependents seeking admission to the United States prior 
to August 1, 2003, a copy of the F-1 student's current Form I-20ID 
issued prior to January 30, 2003, with proper endorsement by the DSO 
will satisfy this requirement.) A new SEVIS Form I-20 (or Form I-20A-B) 
is required for a dependent where there has been any substantive change 
in the F-1 student's current information.
    (4) Temporary absence. An F-1 student returning to the United States 
from a temporary absence of five months or less may be readmitted for 
attendance at a Service-approved educational institution, if the student 
presents:
    (i) A current SEVIS Form I-20 (or, for readmission prior to August 
1, 2003, a current Form I-20ID which was issued prior to January 30, 
2003), properly endorsed by the DSO for reentry if there has been no 
substantive change to the most recent Form I-20 information; or
    (ii) A new SEVIS Form I-20 (or, for readmission prior to August 1, 
2003, a new Form I-20ID which was issued prior to January 30, 2003), if 
there has been a substantive change in the information on the student's 
most recent Form I-20 information, such as in the case of a student who 
has changed the major area of study, who intends to transfer to another 
Service approved institution or who has advanced to a higher level of 
study.
    (5) Duration of status--(i) General. Except for border commuter 
students covered by the provisions of paragraph (f)(18) of this section, 
an F-1 student is admitted for duration of status. Duration of status is 
defined as the time during which an F-1 student is pursuing a full 
course of study at an educational institution approved by the Service 
for attendance by foreign students, or engaging in authorized practical 
training following completion of studies, except that an F-1 student who 
is admitted to attend a public high school is restricted to an aggregate 
of 12 months of study at any public high school(s). An F-1 student may 
be admitted for a period up to 30 days before the indicated report date 
or program start date listed on Form I-20. The student is considered to 
be maintaining status if he or she is making normal progress toward 
completing a course of study.
    (ii) Change in educational levels. An F-1 student who continues from 
one educational level to another is considered to be maintaining status, 
provided that the transition to the new educational level is 
accomplished according to transfer procedures outlined in paragraph 
(f)(8) of this section.
    (iii) Annual vacation. An F-1 student at an academic institution is 
considered to be in status during the annual (or summer) vacation if the 
student is eligible and intends to register for the next term. A student 
attending a school on a quarter or trimester calendar who takes only one 
vacation a year during any one of the quarters or trimesters instead of 
during the summer is considered to be in status during that vacation, if 
the student has completed the equivalent of an academic year prior to 
taking the vacation.
    (iv) Preparation for departure. An F-1 student who has completed a 
course of study and any authorized practical training following 
completion of studies will be allowed an additional 60-day period to 
prepare for departure from the United States or to transfer in 
accordance with paragraph (f)(8) of this section. An F-1 student 
authorized by the DSO to withdraw from classes will be allowed a 15-day 
period for departure from the United States. However, an F-1 student who 
fails to maintain a full course of study without the approval of the DSO 
or otherwise fails to maintain status is not eligible for an additional 
period for departure.
    (v) Emergent circumstances as determined by the Commissioner. Where 
the Commissioner has suspended the applicability of any or all of the 
requirements for on-campus or off-campus employment authorization for 
specified students pursuant to paragraphs (f)(9)(i) or (f)(9)(ii) of 
this section by notice in the Federal Register, an affected student who 
needs to reduce his or her full course of study as a result of accepting 
employment authorized by

[[Page 257]]

such notice in the Federal Register will be considered to be in status 
during the authorized employment, subject to any other conditions 
specified in the notice, provided that, for the duration of the 
authorized employment, the student is registered for the number of 
semester or quarter hours of instruction per academic term specified in 
the notice, which in no event shall be less than 6 semester or quarter 
hours of instruction per academic term if the student is at the 
undergraduate level or less than 3 semester or quarter hours of 
instruction per academic term if the student is at the graduate level, 
and is continuing to make progress toward completing the course of 
study.
    (vi) Extension of duration of status. The Commissioner may, by 
notice in the Federal Register, at any time she determines that the H-1B 
numerical limitation as described in section 214(g)(1)(A) of the Act 
will likely be reached prior to the end of a current fiscal year, extend 
for such a period of time as the Commissioner deems necessary to 
complete the adjudication of the H-1B application, the duration of 
status of any F-1 student on behalf of whom an employer has timely filed 
an application for change of status to H-1B. The alien, according to 8 
CFR part 248, must not have violated the terms of his or her 
nonimmigrant stay in order to obtain this extension of stay. An F-1 
student whose duration of status has been so extended shall be 
considered to be maintaining lawful nonimmigrant status for all purposes 
under the Act, provided that the alien does not violate the terms and 
conditions of his or her F nonimmigrant stay. An extension made under 
this paragraph applies to the F-2 dependent aliens.
    (6) Full course of study--(i) General. Successful completion of the 
full course of study must lead to the attainment of a specific 
educational or professional objective. A course of study at an 
institution not approved for attendance by foreign students as provided 
in Sec.  214.3(a)(3) does not satisfy this requirement. A ``full course 
of study'' as required by section 101(a)(15)(F)(i) of the Act means:
    (A) Postgraduate study or postdoctoral study at a college or 
university, or undergraduate or postgraduate study at a conservatory or 
religious seminary, certified by a DSO as a full course of study;
    (B) Undergraduate study at a college or university, certified by a 
school official to consist of at least twelve semester or quarter hours 
of instruction per academic term in those institutions using standard 
semester, trimester, or quarter hour systems, where all undergraduate 
students who are enrolled for a minimum of twelve semester or quarter 
hours are charged full-time tuition or are considered full-time for 
other administrative purposes, or its equivalent (as determined by the 
district director in the school approval process), except when the 
student needs a lesser course load to complete the course of study 
during the current term;
    (C) Study in a postsecondary language, liberal arts, fine arts, or 
other non-vocational program at a school which confers upon its 
graduates recognized associate or other degrees or has established that 
its credits have been and are accepted unconditionally by at least three 
institutions of higher learning which are either: (1) A school (or 
school system) owned and operated as a public educational institution by 
the United States or a State or political subdivision thereof; or (2) a 
school accredited by a nationally recognized accrediting body; and which 
has been certified by a designated school official to consist of at 
least twelve clock hours of instruction a week, or its equivalent as 
determined by the district director in the school approval process;
    (D) Study in any other language, liberal arts, fine arts, or other 
nonvocational training program, certified by a designated school 
official to consist of at least eighteen clock hours of attendance a 
week if the dominant part of the course of study consists of classroom 
instruction, or to consist of at least twenty-two clock hours a week if 
the dominant part of the course of study consists of laboratory work; or
    (E) Study in a curriculum at an approved private elementary or 
middle school or public or private academic high school which is 
certified by a designated school official to consist of class attendance 
for not less than the

[[Page 258]]

minimum number of hours a week prescribed by the school for normal 
progress toward graduation.
    (F) Notwithstanding paragraphs (f)(6)(i)(A) and (f)(6)(i)(B) of this 
section, an alien who has been granted employment authorization pursuant 
to the terms of a document issued by the Commissioner under paragraphs 
(f)(9)(i) or (f)(9)(ii) of this section and published in the Federal 
Register shall be deemed to be engaged in a ``full course of study'' if 
he or she remains registered for no less than the number of semester or 
quarter hours of instruction per academic term specified by the 
Commissioner in the notice for the validity period of such employment 
authorization.
    (G) For F-1 students enrolled in classes for credit or classroom 
hours, no more than the equivalent of one class or three credits per 
session, term, semester, trimester, or quarter may be counted toward the 
full course of study requirement if the class is taken on-line or 
through distance education and does not require the student's physical 
attendance for classes, examination or other purposes integral to 
completion of the class. An on-line or distance education course is a 
course that is offered principally through the use of television, audio, 
or computer transmission including open broadcast, closed circuit, 
cable, microwave, or satellite, audio conferencing, or computer 
conferencing. If the F-1 student's course of study is in a language 
study program, no on-line or distance education classes may be 
considered to count toward a student's full course of study requirement.
    (H) On-campus employment pursuant to the terms of a scholarship, 
fellowship, or assistantship is deemed to be part of the academic 
program of a student otherwise taking a full course of study.
    (ii) Institution of higher learning. For purposes of this paragraph, 
a college or university is an institution of higher learning which 
awards recognized associate, bachelor's, master's, doctorate, or 
professional degrees. Schools which devote themselves exclusively or 
primarily to vocational, business, or language instruction are not 
included in the category of colleges or universities. Vocational or 
business schools which are classifiable as M-1 schools are provided for 
by regulations under 8 CFR 214.2(m).
    (iii) Reduced course load. The designated school official may allow 
an F-1 student to engage in less than a full course of study as provided 
in this paragraph (f)(6)(iii). Except as otherwise noted, a reduced 
course load must consist of at least six semester or quarter hours, or 
half the clock hours required for a full course of study. A student who 
drops below a full course of study without the prior approval of the DSO 
will be considered out of 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 student otherwise taking a full course 
of study.
    (A) Academic difficulties. The DSO may authorize a reduced course 
load on account of a student's initial difficulty with the English 
language or reading requirements, unfamiliarity with U.S. teaching 
methods, or improper course level placement. The student must resume a 
full course of study at the next available term, session, or semester, 
excluding a summer session, in order to maintain student status. A 
student previously authorized to drop below a full course of study due 
to academic difficulties is not eligible for a second authorization by 
the DSO due to academic difficulties while pursuing a course of study at 
that program level. A student authorized to drop below a full course of 
study for academic difficulties while pursuing a course of study at a 
particular program level may still be authorized for a reduced course 
load due to an illness medical condition as provided for in paragraph 
(B) of this section.
    (B) Medical conditions. The DSO may authorize a reduced course load 
(or, if necessary, no course load) due to a student's temporary illness 
or medical condition for a period of time not to exceed an aggregate of 
12 months while the student is pursuing a course of study at a 
particular program level. In order to authorize a reduced course load 
based upon a medical condition, the student must provide medical 
documentation from a licensed medical doctor, doctor of osteopathy, or 
licensed

[[Page 259]]

clinical psychologist, to the DSO to substantiate the illness or medical 
condition. The student must provide current medical documentation and 
the DSO must reauthorize the drop below full course of study each new 
term, session, or semester. A student previously authorized to drop 
below a full course of study due to illness or medical condition for an 
aggregate of 12 months may not be authorized by a DSO to reduce his or 
her course load on subsequent occasions while pursuing a course of study 
at the same program level. A student may be authorized to reduce course 
load for a reason of illness or medical condition on more than one 
occasion while pursuing a course of study, so long as the aggregate 
period of that authorization does not exceed 12 months.
    (C) Completion of course of study. The DSO may authorize a reduced 
course load in the student's final term, semester, or session if fewer 
courses are needed to complete the course of study. If the student is 
not required to take any additional courses to satisfy the requirements 
for completion, but continues to be enrolled for administrative 
purposes, the student is considered to have completed the course of 
study and must take action to maintain status. Such action may include 
application for change of status or departure from the U.S.
    (D) Reporting requirements for non-SEVIS schools. A DSO must report 
to the Service any student who is authorized to reduce his or her course 
load. Within 21 days of the authorization, the DSO must send a photocopy 
of the student's current Form I-20ID along with Form I-538 to Service's 
data processing center indicating the date and reason that the student 
was authorized to drop below full time status. Similarly, the DSO will 
report to the Service no more than 21 days after the student has resumed 
a full course of study by submitting a current copy of the students' 
Form I-20ID to the Service's data processing center indicating the date 
a full course of study was resumed and the new program end date with 
Form I-538, if applicable.
    (E) SEVIS reporting requirements. In order for a student to be 
authorized to drop below a full course of study, the DSO must update 
SEVIS prior to the student reducing his or her course load. The DSO must 
update SEVIS with the date, reason for authorization, and the start date 
of the next term or session. The DSO must also notify SEVIS within 21 
days of the student's commencement of a full course of study. If an 
extension of the program end date is required due to the drop below a 
full course of study, the DSO must update SEVIS by completing a new 
SEVIS Form I-20 with the new program end date in accordance with 
paragraph (f)(7) of this section.
    (iv) Concurrent enrollment. An F-1 student may be enrolled in two 
different Service-approved schools at one time as long as the combined 
enrollment amounts to a full time course of study. In cases where a 
student is concurrently enrolled, the school from which the student will 
earn his or her degree or certification should issue the Form I-20, and 
conduct subsequent certifications and updates to the Form I-20. The DSO 
from this school is also responsible for all of the reporting 
requirements to the Service. In instances where a student is enrolled in 
programs with different full course of study requirements (e.g., clock 
hours vs. credit hours), the DSO is permitted to determine what 
constitutes a full time course of study.
    (7) Extension of stay--(i) General. An F-1 student who is admitted 
for duration of status is not required to apply for extension of stay as 
long as the student is maintaining status and making normal progress 
toward completion of his or her educational objective. An F-1 student 
who is currently maintaining status and making normal progress toward 
completing his or her educational objective, but who is unable to 
complete his or her course of study by the program end date on the Form 
I-20, must apply prior to the program end date for a program extension 
pursuant to paragraph (f)(7)(iii) of this section.
    (ii) Report date and program completion date on Form I-20. When 
determining the report date on the Form I-20, the DSO may choose a 
reasonable date to accommodate a student's need to be in attendance for 
required activities at the school prior to the actual start of classes. 
Such required activities may

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include, but are not limited to, research projects and orientation 
sessions. However, for purposes of employment, the DSO may not indicate 
a report date more than 30 days prior to the start of classes. When 
determining the program completion date on Form I-20, the DSO should 
make a reasonable estimate based upon the time an average student would 
need to complete a similar program in the same discipline.
    (iii) Program extension for students in lawful status. An F-1 
student who is unable to meet the program completion date on the Form I-
20 may be granted an extension by the DSO if the DSO certifies that the 
student has continually maintained status and that the delays are caused 
by compelling academic or medical reasons, such as changes of major or 
research topics, unexpected research problems, or documented illnesses. 
Delays caused by academic probation or suspension are not acceptable 
reasons for program extensions. A DSO may not grant an extension if the 
student did not apply for an extension until after the program end date 
noted on the Form I-20. An F-1 student who is unable to complete the 
educational program within the time listed on Form I-20 and who is 
ineligible for program extension pursuant to this paragraph (f)(7) is 
considered out of status. If eligible, the student may apply for 
reinstatement under the provisions of paragraph (f)(16) of this section.
    (iv) Notification. Upon granting a program extension, a DSO at a 
non-SEVIS school must immediately submit notification to the Service's 
data processing center using Form I-538 and the top page of Form I-20A-B 
showing the new program completion date. For a school enrolled in SEVIS, 
a DSO may grant a program extension only by updating SEVIS and issuing a 
new Form I-20 reflecting the current program end date. A DSO may grant 
an extension any time prior to the program end date listed on the 
student's original Form I-20.
    (8) School transfer.(i) A student who is maintaining status may 
transfer to another Service approved school by following the 
notification procedure prescribed in paragraph (f)(8)(ii) of this 
section. However, an F-1 student is not permitted to remain in the 
United States when transferring between schools or programs unless the 
student will begin classes at the transfer school or program within 5 
months of transferring out of the current school or within 5 months of 
the program completion date on his or her current Form I-20, whichever 
is earlier. In the case of an F-1 student authorized to engage in post-
completion optional practical training (OPT), the student must be able 
resume classes within 5 months of transferring out of the school that 
recommended OPT or the date the OPT authorization ends, whichever is 
earlier. An F-1 student who was not pursuing a full course of study at 
the school he or she was last authorized to attend is ineligible for 
school transfer and must apply for reinstatement under the provisions of 
paragraph (f)(16) of this section, or, in the alternative, may depart 
the country and return as an initial entry in a new F-1 nonimmigrant 
status.
    (ii) Transfer procedure. To transfer schools, an F-1 student must 
first notify the school he or she is attending of the intent to 
transfer, then obtain a Form I-20 A-B, issued in accordance with the 
provisions of 8 CFR 214.3(k), from the school to which he or she intends 
to transfer. The transfer will be effected only if the F-1 student 
completes the Student Certification portion of the Form I-20 A-B and 
returns the form to a designated school official on campus within 15 
days of beginning attendance at the new school.
    (A) Non-SEVIS School to Non-SEVIS school. To transfer from one non-
SEVIS school to a different non-SEVIS school, the student must first 
notify the school he or she is attending of the intent to transfer, then 
obtain a Form I-20 issued in accordance with the provisions of 8 CFR 
214.3(k) from the school to which he or she intends to transfer. Prior 
to issuance of any Form I-20, the DSO at the transfer school is 
responsible for determining that the student has been maintaining status 
at his or her current school and is eligible for transfer to the new 
school. The transfer will be effected only if the student completes the 
Student Certification portion of the Form I-20 and returns the form to a 
DSO of the transfer

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school within 15 days of the program start date listed on Form I-20. 
Upon receipt of the student's Form I-20 the DSO must note ``transfer 
completed on (date)'' in the space provided for the DSO's remarks, 
thereby acknowledging the student's attendance at the transfer school; 
return the Form I-20 to the student; submit the School copy of the Form 
I-20 to Service's Data Processing Center within 30 days of receipt from 
the student; and forward a photocopy of the school copy to the school 
from which the student transferred.
    (B) Non-SEVIS school to SEVIS school. To transfer from a non-SEVIS 
school to a SEVIS school, the student must first notify the school he or 
she is attending of the intent to transfer, then obtain a SEVIS Form I-
20 issued in accordance with the provisions of 8 CFR 214.3(k) from the 
school to which he or she intends to transfer. Prior to issuance of any 
Form I-20, the DSO at the transfer school is responsible for determining 
that the student has been maintaining status at his or her current 
school and is eligible for transfer to the new school. Once the transfer 
school has issued the SEVIS Form I-20 to the student indicating a 
transfer, the transfer school becomes responsible for updating and 
maintaining the student's record in SEVIS. The student is then required 
to notify the DSO at the transfer school within 15 days of the program 
start date listed on SEVIS Form I-20. Upon notification that the student 
is enrolled in classes, the DSO of the transfer school must update SEVIS 
to reflect the student's registration and current address, thereby 
acknowledging that the student has completed the transfer process. In 
the remarks section of the student's SEVIS Form I-20, the DSO must note 
that the transfer has been completed, including the date, and return the 
form to the student. The transfer is effected when the transfer school 
updates SEVIS indicating that the student has registered in classes 
within the 30 days required by Sec.  214.3(g)(3)(iii).
    (C) SEVIS school to SEVIS school. To transfer from a SEVIS school to 
a SEVIS school the student must first notify his or her current school 
of the intent to transfer and must indicate the school to which he or 
she intends to transfer. Upon notification by the student, the current 
school will update the student's record in SEVIS as a ``transfer out'' 
and indicate the school to which the student intends to transfer, and a 
release date. The release date will be the current semester or session 
completion date, or the date of expected transfer if earlier than the 
established academic cycle. The current school will retain control over 
the student's record in SEVIS until the student completes the current 
term or reaches the release date. At the request of the student, the DSO 
of the current school may cancel the transfer request at any time prior 
to the release date. As of the release date specified by the current 
DSO, the transfer school will be granted full access to the student's 
SEVIS record and then becomes responsible for that student. The current 
school conveys authority and responsibility over that student to the 
transfer school, and will no longer have full SEVIS access to that 
student's record. As such, a transfer request may not be cancelled by 
the current DSO after the release date has been reached. After the 
release date, the transfer DSO must complete the transfer of the 
student's record in SEVIS and may issue a SEVIS Form I-20. The student 
is then required to contact the DSO at the transfer school within 15 
days of the program start date listed on the SEVIS Form I-20. Upon 
notification that the student is enrolled in classes, the DSO of the 
transfer school must update SEVIS to reflect the student's registration 
and current address, thereby acknowledging that the student has 
completed the transfer process. In the remarks section of the student's 
SEVIS Form I-20, the DSO must note that the transfer has been completed, 
including the date, and return the form to the student. The transfer is 
effected when the transfer school notifies SEVIS that the student has 
enrolled in classes in accordance with the 30 days required by Sec.  
214.3(g)(3)(iii).
    (D) SEVIS school to non-SEVIS school. To transfer from a SEVIS 
school to a non-SEVIS school, the student must first notify his or her 
current school of the intent to transfer and must indicate the school to 
which he or she intends to transfer. Upon notification by

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the student, the current school will update the student's status in 
SEVIS as ``a transfer out'', enter a ``release'' or expected transfer 
date, and update the transfer school as ``non-SEVIS.'' The student must 
then notify the school to which the he or she intends to transfer of his 
or her intent to enroll. After the student has completed his or her 
current term or session, or has reached the expected transfer date, the 
DSO at the current school will no longer have full access to the 
student's SEVIS record. At this point, if the student has notified the 
transfer school of his or her intent to transfer, and the transfer 
school has determined that the student has been maintaining status at 
his or her current school, the transfer school may issue the student a 
Form I-20. The transfer will be effected only if the student completes 
the Student Certification portion of the Form I-20 and returns the form 
to a designated school official of the transfer school within 15 days of 
the program start date listed on Form I-20. Upon receipt of the 
student's Form I-20 the DSO must do as follows: note ``transfer 
completed on (date)'' in the space provided for the DSO's remarks, 
thereby acknowledging the student's attendance; return the Form I-20 to 
the student; submit the school copy of the Form I-20 to the Service's 
data processing center within 30 days of receipt from the student; and 
forward a photocopy of the school copy to the school from which the 
student transferred.
    (iii) Notification. Upon receipt of the student's Form I-20 A-B, the 
DSO must:
    (A) Note ``transfer completed on (date)'' on the student's I-20 ID 
in the space provided for the DSO's remarks, thereby acknowledging the 
student's attendance;
    (B) Return the I-20 ID to the student;
    (C) Submit the I-20 School copy to the Service's Data Processing 
Center within 30 days of receipt from the student; and
    (D) Forward a photocopy of the Form I-20 A-B School Copy to the 
school from which the student transferred.
    (9) Employment--(i) On-campus employment. On-campus employment must 
either be performed on the school's premises, (including on-location 
commercial firms which provide services for students on campus, such as 
the school bookstore or cafeteria), or at an off-campus location which 
is educationally affiliated with the school. Employment with on-site 
commercial firms, such as a construction company building a school 
building, which do not provide direct student services is not deemed on-
campus employment for the purposes of this paragraph. In the case of 
off-campus locations, the educational affiliation must be associated 
with the school's established curriculum or related to contractually 
funded research projects at the post-graduate level. In any event, the 
employment must be an integral part of the student's educational 
program. Employment authorized under this paragraph must not exceed 20 
hours a week while school is in session, unless the Commissioner 
suspends the applicability of this limitation due to emergent 
circumstances, as determined by the Commissioner, by means of notice in 
the Federal Register, the student demonstrates to the DSO that the 
employment is necessary to avoid severe economic hardship resulting from 
the emergent circumstances, and the DSO notates the Form I-20 in 
accordance with the Federal Register document. An F-1 student may, 
however, work on campus full-time when school is not in session or 
during the annual vacation. A student who has been issued a Form I-20 A-
B to begin a new program in accordance with the provision of 8 CFR 
214.3(k) and who intends to enroll for the next regular academic year, 
term, or session at the institution which issued the Form I-20 A-B may 
continue on-campus employment incident to status. Otherwise, an F-1 
student may not engage in on-campus employment after completing a course 
of study, except employment for practical training as authorized under 
paragraph (f)(10) of this section. An F-I student may engage in any on-
campus employment authorized under this paragraph which will not 
displace United States residents. In the case of a transfer in SEVIS, 
the student may only engage in on-campus employment at the school having 
jurisdiction over the student's SEVIS record. Upon initial entry to

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begin a new course of study, an F-1 student may not begin on-campus 
employment more than 30 days prior to the actual start of classes.
    (ii) Off-campus work authorization--(A) General. An F-1 student may 
be authorized to work off-campus on a part-time basis in accordance with 
paragraph (f)(9)(ii) (B) or (C) of this section after having been in F-1 
status for one full academic year provided that the student is in good 
academic standing as determined by the DSO. Part-time off-campus 
employment authorized under this section is limited to no more than 
twenty hours a week when school is in session. A student who is granted 
off-campus employment authorization may work full-time during holidays 
or school vacation. The employment authorization is automatically 
terminated whenever the student fails to maintain status. In emergent 
circumstances as determined by the Commissioner, the Commissioner may 
suspend the applicability of any or all of the requirements of paragraph 
(f)(9)(ii) of this section by notice in the Federal Register.
    (B) [Reserved]
    (C) Severe economic hardship. If other employment opportunities are 
not available or are otherwise insufficient, an eligible F-1 student may 
request off-campus employment work authorization based upon severe 
economic hardship caused by unforeseen circumstances beyond the 
student's control. These circumstances may include loss of financial aid 
or on-campus employment without fault on the part of the student, 
substantial fluctuations in the value of currency or exchange rate, 
inordinate increases in tuition and/or living costs, unexpected changes 
in the financial condition of the student's source of support, medical 
bills, or other substantial and unexpected expenses.
    (D) Procedure for off-campus employment authorization due to severe 
economic hardship. The student must request a recommendation from the 
DSO for off-campus employment. The DSO at a non-SEVIS school must make 
such a certification on Form I-538, Certification by Designated School 
Official. The DSO of a SEVIS school must complete such certification in 
SEVIS. The DSO may recommend the student for work off-campus for one 
year intervals by certifying that:
    (1) The student has been in F-1 status for one full academic year;
    (2) The student is in good standing as a student and is carrying a 
full course of study as defined in paragraph (f)(6) of this section;
    (3) The student has demonstrated that acceptance of employment will 
not interfere with the student's carrying a full course of study; and
    (4) The student has demonstrated that the employment is necessary to 
avoid severe economic hardship due to unforeseen circumstances beyond 
the student's control pursuant to paragraph (f)(9)(ii)(C) of this 
section and has demonstrated that employment under paragraph (f)(9)(i) 
of this section is unavailable or otherwise insufficient to meet the 
needs that have arisen as a result of the unforeseen circumstances.
    (E) [Reserved]
    (F) Severe economic hardship application. (1) The applicant should 
submit the economic hardship application for employment authorization on 
Form I-765, with the fee required by 8 CFR 103.7(b)(1), to the service 
center having jurisdiction over his or her place of residence. 
Applicants at a non-SEVIS school should submit Form I-20, Form I-538, 
and any other supporting materials such as affidavits which further 
detail the unforeseen circumstances that require the student to seek 
employment authorization and the unavailability or insufficiency of 
employment under paragraph (f)(9)(i) of this section. Students enrolled 
in a SEVIS school should submit the SEVIS Form I-20 with the employment 
page demonstrating the DSO's comments and certification.
    (2) The Service shall adjudicate the application for work 
authorization based upon severe economic hardship on the basis of Form 
I-20 ID, Form I-538, and Form I-765, and any additional supporting 
materials. If employment is authorized, the adjudicating officer shall 
issue an EAD. The Service director shall notify the student of the 
decision, and, if the application is denied, of the reason or reasons 
for the denial. No appeal shall lie from a decision to

[[Page 264]]

deny a request for employment authorization under this section. The 
employment authorization may be granted in one year intervals up to the 
expected date of completion of the student's current course of study. A 
student has permission to engage in off-campus employment only if the 
student receives the EAD endorsed to that effect. Off-campus employment 
authorization may be renewed by the Service only if the student is 
maintaining status and good academic standing. The employment 
authorization is automatically terminated whenever the student fails to 
maintain status.
    (iii) Internship with an international organization. A bona fide F-1 
student who has been offered employment by a recognized international 
organization within the meaning of the International Organization 
Immunities Act (59 Stat. 669) must apply for employment authorization to 
the service center having jurisdiction over his or her place of 
residence. A student seeking employment authorization under this 
provision is required to present a written certification from the 
international organization that the proposed employment is within the 
scope of the organization's sponsorship, Form I-20 ID or SEVIS Form I-20 
with employment page completed by DSO certifying eligibility for 
employment, and a completed Form I-765, with required fee as contained 
in Sec.  103.7(b)(1) of this chapter.
    (10) Practical training. Practical training may be authorized to an 
F-1 student who has been lawfully enrolled on a full time basis, in a 
Service-approved college, university, conservatory, or seminary for one 
full academic year. This provision also includes students who, during 
their course of study, were enrolled in a study abroad program, if the 
student had spent at least one full academic term enrolled in a full 
course of study in the United States prior to studying abroad. A student 
may be authorized 12 months of practical training, and becomes eligible 
for another 12 months of practical training when he or she changes to a 
higher educational level. Students in English language training programs 
are ineligible for practical training. An eligible student may request 
employment authorization for practical training in a position that is 
directly related to his or her major area of study. There are two types 
of practical training available:
    (i) Curricular practical training. An F-1 student may be authorized 
by the DSO to participate in a curricular practical training program 
that is an integral part of an established curriculum. Curricular 
practical training is defined to be alternative work/study, internship, 
cooperative education, or any other type of required internship or 
practicum that is offered by sponsoring employers through cooperative 
agreements with the school. Students who have received one year or more 
of full time curricular practical training are ineligible for post-
completion academic training. Exceptions to the one academic year 
requirement are provided for students enrolled in graduate studies that 
require immediate participation in curricular practical training. A 
request for authorization for curricular practical training must be made 
to the DSO. A student may begin curricular practical training only after 
receiving his or her Form I-20 with the DSO endorsement.
    (A) Non-SEVIS process. A student must request authorization for 
curricular practical training using Form I-538. Upon approving the 
request for authorization, the DSO shall: certify Form I-538 and send 
the form to the Service's data processing center; endorse the student's 
Form I-20 ID with ``full-time (or part-time) curricular practical 
training authorized for (employer) at (location) from (date) to 
(date)''; and sign and date the Form I-20ID before returning it to the 
student.
    (B) SEVIS process. To grant authorization for a student to engage in 
curricular practical training, a DSO at a SEVIS school will update the 
student's record in SEVIS as being authorized for curricular practical 
training that is directly related to the student's major area of study. 
The DSO will indicate whether the training is full-time or part-time, 
the employer and location, and the employment start and end date. The 
DSO will then print a copy of the employment page of the SEVIS Form I-20 
indicating that curricular practical training has been approved. The DSO 
must sign, date, and return

[[Page 265]]

the SEVIS Form I-20 to the student prior to the student's commencement 
of employment.
    (ii) Optional practical training--(A) General. A student may apply 
to the Service for authorization for temporary employment for optional 
practical training directly related to the student's major area of 
study. The student may not begin optional practical training until the 
date indicated on his or her employment authorization document, Form I-
766 or Form 688B. A student may submit an application for authorization 
to engage in optional practical training up to 90 days prior to being 
enrolled for one full academic year, provided that the period of 
employment will not begin until after the completion of the full 
academic year as indicated by the DSO. A student may be granted 
authorization to engage in temporary employment for optional practical 
training:
    (1) During the student's annual vacation and at other times when 
school is not in session, if the student is currently enrolled, and is 
eligible for registration and intends to register for the next term or 
session;
    (2) While school is in session, provided that practical training 
does not exceed 20 hours a week while school is in session; or
    (3) After completion of the course of study, or, for a student in a 
bachelor's, master's, or doctoral degree program, after completion of 
all course requirements for the degree (excluding thesis or equivalent). 
Continued enrollment, for the school's administrative purposes, after 
all requirements for the degree have been met does not preclude 
eligibility for optional practical training. However, optional practical 
training must be requested prior to the completion of all course 
requirements for the degree or prior to the completion of the course of 
study. A student must complete all practical training within a 14-month 
period following the completion of study.
    (B) Termination of practical training. Authorization to engage in 
optional practical training employment is automatically terminated when 
the student transfers to another school or begins study at another 
educational level.
    (C) Request for authorization for practical training. A request for 
authorization to accept practical training must be made to the 
designated school official (DSO) of the school the student is authorized 
to attend on Form I-538, accompanied by his or her current Form I-20 ID.
    (D) Action of the DSO-Non SEVIS schools. In making a recommendation 
for practical training, a designated school official must:
    (1) Certify on Form I-538 that the proposed employment is directly 
related to the student's major area of study and commensurate with the 
student's educational level;
    (2) Endorse and date the student's Form I-20 ID to show that 
practical training in the student's major field of study is recommended 
``full-time (or part-time) from (date) to (date)''; and
    (3) Return to the student the Form I-20 ID and send to the Service 
data processing center the school certification on Form I-538.
    (E) SEVIS process. In making a recommendation for optional practical 
training under SEVIS, the DSO will update the student's record in SEVIS 
as having been recommended for optional practical training. A DSO who 
recommends a student for optional practical training is responsible for 
maintaining the record of the student for the duration of the time that 
training is authorized. The DSO will indicate in SEVIS whether the 
employment is to be full-time or part-time, and note in SEVIS the start 
and end date of employment. The DSO will then print the employment page 
of the student's SEVIS Form I-20, and sign and date the form to indicate 
that optional practical training has been recommended. The student must 
file with the service center for an Employment Authorization Document, 
on Form I-765, with fee and the SEVIS Form I-20 employment page 
indicating that optional practical training has been recommended by the 
DSO.
    (11) Employment authorization. The total periods of authorization 
for optional practical training under paragraph (f)(10) of this section 
shall not exceed a maximum of twelve months. Part-time practical 
training, 20 hours per week or less, shall be deducted

[[Page 266]]

from the available practical training at one-half the full-time rate. As 
required by the regulations at 8 CFR part 274a, an F-1 student seeking 
practical training (excluding curricular practical training) under 
paragraph (f)(10) of this section may not accept employment until he or 
she has been issued an Employment Authorization Document (EAD) by the 
Service. An F-1 student must apply to the INS for the EAD by filing the 
Form 1-765. The application for employment authorization must include 
the following documents:
    (i) A completed Form I-765, with the fee required by Sec.  
103.7(b)(1); and
    (ii) A DSO's recommendation for optional practical training on Form 
I-20ID, or, for a SEVIS school, on an updated SEVIS Form I-20.
    (12) Decision on application for employment authorization. The 
Service shall adjudicate the Form I-765 and issue an EAD on the basis of 
the DSO's recommendation unless the student is found otherwise 
ineligible. The Service shall notify the applicant of the decision and, 
if the application is denied, of the reason or reasons for the denial. 
The applicant may not appeal the decision. An F-1 student authorized by 
the Service to engage in practical training is required to report any 
change of name or address, or interruption of such employment to the DSO 
for the duration of the authorized training. A DSO who recommends a 
student for optional practical training is responsible for updating the 
student's record to reflect these reported changes for the duration of 
the time that training is authorized.
    (13) Temporary absence from the United States of F-1 student granted 
employment authorization. (i) A student returning from a temporary trip 
abroad with an unexpired off-campus employment authorization on his or 
her I-20 ID may resume employment only if the student is readmitted to 
attend the same school which granted the employment authorization.
    (ii) An F-1 student who has an unexpired EAD issued for post-
completion practical training and who is otherwise admissible may return 
to the United States to resume employment after a period of temporary 
absence. The EAD must be used in combination with an I-20 ID endorsed 
for reentry by the DSO within the last six months.
    (14) Effect of strike or other labor dispute. Any employment 
authorization, whether or not part of an academic program, is 
automatically suspended upon certification by the Secretary of Labor or 
the Secretary's designee to the Commissioner of the Immigration and 
Naturalization Service or the Commissioner's designee, that a strike or 
other labor dispute involving a work stoppage of workers is in progress 
in the occupation at the place of employment. As used in this paragraph, 
``place of employment'' means the facility or facilities where a labor 
dispute exists. The employer is prohibited from transferring F-1 
students working at other facilities to the facility where the work 
stoppage is occurring.
    (15) Spouse and children of F-1 student. The F-2 spouse and minor 
children of an F-1 student shall each be issued an individual SEVIS Form 
I-20 in accordance with the provisions of Sec.  214.3(k).
    (i) Employment. The F-2 spouse and children of an F-1 student may 
not accept employment.
    (ii) Study. (A) The F-2 spouse of an F-1 student may not engage in 
full time study, and the F-2 child may only engage in full time study if 
the study is in an elementary or secondary school (kindergarten through 
twelfth grade). The F-2 spouse and child may engage in study that is 
avocational or recreational in nature.
    (B) An F-2 spouse or F-2 child desiring to engage in full time 
study, other than that allowed for a child in paragraph (f)(15)(ii)(A) 
of this section, must apply for and obtain a change of nonimmigrant 
classification to F-1, J-1, or M-1 status. An F-2 spouse or child who 
was enrolled on a full time basis prior to January 1, 2003, will be 
allowed to continue study but must file for a change of nonimmigrant 
classification to F-1, J-1, or M-1 status on or before March 11, 2003.
    (C) An F-2 spouse or F-2 child violates his or her nonimmigrant 
status by engaging in full time study except as provided in paragraph 
(f)(15)(ii)(A) or (B) of this section.
    (16) Reinstatement to student status--(i) General. The district 
director may consider reinstating a student who makes

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a request for reinstatement on Form I-539, Application to Extend/Change 
Nonimmigrant Status, accompanied by a properly completed SEVIS Form I-20 
indicating the DSO's recommendation for reinstatement (or a properly 
completed Form I-20A-B issued prior to January 30, 2003, from the school 
the student is attending or intends to attend prior to August 1, 2003). 
The district director may consider granting the request if the student:
    (A) Has not been out of status for more than 5 months at the time of 
filing the request for reinstatement (or demonstrates that the failure 
to file within the 5 month period was the result of exceptional 
circumstances and that the student filed the request for reinstatement 
as promptly as possible under these exceptional circumstances);
    (B) Does not have a record of repeated or willful violations of 
Service regulations;
    (C) Is currently pursuing, or intending to pursue, a full course of 
study in the immediate future at the school which issued the Form I-20;
    (D) Has not engaged in unauthorized employment;
    (E) Is not deportable on any ground other than section 237(a)(1)(B) 
or (C)(i) of the Act; and
    (F) Establishes to the satisfaction of the Service, by a detailed 
showing, either that:
    (1) The violation of status resulted from circumstances beyond the 
student's control. Such circumstances might include serious injury or 
illness, closure of the institution, a natural disaster, or 
inadvertence, oversight, or neglect on the part of the DSO, but do not 
include instances where a pattern of repeated violations or where a 
willful failure on the part of the student resulted in the need for 
reinstatement; or
    (2) The violation relates to a reduction in the student's course 
load that would have been within a DSO's power to authorize, and that 
failure to approve reinstatement would result in extreme hardship to the 
student.
    (ii) Decision. If the Service reinstates the student, the Service 
shall endorse the student's copy of Form I-20 to indicate the student 
has been reinstated and return the form to the student. If the Form I-20 
is from a non-SEVIS school, the school copy will be forwarded to the 
school. If the Form I-20 is from a SEVIS school, the adjudicating 
officer will update SEVIS to reflect the Service's decision. In either 
case, if the Service does not reinstate the student, the student may not 
appeal that decision.
    (17) Current name and address. A student must inform the DSO and the 
Service of any legal changes to his or her name or of any change of 
address, within 10 days of the change, in a manner prescribed by the 
school. A student enrolled at a SEVIS school can satisfy the requirement 
in 8 CFR 265.1 of notifying the Service by providing a notice of a 
change of address within 10 days to the DSO, who in turn shall enter the 
information in SEVIS within 21 days of notification by the student. A 
student enrolled at a non-SEVIS school must submit a notice of change of 
address to the Service, as provided in 8 CFR 265.1, within 10 days of 
the change. Except in the case of a student who cannot receive mail 
where he or she resides, the address provided by the student must be the 
actual physical location where the student resides rather than a mailing 
address. In cases where a student provides a mailing address, the school 
must maintain a record of, and must provide upon request from the 
Service, the actual physical location where the student resides.
    (18) Special rules for certain border commuter students--(i) 
Applicability. For purposes of the special rules in this paragraph 
(f)(18), the term ``border commuter student'' means a national of Canada 
or Mexico who is admitted to the United States as an F-1 nonimmigrant 
student to enroll in a full course of study, albeit on a part-time 
basis, in an approved school located within 75 miles of a United States 
land border. A border commuter student must maintain actual residence 
and place of abode in the student's country of nationality, and seek 
admission to the United States at a land border port-of-entry. These 
special rules do not apply to a national of Canada or Mexico who is:

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    (A) Residing in the United States while attending an approved school 
as an F-1 student, or
    (B) Enrolled in a full course of study as defined in paragraph 
(f)(6) of this section.
    (ii) Full course of study. The border commuter student must be 
enrolled in a full course of study at the school that leads to the 
attainment of a specific educational or professional objective, albeit 
on a part-time basis. A designated school official at the school may 
authorize an eligible border commuter student to enroll in a course load 
below that otherwise required for a full course of study under paragraph 
(f)(6) of this section, provided that the reduced course load is 
consistent with the border commuter student's approved course of study.
    (iii) Period of admission. An F-1 nonimmigrant student who is 
admitted as a border commuter student under this paragraph (f)(18) will 
be admitted until a date certain. The DSO is required to specify a 
completion date on the Form I-20 that reflects the actual semester or 
term dates for the commuter student's current term of study. A new Form 
I-20 will be required for each new semester or term that the border 
commuter student attends at the school. The provisions of paragraphs 
(f)(5) and (f)(7) of this section, relating to duration of status and 
extension of stay, are not applicable to a border commuter student.
    (iv) Employment. A border commuter student may not be authorized to 
accept any employment in connection with his or her F-1 student status, 
except for curricular practical training as provided in paragraph 
(f)(10)(i) of this section or post-completion optional practical 
training as provided in paragraph (f)(10)(ii)(A)(3) of this section.
    (19) Remittance of the fee. An alien who applies for F-1 or F-3 
nonimmigrant status in order to enroll in a program of study at a 
Department of Homeland Security (DHS)-approved educational institution 
is required to pay the Student and Exchange Visitor Information System 
(SEVIS) fee to DHS, pursuant to 8 CFR 214.13, except as otherwise 
provided in that section.
    (g) Representatives to international organizations--(1) General. The 
determination by a consular officer prior to admission and the 
recognition by the Secretary of State subsequent to admission is 
evidence of the proper classification of a nonimmigrant under section 
101(a)(15)(G) of the Act. An alien who has a nonimmigrant status under 
section 101(a)(15)(G) (i), (ii), (iii) or (iv) of the Act is to be 
admitted for the duration of the period for which the alien continues to 
be recognized by the Secretary of State as being entitled to that 
status. An alien defined in section (101)(a)(15)(G)(v) of the Act is to 
be admitted for an initial period of not more than three years, and may 
be granted extensions of temporary stay in increments of not more than 
two years. In addition, the application for extension of temporary stay 
must be accompanied by a statement signed by the employing official 
stating that he or she intends to continue to employ the applicant and 
describing the type of work the applicant will perform.
    (2) Definition of G-1, G-3, or G-4 dependent. For purposes of 
employment in the United States, the term dependent of a G-1, G-3, or G-
4 principal alien, as used in Sec.  214.2(g), means any of the following 
immediate members of the family habitually residing in the same 
household as the principal alien who is an officer or employee assigned 
to a mission, to an international organization, or is employed by an 
international organization in the United States:
    (i) Spouse;
    (ii) Unmarried children under the age of 21;
    (iii) Unmarried sons or daughters under the age of 23 who are in 
full-time attendance as students at post-secondary educational 
institutions;
    (iv) Unmarried sons or daughters under the age of 25 who are in 
full-time attendance as students at post-secondary educational 
institutions if a formal bilateral employment agreement permitting their 
employment in the United States was signed prior to November 21, 1988, 
and such bilateral employment agreement does not specify 23 as the 
maximum age for employment of such sons and daughters. The Office of 
Protocol of the Department of State shall maintain a listing of foreign 
states which the United States

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has such bilateral employment agreements. The provisions of this 
paragraph apply only to G-1 and G-3 dependents under certain bilateral 
agreements and are not applicable to G-4 dependents; and
    (v) Unmarried sons or daughters who are physically or mentally 
disabled to the extent that they cannot adequately care for themselves 
or cannot establish, maintain, or re-establish their own households. The 
Department of State or the Service may require certification(s) as it 
deems sufficient to document such mental or physical disability.
    (3) Applicability of a formal bilateral agreement or an informal de 
facto arrangement for G-1 and G-3 dependents. The applicability of a 
formal bilateral agreement shall be based on the foreign state which 
employs the principal alien and not on the nationality of the principal 
alien or dependent. The applicability of an informal de facto 
arrangement shall be based on the foreign state which employs the 
principal alien, but under a de facto arrangement the principal alien 
also must be a national of the foreign state which employs him or her in 
the United States.
    (4) Income tax, Social Security liability; non-applicability of 
certain immunities. Dependents who are granted employment authorization 
under this section are responsible for payment of all federal, state and 
local income, employment and related taxes and Social Security 
contributions on any remuneration received. In addition, immunity from 
civil or administrative jurisdiction in accordance with Article 37 of 
the Vienna Convention on Diplomatic Relations or other international 
agreements does not apply to these dependents with respect to matters 
arising out of their employment.
    (5) G-1 and G-3 dependent employment pursuant to formal bilateral 
employment agreements and informal de facto reciprocal arrangements, and 
G-4 dependent employment. (i) The Office of Protocol shall maintain a 
listing of foreign states which have entered into formal bilateral 
employment agreements. Dependents of a G-1 or G-3 principal alien 
assigned to official duty in the United States may accept or continue in 
unrestricted employment based on such formal bilateral agreements, if 
the applicable agreement includes persons in G-1 or G-3 visa status, 
upon favorable recommendation by the Department of State and issuance of 
employment authorization documentation by the Service in accordance with 
8 CFR part 274a. The application procedures are set forth in paragrpah 
(g)(6) of this section.
    (ii) For purposes of this section, an informal de facto reciprocal 
arrangement exists when the Department of State determines that a 
foreign state allows appropriate employment on the local economy for 
dependents of certain United States officials assigned to duty in that 
foreign state. The Office of Protocol shall maintain a listing of 
countries with which such reciprocity exists. Dependents of a G-1 or G-3 
principal alien assigned to official duty in the United States may be 
authorized to accept or continue in employment based upon informal de 
facto arrangements, and dependents of a G-4 principal alien assigned to 
official duty in the United States may be authorized to accept or 
continue in employment upon favorable recommendation by the Department 
of State and issuance of employment authorization by the Service in 
accordance with 8 CFR part 274a. Additionally, the procedures set forth 
in paragraph (g)(6) of this section must be complied with, and the 
following conditions must be met:
    (A) Both the principal alien and the dependent desiring employment 
are maintaining G-1, G-3, or G-4 status as appropriate;
    (B) The principal's assignment in the United States is expected to 
last more than six months;
    (C) Employment of a similar nature for dependents of United States 
Government officials assigned to official duty in the foreign state 
employing the principal alien is not prohibited by that foreign 
government. The provisions of this paragraph apply only to G-1 and G-3 
dependents;
    (D) The proposed employment is not in an occupation listed in the 
Department of Labor Schedule B (20 CFR part 656), or otherwise 
determined by the Department of Labor to be one for

[[Page 270]]

which there is an oversupply of qualified U.S. workers in the area of 
proposed employment. This Schedule B restriction does not apply to a 
dependent son or daughter 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 during school 
holiday periods; and
    (E) The proposed employment is not contrary to the interest of the 
United States. Employment contrary to the interest of the United States 
includes, but is not limited to, the employment of G-1, G-3, or G-4 
dependents: who have criminal records; who have violated United States 
immigration laws or regulations, or visa laws or regulations; who have 
worked illegally in the United States; and/or who cannot establish that 
they have paid taxes and social security on income from current or 
previous United States employment. Additionally, the Department of State 
may determine a G-4 dependent's employment is contrary to the interest 
of the United States when the principal alien's country of nationality 
has one or more components of an international organization or 
international organizations within its borders and does not allow the 
employment of dependents of United States citizens employed by such 
component(s) or organization(s).
    (6) Application procedures. The following procedures are applicable 
to G-1 and G-3 dependent employment applications under bilateral 
agreements and de facto arrangements, as well as to G-4 dependent 
employment applications:
    (i) The dependent must submit a completed Form I-566 to the 
Department of State through the office, mission, or organization which 
employs his or her principal alien. If the principal is assigned to or 
employed by the United Nations, the Form I-566 must be submitted to the 
U.S. Mission to the United Nations. All other applications must be 
submitted to the Office of Protocol of the Department of State. A 
dependent applying under paragraph (g)(2) (iii) or (iv) of this section 
must submit a certified statement from the post-secondary educational 
institution confirming that he or she is pursuing studies on a full-time 
basis. A dependent applying under paragraph (g)(2)(v) of this section 
must submit medical certification regarding his or her condition. The 
certification should identify the dependent and the certifying physician 
and give the physician's phone number; identify the condition, describe 
the symptoms and provide a prognosis; certify that the dependent is 
unable to establish, re-establish, and maintain a home or his or her 
own. Additionally, a G-1 or G-3 dependent applying under the terms of a 
de facto arrangement or a G-4 dependent must attach a statement from the 
prospective employer which includes the dependent's name; a description 
of the position offered and the duties to be performed; the salary 
offered; and verification that the dependent possesses the 
qualifications for the position.
    (ii) The Department of State reviews and verifies the information 
provided, makes its determination, and endorses the Form I-566.
    (iii) If the Department of State's endorsement is favorable, the 
dependent may apply to the Service. A dependent whose principal alien is 
stationed at a post in Washington, DC, or New York City shall apply to 
the District Director, Washington, DC, or New York City, respectively. A 
dependent whose principal alien is stationed elsewhere shall apply to 
the District Director, Washington, DC, unless the Service, through the 
Department of State, directs the dependent to apply to the district 
director having jurisdiction over his or her place of residence. 
Directors of the regional service centers may have concurrent 
adjudicative authority for applications filed within their respective 
regions. When applying to the Service, the dependent must present his or 
her Form I-566 with a favorable endorsement from the Department of State 
and any additional documentation as may be required by the Attorney 
General.
    (7) Period of time for which employment may be authorized. If 
approved, an application to accept or continue employment under this 
section shall be granted in increments of not more than three years 
each.

[[Page 271]]

    (8) No appeal. There shall be no appeal from a denial of permission 
to accept or continue employment under this section.
    (9) Dependents or family members of principal aliens classified G-2 
or G-5. A dependent or family member of a principal alien classified G-2 
or G-5 may not be employed in the United States under this section.
    (10) Unauthorized employment. An alien classified under section 
101(a)(15)(G) of the Act who is not a principal alien and who engages in 
employment outside the scope of, or in a manner contrary to this 
section, may be considered in violation of section 241(a)(1)(C)(i) of 
the Act. An alien who is classified under section 101(a)(15)(G) of the 
Act who is a principal alien and who engages in employment outside the 
scope of his/her official position may be considered in violation of 
section 241(a)(1)(C)(i) of the Act.
    (11) Special provision. As of February 16, 1990 no new employment 
authorization will be granted and no pre-existing employment 
authorization will be extended for a G-1 dependent absent an appropriate 
bilateral agreement or de facto arrangement. However, a G-1 dependent 
who has been granted employment authorization by the Department of State 
prior to the effective date of this section and who meets the definition 
of dependent under Sec.  214.2(g)(2) (i), (ii), (iii) or (v) of this 
part but is not covered by the terms of a bilateral agreement or de 
facto arrangement may be allowed to continue in employment until 
whichever of the following occurs first:
    (i) The employment authorization by the Department of State expires; 
or
    (ii) He or she no longer qualifies as a dependent as that term is 
defined in this section; or
    (iii) March 19, 1990.
    (h) Temporary employees--(1) Admission of temporary employees--(i) 
General. Under section 101(a)(15)(H) of the Act, an alien may be 
authorized to come to the United States temporarily to perform services 
or labor for, or to receive training from, an employer, if petitioned 
for by that employer. Under this nonimmigrant category, the alien may be 
classified as follows: under section 101(a)(15)(H)(i)(c) of the Act as a 
registered nurse; under section 101(a)(15)(H)(i)(b) of the Act as an 
alien who is coming to perform services in a specialty occupation, 
services relating to a Department of Defense (DOD) cooperative research 
and development project or coproduction project, or services as a 
fashion model who is of distinguished merit and ability; under section 
101(a)(15)(H)(ii)(a) of the Act as an alien who is coming to perform 
agricultural labor or services of a temporary or seasonal nature; under 
section 101(a)(15)(H)(ii)(b) of the Act as an alien coming to perform 
other temporary services or labor; or under section 101(a)(15)(H)(iii) 
of the Act as an alien who is coming as a trainee or as a participant in 
a special education exchange visitor program. These classifications are 
called H-1C, H-1B, H-2A, H-2B, and H-3, respectively. The employer must 
file a petition with the Service for review of the services or training 
and for determination of the alien's eligibility for classification as a 
temporary employee or trainee, before the alien may apply for a visa or 
seek admission to the United States. This paragraph sets forth the 
standards and procedures applicable to these classifications.
    (ii) Description of classifications. (A) An H-1C classification 
applies to an alien who is coming temporarily to the United States to 
perform services as a registered nurse, meets the requirements of 
section 212(m)(1) of the Act, and will perform services at a facility 
(as defined at section 212(m)(6) of the Act) for which the Secretary of 
Labor has determined and certified to the Attorney General that an 
unexpired attestation is on file and in effect under section 212(m)(2) 
of the Act. This classification will expire 4 years from June 11, 2001.
    (B) An H-1B classification applies to an alien who is coming 
temporarily to the United States:
    (1) To perform services in a specialty occupation (except 
agricultural workers, and aliens described in section 101(a)(15) (O) and 
(P) of the Act) described in section 214(i)(1) of the Act, that meets 
the requirements of section 214(i)(2) of the Act, and for whom the 
Secretary of Labor has determined and certified to the Attorney General 
that

[[Page 272]]

the prospective employer has filed a labor condition application under 
section 212(n)(1) of the Act;
    (2) To perform services of an exceptional nature requiring 
exceptional merit and ability relating to a cooperative research and 
development project or a coproduction project provided for under a 
Government-to-Government agreement administered by the Secretary of 
Defense;
    (3) To perform services as a fashion model of distinguished merit 
and ability and for whom the Secretary of Labor has determined and 
certified to the Attorney General that the prospective employer has 
filed a labor condition application under section 212(n)(1) of the Act.
    (C) An H-2A classification applies to an alien who is coming 
temporarily to the United States to perform agricultural work of a 
temporary or seasonal nature.
    (D) An H-2B classification applies to an alien who is coming 
temporarily to the United States to perform nonagricultural work of a 
temporary or seasonal nature, if unemployed persons capable of 
performing such service or labor cannot be found in this country. This 
classification does not apply to graduates of medical schools coming to 
the United States to perform services as members of the medical 
profession. The temporary or permanent nature of the services or labor 
to be performed must be determined by the service. This classification 
requires a temporary labor certification issued by the Secretary of 
Labor or the Governor of Guam, or a notice from one of these individuals 
that such a certification cannot be made, prior to the filing of a 
petition with the Service.
    (E) An H-3 classification applies to an alien who is coming 
temporarily to the United States:
    (1) As a trainee, other than to receive graduate medical education 
or training, or training provided primarily at or by an academic or 
vocational institution, or
    (2) As a participant in a special education exchange visitor program 
which provides for practical training and experience in the education of 
children with physical, mental, or emotional disabilities.
    (2) Petitions--(i) Filing of petitions--(A) General. A United States 
employer seeking to classify an alien as an H-1B, H-2A, H-2B, or H-3, 
temporary employee shall file a petition on Form I-129, Petition for 
Nonimmigrant Worker, only with the USCIS Service Center which has 
jurisdiction in the area where the alien will perform services, or 
receive training, even in emergent situations, except as provided in 
this section or as specifically designated by USCIS via notice in the 
Federal Register.
    (B) Service or training in more than one location. A petition which 
requires services to be performed or training to be received in more 
than one location must include an itinerary with the dates and locations 
of the services or training and must be filed with the Service office 
which has jurisdiction over I-129H petitions in the area where the 
petitioner is located. The address which the petitioner specifies as its 
location on the I