8 CFR Part 214 — Nonimmigrant Classes

PART 214—NONIMMIGRANT CLASSES Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1188, 1221, 1281, 1282, 1301-1305, 1357, and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 115-218, 132 Stat. 1547 (48 U.S.C. 1806). Subpart A—Classes A through S § 214.1 Requirements for admission, extension, and maintenance of status. Link to an amendment published at 91 FR 45122, July 17, 2026. (a) General Nonimmigrant classes. (i) Section 101(a)(15)(B) is divided into (B)(i) for visitors for business and (B)(ii) for visitors for pleasure; (ii) Section 101(a)(15)(C) is divided into (C)(i) for aliens who are in transit through the United States and not covered by (C)(ii)-(iv); (C)(ii) for aliens in transit to and from the United Nations Headquarters District; (C)(iii) for alien diplomats in transit through the United States; and (C)(iv) for aliens in transit to board or to return from a vessel on which the alien will perform or performed, respectively, ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade; (iii) Section 101(a)(15)(H) is divided to create an (H)(iv) subclassification for the spouse and children of a nonimmigrant classified under section 101(a)(15) (H) (i), (ii), or (iii); (iv) Section 101(a)(15)(J) is divided into (J)(i) for principal aliens and (J)(ii) for such alien's spouse and children; (v) Section 101(a)(15)(K) is divided into (K)(i) for the fianceé(e), (K)(ii) for the spouse, and (K)(iii) for the children of either; (vi) Section 101(a)(15)(L) is divided into (L)(i) for principal aliens and (L)(ii) for such alien's spouse and children; (vii) Section 101(a)(15)(Q)(ii) is divided to create a (Q)(iii) for subclassification for the spouse and children of a nonimmigrant classified under section 101(a)(15)(Q)(ii) of the Act; (viii) Section 101(a)(15)(T)(ii) is divided into (T)(ii), (T)(iii), (T)(iv), and (T)(v) for the spouse, child, parent, and unmarried sibling under 18 years of age, respectively, of a principal nonimmigrant classified under section 101(a)(15)(T)(i); and T(vi) for the adult or minor child of a derivative nonimmigrant classified under section 101(a)(15)(T)(ii); and (ix) Section 101(a)(15)(U)(ii) is divided into (U)(ii), (U)(iii), (U)(iv), and (U)(v) for the spouse, child, parent, and siblings, respectively, of a nonimmigrant classified under section 101(a)(15)(U)(i); and (2) Classification designations. Section Designation 101(a)(15)(A)(i) A-1. 101(a)(15)(A)(ii) A-2. 101(a)(15)(A)(iii) A-3. 101(a)(15)(B)(i) B-1. 101(a)(15)(B)(ii) B-2. 101(a)(15)(C)(i) C-1. 101(a)(15)(C)(ii) C-2. 212(d)(8) C-3. 101(a)(15)(C)(iii) C-4. 101(a)(15)(D)(i) D-1. 101(a)(15)(D)(ii) D-2. 101(a)(15)(D)(iii) D-3. 101(a)(15)(E)(i) E-1. 101(a)(15)(E)(ii) E-2. 101(a)(15)(F)(i) F-1. 101(a)(15)(F)(ii) F-2. 101(a)(15)(G)(i) G-1. 101(a)(15)(G)(ii) G-2. 101(a)(15)(G)(iii) G-3. 101(a)(15)(G)(iv) G-4. 101(a)(15)(g)(v) G-5. 101(a)(15)(H)(i)(B) H-1B. 101(a)(15)(H)(i)(C) H-1C. 101(a)(15)(H)(ii)(A) H-2A. 101(a)(15)(H)(ii)(B) H-2B. 101(a)(15)(H)(iii) H-3. 101(a)(15)(H)(iv) H-4. 101(a)(15)(I) I. 101(a)(15)(J)(i) J-1. 101(a)(15)(J)(ii) J-2. 101(a)(15)(K)(i) K-1. 101(a)(15)(K)(ii) K-3. 101(a)(15)(K)(iii) K-2; K-4. 101(a)(15)(L)(i) L-1. 101(a)(15)(L)(ii) L-2. 101(a)(15)(M)(i) M-1. 101(a)(15)(M)(ii) M-2. 101(a)(15)(N)(i) N-8. 101(a)(15)(N)(ii) N-9. 101(a)(15)(O)(i) O-1. 101(a)(15)(O)(ii) O-2. 101(a)(15)(O)(iii) O-3. 101(a)(15)(P)(i) P-1. 101(a)(15)(P)(ii) P-2. 101(a)(15)(P)(iii) P-3. 101(a)(15)(P)(iv) P-4. 101(a)(15)(Q)(i) Q-1. 101(a)(15)(Q)(ii) Q-2. 101(a)(15)(Q)(iii) Q-3. 101(a)(15)(R)(i) R-1. 101(a)(15)(R)(ii) R-2. 101(a)(15)(S)(i) S-5. 101(a)(15)(S)(ii) S-6. 101(a)(15)(S) qualified family members S-7. 101(a)(15)(T)(i) T-1 101(a)(15)(T)(ii) T-2 101(a)(15)(T)(iii) T-3 101(a)(15)(T)(iv) T-4 101(a)(15)(T)(v) T-5 101(a)(15)(T)(vi) T-6 101(a)(15)(U)(i) U-1 101(a)(15)(U)(ii) U-2, U-3, U-4, U-5 101(a)(15)(V) V-1, V-2, or V-3 USMCA, Principal TN. USMCA, Dependent TD. Visa Waiver, Business WB. Visa Waiver, Tourist WT. Note 1: The classification designation K-2 is for the child of a K-1. The classification designation K-4 is for the child of a K-3. Note 2: The classification designation V-1 is for the spouse of a lawful permanent resident; the classification designation V-2 is for the principal beneficiary of an I-130 who is the child of an LPR; the classification V-3 is for the derivative child of a V-1 or V-2 alien. (3) General requirements. (ii) At the time of admission or extension of stay, every nonimmigrant alien must also agree to depart the United States at the expiration of his or her authorized period of admission or extension of stay, or upon abandonment of his or her authorized nonimmigrant status, and to comply with the departure procedures at section 215.8 of this chapter if such procedures apply to the particular alien. The nonimmigrant alien's failure to comply with those departure requirements, including any requirement that the alien provide biometric identifiers, may constitute a failure of the alien to maintain the terms of his or her nonimmigrant status. (iii) At the time a nonimmigrant alien applies for admission or extension of stay, he or she must post a bond on Form I-352 in the sum of not less than $500, to ensure the maintenance of his or her nonimmigrant status and departure from the United States, if required to do so by the Commissioner of CBP, the Director of U.S. Citizenship and Immigration Services, an immigration judge, or the Board of Immigration Appeals. (b) Readmission of nonimmigrants under section 101(a)(15) (F), (J), (M), or (Q)(ii) to complete unexpired periods of previous admission or extension of stay Section 101(a)(15)(F). (i) Is admissible; (ii) Is applying for readmission after an absence from the United States not exceeding thirty days solely in contiguous territory or adjacent islands; (iii) Is in possession of a valid passport unless exempt from the requirement for presentation of a passport; and (iv) Presents, or is the accompanying spouse or child of an alien who presents, an Arrival-Departure Record, Form I-94 (see § 1.4 of this chapter), issued to the alien in connection with the previous admission or stay, and either: (A) A properly endorsed Form I-20 or successor form if there has been no substantive change in the information on the student's most recent Form I-20 or successor form since the form was initially issued; or (B) A new Form I-20 or successor form if there has been any substantive change in the information on the student's most recent Form I-20 or successor form since the form was initially issued. (2) Section 101(a)(15)(J). (i) Is admissible; (ii) Is applying for readmission after an absence from the United States not exceeding thirty days solely in contiguous territory or adjacent islands; (iii) Is in possession of a valid passport unless exempt from the requirement for the presentation of a passport; and (iv) Presents, or is the accompanying spouse or child of an alien who presents, Form I-94 issued to the alien in connection with the previous admission or stay or the last Form DS-2019 issued to the alien. Form I-94 or Form DS-2019 must show the unexpired period of the alien's stay properly endorsed. (3) Section 101(a)(15)(M). (i) Is admissible; (ii) Is applying for readmission after an absence not exceeding thirty days solely in contiguous territory; (iii) Is in possession of a valid passport unless exempt from the requirement for presentation of a passport; and (iv) Presents, or is the accompanying spouse or child of an alien who presents, Form I-94 issued to the alien in connection with the previous admission or stay, and the alien's properly endorsed Form I-20 or successor form. (4) Section 101(a)(15)(Q)(ii). (i) Is admissible; (ii) Is applying for readmission after an absence from the United States not exceeding 30 days solely in contiguous territory or adjacent islands; (iii) Is in possession of a valid passport; (iv) Presents, or is the accompanying spouse or child of an alien who presents, an Arrival-Departure Record, Form I-94, issued to the alien in connection with the previous admission or stay. The principal alien must also present a Certification Letter issued by the Department of State's Program Administrator. (c) Extensions of stay Extension or amendment of stay for certain employment-based nonimmigrant workers. (2) Filing on Form I-539. (3) Ineligible for extension of stay. (i) B-1 or B-2 where admission was pursuant to the Visa Waiver Pilot Program; (ii) C-1, C-2, C-3, C-4; (iii) D-1, D-2, D-3; (iv) K-1, K-2; (v) Any nonimmigrant admitted for duration of status, other than as provided in § 214.2(f)(7); (vi) Any nonimmigrant who is classified pursuant to section 101(a)(15)(S) of the Act beyond a total of 3 years; or (vii) Any nonimmigrant who is classified according to section 101(a)(15)(Q)(ii) of the Act beyond a total of 3 years. (viii) Any nonimmigrant admitted pursuant to the Guam-CNMI Visa Waiver Program, or its sub-program, the CNMI Economic Vitality & Security Travel Authorization Program (EVS-TAP), as provided in section 212(l) of the Act. (4) Timely filing and maintenance of status. (A) The delay was due to extraordinary circumstances beyond the control of the applicant or petitioner, and USCIS finds the delay commensurate with the circumstances; (B) The applicant or beneficiary has not otherwise violated their nonimmigrant status; (C) The applicant or beneficiary remains a bona fide nonimmigrant; and (D) The applicant or beneficiary is not the subject of deportation proceedings under section 242 of the Act (prior to April 1, 1997) or removal proceedings under section 240 of the Act. (ii) If USCIS excuses the late filing of an extension of stay or amendment of stay request, it will do so without requiring the filing of a separate application or petition and will grant the extension of stay from the date the previously authorized stay expired, or the amendment of stay from the date the petition was filed. (5) Deference to prior USCIS determinations of eligibility. (6) Evidence of maintenance of status. (7) Decision on extension or amendment of stay request. (d) Termination of status. Federal Register, (e) Employment. (2) A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)(C)(i) of the Act. (3) A crewman, admitted in transit in the C-4 class or granted temporary landing in the D-3 class, who is performing ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade is not, for immigration purposes, performing services, work, labor, or employment within the United States. (f) False information. (g) Criminal activity. (h) Education privacy and F, J, and M nonimmigrants. (i) Employment in a health care occupation. (2) A TN nonimmigrant may establish that he or she is eligible for a waiver described at 8 CFR 212.15(n) by providing evidence that his or her initial admission as a TN (or TC) nonimmigrant health care worker occurred before September 23, 2003, and he or she was licensed and employed in the United States as a health care worker before September 23, 2003. Evidence may include, but is not limited to, copies of TN or TC approval notices, copies of Form I-94 Arrival/Departure Records, employment verification letters and/or pay-stubs or other employment records, and state health care worker licenses. (j) Extension of stay or change of status for health care worker. (1) The petitioner or applicant fails to submit the certification required by 8 CFR 212.15(a) with the petition or application to extend the alien's stay or change the alien's status; or (2) The petition or application to extend the alien's stay or change the alien's status does include the certification required by 8 CFR 212.15(a), but the alien obtained the certification more than 1 year after the date of the alien's admission under section 212(d)(3) of the Act and 8 CFR 212.15(n). While DHS may admit, extend the period of authorized stay, or change the status of a nonimmigrant health care worker for a period of 1 year if the alien does not have certification on or before July 26, 2004 (or on or before July 26, 2005, in the case of a citizen of Canada or Mexico, who, before September 23, 2003, was employed as a TN or TC nonimmigrant health care worker and held a valid license from a U.S. jurisdiction), the alien will not be eligible for a subsequent admission, change of status, or extension of stay as a health care worker if the alien has not obtained the requisite certification 1 year after the initial date of admission, change of status, or extension of stay as a health care worker. (k) Denial of petitions under section 214(c) of the Act based on a finding by the Department of Labor. (l) Period of stay. (2) An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period. (3) An alien in any authorized period described in paragraph (l) of this section may apply for and be granted an extension of stay under paragraph (c)(4) of this section or change of status under 8 CFR 248.1, if otherwise eligible. [26 FR 12067, Dec. 16, 1961] Editorial Note: For Federal Register www.govinfo.gov. § 214.2 Special requirements for admission, extension, and maintenance of status. Link to an amendment published at 91 FR 45124, July 17, 2026. Table 1 to § 214.2—Section Contents (a) Foreign government officials (b) Visitors (c) Transits (d) Crewmen (e) Treaty traders and investors (f) Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs (g) Representatives to international organizations (h) Temporary employees (i) Representatives of information media (j) Exchange aliens (k) Spouses, Fiancées, and Fiancés of United States Citizens (l) Intracompany transferees (m) Students in established vocational or other recognized nonacademic institutions, other than in language training programs (n) Certain parents and children of section 101(a)(27)(I) special immigrants (o) Aliens of extraordinary ability or achievement (p) Artists, athletes, and entertainers (q) Cultural visitors (r) Religious workers (s) NATO nonimmigrant aliens (t) Alien witnesses and informants (u) [Reserved] (v) Certain spouses and children of LPRs (w) CNMI-Only Transitional Worker (CW-1) The general requirements in § 214.1 are modified for the following nonimmigrant classes: (a) Foreign government officials General. (2) Definition of A-1 or A-2 dependent. dependent (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; or (vi) An immediate family member of an A-1 or A-2 principal alien described in 22 CFR 41.21(a)(3)(i) to (iv) with A-1 or A-2 nonimmigrant status, who falls within a category of aliens recognized by the Department of State as qualifying dependents. (3) Applicability of a formal bilateral agreement or an informal de facto arrangement for A-1 or A-2 dependents. (4) Income tax, Social Security liability; non-applicability of certain immunities. (5) Dependent employment pursuant to formal bilateral employment agreements and informal de facto reciprocal arrangements. (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. (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 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 USCIS for employment authorization. When applying to USCIS for employment authorization, 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 Secretary. (7) Period of time for which employment may be authorized. (8) No appeal. (9) Dependents or family members of principal aliens classified A-3. (10) Unauthorized employment. (b) Visitors General. (2) Minimum six month admissions. (3) Visa Waiver Pilot Program. (4) Admission of aliens pursuant to the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). (i) Occupations and professions set forth in Section B of Appendix 1 of Chapter 16 of the USMCA Research and design. (B) Growth, manufacture, and production. 1 ( 2 (C) Marketing. 1 ( 2 (D) Sales. 1 ( 2 (E) Distribution. 1 ( 2 (F) After-sales services. (G) General service. (H) Commercial transactions. 1 ( 2 (I) Public relations and advertising. (J) Tourism. (K) Tour bus operation. ( 1 ( 2 ( 3 (L) Translation. (ii) Occupations and professions not listed in Section B of Appendix 1 of Chapter 16 of the USMCA. (5) Construction workers not admissible. (6) [Reserved] (7) Enrollment in a course of study prohibited. (c) Transits Immediate and continuous transit through the United States. (2) United Nations Headquarters District. (3) Foreign government officials transiting through the United States. (4) Lightering crew. (d) Crewmen General provisions. (ii) An alien crewman of the class defined in section 101(a)(15)(D) of the Act 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. (iii) An alien crewman of the class defined in section 101(a)(15)(D) of the Act may not be employed in connection with domestic flights or movements of a vessel or aircraft but see paragraph (d)(1)(iv) of this section. 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. (iv) The performance of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade does not constitute services, work, labor, or employment connected to a domestic movement of a vessel for immigration purposes. (2) Denial of crewman status in the case of certain labor disputes (D nonimmigrants). (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. (iii) Ineligibility for parole. (iv) Qualified current employees. ( 1 ( 2 ( 3 (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. (e) Treaty traders and investors Treaty trader. (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. (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. (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. (5) Nonimmigrant intent. (6) Treaty country. (7) Treaty country nationality. (8) Terms and conditions of E treaty status Limitations on employment. (ii) Subsidiary employment. (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. (iv) Non-substantive changes. (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 approval notice reflecting the non-substantive change by filing an application with a description of the change; or (C) Apply directly to Department of State for a new E visa reflecting the change. An alien who does not elect one of the three options contained in paragraphs (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. (vi) Approval. (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. Items of trade Trade (10) Substantial trade. (11) Principal trade. (12) Investment. (13) Bona fide enterprise. (14) Substantial amount of capital. (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. (16) Solely to develop and direct. (17) Executive and supervisory character. (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 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. (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. (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. (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. (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 nonimmigrant status. (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. (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 ( 2 (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. (23) Special procedures for classifying foreign investors in the Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrant treaty investors under title VII of the Consolidated Natural Resources Act of 2008 (Pub. L. 110-229), 48 U.S.C. 1806. (i) E-2 CNMI Investor eligibility. (A) Was lawfully admitted to the CNMI in long-term investor status under the immigration laws of the CNMI before the transition program effective date and had that status on the transition program effective date; (B) Has continuously maintained residence in the CNMI; (C) Is otherwise admissible to the United States; and (D) Maintains the investment or investments that formed the basis for such long-term investment status. (ii) Definitions. (A) Approved investment or residence (B) Approval letter et seq. et seq. et seq. (C) Certificate (D) Continuously maintained residence in the CNMI (E) Public organization (F) Transition period means the period beginning on the transition program effective date and ending on December 31, 2029. (iii) Long-term investor status. (A) Long-term business investor. (B) Foreign investor. (C) Retiree investor. ( 1 ( 2 (iv) Maintaining investments. (v) Filing procedures. (vi) Appropriate documents. (A) Required evidence of admission includes a valid unexpired foreign passport and a properly endorsed CNMI admission document ( e.g., (B) Required evidence of long-term investor status includes: ( 1 ( 2 ( 3 (C) Required evidence that the long-term investor is maintaining his or her investment includes all of the following, as applicable: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 ( 11 ( 12 e.g., e.g., e.g., (vii) Physical presence in the CNMI. (viii) Information for background checks. (ix) Denial. (x) Spouse and children of an E-2 CNMI Investor Classification. (B) Employment authorization. (xi) Terms and conditions of E-2 CNMI Investor nonimmigrant status Nonimmigrant status. (B) Employment authorization. (C) Changes in E-2 CNMI investor nonimmigrant status. (D) Unauthorized change of employment. (E) Periods of admission. 1 ( 2 (xii) Extensions of stay. (A) Continuous maintenance of the terms and conditions of E-2 CNMI Investor nonimmigrant status; (B) Physical presence in the CNMI at the time of filing the application for extension of stay; and (C) That he or she did not leave during the pendency of the application. (xiii) Change of status. (xiv) Expiration of the transition period. (xv) [Reserved] (xvi) Waiver of inadmissibility for applicants present in the CNMI. (f) Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs. Table 2 to Paragraph ( f (1) Admission of student (2) Form I-20 or successor form (3) Admission of the spouse and minor children of an F-1 student (4) Temporary absence (5) Duration of status (6) Full course of study (7) Extension of stay (8) School transfer (9) Employment (10) Practical training (11) OPT application and approval process (12) Reporting while on optional practical training (13) Temporary absence from the United States of F-1 student granted employment authorization (14) Effect of strike or other labor dispute (15) Spouse and children of F-1 student (16) Reinstatement to student status (17) Current name and address (18) Special rules for certain border commuter students (19) Remittance of the fee (1) Admission of student Eligibility for admission. (A) The student presents a Form I-20 or successor form issued in the student's name by a school certified by the Student and Exchange Visitor Program (SEVP) for attendance by F-1 foreign students; (B) The student has documentary evidence of financial support in the amount indicated on the Form I-20 or successor form; (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 Form I-20 or successor form); 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) Form I-20 or successor form requirements at the port-of-entry. (A) Transcribe the student's admission number from Form I-94 onto the student's Form I-20 or successor form (for students seeking initial admission only); (B) Endorse the Form I-20 or successor form; and (C) Return the Form I-20 or successor form to the student. (iii) Use of the Student and Exchange Visitor Information System (SEVIS). e.g., (2) Student maintenance of Form I-20 or successor form. (3) Admission of the spouse and minor children of an F-1 student. (4) Temporary absence. (i) A current Form I-20 or successor form properly endorsed by the DSO for reentry if there has been no substantive change to the most recent Form I-20 or successor form information; or (ii) An updated Form I-20 or successor form if there has been a substantive change in the information on the student's most recent Form I-20 or successor form, such as in the case of a student who has changed the major area of study, who intends to transfer to another SEVP-certified institution, or who has advanced to a higher level of study. (5) Duration of status General. (ii) Change in educational levels. (iii) Annual vacation. (iv) Preparation for departure. (v) Emergent circumstances as determined by the Secretary. Federal Register, Federal Register (vi) Extension of duration of status and grant of employment authorization. ( 1 ( 2 ( 3 (B) The automatic extension of an F-1 student's duration of status and employment authorization under paragraph (f)(5)(vi)(A) of this section shall automatically terminate upon the rejection, denial, revocation, or withdrawal of the H-1B petition filed on such F-1 student's behalf or upon the denial or withdrawal of the request for change of nonimmigrant status, even if the H-1B petition filed on the F-1 student's behalf is approved for consular processing. (C) In order to obtain the automatic extension of stay and employment authorization under paragraph (f)(5)(vi)(A) of this section, the F-1 student, consistent with 8 CFR part 248, must not have violated the terms or conditions of his or her nonimmigrant status. (D) An automatic extension of an F-1 student's duration of status under paragraph (f)(5)(vi)(A) of this section also applies to the duration of status of any F-2 dependent aliens. (6) Full course of study General. (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 12 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 12 semester or quarter hours are charged full-time tuition or are considered full-time for other administrative purposes, or its equivalent (as determined by SEVP in the school certification 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 other institutions of higher learning which are either: ( 1 ( 2 (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 a certified 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 minimum number of hours a week prescribed by the school for normal progress toward graduation. (F) Notwithstanding paragraphs (f)(6)(i)(A) and (B) of this section, an alien who has been granted employment authorization pursuant to the terms of a document issued by the Secretary under paragraphs (f)(9)(i) or (ii) of this section and published in the Federal Register (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. (iii) Reduced course load. (A) Academic difficulties. (B) Medical conditions. (C) Completion of course of study. (D) [Reserved] (E) Reporting requirements. (iv) Concurrent enrollment. e.g., (7) Extension of stay General. (ii) Report date and program completion date on Form I-20 or successor form. (iii) Program extension for students in lawful status. (iv) SEVIS update. (8) School transfer General. (ii) Transfer procedure. (iii) [Reserved] (9) Employment On-campus employment. Federal Register , Federal Register (ii) Off-campus work authorization General. Federal Register (B) [Reserved] (C) Severe economic hardship. (D) Procedure for off-campus employment authorization due to severe economic hardship. ( 1 ( 2 ( 3 ( 4 (E) [Reserved] (F) Severe economic hardship application 1 ( 2 (iii) Internship with an international organization. (10) Practical training. (i) Curricular practical training. (ii) Optional practical training General. ( 1 ( 2 ( 3 (B) Termination of practical training. (C) 24-month extension of post-completion OPT for a science, technology, engineering, or mathematics (STEM) degree. 3 ( 1 Accreditation. ( 2 DHS-approved degree. ( i ( ii http://www.ice.gov/sevis Federal Register. 2 i ( iii ( 3 Previously obtained STEM degree(s). ( 4 Eligible practical training opportunity. 3 ( 5 Employer qualification. ( 6 Employer reporting. 2 ( 7 Training Plan for STEM OPT Students, Form I-983 or successor form. i 2 ( ii ( iii ( iv ( 8 Duties, hours, and compensation for training. ( 9 Evaluation requirements and Training Plan modifications. i 2 ( ii 8 ( iii 2 ( 10 Additional STEM opportunity obligations. ( i ( ii ( iii ( 11 Site visits. (D) Duration of status while on post-completion OPT. (E) Periods of unemployment during post-completion OPT. 2 (11) OPT application and approval process Student responsibilities. (A) Applications for employment authorization. (B) Applications and filing deadlines for pre-completion OPT and post-completion OPT 1 Pre-completion OPT. ( 2 Post-completion OPT. 2 (C) Applications and filing deadlines for 24-month OPT extension. (D) Start of OPT employment. (ii) Additional DSO responsibilities. (A) Prior to making a recommendation, the DSO at the educational institution of the student's most recent enrollment must ensure that the student is eligible for the given type and period of OPT and that the student is aware of the student's responsibilities for maintaining status while on OPT. Prior to recommending a 24-month OPT extension under paragraph (f)(10)(ii)(C) of this section, the DSO at the educational institution of the student's most recent enrollment must certify that the student's degree being used to qualify that student for the 24-month OPT extension, as shown in SEVIS or official transcripts, is a bachelor's, master's, or doctorate degree with a degree code that is contained within a category on the current STEM Designated Degree Program List at the time the recommendation is made. A DSO may recommend a student for a 24-month OPT extension under paragraph (f)(10)(ii)(C) of this section only if the Form I-983 or successor form described in paragraph (f)(10)(ii)(C)(7) of this section has been properly completed and executed by the student and prospective employer. A DSO may not recommend a student for an OPT extension under paragraph (f)(10)(ii)(C) of this section if the practical training would be conducted by an employer who has failed to meet the requirements under paragraphs (f)(10)(ii)(C)( 5 9 10 (B) The DSO must update the student's SEVIS record with the DSO's recommendation for OPT before the student can apply to USCIS for employment authorization. The DSO will indicate in SEVIS whether the OPT employment is to be full-time or part-time, or for a student seeking a recommendation for a 24-month OPT extension under paragraph (f)(10)(ii)(C) of this section whether the OPT employment meets the minimum hours requirements described in paragraph (f)(10)(ii)(C)( 8 (C) The DSO must provide the student with a signed, dated Form I-20 or successor form indicating that OPT has been recommended. (iii) Decision on application for OPT employment authorization. (A) If granted, the employment authorization period for post-completion OPT begins on the requested date of commencement or the date the Form I-765 or successor form is approved, whichever is later, and ends at the conclusion of the remaining time period of post-completion OPT eligibility. The employment authorization period for a 24-month OPT extension under paragraph (f)(10)(ii)(C) of this section begins on the day after the expiration of the initial post-completion OPT employment authorization and ends 24 months thereafter, regardless of the date the actual extension is approved. (B) USCIS will notify the applicant of the decision on the Form I-765 or successor form in writing, and, if the application is denied, of the reason or reasons for the denial. (C) The applicant may not appeal the decision. (12) Reporting while on optional practical training General. (ii) Additional reporting obligations for students with an approved 24-month OPT extension. (A) Within 10 days of the change, the student must report to the student's DSO a change of legal name, residential or mailing address, employer name, employer address, and/or loss of employment. (B) The student must complete a validation report, confirming that the information required by paragraph (f)(12)(ii)(A) of this section has not changed, every six months. The requirement for validation reporting starts on the date the 24-month OPT extension begins and ends when the student's F-1 status expires or the 24-month OPT extension concludes, whichever is first. The validation report is due to the student's DSO within 10 business days of each reporting date. (13) Temporary absence from the United States of F-1 student granted 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 a Form I-20 or successor form endorsed for reentry by the DSO within the last six months. (14) Effect of strike or other labor dispute. (15) Spouse and children of F-1 student. (i) Employment. (ii) Study F-2 post-secondary/vocational study 1 Authorized study at SEVP-certified schools. ( 2 Full course of study. (B) F-2 elementary or secondary study. (C) An F-2 spouse and child violates his or her nonimmigrant status by enrolling in any study except as provided in paragraph (f)(15)(ii)(A) or (B) of this section. (16) Reinstatement to student status General. (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 DHS 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 or successor form; (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 USCIS, by a detailed showing, either that: ( 1 ( 2 (ii) Decision. (17) Current name and address. (18) Special rules for certain border commuter students Applicability. (A) Residing in the United States while attending a certified 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. (iii) Period of admission. (iv) Employment. 3 (19) Remittance of the fee. (g) Representatives to international organizations General. (2) Definition of G-1, G-3, or G-4 dependent. dependent (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 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; (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; or (vi) An immediate family member of a G-1, G-3, or G-4 principal alien described in 22 CFR 41.21(a)(3)(i) to (iv) with G-1, G-3, or G-4 nonimmigrant status who falls within a category of aliens designated by the Department of State as qualifying dependents. (3) Applicability of a formal bilateral agreement or an informal de facto arrangement for G-1 and G-3 dependents. (4) Income tax, Social Security liability; non-applicability of certain immunities. (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. (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 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. (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 USCIS for employment authorization. When applying to USCIS for employment authorization, 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 Secretary. (7) Period of time for which employment may be authorized. (8) No appeal. (9) Dependents or family members of principal aliens classified G-2 or G-5. (10) Unauthorized employment. (11) Special provision. (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. Table 3 to Paragraph ( h (1) Admission of temporary employees (2) Petitions (3) Petition for registered nurse (H-1C) (4) Petition for alien to perform services in a specialty occupation, services relating to a DOD cooperative research and development project or coproduction project, or services of distinguished merit and ability in the field of fashion modeling (H-1B) (5) Petition for alien to perform agricultural labor or services of a temporary or seasonal nature (H-2A) (6) Petition for alien to perform temporary nonagricultural services or labor (H-2B) (7) Petition for alien trainee or participant in a special education exchange visitor program (H-3) (8) Numerical limits (9) Approval and validity of petition (10) Denial of petition (11) Revocation of approval of petition (12) Appeal of a denial or a revocation of a petition (13) Admission (14) Extension of visa petition validity (15) Extension of stay (16) Effect of approval of a permanent labor certification or filing of a preference petition on H classification (17) Effect of a strike (18) Use of approval notice, Form I-797 (19) Additional fee for filing certain H-1B petitions (20) Retaliatory action claims (21) Change of employers during COVID-19 National Emergency (August 19, 2020 through December 17, 2020) (22) Change of employers during COVID-19 National Emergency (December 18, 2020 through June 16, 2021) (23) Change of employers and extensions beyond 3 years during COVID-19 National Emergency for H-2B aliens essential to the U.S. food supply chain (24) Severability (25) [Reserved] (26) Change of employers and portability for H-2B workers (May 25, 2021 through November 22, 2021) (27) Change of employers and portability for H-2B workers (January 28, 2022 through July 27, 2022) (28) Change of employers and portability for H-2B workers (July 28, 2022 through January 24, 2023) (29)-(30) [Reserved] (31) Change of employers and portability for H-2B workers (January 25, 2024 through January 24, 2025). (32) Change of employers and portability for H-2B workers (January 25, 2025 through January 24, 2026). (1) Admission of temporary employees General. (ii) Description of classifications. (B) An H-1B classification applies to an alien who is coming temporarily to the United States: ( 1 ( 2 ( 3 (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 there are not sufficient workers who are able, willing, qualified, and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such services or labor. 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 described on the approved temporary labor certification are subject to review by USCIS. This classification requires a temporary labor certification issued by the Secretary of Labor or the Governor of Guam prior to the filing of a petition with USCIS. (E) An H-3 classification applies to an alien who is coming temporarily to the United States: ( 1 ( 2 (2) Petitions Filing of petitions General. (B) [Reserved] (C) Services or training for more than one employer. (D) Change of employers. (E) Amended or new petition 1 General provisions. ( 2 Additional H-1B provisions. ( i ( ii ( iii i.e., (F) Agents as petitioners. ( 1 ( 2 (G) Multiple H-1B petitions. (H) H-1B portability. ( 1 Eligible H-1B nonimmigrant. ( i ( ii ( iii ( 2 Length of employment. 1 ii ( 3 Successive H-1B portability petitions. i 1 ii ( ii ( iii (I) H-2A and H-2B portability. ( 1 Eligible H-2A or H-2B nonimmigrant. ( i ( ii ( iii ( 2 Length of employment. 1 ii ( 3 Application of H-2A or H-2B program requirements during the pendency of the petition. ( 4 Successive H-2A or H-2B portability petitions. i 1 ii ( ii ( iii (J) Time of filing. (ii) Multiple beneficiaries. (iii) Naming beneficiaries. (iv) [Reserved] (v) H-2A Petitions. (3) Petition for registered nurse (H-1C) General. (B) A United States employer which provides health care services is referred to as a facility. facility facility (C) The position must involve nursing practice and require licensure or other authorization to practice as a registered nurse from the State Board of Nursing in the state of intended employment. (ii) [Reserved] (iii) Beneficiary requirements. (A) Has obtained a full and unrestricted license to practice nursing in the country where the alien obtained nursing education, or has received nursing education in the United States; (B) Has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or has obtained a full and unrestricted (permanent) license to practice as a registered nurse in the state of intended employment, or has obtained a full and unrestricted (permanent) license in any state or territory of the United States and received temporary authorization to practice as a registered nurse in the state of intended employment; and (C) Is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to practice as a registered nurse immediately upon admission to the United States, and is authorized under such laws to be employed by the employer. For purposes of this paragraph, the temporary or interim licensing may be obtained immediately after the alien enters the United States. (iv) Petitioner requirements. (A) A current copy of the DOL's notice of acceptance of the filing of its attestation on Form ETA 9081; (B) A statement describing any limitations which the laws of the state or jurisdiction of intended employment place on the alien's services; and (C) Evidence that the alien(s) named on the petition meets the definition of a registered nurse as defined at 8 CFR 214.2(h)(3)(i)(A), and satisfies the requirements contained in section 212(m)(1) of the Act. (v) Licensure requirements. (B) An alien who was admitted as an H-1C nonimmigrant on the basis of a temporary license or authorization to practice as a registered nurse must comply with the licensing requirements for registered nurses in the state of intended employment. An alien admitted as an H-1C nonimmigrant is required to obtain a full and unrestricted license if required by the state of intended employment. The Service must be notified pursuant to § 214.2(h)(11) when an H-1C nurse is no longer licensed as a registered nurse in the state of intended employment. (C) A nurse shall automatically lose his or her eligibility for H-1C classification if he or she is no longer performing the duties of a registered professional nurse. Such a nurse is not authorized to remain in employment unless he or she otherwise receives authorization from the Service. (vi) Other requirements. (B) If the facility's attestation expires, or is suspended or invalidated by DOL, the Service will not suspend or revoke the facility's approved petitions for nurses, if the facility has agreed to comply with the terms of the attestation under which the nurses were admitted or subsequent attestations accepted by DOL for the duration of the nurses' authorized stay. (4) Petition for alien to perform services in a specialty occupation, services relating to a DOD cooperative research and development project or coproduction project, or services of distinguished merit and ability in the field of fashion modeling (H-1B) Types of H-1B classification. ( 1 ( 2 ( 3 (B) General requirements for petitions involving a specialty occupation 1 Labor condition application requirements. i ( ii ( iii ( iv ( v ( vi ( 2 Inspections, evaluations, verifications, and compliance reviews. i 2 ( ii ( 3 Third party requirements. (C) General requirements for petitions involving an alien of distinguished merit and ability in the field of fashion modeling. (ii) Definitions. Prominence Recognized authority ( 1 ( 2 ( 3 ( 4 Specialty occupation Directly related United States employer ( 1 ( 2 ( 3 ( 4 (iii) General H-1B requirements Criteria for specialty occupation position. 1 4 ( 1 ( 2 ( 3 ( 4 ( 5 1 4 (B) Petitioner requirements. ( 1 ( 2 ( 3 (C) Beneficiary qualifications. ( 1 ( 2 ( 3 ( 4 (D) Equivalence to completion of a college degree. 4 ( 1 ( 2 ( 3 ( 4 ( 5 ( i ( ii ( iii ( iv ( v (E) Liability for transportation costs. (F) Bona fide position in a specialty occupation. (iv) General documentary requirements for H-1B classification in a specialty occupation. (A) Documentation, certifications, affidavits, declarations, degrees, diplomas, writings, reviews, or any other required evidence sufficient to establish that the beneficiary is qualified to perform services in a specialty occupation as described in paragraph (h)(4)(i) of this section and that the services the beneficiary is to perform are in a specialty occupation. The evidence shall conform to the following: ( 1 ( 2 (B) Copies of any written contracts between the petitioner and beneficiary, or a summary of the terms of the oral agreement under which the beneficiary will be employed, if there is no written contract. (C) In accordance with 8 CFR 103.2(b) and paragraph (h)(9) of this section, USCIS may request evidence such as contracts, work orders, or other similar evidence between all parties in a contractual relationship showing the bona fide nature of the beneficiary's position and the minimum educational requirements to perform the duties. (v) Licensure for H classification General. (B) Temporary licensure. (C) Duties without licensure. 1 ( 2 ( i ( ii ( 3 2 (D) H-1C nurses. (E) Limitation on approval of petition. (vi) Criteria and documentary requirements for H-1B petitions involving DOD cooperative research and development projects or coproduction projects General. 1 ( 2 (B) Petitioner requirements. 1 ( 2 ( 3 (C) Beneficiary requirement. (vii) Criteria and documentary requirements for H-1B petitions for aliens of distinguished merit and ability in the field of fashion modeling General. ( 1 ( 2 (B) Petitioner's requirements. ( 1 ( 2 (C) Beneficiary's requirements. ( 1 ( 2 ( 3 ( 4 (viii) Criteria and documentary requirements for H-1B petitions for physicians Beneficiary's requirements. ( 1 ( 2 (B) Petitioner's requirements. ( 1 ( 2 ( i ( ii (C) Exception for physicians of national or international renown. (5) Petition for alien to perform agricultural labor or services of a temporary or seasonal nature (H-2A) Filing a petition General. 1 2 ( 2 (B) Multiple beneficiaries. (C) [Reserved] (D) Evidence. 2 1 (E) Special filing requirements. (ii) Effect of the labor certification process. (iii) Ability and intent to meet a job offer Eligibility requirements. (B) [Reserved] (C) Initial evidence. (iv) Temporary and seasonal employment Eligibility requirements. (B) Effect of Department of Labor findings. (v) The beneficiary's qualifications Eligibility requirements. (B) Evidence of employment/job training. (C) Evidence of education and other training. (vi) Petitioner consent and notification requirements Consent. (B) Agreements. ( 1 Federal Register ( i ( ii ( iii ( 2 ( 3 (C) Process. (D) Failure to pay liquidated damages. (vii) Validity. (viii) Admission Effect of violations of status. (B) Period of admission. (C) Limits on an individual's stay. (D) Period of absence. (ix) Substitution of beneficiaries after admission. (x) Extensions in emergent circumstances. (xi) Treatment of petitions and alien beneficiaries upon a determination that fees were collected from alien beneficiaries Denial or revocation of petition for prohibited fees. ( 1 ( 2 ( 3 (B) One-year denial period of subsequent H-2A petitions. (C) Reimbursement as condition of approval of future H-2A petitions 1 Additional 3-year denial period of subsequent H-2A petitions. ( 2 Successor in interest. ( i ( ii ( iii ( iv ( v ( vi ( vii ( viii ( ix ( x (6) Petition for alien to perform temporary nonagricultural services or labor (H-2B) Petition H-2B nonagricultural temporary worker. (B) Denial or revocation of petition for prohibited fees. ( 1 ( 2 ( 3 (C) One-year denial period of subsequent H-2B petitions. (D) Reimbursement as condition of approval of future H-2B petitions 1 Additional 3-year denial period of subsequent H-2B petitions. ( 2 Successor in interest. ( i ( ii ( iii ( iv ( v ( vi ( vii ( viii ( ix ( x (E) [Reserved] (F) Petitioner agreements and notification requirements 1 Agreements. Federal Register ( 2 Consent. (ii) Temporary services or labor Definition. (B) Nature of petitioner's need. ( 1 One-time occurrence. ( 2 Seasonal need. ( 3 Peakload need. ( 4 Intermittent need. (iii) Procedures. (B) An H-2B petitioner shall be a United States employer, a United States agent, or a foreign employer filing through a United States agent. For purposes of paragraph (h) of this section, a foreign employer is any employer who is not amenable to service of process in the United States. A foreign employer may not directly petition for an H-2B nonimmigrant but must use the services of a United States agent to file a petition for an H-2B nonimmigrant. A United States agent petitioning on behalf of a foreign employer must be authorized to file the petition, and to accept service of process in the United States in proceedings under section 274A of the Act, on behalf of the employer. The petitioning employer shall consider available United States workers for the temporary services or labor, and shall offer terms and conditions of employment which are consistent with the nature of the occupation, activity, and industry in the United States. (C) The petitioner may not file an H-2B petition unless the United States petitioner has applied for a labor certification with the Secretary of Labor or the Governor of Guam within the time limits prescribed or accepted by each, and has obtained a favorable labor certification determination as required by paragraph (h)(6)(iv) or (h)(6)(v) of this section. (D) The Governor of Guam shall separately establish procedures for administering the temporary labor program under his or her jurisdiction. The Secretary of Labor shall separately establish for the temporary labor program under his or her jurisdiction, by regulation at 20 CFR 655, procedures for administering that temporary labor program under his or her jurisdiction, and shall determine the prevailing wage applicable to an application for temporary labor certification for that temporary labor program in accordance with the Secretary of Labor's regulation at 20 CFR 655.10. (E) After obtaining a favorable determination from the Secretary of Labor or the Governor of Guam, as appropriate, the petitioner shall file a petition on the form prescribed by USCIS, accompanied by the labor certification determination and supporting documents, with the director having jurisdiction in the area of intended employment. (iv) Labor certifications, except Guam Secretary of Labor's determination. (B) Validity of the labor certification. (C) U.S. Virgin Islands. (D) Employment start date. (v) Labor certification for Guam Governor of Guam's determination. (B) Validity of labor certification. (C)-(D) [Reserved] (E) Criteria for Guam labor certifications. ( 1 Prevailing wage and working conditions. ( 2 Availability of United States workers. ( i ( ii ( iii ( iv ( v ( vi ( vii (F) Approval and publication of employment systems on Guam— 1 Systems. Federal Register ( 2 Approval of construction wage rates. (G) Reporting. (H) Invalidation of temporary labor certification issued by the Governor of Guam 1 General. ( 2 Notice of intent to invalidate. ( 3 Appeal of invalidation. (vi) Evidence for H-2B petitions. (A) Labor certification. (B) [Reserved] (C) Alien's qualifications. (D) Statement of need. (E) Liability for transportation costs. (vii) Admission Period of admission. (B) Limits on an individual's stay. (C) Period of absence. (D) Traded professional H-2B athletes. (viii) Substitution of beneficiaries. (A) To substitute beneficiaries who were previously approved for consular processing but have not been admitted with aliens who are outside of the United States, the petitioner shall, by letter and a copy of the petition approval notice, notify the consular office at which the alien will apply for a visa or the port of entry where the alien will apply for admission. The petitioner shall also submit evidence of the qualifications of beneficiaries to the consular office or port of entry prior to issuance of a visa or admission, if applicable. (B) To substitute beneficiaries who were previously approved for consular processing but have not been admitted with aliens who are currently in the United States, the petitioner shall file an amended petition with fees at the USCIS Service Center where the original petition was filed, with a copy of the original petition approval notice, a statement explaining why the substitution is necessary, evidence of the qualifications of beneficiaries, if applicable, evidence of the beneficiaries' current status in the United States, and evidence that the number of beneficiaries will not exceed the number allocated on the approved temporary labor certification, such as employment records or other documentary evidence to establish that the number of visas sought in the amended petition were not already issued. The amended petition must retain a period of employment within the same half of the same fiscal year as the original petition. Otherwise, a new temporary labor certification issued by DOL or the Governor of Guam and subsequent H-2B petition are required. (ix) Enforcement. (x)-(xiii) [Reserved] (xiv) Special requirements for additional cap allocations under Public Laws 117-328 and 118-15 Public Law 117-328 and section 101(6) of Division A of Public Law 118-15, Continuing Appropriations Act, 2024 and Other Extensions Act 1 Supplemental allocation for returning workers. 1 1 1 ( i ( ii ( iii ( 2 Supplemental allocation for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. 1 1 1 1 2 (B) Eligibility. ( 1 ( 2 ( i ( ii 2 ( iii ( iv 2 i iii ( v ( vi (C) Processing 1 Petitions filed pursuant to paragraph (h)(6)(xiv)(A)(1)(i) requesting FY 2024 employment start dates on or before March 31, 2024. 1 i ( 2 Petitions filed pursuant to paragraph (h)(6)(xiv)(A)(1)(ii) of this section requesting FY 2024 employment start dates from April 1, 2024 to May 14, 2024. 1 ii ( 3 Petitions filed pursuant to paragraph (h)(6)(xiv)(A)(1)(iii) of this section requesting FY 2024 employment start dates from May 15, 2024 and September 30, 2024. 1 iii ( 4 Petitions filed pursuant to paragraph (h)(6)(xiv)(A)(2) requesting nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica with FY 2024 employment start dates. 2 ( 5 (D) Numerical limitations under paragraphs (h)(6)(xiv)(A)(1) and (2) of this section. 1 2 1 2 1 2 1 2 1 2 1 2 (E) Sunset. (F) Non-severability. 2 1 2 (xv) Special requirements for additional cap allocations under Public Laws 118-47 and 118-83 Public Law 118-47 and sections 101(6) and 106, Division A, Title I of Public Law 118-83 1 Supplemental allocation for returning workers. 1 1 1 ( i ( ii ( iii ( 2 Supplemental allocation for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. 1 1 1 1 2 (B) Eligibility. ( 1 ( 2 ( i ( ii 2 ( iii ( iv 2 i iii ( v ( vi (C) Processing 1 Petitions filed pursuant to paragraph (h)(6)(xv)(A)(1)(i) of this section requesting FY 2025 employment start dates on or before March 31, 2025. 1 i ( 2 Petitions filed pursuant to paragraph (h)(6)(xv)(A)(1)(ii) of this section requesting FY 2025 employment start dates from April 1, 2025 to May 14, 2025. 1 ii ( 3 Petitions filed pursuant to paragraph (h)(6)(xv)(A)(1)(iii) of this section requesting FY 2025 employment start dates from May 15, 2025 and September 30, 2025. 1 iii ( 4 Petitions filed pursuant to paragraph (h)(6)(xv)(A)(2) requesting nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica with FY 2025 employment start dates. 2 ( 5 (D) Numerical limitations under paragraphs (h)(6)(xv)(A)(1) and (2) of this section. 1 2 1 2 1 2 1 2 1 2 1 2 (E) Sunset. (F) Non-severability. 2 1 2 (xvi) Special requirements for additional cap allocations under the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Public Law 119-37 Public Law 119-37 1 General supplemental allocations. 1 iii 1 1 1 ( i ( ii l i ( iii l i ii ( 2 (B) Eligibility. ( 1 ( 2 ( i ( ii ( iii 2 i ii ( iv ( v (C) Processing 1 Petitions filed pursuant to paragraph (h)(6)(xvi)(A)(1)(i) of this section requesting FY 2026 employment start dates from January 1, 2026 to March 31, 2026. 1 i 1 i 1 i 1 ii ( 2 Petitions filed pursuant to paragraph (h)(6)(xvi)(A)(1)(ii) of this section requesting FY 2026 employment start dates from April 1, 2026 to April 30, 2026. 1 ii 1 ii 1 ii 1 iii ( 3 Petitions filed pursuant to paragraph (h)(6)(xvi)(A)(1)(iii) of this section requesting FY 2026 employment start dates from May 1, 2026 to September 30, 2026. 1 iii ( 4 (D) Numerical limitations under 8 CFR 214.2(h)(6)(xvi)(A)(1). 1 1 1 1 1 (E) Sunset. (F) Non-severability. 2 1 (7) Petition for alien trainee or participant in a special education exchange visitor program (H-3) Alien trainee. (A) Externs. (B) Nurses. ( 1 ( 2 (ii) Evidence required for petition involving alien trainee Conditions. ( 1 ( 2 ( 3 ( 4 (B) Description of training program. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (iii) Restrictions on training program for alien trainee. (A) Deals in generalities with no fixed schedule, objectives, or means of evaluation; (B) Is incompatible with the nature of the petitioner's business or enterprise; (C) Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training; (D) Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States; (E) Will result in productive employment beyond that which is incidental and necessary to the training; (F) Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the United States; (G) Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or (H) Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student. (iv) Petition for participant in a special education exchange visitor program General Requirements. 1 ( 2 ( 3 (B) Evidence. ( 1 ( 2 (8) Numerical limits Limits on affected categories. (A) Aliens classified as H-1B nonimmigrants, excluding those involved in Department of Defense research and development projects or coproduction projects, may not exceed the limits identified in section 214(g)(1)(A) of the Act. (B) Aliens classified as H-1B nonimmigrants to work for DOD research and development projects or coproduction projects may not exceed 100 at any time. (C) Aliens classified as H-2B nonimmigrants may not exceed 66,000. (D) Aliens classified as H-3 nonimmigrant participants in a special education exchange visitor program may not exceed 50. (E) Aliens classified as H-1C nonimmigrants may not exceed 500 in a fiscal year. (ii) Procedures. (B) When an approved petition is not used because the beneficiary(ies) does not apply for admission to the United States, the petitioner shall notify the Service Center Director who approved the petition that the number(s) has not been used. The petition shall be revoked pursuant to paragraph (h)(11)(ii) of this section and USCIS will take into account the unused number during the appropriate fiscal year. (C) If the total numbers available in a fiscal year are used, new petitions and the accompanying fee shall be rejected and returned with a notice that numbers are unavailable for the particular nonimmigrant classification until the beginning of the next fiscal year. Petitions received after the total numbers available in a fiscal year are used stating that the alien beneficiaries are exempt from the numerical limitation will be denied and filing fees will not be returned or refunded if USCIS later determines that such beneficiaries are subject to the numerical limitation. (iii) H-1B numerical limitations Registration 1 Registration requirement. www.uscis.gov ( 2 Limitation on beneficiaries. ( 3 Initial registration period. www.uscis.gov ( 4 Selecting registrations based on unique beneficiaries. 4 ii ( i Required information. ( ii Weighted selection. ( 5 Regular cap selection. ( i Fewer registrations than needed to meet the H-1B regular cap. 4 ii ( ii Sufficient registrations to meet the H-1B regular cap during initial registration period. 4 ii ( 6 Advanced degree exemption selection. ( i Fewer registrations than needed to meet the H-1B advanced degree exemption numerical limitation. 4 ii ( ii Sufficient registrations to meet the H-1B advanced degree exemption numerical limitation. 4 ii ( 7 Increase to the number of beneficiaries projected to meet the H-1B regular cap or advanced degree exemption allocations in a fiscal year. 7 4 6 www.uscis.gov. (B) Confirmation. (C) Notification to file H-1B cap-subject petitions. (D) H-1B cap-subject petition filing following registration 1 Filing procedures. 4 i ( 2 Registration fee. ( 3 Filing period. (E) Calculating the number of registrations needed to meet the H-1B regular cap and H-1B advanced degree exemption allocation. (F) Cap exemptions under sections 214(g)(5)(A) and (B) of the Act. ( 1 ( 2 ( i ( ii ( iii ( iv ( 3 ( 4 ( 5 ( 6 ( i 6 ( ii 6 (iv) Suspension of registration requirement Determination to suspend registration requirement. http://www.uscis.gov (B) Petition-based cap-subject selections in event of suspended registration process. ( 1 H-1B regular cap selection in event of suspended registration process. ( 2 Advanced degree exemption selection in event of suspended registration process. (v) Severability. (B) DHS intends that the provisions governing the beneficiary centric selection process in paragraph (h)(8)(iii) of this section, the elimination of the requirement that the requested start date for the beneficiary be the first day for the applicable fiscal year in (h)(8)(iii)(A)( 4 (vi) H-1C numerical limitations. (A) For each fiscal year, the number of visas issued to the states of California, Florida, Illinois, Michigan, New York, Ohio, Pennsylvania, and Texas shall not exceed 50 each (except as provided for in paragraph (h)(8)(vi)(C) of this section). (B) For each fiscal year, the number of visas issued to the states not listed in paragraph (h)(8)(vi)(A) of this section shall not exceed 25 each (except as provided for in paragraph (h)(8)(vi)(C) of this section). (C) If the total number of visas available during the first three quarters of a fiscal year exceeds the number of approvable H-1C petitions during those quarters, visas may be issued during the last quarter of the fiscal year to nurses who will be working in a state whose cap has already been reached for that fiscal year. (D) When an approved H-1C petition is not used because the alien(s) does not obtain H-1C classification, e.g., the alien is never admitted to the United States, or the alien never worked for the facility, the facility must notify the Service according to the instructions contained in paragraph (h)(11)(ii) of this section. The Service will subtract H-1C petitions approved in the current fiscal year that are later revoked from the total count of approved H-1C petitions, provided that the alien never commenced employment with the facility. (E) If the number of alien nurses included in an H-1C petition exceeds the number available for the remainder of a fiscal year, the Service shall approve the petition for the beneficiaries to the allowable amount in the order that they are listed on the petition. The remaining beneficiaries will be considered for approval in the subsequent fiscal year. (F) Once the 500 cap has been reached, the Service will reject any new petitions subsequently filed requesting a work start date prior to the first day of the next fiscal year. (vii) H-2B numerical limitations. i.e., (9) Approval and validity of petition Approval. (B) Where an H-1B petition is approved for less time than requested on the petition, the approval notice will provide or be accompanied by a brief explanation for the validity period granted. (ii) Recording the validity of petitions. (A) If a new H petition is approved before the date the petitioner indicates that the services or training will begin, the approved petition and approval notice shall show the actual dates requested by the petitioner as the validity period, not to exceed the limits specified by paragraph (h)(9)(iii) of this section or other Service policy. (B) If a new H petition is approved after the date the petitioner indicates that the services or training will begin, the approved petition and approval notice shall show a validity period commencing with the date of approval and ending with the date requested by the petitioner, as long as that date does not exceed either the limits specified by paragraph (h)(9)(iii) of this section or other Service policy. (C) If the period of services or training requested by the petitioner exceeds the limit specified in paragraph (h)(9)(iii) of this section, the petition shall be approved only up to the limit specified in that paragraph. (D)( 1 ( 2 (iii) Validity. (A)( 1 H-1B petition in a specialty occupation. ( 2 H-1B petition involving a DOD research and development or coproduction project. ( 3 H-1B petition involving an alien of distinguished merit and ability in the field of fashion modeling. (B) H-2B petition. (C)( 1 H-3 petition for alien trainee. ( 2 H-3 petition for alien participant in a special education training program. (D) H-1C petition for a registered nurse. (E) H-1B petition for certain beneficiary-owned entities. (iv) H-4 dependents. (10) Denial of petition Multiple beneficiaries. (ii) Denial for statement of facts on the petition, H-1B registration, temporary labor certification, or labor condition application, or invalid H-1B registration. (iii) Denial for attempt to unfairly increase the chance of selection. (iv) Notice of denial. (v) H-2A and H-2B violators. 2 2 ( 1 ( 2 ( 3 (B) Except as provided in paragraph (h)(10)(iv)(A) of this section, USCIS may deny any H-2A or H-2B petition filed by a petitioner, or the successor in interest of a petitioner as defined in paragraphs (h)(5)(xi)(C)( 2 2 ( 1 ( i ( ii ( iii ( 2 ( 3 (C) In determining whether the underlying violation(s) in paragraph (h)(10)(iv)(B) of this section calls into question the intention and/or ability of the petitioner or its successor in interest to comply with H-2A or H-2B program requirements, USCIS will consider all relevant factors, including, but not limited to: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 (D) For purposes of paragraph (h)(10)(iv) of this section, a criminal conviction or final administrative or judicial determination against any one of the following individuals will be treated as a conviction or final administrative or judicial determination against the petitioner or successor in interest: ( 1 ( 2 (E)( 1 ( 2 (F) If USCIS has determined in the course of a prior adjudication that a petitioner (or the preceding entity, if the petitioner is a successor in interest) has established its intention and ability to comply with H-2A or H-2B program requirements notwithstanding relevant violation determination(s) under paragraph (h)(10)(iv)(B) of this section, USCIS will not seek to deny a subsequent petition under paragraph (h)(10)(iv)(B) based on the same previous violation determination(s) unless USCIS becomes aware of a new material fact or finds that its previous determination was based on a material error of law. (11) Revocation of approval of petition General. (B) The director may revoke a petition at any time, even after the expiration of the petition. (ii) Immediate and automatic revocation. (iii) Revocation on notice Grounds for revocation. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 (B) Notice and decision. (iv) Effect of H-2A or H-2B petition revocation. (12) Appeal of a denial or a revocation of a petition Denial. (ii) Revocation. (13) Admission General. (B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under section 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count toward fulfillment of the required time abroad. A certain period of absence from the United States of H-2A and H-2B aliens, as set forth in 8 CFR 214.2(h)(5)(viii)(D) and 8 CFR 214.2(h)(6)(vii)(C), respectively, will provide a new total of 3 years that H-2A or H-2B status may be granted. The petitioner must provide information about the alien's employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to reside abroad. (C) An alien admitted or otherwise provided status in H-2A or H-2B classification and their dependents will not be considered to have failed to maintain nonimmigrant status, and will not accrue any period of unlawful presence under section 212(a)(9) of the Act (8 U.S.C. 1182(a)(9)), solely on the basis of a cessation of the employment on which the alien's classification was based, for 60 consecutive days or until the end of the authorized period of admission, whichever is shorter, once during each authorized period of admission. During such a period, the alien may only work as otherwise authorized under 8 CFR 274a.12. (D) An alien in any authorized period described in paragraph (C) of this section may apply for and be granted an extension of stay under 8 CFR 214.1(c)(4) or change of status under 8 CFR 248.1, if otherwise eligible. (ii) H-1C limitation on admission. (iii) H-1B limitation on admission Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. (B) Alien involved in a DOD research and development or coproduction project. (C) Calculating the maximum H-1B admission period. ( 1 ( 2 (D) Lengthy adjudication delay exemption from 214(g)(4) of the Act. 1 ( i ( ii ( 2 ( i ( ii ( iii ( iv ( 3 No final decision while appeal available or pending. 2 i ii ( 4 Substitution of beneficiaries. ( 5 Advance filing. ( 6 Petitioners seeking exemption. ( 7 Subsequent exemption approvals after the 7th year. ( 8 Aggregation of time not permitted. ( 9 Exemption eligibility. ( 10 Limits on future exemptions from the lengthy adjudication delay. (E) Per-country limitation exemption from section 214(g)(4) of the Act. ( 1 Validity periods. ( 2 ( i ( ii ( 3 Current H-1B status not required. ( 4 Subsequent petitioners may seek exemptions. ( 5 Advance filing. ( 6 Exemption eligibility. (iv) H-3 limitation on admission. (v) Exceptions. (14) Extension of visa petition validity. (15) Extension of stay General. (ii) Extension periods H-1C extension of stay. (B) H-1B extension of stay 1 Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. ( 2 Alien in a DOD research and development or coproduction project. (C) H-2A or H-2B extension of stay. (D) H-3 extension of stay. (16) Effect of approval of a permanent labor certification or filing of a preference petition on H classification H-1B or H-1C classification. (ii) H-2A or H-2B classification. (iii) H-3 classification. (17) Effect of a strike. (A) A petition to classify an alien as a nonimmigrant as defined in section 101(a)(15)(H) of the Act shall be denied. (B) If a petition has already been approved, but the alien has not yet entered the United States, or has entered the United States but has not commenced the employment, the approval of the petition is automatically suspended, and the application for admission on the basis of the petition shall be denied. (ii) 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 (h)(17)(i), the Commissioner shall not deny a petition or suspend an approved petition. (iii) If the alien has already commenced employment in the United States under an approved petition 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 Department of Labor, 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 H nonimmigrants; (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; and (C) Although participation by an H 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. (18) Use of approval notice, Form I-797. (19) Additional fee for filing certain H-1B petitions. (A) An initial grant of H-1B status under section 101(a)(15)(H)(i)(b) of the Act; (B) An initial extension of stay, as provided in paragraph (h)(15)(i) of this section; or (C) Authorization for a change in employers, as provided in paragraph (h)(2)(i)(D) of this section. (ii) A petitioner must submit with the petition the ACWIA fee, and any other applicable fees, in accordance with § 103.7 of this chapter, and form instructions. Payment of all applicable fees must be made at the same time, but the petitioner may submit separate checks. USCIS will accept payment of the ACWIA fee only from the United States employer or its representative of record, as defined in 8 CFR 103.2(a) and 8 CFR part 292. (iii) The following exempt organizations are not required to pay the additional fee: (A) An institution of higher education, (B) An affiliated or related nonprofit entity. ( 1 ( 2 ( 3 ( 4 (C) A nonprofit research organization or government research organization. (D) A primary or secondary education institution; or (E) A nonprofit entity which engages in an established curriculum-related clinical training of students registered at an institution of higher education. (iv) Nonprofit or tax exempt organizations. (v) Filing situations where the ACWIA) fee is not required. (A) The petition is an amended H-1B petition that does not contain any requests for an extension of stay; (B) The petition is an H-1B petition filed for the sole purpose of correcting a Service error; or (C) The petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the first extension of stay was filed or whether the ACWIA fee was paid on the initial petition or the first extension of stay. (vi) ACWIA fee exemption evidence. (B) Exempt filing situations. Any non-exempt employer who claims that the ACWIA fee does not apply with respect to a particular filing for one of the reasons described in paragraph (h)(19)(v) of this section must indicate why the ACWIA fee is not required. (20) Retaliatory action claims. (ii) If credible documentary evidence is provided in support of a petition seeking an extension of H-2A or H-2B stay in or change of status to another classification indicating that the beneficiary faced retaliatory action from their employer based on a reasonable claim of a violation or potential violation of any applicable program requirements or based on engagement in another protected activity, USCIS may consider a loss or failure to maintain H-2A or H-2B status by the beneficiary related to such violation as due to, and commensurate with, “extraordinary circumstances” as defined by 8 CFR 214.1(c)(4) and 8 CFR 248.1(b). USCIS will determine the reasonableness of any claim from the perspective of a reasonable person in the H-2A or H-2B worker's position. (21)-(29) [Reserved] (30) Severability. (31) Change of employers and portability for H-2B workers. (A) An alien in valid H-2B nonimmigrant status whose new petitioner files a non-frivolous H-2B petition requesting an extension of the alien's stay on or after January 25, 2024, is authorized to begin employment with the new petitioner after the petition described in this paragraph (h)(31) is received by USCIS and before the new H-2B petition is approved, but no earlier than the start date indicated in the new H-2B petition; or (B) An alien whose new petitioner filed a non-frivolous H-2B petition requesting an extension of the alien's stay before January 25, 2024, that remains pending on January 25, 2024, is authorized to begin employment with the new petitioner before the new H-2B petition is approved, but no earlier than the start date of employment indicated on the new H-2B petition. (ii)(A) With respect to a new petition described in paragraph (h)(31)(i)(A) of this section, and subject to the requirements of 8 CFR 274a.12(b)(34), the new period of employment described in paragraph (h)(31)(i) of this section may last for up to 60 days beginning on the Received Date on Form I-797 (Notice of Action) or, if the start date of employment occurs after the I-797 Received Date, for a period of up to 60 days beginning on the start date of employment indicated in the H-2B petition. (B) With respect to a new petition described in paragraph (h)(31)(i)(B) of this section, the new period of employment described in paragraph (h)(31)(i) of this section may last for up to 60 days beginning on the later of either January 25, 2024, or the start date of employment indicated in the H-2B petition. (C) With respect to either type of new petition, if USCIS adjudicates the new petition before the expiration of this 60-day period and denies the petition, or if the new petition is withdrawn by the petitioner before the expiration of the 60-day period, the employment authorization associated with the filing of that petition under 8 CFR 274a.12(b)(34) will automatically terminate 15 days after the date of the denial decision or 15 days after the date on which the new petition is withdrawn. Nothing in this paragraph (h)(31) is intended to alter the availability of employment authorization related to professional H-2B athletes who are traded between organizations pursuant to paragraph (h)(6)(vii) of this section and 8 CFR 274a.12(b)(9). (iii) In addition to meeting all other requirements in paragraph (h)(6) of this section for the H-2B classification, to commence employment under this paragraph (h)(31): (A) The alien must either: ( 1 ( 2 (B) The petitioner may not impede, interfere, or refuse to cooperate with an employee of the Secretary of the U.S. Department of Labor who is exercising or attempting to exercise DOL's audit or investigative authority under 20 CFR part 655, subpart A, and 29 CFR 503.25. (iv) Authorization to initiate employment changes pursuant to this paragraph (h)(31) begins at 12 a.m. on January 25, 2024, and ends at the end of January 24, 2025. (32) Change of employers and portability for H-2B workers. (A) An alien in valid H-2B nonimmigrant status whose new petitioner files a non-frivolous H-2B petition requesting an extension of the alien's stay on or after January 25, 2025, is authorized to begin employment with the new petitioner after the petition described in this paragraph (h)(32) is received by USCIS and before the new H-2B petition is approved, but no earlier than the start date indicated in the new H-2B petition; or (B) An alien whose new petitioner filed a non-frivolous H-2B petition requesting an extension of the alien's stay before January 25, 2025, that remains pending on January 25, 2025, is authorized to begin employment with the new petitioner before the new H-2B petition is approved, but no earlier than the start date of employment indicated on the new H-2B petition. (ii)(A) With respect to a new petition described in paragraph (h)(32)(i)(A) of this section, and subject to the requirements of 8 CFR 274a.12(b)(35), the new period of employment described in paragraph (h)(32)(i) of this section may last for up to 60 days beginning on the Received Date on Form I-797 (Notice of Action) or, if the start date of employment occurs after the I-797 Received Date, for a period of up to 60 days beginning on the start date of employment indicated in the H-2B petition. (B) With respect to a new petition described in paragraph (h)(32)(i)(B) of this section, the new period of employment described in paragraph (h)(32)(i) of this section may last for up to 60 days beginning on the later of either January 25, 2025, or the start date of employment indicated in the H-2B petition. (C) With respect to either type of new petition, if USCIS adjudicates the new petition before the expiration of this 60-day period and denies the petition, or if the new petition is withdrawn by the petitioner before the expiration of the 60-day period, the employment authorization associated with the filing of that petition under 8 CFR 274a.12(b)(35) will automatically terminate 15 days after the date of the denial decision or 15 days after the date on which the new petition is withdrawn. Nothing in this paragraph (h)(32) is intended to alter the availability of employment authorization related to professional H-2B athletes who are traded between organizations pursuant to paragraph (h)(6)(vii) of this section and 8 CFR 274a.12(b)(9). (iii) In addition to meeting all other requirements in paragraph (h)(6) of this section for the H-2B classification, to commence employment under this paragraph (h)(32): (A) The alien must either: ( 1 ( 2 (B) The petitioner may not impede, interfere, or refuse to cooperate with an employee of the Secretary of the U.S. Department of Labor who is exercising or attempting to exercise DOL's audit or investigative authority under 20 CFR part 655, subpart A, and 29 CFR 503.25. (iv) Authorization to initiate employment changes pursuant to this paragraph (h)(32) begins at 12 a.m. on January 25, 2025, and ends at the end of January 24, 2026. (33) Severability. (i) Representatives of information media In general. (i) The duration of employment, except as provided in paragraph (i)(1)(ii) of this section; or (ii) In the case of an alien who presents a passport issued by the People's Republic of China (PRC) (other than a Hong Kong Special Administrative Region passport or a Macau Special Administrative Region passport), until the activities or assignments consistent with the I classification are completed, not to exceed the maximum period of stay as determined by the Secretary. The Secretary of Homeland Security may determine the maximum period of stay when the Secretary determines an adjustment is needed, with such maximum period to be no longer than one year. In determining the maximum period of stay and whether an adjustment is needed, the Secretary will consider factors including, but not limited to, the average authorized period of stay and press credential validity for U.S. journalists in the PRC, the treatment of U.S. journalists in the PRC, any input from the U.S. Department of State, and such other factors as may affect the U.S. interest. Such determination will be published in the Federal Register (2) Extension of stay. (i) Notwithstanding 8 CFR 274a.12(b)(20), an alien in I status who is described in paragraph (i)(1)(ii) of this section whose status has expired, but who timely filed an application for an extension of stay, is authorized to stay in the United States and continue employment with the same employer for a period not to exceed 90 days beginning on the date of the expiration of the authorized period of stay. However, if USCIS adjudicates the application prior to the expiration of the 90-day period, and denies the application for an extension of stay, the alien must immediately depart the United States. (ii) To request an extension of stay, an alien in I status must file an application to extend his or her stay by submitting the form designated by USCIS, in accordance with that form's instructions, and with the required fee, including any biometrics required by 8 CFR 103.16, as appropriate. Requests for extensions of stay will be adjudicated consistent with international legal obligations, including the United Nations Headquarters Agreement and Organization of American States Headquarters Agreement. (3) Change of status. (4) Applicable maximum period of stay. Federal Register Federal Register (j) Exchange aliens General Eligibility for admission. (ii) Admission period. (iii) Readmission. (iv) Extensions of Stay. (v) Employment. (B) J-2 employment may be authorized for the duration of the J-1 principal alien's authorized stay as indicated on Form I-94 or a period of four years, whichever is shorter. The employment authorization is valid only if the J-1 is maintaining status. Where a J-2 spouse or dependent child has filed a timely application for extension of stay, only upon approval of the request for extension of stay may he or she apply for a renewal of the employment authorization on a Form I-765 with the required fee. (vi) Extension of duration of status. Federal Register, (vii) Use of SEVIS. Federal Register, (viii) Current name and address. (2) Special reporting requirement. (3) Alien in cancelled programs. (4) Eligibility requirements for section 101(a)(15)(J) classification for aliens desiring to participate in programs under which they will receive graduate medical education or training Requirements. (ii) Exemptions. Provided (5) Remittance of the fee. (k) Spouses, Fiancées, and Fiancés of United States Citizens Petition and supporting documents. (2) Requirement that petitioner and K-1 beneficiary have met. (3) Children of beneficiary. (4) Notification. (5) Validity. (6) Adjustment of status from nonimmigrant to immigrant. (i) [Reserved] (ii) Nonimmigrant visa issued on or after November 10, 1986. (7) Eligibility, petition and supporting documents for K-3/K-4 classification. (8) Period of admission for K3/K-4 status. (9) Employment authorization. (10) Extension of stay for K-3/K-4 status General. (A) The Form I-130, Petition for Alien Relative, filed by the K-3's U.S. citizen spouse who filed the Form I-129F; (B) An application for an immigrant visa based on a Form I-130 described in § 214.2(K)(10)(i); (C) A Form I-485, Application for Adjustment to that of Permanent Residence, based on a Form I-130 described in § 214.2(k)(10)(i); (ii) “Good Cause” showing. (11) Termination of K-3/K-4 status. (i) The denial or revocation of the Form I-130 filed on behalf of that alien; (ii) The denial or revocation of the immigrant visa application filed by that alien; (iii) The denial or revocation of the alien's application for adjustment of status to that of lawful permanent residence; (iv) The K-3 spouse's divorce from the U.S. citizen becomes final; (v) The marriage of an alien in K-4 status. (vi) The denial of any of these petitions or applications to a K-3 also results in termination of a dependent K-4's status. For purposes of this section, there is no denial or revocation of a petition or application until the administrative appeal applicable to that application or petition has been exhausted. (l) Intracompany transferees Admission of intracompany transferees General. (ii) Definitions Intracompany transferee (B) Managerial capacity ( 1 ( 2 ( 3 ( 4 (C) Executive capacity ( 1 ( 2 ( 3 ( 4 (D) Specialized knowledge (E) Specialized knowledge professional (F) New office (G) Qualifying organization ( 1 ( 2 ( 3 (H) Doing business (I) Parent (J) Branch (K) Subsidiary (L) Affiliate 1 ( 2 ( 3 (M) Director (2) Filing of petitions. (ii) A United States petitioner which meets the requirements of paragraph (l)(4) of this section and seeks continuing approval of itself and its parent, branches, specified subsidiaries and affiliates as qualifying organizations and, later, classification under section 101(a)(15)(L) of the Act multiple numbers of aliens employed by itself, its parent, or those branches, subsidiaries, or affiliates may file a blanket petition on the form prescribed by USCIS. The blanket petition shall be maintained at the adjudicating office. The petitioner shall be the single representative for the qualifying organizations with which USCIS will deal regarding the blanket petition. (3) Evidence for individual petitions. (i) Evidence that the petitioner and the organization which employed or will employ the alien are qualifying organizations as defined in paragraph (l)(1)(ii)(G) of this section. (ii) Evidence that the alien will be employed in an executive, managerial, or specialized knowledge capacity, including a detailed description of the services to be performed. (iii) Evidence that the alien has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition. (iv) Evidence that the alien's prior year of employment abroad was in a position that was managerial, executive, or involved specialized knowledge and that the alien's prior education, training, and employment qualifies him/her to perform the intended services in the United States; however, the work in the United States need not be the same work which the alien performed abroad. (v) If the petition indicates that the beneficiary is coming to the United States as a manager or executive to open or to be employed in a new office in the United States, the petitioner shall submit evidence that: (A) Sufficient physical premises to house the new office have been secured; (B) The beneficiary has been employed for one continuous year in the three year period preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involved executive or managerial authority over the new operation; and (C) The intended United States operation, within one year of the approval of the petition, will support an executive or managerial position as defined in paragraphs (l)(1)(ii) (B) or (C) of this section, supported by information regarding: ( 1 ( 2 ( 3 (vi) If the petition indicates that the beneficiary is coming to the United States in a specialized knowledge capacity to open or to be employed in a new office, the petitioner shall submit evidence that: (A) Sufficient physical premises to house the new office have been secured; (B) The business entity in the United States is or will be a qualifying organization as defined in paragraph (l)(1)(ii)(G) of this section; and (C) The petitioner has the financial ability to remunerate the beneficiary and to commence doing business in the United States. (vii) If the beneficiary is an owner or major stockholder of the company, the petition must be accompanied by evidence that the beneficiary's services are to be used for a temporary period and evidence that the beneficiary will be transferred to an assignment abroad upon the completion of the temporary services in the United States. (viii) Such other evidence as the director, in his or her discretion, may deem necessary. (4) Blanket petitions. (A) The petitioner and each of those entities are engaged in commercial trade or services; (B) The petitioner has an office in the United States that has been doing business for one year or more; (C) The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and (D) The petitioner and the other qualifying organizations have obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or have a United States work force of at least 1,000 employees. (ii) Managers, executives, and specialized knowledge professionals employed by firms, corporations, or other entities which have been found to be qualifying organizations pursuant to an approved blanket petition may be classified as intracompany transferees and admitted to the United States as provided in paragraphs (l) (5) and (11) of this section. (iii) When applying for a blanket petition, the petitioner shall include in the blanket petition all of its branches, subsidiaries, and affiliates which plan to seek to transfer aliens to the United States under the blanket petition. An individual petition may be filed by the petitioner or organizations in lieu of using the blanket petition procedure. However, the petitioner and other qualifying organizations may not seek L classification for the same alien under both procedures, unless a consular officer first denies eligibility. Whenever a petitioner which has blanket L approval files an individual petition to seek L classification for a manager, executive, or specialized knowledge professional, the petitioner shall advise the Service that it has blanket L approval and certify that the beneficiary has not and will not apply to a consular officer for L classification under the approved blanket petition. (iv) Evidence. (A) Evidence that the petitioner meets the requirements of paragraph (l)(4)(i) of this section. (B) Evidence that all entities for which approval is sought are qualifying organizations as defined in subparagraph (l)(1)(ii)(G) of this section. (C) Such other evidence as the director, in his or her discretion, deems necessary in a particular case. (5) Certification and admission procedures for beneficiaries under blanket petition Jurisdiction. (ii) Procedures. (B) After receipt of Form I-797 and Form I-129S, a qualified employee who is being transferred to the United States may use these documents to apply for visa issuance with the consular officer within six months of the date on Form I-129S. (C) When the alien is a visa-exempt nonimmigrant seeking L classification under a blanket petition, or when the alien is in the United States and is seeking a change of status from another nonimmigrant classification to L classification under a blanket petition, the petitioner shall submit Form I-129S, Certificate of Eligibility, and a copy of the approval notice, Form I-797, to the USCIS office with which the blanket petition was filed. (D) The consular or Service officer shall determine whether the position in which the alien will be employed in the United States is with an organization named in the approved petition and whether the specific job is for a manager, executive, or specialized knowledge professional. The consular or Service officer shall determine further whether the alien's immediate prior year of continuous employment abroad was with an organization named in the petition and was in a position as manager, executive, or specialized knowledge professional. (E) Consular officers may grant “L” classification only in clearly approvable applications. If the consular officer determines that the alien is eligible for L classification, the consular officer may issue a nonimmigrant visa, noting the visa classification “Blanket L-1” for the principal alien and “Blanket L-2” for any accompanying or following to join spouse and children. The consular officer shall also endorse all copies of the alien's Form I-129S with the blanket L-1 visa classification and return the original and one copy to the alien. When the alien is inspected for entry into the United States, both copies of the Form I-129S shall be stamped to show a validity period not to exceed three years and the second copy collected and sent to the appropriate Regional Service Center for control purposes. Service officers who determine eligibility of aliens for L-1 classification under blanket petitions shall endorse both copies of Form I-129S with the blanket L-1 classification and the validity period not to exceed three years and retain the second copy for Service records. (F) If the consular officer determines that the alien is ineligible for L classification under a blanket petition, the consular officer's decision shall be final. The consular officer shall record the reasons for the denial on Form I-129S, retain one copy, return the original of I-129S to the USCIS office which approved the blanket petition, and provide a copy to the alien. In such a case, an individual petition may be filed for the alien on the form prescribed by USCIS. The petition shall state the reason the alien was denied L classification and specify the consular office which made the determination and the date of the determination. (G) An alien admitted under an approved blanket petition may be reassigned to any organization listed in the approved petition without referral to the Service during his/her authorized stay if the alien will be performing virtually the same job duties. If the alien will be performing different job duties, the petitioner shall complete a new Certificate of Eligibility and send it for approval to the director who approved the blanket petition. (6) Copies of supporting documents. (7) Approval of petition General. (A) Individual petition 1 ( 2 ( 3 (B) Blanket petition. 1 ( 2 ( 3 (C) Amendments. i.e., (ii) Spouse and dependents. (8) Denial of petition Individual petition. (ii) Blanket petition. (9) Revocation of approval of individual and blanket petitions General. (ii) Automatic revocation. (iii) Revocation on notice. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (B) The notice of intent to revoke shall contain a detailed statement of the grounds for the revocation and the time period allowed for the petitioner's rebuttal. Upon receipt of this notice, the petitioner may submit evidence in rebuttal within 30 days of the notice. The director shall consider all relevant evidence presented in deciding whether to revoke the petition in whole or in part. If a blanket petition is revoked in part, the remainder of the petition shall remain approved, and a revised Form I-797 shall be sent to the petitioner with the revocation notice. (iv) Status of beneficiaries. (10) Appeal of denial or revocation of individual or blanket petition. (ii) A petition that has been revoked on notice in whole or in part may be appealed under part 103 of this chapter. Automatic revocations may not be appealed. (11) Admission. (12) L-1 limitation on period of stay Limits. (ii) Exceptions. (13) Beneficiary's use of Form I-797 and Form I-129S Beneficiary of an individual petition. (ii) Beneficiary of a blanket petition. (14) Extension of visa petition validity Individual petition. (ii) New offices. (A) Evidence that the United States and foreign entities are still qualifying organizations as defined in paragraph (l)(1)(ii)(G) of this section; (B) Evidence that the United States entity has been doing business as defined in paragraph (l)(1)(ii)(H) of this section for the previous year; (C) A statement of the duties performed by the beneficiary for the previous year and the duties the beneficiary will perform under the extended petition; (D) A statement describing the staffing of the new operation, including the number of employees and types of positions held accompanied by evidence of wages paid to employees when the beneficiary will be employed in a managerial or executive capacity; and (E) Evidence of the financial status of the United States operation. (iii) Blanket petitions Extension procedure. (B) Other conditions. (15) Extension of stay. (ii) An extension of stay may be authorized in increments of up to two years for beneficiaries of individual and blanket petitions. The total period of stay may not exceed five years for aliens employed in a specialized knowledge capacity. The total period of stay for an alien employed in a managerial or executive capacity may not exceed seven years. No further extensions may be granted. When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred. (16) Effect of filing an application for or approval of a permanent labor certification, preference petition, or filing of an application for adjustment of status on L-1 classification. (i) An L-1 petition filed on behalf of the alien, (ii) A request to extend an L-1 petition which had previously been filed on behalf of the alien; (iii) An application for admission as an L-1 nonimmigrant by the alien, or as an L-2 nonimmigrant by the spouse or child of such alien; (iv) An application for change of status to H-1 or L-2 nonimmigrant filed by the alien, or to H-1, H-4, or L-1 status filed by the L-2 spouse or child of such alien; (v) An application for change of status to H-4 nonimmigrant filed by the L-1 nonimmigrant, if his or her spouse has been approved for classification as an H-1; or (vi) An application for extension of stay filed by the alien, or by the L-2 spouse or child of such alien. (17) Filing of individual petitions and certifications under blanket petitions for citizens of Canada under the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Individual petitions. (ii) Certification of eligibility for intracompany transferee under the blanket petition. (iii) Nothing in this section shall preclude or discourage the advance filing of petitions and certificates of eligibility in accordance with paragraph (l)(2) of this section. (iv) Deficient or deniable petitions or certificates of eligibility. (v) Spouse and dependent minor children accompanying or following to join. (B) A non-Canadian citizen spouse or non-Canadian citizen unmarried minor child shall be entitled to the same nonimmigrant classification and the same length of stay subject to the same limits as the principal, but shall be required to present a visa upon application for admission as an L-2 unless otherwise exempt under § 212.1 of this chapter. (C) The spouse and dependent minor children shall not accept employment in the United States unless otherwise authorized under the Act. (18) Denial of intracompany transferee status to citizens of Canada or Mexico in the case of certain labor disputes. (ii) 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 (l)(18)(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 a petition or suspend an approved petition. (iii) If the alien has already commended employment in the United States under an approved petition 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 Department of Labor, 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 L nonimmigrants; (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 work stoppage of workers; and (C) Although participation by an L 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. (m) Students in established vocational or other recognized nonacademic institutions, other than in language training programs. Table 4 to Paragraph ( m (1) Admission of student (2) Form I-20 ID copy (3) Admission of the spouse and minor children of an M-1 student (4) Temporary absence (5) Period of stay (6)-(8) [Reserved] (9) Full course of study (10) Extension of stay (11) School transfer (12) Change in educational objective (13) Employment (14) Practical training (15) Decision on application for extension, permission to transfer to another school, or permission to accept employment for practical training (16) Reinstatement to student status (17) Spouse and children of M-1 student (18) Current name and address (19) Special rules for certain border commuter students (20) Remittance of the fee (1) Admission of student Eligibility for admission. (A) The student presents a Form I-20 or successor form issued in the student's own name by a school certified by SEVP for attendance by M-1 foreign students; (B) The student has documentary evidence of financial support in the amount indicated on the Form I-20 or successor form; and (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 Form I-20 or successor form. (ii) [Reserved] (iii) Use of SEVIS. e.g., (2) Student maintenance of Form I-20 or successor form. (3) Admission of the spouse and minor children of an M-1 student. (4) Temporary absence General. (A) A properly endorsed Form I-20 or successor form if there has been no substantive change in the information on the student's most recent Form I-20 or successor form since the form was initially issued; or (B) A new Form I-20 or successor form if there has been any substantive change in the information on the student's most recent Form I-20 or successor form since the form was initially issued. (ii) Student who transferred between schools. (5) Period of stay. (6)-(8) [Reserved] (9) Full course of study. (i) Community college or junior college. (ii) Postsecondary vocational or business school. (A) 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 (B) A school accredited by a nationally recognized accrediting body; and which has been certified by a designated school official to consist of at least 12 clock hours of instruction a week, or its equivalent as determined by SEVP in the school certification process; (iii) Study in a vocational or other nonacademic curriculum, other than in a language training program except as provided in § 214.3(a)(2)(iv), 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 at least twenty-two clock hours a week if the dominant part of the course of study consists of shop or laboratory work; or (iv) Study in a vocational or other nonacademic high school curriculum, certified by a designated school official to consist of class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress towards graduation. (v) On-line courses/distance education programs. (vi) Reduced course load. (A) [Reserved] (B) Reporting requirements. (10) Extension of stay Eligibility. (A) He or she is a bona fide nonimmigrant currently maintaining student status; (B) Compelling educational or medical reasons have resulted in a delay to his or her course of study. Delays caused by academic probation or suspension are not acceptable reasons for program extension; and (C) He or she is able to, and in good faith intends to, continue to maintain that status for the period for which the extension is granted. (ii) Application. (iii) Period of stay. (iv) SEVIS update. (11) School transfer Eligibility. (A) Is a bona fide nonimmigrant; (B) Has been pursuing a full course of study at the school the student was last authorized to attend; (C) Intends to pursue a full course of study at the school to which the student intends to transfer; and (D) Is financially able to attend the school to which the student intends to transfer. (ii) Transfer procedure. (iii) Student who has not been pursuing a full course of study. (12) Change in educational objective. (13) Employment. (14) Practical training When practical training may be authorized. (A) The proposed employment is recommended for the purpose of practical training; (B) The proposed employment is related to the student's course of study; and (C) Upon the designated school official's information and belief, employment comparable to the proposed employment is not available to the student in the country of the student's foreign residence. (ii) Application. (A) The proposed employment is recommended for the purpose of practical training; (B) The proposed employment is related to the student's course of study; and (C) Upon the designated school official's information and belief, employment comparable to the proposed employment is not available to the student in the country of the student's foreign residence. (iii) Duration of practical training. (iv) Temporary absence of M-1 student granted practical training. (v) Effect of strike or other labor dispute. (vi) SEVIS process. (15) Decision on application for extension, permission to transfer to another school, or permission to accept employment for practical training. (16) Reinstatement to student status General. (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 DHS regulations; (C) Is currently pursuing, or intends to pursue, a full course of study at the school which issued the Form I-20 or successor form; (D) Has not engaged in unlawful 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 USCIS, by a detailed showing, either that: ( 1 ( 2 (ii) Decision. (17) Spouse and children of M-1 student. (i) Employment. (ii) Study M-2 post-secondary/vocational study 1 Authorized study at SEVP-certified schools. ( 2 Full course of study. (B) M-2 elementary or secondary study. (C) An M-2 spouse or child violates his or her nonimmigrant status by enrolling in any study except as provided in paragraph (m)(17)(ii)(A) or (B) of this section. (18) Current name and address. (19) Special rules for certain border commuter students Applicability. (A) Residing in the United States while attending a certified school as an M-1 student; or (B) Enrolled in a full course of study as defined in paragraph (m)(9) of this section. (ii) Full course of study. (iii) Period of stay. (iv) Employment. (20) Remittance of the fee. (n) Certain parents and children of section 101(a)(27)(I) special immigrants Parent of special immigrant. (2) Child of section 101(a)(27)(I) special immigrants and section 101(a)(15)(N)(i) nonimmigrants. (3) Admission and extension of stay. (4) Employment. (o) Aliens of extraordinary ability or achievement Classifications General. (ii) Description of classifications. ( 1 ( 2 (B) An O-2 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must: ( 1 ( 2 (2) Filing of petitions General. (ii) Evidence required to accompany a petition. (A) The evidence specified in the particular section for the classification; (B) Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed; (C) An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and (D) A written advisory opinion(s) from the appropriate consulting entity or entities. (iii) Form of documentation. (A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien's achievement and be executed by an officer or responsible person employed by the institution, firm, establishment, or organization where the work was performed. (B) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or in the case of a motion picture or television production, the extraordinary achievement of the alien, shall specifically describe the alien's recognition and ability or achievement in factual terms and set forth the expertise of the affiant and the manner in which the affiant acquired such information. (C) A legible photocopy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director. (iv) Other filing situations Services in more than one location. (B) Services for more than one employer. (C) Change of employer. (D) Amended petition. (E) Agents as petitioners. ( 1 ( 2 ( 3 (F) Multiple beneficiaries. (G) Traded professional O-1 athletes. (3) Petition for alien of extraordinary ability or achievement (O-1) General. (ii) Definitions. Arts Event Extraordinary ability in the field of arts Extraordinary ability in the field of science, education, business, or athletics Extraordinary achievement Peer group (iii) Evidentiary criteria for an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics. (A) Receipt of a major, internationally recognized award, such as the Nobel Prize; or (B) At least three of the following forms of documentation: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 (C) If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility. (iv) Evidentiary criteria for an O-1 alien of extraordinary ability in the arts. (A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or (B) At least three of the following forms of documentation: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (C) If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility. (v) Evidentiary criteria for an alien of extraordinary achievement in the motion picture or television industry. (A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or (B) At least three of the following forms of documentation: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (4) Petition for an O-2 accompanying alien General. (ii) Evidentiary criteria for qualifying as an O-2 accompanying alien Alien accompanying an O-1 artist or athlete of extraordinary ability. (B) Alien accompanying an O-1 alien of extraordinary achievement. (C) The evidence shall establish the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien and that the alien has substantial experience performing the critical skills and essential support services for the O-1 alien. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the United States, and will take place inside the United States, and that the continuing participation of the alien is essential to the successful completion of the production. (5) Consultation General. (B) Except as provided in paragraph (o)(5)(i)(E) of this section, evidence of consultation shall be in the form of a written advisory opinion from a peer group (which could include a person or persons with expertise in the field), labor and/or management organization with expertise in the specific field involved. (C) Except as provided in paragraph (o)(5)(i)(E) of this section, the petitioner shall obtain a written advisory opinion from a peer group (which could include a person or persons with expertise in the field), labor, and/or management organization with expertise in the specific field involved. The advisory opinion shall be submitted along with the petition when the petition is filed. If the advisory opinion is not favorable to the petitioner, the advisory opinion must set forth a specific statement of facts which supports the conclusion reached in the opinion. Advisory opinions must be submitted in writing and must be signed by an authorized official of the group or organization. (D) Except as provided in paragraph (o)(5)(i)(E) and (G) of this section, written evidence of consultation shall be included in the record in every approved O petition. Consultations are advisory and are not binding on the Service. (E) In a case where the alien will be employed in the field of arts, entertainment, or athletics, and the Service has determined that a petition merits expeditious handling, the Service shall contact the appropriate labor and/or management organization and request an advisory opinion if one is not submitted by the petitioner. The labor and/or management organization shall have 24 hours to respond to the Service's request. The Service shall adjudicate the petition after receipt of the response from the consulting organization. The labor and/or management organization shall then furnish the Service with a written advisory opinion within 5 days of the initiating request. If the labor and/or management organization fails to respond within 24 hours, the Service shall render a decision on the petition without the advisory opinion. (F) In a routine processing case where the petition is accompanied by a written opinion from a peer group, but the peer group is not a labor organization, the Director will forward a copy of the petition and all supporting documentation to the national office of the appropriate labor organization within 5 days of receipt of the petition. If there is a collective bargaining representative of an employer's employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization for purposes of this section. The labor organization will then have 15 days from receipt of the petition and supporting documents to submit to the Service a written advisory opinion, comment, or letter of no objection. Once the 15-day period has expired, the Director shall adjudicate the petition in no more than 14 days. The Director may shorten this time in his or her discretion for emergency reasons, if no unreasonable burden would be imposed on any participant in the process. If the labor organization does not respond within 15 days, the Director will render a decision on the record without the advisory opinion. (G) In those cases where it is established by the petitioner that an appropriate peer group, including a labor organization, does not exist, the Service shall render a decision on the evidence of record. (ii) Consultation requirements for an O-1 alien for extraordinary ability Content. (B) Waiver of consultation of certain aliens of extraordinary ability in the field of arts. (iii) Consultation requirements for an O-1 alien of extraordinary achievement. (iv) Consultation requirements for an O-2 accompanying alien. (v) Organizations agreeing to provide advisory opinions. (6) Approval and validity of petition Approval. (ii) Recording the validity of petitions. (A) If a new O petition is approved before the date the petitioner indicates the services will begin, the approved petition and approval notice shall show the actual dates requested by the petitioner, not to exceed the limit specified by paragraph (o)(6)(iii) of this section or other Service policy. (B) If a new 0 petition is approved after the date the petitioner indicates the services will begin, the approved petition and approval notice shall generally show a validity period commencing with the date of approval and ending with the date requested by the petitioner, not to exceed the limit specified by paragraph (o)(6)(iii) of this section or other Service policy. (C) If the period of services requested by the petitioner exceeds the limit specified in paragraph (o)(6)(iii) of this section, the petition shall be approved only up to the limit specified in that paragraph. (iii) Validity O-1 petition. (B) O-2 petition. (iv) Spouse and dependents. (7) The petitioner shall be notified of the decision, the reasons for the denial, and the right to appeal the denial under 8 CFR part 103. (8) Revocation of approval of petition General. (B) The Director may revoke a petition at any time, even after the validity of the petition has expired. (ii) Automatic revocation. (iii) Revocation on notice Grounds for revocation. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Notice and decision. (9) Appeal of a denial or a revocation of a petition Denial. (ii) Revocation. (10) Admission. (11) Extension of visa petition validity. (12) Extension of stay Extension procedure. (ii) Extension period. (iii) Denial of an extension of stay. (13) Effect of approval of a permanent labor certification or filing of a preference petition on O classification. (14) Effect of a strike. (A) A petition to classify an alien as a nonimmigrant as defined in section 101(a)(15)(O) of the Act shall be denied; or (B) If a petition has been approved, but the alien has not yet entered the United States, or has entered the United States but has not commenced employment, the approval of the petition is automatically suspended, and the application for admission on the basis of the petition shall be denied. (ii) 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 (o)(14)(i) of this section, the Commissioner shall not deny a petition or suspend an approved petition. (iii) If the alien has already commenced employment in the United States under an approved petition and is participating in a strike or 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, 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 thereunder in the same manner as are all other O nonimmigrants; (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; and (C) Although participation by an O nonimmigrant alien in a strike or other labor dispute involving a work stoppage of workers will not constitute a ground for deportation, and 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. (15) Use of approval notice, Form I-797. (16) Return transportation requirement. (p) Artists, athletes, and entertainers Classifications General. (ii) Description of classification. ( 1 ( 2 (B) A P-2 classification applies to an alien who is coming temporarily to the United States to perform as an artist or entertainer, individually or as part of a group, or to perform as an integral part of the performance of such a group, and who seeks to perform under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states, and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers. (C) A P-3 classification applies to an alien artist or entertainer who is coming temporarily to the United States, either individually or as part of a group, or as an integral part of the performance of the group, to perform, teach, or coach under a commercial or noncommercial program that is culturally unique. (2) Filing of petitions General. (ii) Evidence required to accompany a petition for a P nonimmigrant. (A) The evidence specified in the specific section of this part for the classification; (B) Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien(s) will be employed; (C) An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and (D) A written consultation from a labor organization. (iii) Form of documentation. (A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien's achievement and be executed by an officer or responsible person employed by the institution, establishment, or organization where the work has performed. (B) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or, in the case of a motion picture or television production, the extraordinary achievement of the alien, which shall specifically describe the alien's recognition and ability or achievement in factual terms. The affidavit must also set forth the expertise of the affiant and the manner in which the affiant acquired such information. (C) A legible copy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director. (iv) Other filing situations Services in more than one location. (B) Services for more than one employer. (C) Change of employer 1 General. ( 2 Traded professional P-1 athletes. (D) Amended petition. (E) Agents as petitioners. ( 1 ( 2 ( 3 (F) Multiple beneficiaries. (G) Named beneficiaries. (H) Substitution of beneficiaries. (3) Definitions. Arts Competition, event, or performance Contract Culturally unique Essential support alien Group Internationally recognized Member of a group Sponsor Team (4) Petition for an internationally recognized athlete or member of an internationally recognized entertainment group (P-1) Types of classification P-1 classification as an athlete in an individual capacity. (B) P-1 classification as a member of an entertainment group or an athletic team. (ii) Criteria and documentary requirements for P-1 athletes General. (B) Evidentiary requirements for an internationally recognized athlete or athletic team. ( 1 ( 2 ( i ( ii ( iii ( iv ( v ( vi ( vii (iii) Criteria and documentary requirements for members of an internationally recognized entertainment group General. 2 (B) Evidentiary criteria for members of internationally recognized entertainment groups. ( 1 ( 2 ( 3 ( i ( ii ( iii ( iv ( v ( vi (C) Special provisions for certain entertainment groups 1 Alien circus personnel. ( 2 Certain nationally known entertainment groups. ( 3 Waiver of 1-year relationship in exigent circumstances. (iv) P-1 classification as an essential support alien General. (B) Evidentiary criteria for a P-1 essential support petition. ( 1 ( 2 ( 3 (5) Petition for an artist or entertainer under a reciprocal exchange program (P-2) General. (B) The exchange of artists or entertainers shall be similar in terms of caliber of artists or entertainers, terms and conditions of employment, such as length of employment, and numbers of artists or entertainers involved in the exchange. However, this requirement does not preclude an individual for group exchange. (C) An alien who is an essential support person as defined in paragraph (p)(3) of this section may be accorded P-2 classification based on a support relationship to a P-2 artist or entertainer under a reciprocal exchange program. (ii) Evidentiary requirements for petition involving a reciprocal exchange program. (A) A copy of the formal reciprocal exchange agreement between the U.S. organization or organizations which sponsor the aliens and an organization or organizations in a foreign country which will receive the U.S. artist or entertainers; (B) A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which P-2 classification is being sought; (C) Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers; and (D) Evidence that the aliens for whom P-2 classification is being sought and the U.S. artists or entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar. (iii) P-2 classification as an essential support alien General. (B) Evidentiary criteria for a P-2 essential support petition. ( 1 ( 2 ( 3 (6) Petition for an artist or entertainer under a culturally unique program General. (B) The artist or entertainer must be coming to the United States to participate in a cultural event or events which will further the understanding or development of his or her art form. The program may be of a commercial or noncommercial nature. (ii) Evidentiary criteria for a petition involving a culturally unique program. (A) Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the alien's or the group's skills in performing, presenting, coaching, or teaching the unique or traditional art form and giving the credentials of the expert, including the basis of his or her knowledge of the alien's or group's skill, or (B) Documentation that the performance of the alien or group is culturally unique, as evidence by reviews in newspapers, journals, or other published materials; and (C) Evidence that all of the performances or presentations will be culturally unique events. (iii) P-3 classification as an essential support alien General. (B) Evidentiary criteria for a P-3 essential support petition. ( 1 ( 2 ( 3 (7) Consultation General. (B) Except as provided in paragraph (p)(7)(i)(E) of this section, evidence of consultation shall be a written advisory opinion from an appropriate labor organization. (C) Except as provided in paragraph (p)(7)(i)(E) of this section, the petitioner shall obtain a written advisory opinion from an appropriate labor organization. The advisory opinion shall be submitted along with the petition when the petition is filed. If the advisory opinion is not favorable to the petitioner, the advisory opinion must set forth a specific statement of facts which support the conclusion reached in the opinion. Advisory opinions must be submitted in writing and signed by an authorized official of the organization. (D) Except as provided in paragraph (p)(7)(i) (E) and (F) of this section, written evidence of consultation shall be included in the record of every approved petition. Consultations are advisory and are not binding on the Service. (E) In a case where the Service has determined that a petition merits expeditious handling, the Service shall contact the labor organization and request an advisory opinion if one is not submitted by the petitioner. The labor organization shall have 24 hours to respond to the Service's request. The Service shall adjudicate the petition after receipt of the response from the labor organization. The labor organization shall then furnish the Service with a written advisory opinion within 5 working days of the request. If the labor organization fails to respond within 24 hours, the Service shall render a decision on the petition without the advisory opinion. (F) In those cases where it is established by the petitioner that an appropriate labor organization does not exist, the Service shall render a decision on the evidence of record. (ii) Consultation requirements for P-1 athletes and entertainment groups. (iii) Consultation requirements for P-1 circus personnel. (iv) Consultation requirements for P-2 alien in a reciprocal exchange program. (v) Consultation requirements for P-3 in a culturally unique program. (vi) Consultation requirements for essential support aliens. (vii) Labor organizations agreeing to provide consultations. (8) Approval and validity of petition Approval. (ii) Recording the validity of petitions. (A) If a new P petition is approved before the date the petitioner indicates the services will begin, the approved petition and approval notice shall show the actual dates requested by the petitioner as the validity period, not to exceed the limit specified in paragraph (p)(8)(iii) of this section or other Service policy. (B) If a new P petition is approved after the date the petitioner indicates the services will begin, the approved petition and approval notice shall generally show a validity period commencing with the date of approval and ending with the date requested by the petitioner, not to exceed the limit specified in paragraph (p)(8)(iii) of this section or other Service policy. (C) If the period of services requested by the petitioner exceeds the limit specified in paragraph (p)(8)(iii) of this section, the petition shall be approved only up to the limit specified in that paragraph. (iii) Validity. (A) P-1 petition for athletes. (B) P-1 petition for an entertainment group. (C) P-2 and P-3 petitions for artists or entertainers. (D) Spouse and dependents. (E) Essential support aliens. (9) The petitioner shall be notified of the decision, the reasons for the denial, and the right to appeal the denial under 8 CFR part 103. There is no appeal from a decision to deny an extension of stay to the alien or a change of nonimmigrant status. (10) Revocation of approval of petition General. (B) The Director may revoke a petition at any time, even after the validity of the petition has expired. (ii) Automatic revocation. (iii) Revocation on notice Grounds for revocation. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Notice and decision. (11) Appeal of a denial or a revocation of a petition Denial. (ii) Revocation. (12) Admission. (13) Extension of visa petition validity. (14) Extension of stay Extension procedure. (ii) Extension periods P-1 individual athlete. (B) Other P-1, P-2, and P-3 aliens. (15) Effect of approval of a permanent labor certification or filing of a preference petition on P classification. (16) Effect of a strike. (A) A petition to classify an alien as a nonimmigrant as defined in section 101(a)(15)(P) of the Act shall be denied; or (B) If a petition has been approved, but the alien has not yet entered the United States, or has entered the United States but has not commenced employment, the approval of the petition is automatically suspended, and the application for admission of the basis of the petition shall be denied. (ii) 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 (p)(16)(i) of this section, the Commissioner shall not deny a petition or suspend an approved petition. (iii) If the alien has already commenced employment in the United States under an approved petition and is participating in a strike or 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, 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 thereunder in the same manner as all other P nonimmigrant aliens; (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; and (C) Although participation by a P nonimmigrant alien in a strike or other labor dispute involving a work stoppages of workers will not constitute a ground for deportation, an 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. (17) Use of approval of notice, Form I-797. (18) Return transportation requirement. (q) Cultural visitors International cultural exchange visitors program. (ii) Irish peace process cultural and training program. (iii) Definitions. Country of nationality Doing business Duration of program International cultural exchange visitor Petitioner Qualified employer (2) Admission of international cultural exchange visitor General. (ii) Limitation on admission. (3) International cultural exchange program General. (ii) Program validity. (iii) Requirements for program approval. (A) Accessibility to the public. (B) Cultural component. (C) Work component. (iv) Requirements for international cultural exchange visitors. (A) Is at least 18 years of age at the time the petition is filed; (B) Is qualified to perform the service or labor or receive the type of training stated in the petition; (C) Has the ability to communicate effectively about the cultural attributes of his or her country of nationality to the American public; and (D) Has resided and been physically present outside of the United States for the immediate prior year, if he or she was previously admitted as an international cultural exchange visitor. (4) Supporting documentation Documentation by the employer. (A) Maintains an established international cultural exchange program in accordance with the requirements set forth in paragraph (q)(3) of this section; (B) Has designated a qualified employee as a representative who will be responsible for administering the international cultural exchange program and who will serve as liaison with the Immigration and Naturalization Service; (C) Is actively doing business in the United States; (D) Will offer the alien(s) wages and working conditions comparable to those accorded local domestic workers similarly employed; and (E) Has the financial ability to remunerate the participant(s). (ii) Certification by petitioner. (B) The petitioner must report the international cultural exchange visitors' wages and certify that such cultural exchange visitors are offered wages and working conditions comparable to those accorded to local domestic workers similarly employed. (iii) Supporting documentation as prescribed in paragraphs (q)(4)(i) and (q)(4)(ii) of this section must accompany a petition filed on the form prescribed by USCIS in all cases except where the employer files multiple petitions in the same calendar year. When petitioning to repeat a previously approved international cultural exchange program, a copy of the initial program approval notice may be submitted in lieu of the documentation required under paragraph (q)(4)(i) of this section. The Service will request additional documentation only when clarification is needed. (5) Filing of petitions for international cultural exchange visitor program General. (ii) Petition for multiple participants. (iii) Service, labor, or training in more than one location. (iv) Services, labor, or training for more than one employer. (v) Change of employers. (6) Substitution or replacements of participants in an international cultural exchange visitor program. (7) Approval of petition for international cultural exchange visitor program. (ii) The director shall notify the petitioner and the appropriate United States consulate(s) of the approval of a petition. For participants who are visa-exempt under 8 CFR 212.1(a), the director shall give notice of the approval to the director of the port of entry at which each such participant will apply for admission to the United States. The notice of approval shall include the name of the international cultural exchange visitors, their classification, and the petition's period of validity. (iii) An approved petition for an alien classified under section 101(a)(15)(Q)(i) of the Act is valid for the length of the approved program or fifteen (15) months, whichever is shorter. (iv) A petition shall not be approved for an alien who has an aggregate of fifteen (15) months in the United States under section 101(a)(15)(Q)(i) of the Act, unless the alien has resided and been physically present outside the United States for the immediate prior year. (8) Denial of the petition Notice of denial. (ii) Multiple participants. (9) Revocation of approval of petition General. (ii) Automatic revocation. (iii) Revocation on notice. (A) The international cultural exchange visitor is no longer employed by the petitioner in the capacity specified in the petition, or if the international cultural exchange visitor is no longer receiving training as specified in the petition; (B) The statement of facts contained in the petition was not true and correct; (C) The petitioner violated the terms and conditions of the approved petition; or (D) The Service approved the petition in error. (iv) Notice and decision. (v) Appeal of a revocation of a petition. (10) Extension of stay. (11) Employment provisions General. (ii) Wages and working conditions. (12)-(14) [Reserved] (15) Irish peace process cultural and training program visitors (Q-2) and their dependents (Q-3) General. (ii) What are the requirements for participation? (B) The principal alien must be between the ages of 18 and 35. (C) The principal alien must: ( 1 i.e., ( 2 (D) The principal alien must intend to come to the United States temporarily, for a period not to exceed 36 months, in order to obtain training, employment, and the experience of coexistence and conflict resolution in a diverse society. (iii) Are there any limitations on admissions? (B) For each alien admitted under section 101(a)(15)(Q)(ii) of the Act, the number of aliens admitted under section 101(a)(15)(H)(ii)(b) of the Act is reduced by one for that fiscal year or the subsequent fiscal year. (C) This program expires on October 1, 2005. (iv) What are the requirements for initial admission to the United States? (B) Initial admission for those principal and dependent aliens in this program who received their visas at either the U.S. Embassy in Dublin or the U.S. Consulate in Belfast must take place at the Service's Pre-Flight Inspection facilities at either the Shannon or Dublin airports in the Republic of Ireland. (C) The principal alien will be required to present a Certification Letter issued by the Department of State's (DOS') Program Administrator documenting him or her as an individual selected for participation in the IPPCTP. Eligible dependents may be requested to present written documentation certifying their relationship to the principal. (v) May the principal alien and dependents make brief visits outside the United States? (B) Those participants or dependents who remain outside the United States in excess of 3 consecutive months will not be readmitted by the Service on their initial Q-2 or Q-3 visa. Instead, any such individual and eligible dependents wishing to rejoin the program will be required to reapply to the program and be in receipt of a new Q-2 or Q-3 visa and a Certification Letter issued by the DOS' Program Administrator, prior to any subsequent admission to the United States. (vi) How long may a Q-2 or Q-3 visa holder remain in the United States under this program? (B) Those participants and eligible dependents admitted for specific periods less than 36 months may extend their period of stay through the Service so that their total period of stay is 36 months, provided the extension of stay is related to employment or training certified by the DOS' Program Administrator. (vii) How is employment authorized under this program? (B) The accompanying spouse and minor children of the principal alien may not accept employment, unless the spouse has also been designated as a principal alien (Q-2) in this program and has been issued a Certification Letter by the DOS' Program Administrator. (viii) May the principal alien change employers? (ix) May the principal alien hold other jobs during his/her U.S. visit? (x) What happens if a principal alien loses his/her job? (r) Religious workers. (1) To be approved for temporary admission to the United States, or extension and maintenance of status, for the purpose of conducting the activities of a religious worker for a period not to exceed five years, an alien must: (i) Be a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately preceding the time of application for admission; (ii) Be coming to the United States to work at least in a part time position (average of at least 20 hours per week); (iii) Be coming solely as a minister or to perform a religious vocation or occupation as defined in paragraph (r)(3) of this section (in either a professional or nonprofessional capacity); (iv) Be coming to or remaining in the United States at the request of the petitioner to work for the petitioner; and (v) Not work in the United States in any other capacity, except as provided in paragraph (r)(2) of this section. (2) An alien may work for more than one qualifying employer as long as each qualifying employer submits a petition plus all additional required documentation as prescribed by USCIS regulations. (3) Definitions. Bona fide non-profit religious organization in the United States Bona fide organization which is affiliated with the religious denomination Denominational membership Minister (A) Is fully authorized by a religious denomination, and fully trained according to the denomination's standards, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination; (B) Is not a lay preacher or a person not authorized to perform duties usually performed by clergy; (C) Performs activities with a rational relationship to the religious calling of the minister; and (D) Works solely as a minister in the United States which may include administrative duties incidental to the duties of a minister. Petition Religious denomination (A) A recognized common creed or statement of faith shared among the denomination's members; (B) A common form of worship; (C) A common formal code of doctrine and discipline; (D) Common religious services and ceremonies; (E) Common established places of religious worship or religious congregations; or (F) Comparable indicia of a bona fide religious denomination. Religious occupation (A) The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination; (B) The duties must be primarily related to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination; (C) The duties do not include positions which are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible; and (D) Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status. Religious vocation Religious worker Tax-exempt organization (4) Requirements for admission/change of status; time limits Principal applicant (R-1 nonimmigrant). (ii) Spouse and children (R-2 status). (A) R-2 status is granted for the same period of time and subject to the same limits as the principal, regardless of the time such spouse and children may have spent in the United States in R-2 status; (B) Neither the spouse nor children may accept employment while in the United States in R-2 status; and (C) The primary purpose of the spouse or children coming to the United States must be to join or accompany the principal R-1 alien. (5) Extension of stay or readmission. (6) Limitation on total stay. (7) Jurisdiction and procedures for obtaining R-1 status. (8) Attestation. (i) That the prospective employer is a bona fide non-profit religious organization or a bona fide organization which is affiliated with the religious denomination and is exempt from taxation; (ii) That the alien has been a member of the denomination for at least two years and that the alien is otherwise qualified for the position offered; (iii) The number of members of the prospective employer's organization; (iv) The number of employees who work at the same location where the beneficiary will be employed and a summary of the type of responsibilities of those employees. USCIS may request a list of all employees, their titles, and a brief description of their duties at its discretion; (v) The number of aliens holding special immigrant or nonimmigrant religious worker status currently employed or employed within the past five years by the prospective employer's organization; (vi) The number of special immigrant religious worker and nonimmigrant religious worker petitions and applications filed by or on behalf of any aliens for employment by the prospective employer in the past five years; (vii) The title of the position offered to the alien and a detailed description of the alien's proposed daily duties; (viii) Whether the alien will receive salaried or non-salaried compensation and the details of such compensation; (ix) That the alien will be employed at least 20 hours per week; (x) The specific location(s) of the proposed employment; and (xi) That the alien will not be engaged in secular employment. (9) Evidence relating to the petitioning organization. (i) A currently valid determination letter from the IRS showing that the organization is a tax-exempt organization; or (ii) For a religious organization that is recognized as tax-exempt under a group tax-exemption, a currently valid determination letter from the IRS establishing that the group is tax-exempt; or (iii) For a bona fide organization that is affiliated with the religious denomination, if the organization was granted tax-exempt status under section 501(c)(3), or subsequent amendment or equivalent sections of prior enactments, of the Internal Revenue Code, as something other than a religious organization: (A) A currently valid determination letter from the IRS establishing that the organization is a tax-exempt organization; (B) Documentation that establishes the religious nature and purpose of the organization, such as a copy of the organizing instrument of the organization that specifies the purposes of the organization; (C) Organizational literature, such as books, articles, brochures, calendars, flyers, and other literature describing the religious purpose and nature of the activities of the organization; and (D) A religious denomination certification. The religious organization must complete, sign and date a statement certifying that the petitioning organization is affiliated with the religious denomination. The statement must be submitted by the petitioner along with the petition. (10) Evidence relating to the qualifications of a minister. (i) A copy of the alien's certificate of ordination or similar documents reflecting acceptance of the alien's qualifications as a minister in the religious denomination; and (ii) Documents reflecting acceptance of the alien's qualifications as a minister in the religious denomination, as well as evidence that the alien has completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination, including transcripts, curriculum, and documentation that establishes that the theological education is accredited by the denomination, or (iii) For denominations that do not require a prescribed theological education, evidence of: (A) The denomination's requirements for ordination to minister; (B) The duties allowed to be performed by virtue of ordination; (C) The denomination's levels of ordination, if any; and (D) The alien's completion of the denomination's requirements for ordination. (11) Evidence relating to compensation. (i) Salaried or non-salaried compensation. (ii) Self support. (B) An established program for temporary, uncompensated work is defined to be a missionary program in which: ( 1 ( 2 ( 3 ( 4 (C) The petitioner must submit evidence demonstrating: ( 1 ( 2 ( 3 ( 4 ( 5 (12) Evidence of previous R-1 employment. (i) Received salaried compensation, the petitioner must submit IRS documentation that the alien received a salary, such as an IRS Form W-2 or certified copies of filed income tax returns, reflecting such work and compensation for the preceding two years. (ii) Received non-salaried compensation, the petitioner must submit IRS documentation of the non-salaried compensation if available. If IRS documentation is unavailable, an explanation for the absence of IRS documentation must be provided, and the petitioner must provide verifiable evidence of all financial support, including stipends, room and board, or other support for the beneficiary by submitting a description of the location where the beneficiary lived, a lease to establish where the beneficiary lived, or other evidence acceptable to USCIS. (iii) Received no salary but provided for his or her own support, and that of any dependents, the petitioner must show how support was maintained by submitting with the petition verifiable documents such as audited financial statements, financial institution records, brokerage account statements, trust documents signed by an attorney, or other evidence acceptable to USCIS. (13) Change or addition of employers. (14) Employer obligations. www.uscis.gov. (15) Nonimmigrant intent. (16) Inspections, evaluations, verifications, and compliance reviews. (17) Denial and appeal of petition. (18) Revocation of approved petitions Director discretion. (ii) Automatic revocation. (iii) Revocation on notice Grounds for revocation. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Notice and decision. (19) Appeal of a revocation of a petition. (s) NATO nonimmigrant aliens General Background. (A) Nonimmigrant aliens classified as NATO-1 through NATO-5 are officials, employees, or persons associated with NATO, and members of their immediate families, who may enter the United States in accordance with the NATO Status of Forces Agreement or the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty (Paris Protocol). The following specific classifications shall be assigned to such NATO nonimmigrants: ( 1 ( 2 ( 3 ( 4 ( 5 (B) Nonimmigrant aliens classified as NATO-6 are civilians, and members of their immediate families, who may enter the United States as employees of a force entering in accordance with the NATO Status of Forces Agreement, or as members of a civilian component attached to or employed by NATO Headquarters, Supreme Allied Commander, Atlantic (SACLANT), set up pursuant to the Paris Protocol. (C) Nonimmigrant aliens classified as NATO-7 are attendants, servants, or personal employees of nonimmigrant aliens classified as NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6, who are authorized to work only for the NATO-1 through NATO-6 nonimmigrant from whom they derive status, and members of their immediate families. (ii) Admission and extension of stay. (2) Definition of a dependent of a NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6. dependent (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 agreements do not specify under the age of 23 as the maximum age for employment of such sons and daughters; (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 Service may require medical certification(s) as it deems necessary to document such mental or physical disability. (3) Dependent employment requirements based on formal bilateral employment agreements and informal de facto reciprocal arrangements Formal bilateral employment agreements. (ii) Informal de facto reciprocal arrangements. (A) Both the principal alien and the dependent requesting employment are maintaining NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 status, as appropriate; (B) The principal alien's total length of assignment in the United States is expected to last more than 6 months; (C) Employment of a similar nature for dependents of members of the force and members of the civilian component of the United States assigned to official duty in the NATO Member State employing the principal alien is not prohibited by the NATO Member State; (D) The proposed employment is not in an occupation listed in the Department of Labor's 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 United States 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, of 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 NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 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; or who cannot establish that they have paid taxes and social security on income from current or previous United States employment. (iii) State's FLO shall inform the Service, by contacting Headquarters, Adjudications, Attention: Chief, Business and Trade Services Branch, 425 I Street, NW., Washington, DC 20536, of any additions or changes to the formal bilateral employment agreements and informal de facto reciprocal arrangements. (4) Applicability of a formal bilateral agreement or an informal de facto arrangement for NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 dependents. (5) Application procedures. (i) The dependent of a NATO alien shall submit a complete application for employment authorization, including Form I-765 and Form I-566, completed in accordance with the instructions on, or attached to, those forms. The complete application shall be submitted to SACLANT for certification of the Form I-566 and forwarding to the Service. (ii) In a case where a bilateral dependent employment agreement containing a numerical limitation on the number of dependents authorized to work is applicable, the certifying officer of SACLANT shall not forward the application for employment authorization to the Service unless, following consultation with State's Office of Protocol, the certifying officer has confirmed that this numerical limitation has not been reached. The countries with such limitations are indicated on the bilateral/de facto dependent employment listing issued by State's FLO. (iii) SACLANT shall keep copies of each application and certified Form I-566 for 3 years from the date of the certification. (iv) A dependent applying under the terms of a de facto arrangement must also attach a statement from the prospective employer which includes the dependent's name, a description of the position offered, the duties to be performed, the hours to be worked, the salary offered, and verification that the dependent possesses the qualifications for the position. (v) A dependent applying under paragraph (s)(2) (iii) or (iv) of this section must also submit a certified statement from the post-secondary educational institution confirming that he or she is pursuing studies on a full-time basis. (vi) A dependent applying under paragraph (s)(2)(v) of this section must also submit medical certification regarding his or her condition. The certification should identify both the dependent and the certifying physician, give the physician's phone number, identify the condition, describe the symptoms, provide a clear prognosis, and certify that the dependent is unable to maintain a home of his or her own. (vii) The Service may require additional supporting documentation, but only after consultation with SACLANT. (6) Period of time for which employment may be authorized. (7) Income tax and Social Security liability. (8) No appeal. (9) Unauthorized employment. (t) Alien witnesses and informants Alien witness or informant in criminal matter. (i) Possesses critical reliable information concerning a criminal organization or enterprise; (ii) Is willing to supply, or has supplied, such information to federal or state LEA; and (iii) Is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise. (2) Alien witness or informant in counterterrorism matter. (i) Possesses critical reliable information concerning a terrorist organization, enterprise, or operation; (ii) Is willing to supply or has supplied such information to a federal LEA; (iii) Is in danger or has been placed in danger as a result of providing such information; and (iv) Is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, 22 U.S.C. 2708(a). (3) Spouse, married and unmarried sons and daughters, and parents of alien witness or informant in criminal or counterterrorism matter. (4) Request for S nonimmigrant classification. (i) Filing request. (A) District director referral. (B) United States Attorney certification. (C) LEA certification. (D) Filing procedure. (ii) Assistant Attorney General, Criminal Division review Review of information. (B) Advisory panel. (C) Assistant Attorney General certification. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 (D) Submission of certified requests for S nonimmigrant classification to Service. 1 ( 2 (5) Decision on application. (ii) Decision to approve application. (iii) Decision to deny application. (6) Submission of requests for S nonimmigrant visa classification to Secretary of State. (7) Conditions of status. (i) Ensure that the alien: (A) Reports quarterly to the LEA on his or her whereabouts and activities, and as otherwise specified on Form I-854 or pursuant to the terms of his or her S nonimmigrant classification; (B) Notifies the LEA of any change of home or work address and phone numbers or any travel plans; (C) Abides by the law and all specified terms, limitations, or restrictions on the visa, Form I-854, or any waivers pursuant to classification; and (D) Cooperates with the responsible LEA in accordance with the terms of his or her classification and any restrictions on Form I-854; (ii) Provide the Assistant Attorney General, Criminal Division, with the name of the control agent on an ongoing basis and provide a quarterly report indicating the whereabouts, activities, and any other control information required on Form I-854 or by the Assistant Attorney General; (iii) Report immediately to the Service any failure on the alien's part to: (A) Report quarterly; (B) Cooperate with the LEA; (C) Comply with the terms and conditions of the specific S nonimmigrant classification; or (D) Refrain from criminal activity that may render the alien deportable, which information shall also be forwarded to the Assistant Attorney General, Criminal Division; and (iv) Report annually to the Assistant Attorney General, Criminal Division, on whether the alien's S nonimmigrant classification and cooperation resulted in either: (A) A successful criminal prosecution or investigation or the failure to produce a successful resolution of the matter; or (B) The prevention or frustration of terrorist acts or the failure to prevent such acts. (v) Assist the alien in his or her application to the Service for employment authorization. (8) Annual report. (9) Admission. (10) Employment. (11) Failure to maintain status. (12) Change of classification. (ii) An LEA may request that any alien lawfully admitted to the United States and maintaining status in accordance with the provisions of § 248.1 of this chapter, except for those aliens enumerated in 8 CFR 248.2, have his or her nonimmigrant classification changed to that of an alien classified pursuant to section 101(a)(15)(S) of the Act as set forth in 8 CFR 248.3(h). (u) [Reserved] (v) Certain spouses and children of LPRs. (w) CNMI-Only Transitional Worker (CW-1). Table 5 to Paragraph ( w (1) Definitions (2) Eligible aliens (3) Derivative beneficiaries—CW-2 nonimmigrant classification (4) Eligible employers (5) Petition requirements (6) Appropriate documents (7) Change of employers (8) Amended or new petition (9) Multiple beneficiaries (10) Named beneficiaries (11) Early termination (12) Approval (13) Petition validity (14) Validity of the labor certification (15) How to apply for CW-1 or CW-2 status (16) Biometrics and other information (17) Period of admission (18) Extension of petition validity and extension of stay (19) Change or adjustment of status (20) Effect of filing an application for or approval of a permanent labor certification, preference petition, or filing of an application for adjustment of status on CW-1 or CW-2 classification (21) Rejection (22) Denial (23) Terms and conditions of CW Nonimmigrant status (24) Expiration of status (25) Waivers of inadmissibility for applicants lawfully present in the CNMI (26) Semiannual report (27) Revocation of approval of petition (28) Appeal of a revocation of a petition (29) Notice to DOL (1) Definitions. (i) CW-1 Application for Temporary Employment Certification (ii) Direct Guam transit (iii) Doing business (iv) Employer (A) Engages a person to work within the CNMI; and (B) Has or will have an employer-employee relationship with the CW-1 nonimmigrant being petitioned for. (v) Employer-employee relationship (vi) Lawfully present in the CNMI (vii) Legitimate business, (A) Produces services or goods for profit, or is a governmental, charitable or other validly recognized nonprofit entity; (B) Meets applicable legal requirements for doing business in the CNMI; (C) Has substantially complied with wage and hour laws, occupational safety and health requirements, nondiscrimination, and all other Federal, CNMI, and local requirements relating to employment during the five-year period immediately preceding the date of filing the petition, and continues to be in substantial compliance with such requirements; (D) Does not directly or indirectly engage in, or knowingly benefit from, prostitution, human trafficking, or any other activity that is illegal under Federal, CNMI, or local law; (E) Is a participant in good standing in the E-Verify program; (F) Does not have, as an owner, investor, manager, operator, or person meaningfully involved with the undertaking, any individual who has been an owner, investor, manager, operator, or person otherwise meaningfully involved with an undertaking that was not in compliance with paragraph (w)(1)(vii)(C) of this section at the time of the individual's involvement and within the five years immediately preceding the date of filing the petition; or that was not in compliance with clause paragraph (w)(1)(vii)(D) of this section at any time during which the individual was involved with the undertaking, or is an agent of such individual; and (G) Is not a successor in interest to an undertaking that has not complied with paragraphs (C) or (D). (viii) Long-term worker (ix) Minor child (x) Numerical limitation (A) For fiscal years 2018 through the first quarter of fiscal year 2030, the numerical limitations are: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 (11 ( 12 ( 13 (B) A long-term worker granted CW-1 nonimmigrant status for a period exceeding one year shall be counted toward the numerical limitation, and toward any reservation of CW-1 numbers, as described in paragraph (w)(1)(x)(D)( 1 (C) For each petition revoked entirely or in part in a fiscal year, the numerical limitation for the next fiscal year shall be increased by the number of beneficiaries of such petitions subject to such revocation before the end of the validity period of the petition. (D)( 1 ( i ( ii ( 2 1 1 i ii 1 i ii ( 3 Federal Register, (E) If the numerical limitation is not reached for a specified fiscal year, unused numbers do not carry over to the next fiscal year. (F) If USCIS receives a sufficient number of petitions to meet the numerical limitation in paragraph (w)(1)(x)(A) of this section in a fiscal year, USCIS will cease processing further cap-subject petitions in that fiscal year, and DOL may cease processing cap-subject applications for temporary labor certification for that fiscal year. (xi) Occupational category (A) Professional, technical, or management occupations; (B) Clerical and sales occupations; (C) Service occupations; (D) Agricultural, fisheries, forestry, and related occupations; (E) Processing occupations; (F) Machine trade occupations; (G) Benchwork occupations; (H) Structural work occupations; and (I) Miscellaneous occupations. (xii) Participant in good standing in the E-Verify program (xiii) Petition (xiv) Successor in interest (A) Substantial continuity of the same business operations; (B) Use of the same facilities; (C) Continuity of the work force; (D) Similarity of jobs and working conditions; (E) Similarity of supervisory personnel; (F) Whether the former management or owner retains a direct or indirect interest in the new enterprise; (G) Similarity in machinery, equipment, and production methods; (H) Similarity of products and services; and (I) The ability of the predecessor to provide relief. (xv) Temporary Labor Certification TLC CW-1 Application for Temporary Employment Certification, (xvi) Transition period (xvii) United States worker (2) Eligible aliens. (i) Will enter or remain in the CNMI for the purpose of employment within the transition period in an occupational category that DHS has designated as requiring alien workers to supplement the resident workforce; (ii) Is petitioned for by an employer; (iii) Is not present in the United States, other than the CNMI; (iv) If present in the CNMI, is lawfully present in the CNMI; (v) Is not inadmissible to the United States as a nonimmigrant or has been granted a waiver of each applicable ground of inadmissibility; (vi) Is ineligible for status in a nonimmigrant worker classification under section 101(a)(15) of the Act; and (vii) Will not be employed in a Construction and Extraction Occupation (as defined by the U.S. Department of Labor as Standard Occupational Classification Group 47-0000 or successor provision) unless the alien is a long-term worker. (3) Derivative beneficiaries—CW-2 nonimmigrant classification. (i) Is not present in the United States, other than the CNMI; (ii) If present in the CNMI, is lawfully present in the CNMI; and (iii) Is not inadmissible to the United States as a nonimmigrant or has been granted a waiver of each applicable ground of inadmissibility. (4) Eligible employers. (i) Be engaged in legitimate business; (ii) Obtain a TLC from DOL and consider all available United States workers for the position being filled by the CW-1 worker; (iii) Offer terms and conditions of employment which are consistent with the nature of the petitioner's business and the nature of the occupation, activity, and industry in the CNMI; and (iv) Comply with all Federal and Commonwealth requirements relating to employment, including but not limited to nondiscrimination, occupational safety, and minimum wage requirements. (5) Petition requirements. (6) Appropriate documents. (i) Evidence demonstrating the petitioner meets the definition of eligible employer in this section; (ii) An attestation by the petitioner certified as true and accurate by an appropriate official of the petitioner, of the following: (A) The employer has not displaced and will not displace a United States worker in order to employ the beneficiary as agreed to in the CW-1 Application for Temporary Employment Certification; (B) The employer is doing business as defined in paragraph (w)(1)(iii) of this section; (C) The employer is a legitimate business as defined in paragraph (w)(1)(vii) of this section; (D) The employer is an eligible employer as described in paragraph (w)(4) of this section and will continue to comply with the requirements for an eligible employer until such time as the employer no longer employs the CW-1 nonimmigrant worker; (E) The beneficiary meets the qualifications for the position; (F) The beneficiary, if present in the CNMI, is lawfully present in the CNMI; (G) The position is not temporary or seasonal employment, and the petitioner does not reasonably believe it to qualify as eligible for any other nonimmigrant worker classification, including H-2A or H-2B; (H) The position falls within the list of occupational categories designated by DHS; (I) The petitioner will pay the beneficiary a wage that is not less than the greater of— ( 1 ( 2 ( 3 (J) The petitioner will comply with the reporting and retention requirements in paragraph 26. (iii) Evidence of licensure if an occupation requires a Commonwealth or local license for an individual to fully perform the duties of the occupation. Categories of valid licensure for CW-1 classification are: (A) Licensure. (B) Temporary licensure. (C) Duties without licensure. (iv) For any petition requesting an employment start date on or after October 1, 2019, including both new petitions and petitions for renewal of an existing permit, a TLC approved by DOL, confirming that there are not sufficient United States workers in the CNMI who are able, willing, qualified, and available at the time and place needed to perform the services or labor involved in the petition, and that the employment of the CW-1 nonimmigrant will not adversely affect the wages and working conditions of similarly employed United States workers. If the TLC accepts certain education, training, experience, or special requirements of the beneficiary, the petition must also be accompanied by documentation that the CW-1 nonimmigrant worker qualifies for the job offer as specified in the TLC. (7) Change of employers. (i) The prospective new employer files a petition to classify the alien as a CW-1 worker in accordance with paragraph (w)(5) of this section, and (ii) An extension of the alien's stay is requested if necessary for the validity period of the petition. (iii) A CW-1 worker may work for a prospective new employer after the prospective new employer files a Form I-129CW petition on the employee's behalf if: (A) The prospective employer has filed a nonfrivolous petition for new employment before the date of expiration of the CW-1 worker's authorized period of stay; and (B) Subsequent to his or her lawful admission, the CW-1 worker has not been employed without authorization in the United States. (iv) Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease. (v) If a CW-1 worker's employment has been terminated prior to the filing of a petition by a prospective new employer consistent with paragraphs (w)(7)(i) and (ii), or if the CW-1's current petition has been revoked (other than for the reason described in paragraph (w)(27)(iii)(A)( 7 (8) Amended or new petition. (9) Multiple beneficiaries. (10) Named beneficiaries. (11) Early termination. (12) Approval. (i) The approval notice will include the CW-1 classification and name of the beneficiary or beneficiaries and the petition's period of validity. A petition for more than one beneficiary may be approved in whole or in part. (ii) The application for a TLC may not be filed with DOL earlier than 120 days before the date of actual need for the beneficiary's services for an initial petition for CW-1 status, or 180 days before the date of expiration of CW-1 status in the case of an extension petition described in paragraph (w)(18) of this section. The petition may then be filed with USCIS after the TLC is approved. If DOL debars an employer from obtaining a CW-1 TLC, USCIS may not approve future petitions during the debarment period. (13) Petition validity. (14) Validity of the labor certification. CW-1 Application for Temporary Employment Certification. (15) How to apply for CW-1 or CW-2 status. (ii) If the beneficiary is present in the CNMI, the petition also serves as the application for a grant of status as a CW-1. (iii) If the eligible spouse and/or minor child(ren) are present in the CNMI, the spouse or child(ren) may apply for CW-2 dependent status on Form I-539 (or such alternative form as USCIS may designate) in accordance with the form instructions. The CW-2 status may not be approved until approval of the CW-1 petition. (16) Biometrics and other information. (17) Period of admission. (ii) The temporary departure from the CNMI of the CW-1 nonimmigrant will not affect the derivative status of the CW-2 spouse and minor children, provided the familial relationship continues to exist and the principal remains eligible for admission as a CW-1 nonimmigrant. (18) Extension of petition validity and extension of stay. (ii) A request for a petition extension may be filed only if the validity of the original petition has not expired. (iii) Extensions of CW-1 status may be granted for a period of up to 1 year (or a period of up to 3 years if the beneficiary is a long-term worker) until the end of the transition period, subject to any numerical limitation. (iv) To qualify for an extension of stay, the petitioner must demonstrate that the beneficiary or beneficiaries: (A) Continuously maintained the terms and conditions of CW-1 status; (B) Remains admissible to the United States; and (C) Remains eligible for CW-1 classification. (v) A beneficiary (other than a long-term worker) may not be granted CW-1 status beyond three consecutive petition validity periods unless the beneficiary has departed and remained outside of the United States for a continuous period of at least 30 days after the expiration of the third petition validity period and before the filing of any new petition on behalf of the beneficiary. (vi) The derivative CW-2 nonimmigrant may file an application for extension of nonimmigrant stay on Form I-539 (or such alternative form as USCIS may designate) in accordance with the form instructions. The CW-2 status extension may not be approved until approval of the CW-1 extension petition. (19) Change or adjustment of status. (20) Effect of filing an application for or approval of a permanent labor certification, preference petition, or filing of an application for adjustment of status on CW-1 or CW-2 classification. (i) A CW-1 petition filed on behalf of the alien; (ii) A request to extend a CW-1 status pursuant to a petition previously filed on behalf of the alien; (iii) An application for CW-2 classification filed by an alien; (iv) A request to extend CW-2 status pursuant to the extension of a related CW-1 alien's extension; or (v) An application for admission as a CW-1 or CW-2 nonimmigrant. (21) Rejection. (22) Denial. (23) Terms and conditions of CW Nonimmigrant status Geographical limitations. (ii) Re-entry. (iii) Travel outside the CNMI Direct Guam transit from the CNMI. (B) Travel from a foreign place to the CNMI. (iv) Employment authorization. (24) Expiration of status. (25) Waivers of inadmissibility for applicants lawfully present in the CNMI. (26) Semiannual report Filing. (ii) Use. (iii) Document retention. ( 1 ( 2 ( 3 (B) An employer must retain documents and records until the date that is three years after the ending date of the petition validity period. (27) Revocation of approval of petition General. (B) USCIS may revoke a petition at any time, even after the expiration of the petition. (ii) Immediate and automatic revocation. (iii) Revocation on notice Grounds for revocation. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 (B) Notice and decision. (28) Appeal of a revocation of a petition. (29) Notice to DOL. (Title VI of the Health Professions Educational Assistance Act of 1976 (Pub. L. 94-484; 90 Stat. 2303); secs. 103 and 214, Immigration and Nationality Act (8 U.S.C. 1103 and 1184)) [38 FR 35425, Dec. 28, 1973] Editorial Note: For Federal Register www.govinfo.gov. Effective Date Notes: 1. At 88 FR 80456, Nov. 17, 2023, § 214.2 was amended by adding rows (30) and (31) to table 3 to paragraph (h), and by adding paragraphs (h)(6)(xiv) and (h)(31), effective Nov. 17, 2023, through Nov. 17, 2026. 2. At 89 FR 95681, Dec. 2, 2024, § 214.2 was amended by adding row (32) to table 3 to paragraph (h), and by adding paragraphs (h)(6)(xv) and (h)(32), effective Dec. 2, 2024, through Dec. 2, 2027. 2. At 91 FR 5071, Feb. 3, 2026, § 214.2 was amended by adding paragraph (h)(6)(xvi), effective Jan. 30, 2026, through Sept. 30, 2026. § 214.3 Certification and recertification of schools for enrollment of F and M nonimmigrants. (a) Filing petition General. i.e., (i) School systems. (ii) Submission requirements. (2) Certification for F-1 or M-1 classification, or both F-1 classification. (A) A college or university, i.e., (B) A community college or junior college which provides instruction in the liberal arts or in the professions and which awards recognized associate degrees. (C) A seminary. (D) A conservatory. (E) An academic high school. (F) A private elementary or middle school. (G) An institution which provides language training, instruction in the liberal arts or fine arts, instruction in the professions, or instruction or training in more than one of these disciplines. (ii) M-1 classification. (A) A community college or junior college which provides vocational or technical training and which awards recognized associate degrees. (B) A vocational high school. (C) A school which provides vocational or nonacademic training other than language training. (iii) Both F-1 and M-1 classification. (iv) English language training for a vocational student. (v) Schools not qualified for attendance. (A) A home school, (B) A public elementary or middle school; or (C) An adult education program, as defined by section 203(1) of the Adult Education and Family Literacy Act, Public Law 113-128, as amended, U.S.C. 3272(1), if the adult education program is funded in whole or in part by a grant under the Adult Education and Family Literacy Act, or by any other Federal, State, county, or municipal funding. (3) Eligibility. (A) Is a bona fide school; (B) Is an established institution of learning or other recognized place of study; (C) Possesses the necessary facilities, personnel, and finances to conduct instruction in recognized courses; and (D) Is, in fact, engaged in instruction in those courses. (ii) The petitioner, to be eligible for recertification, must establish at the time of filing that it: (A) Remains eligible for certification in accordance with paragraph (a)(3)(i) of this section; and (B) Has complied during its previous period of certification or recertification with recordkeeping, retention, and reporting requirements and all other requirements of paragraphs (g), (j), (k), and (l) of this section. (b) Supporting documents. (1) Licensure, approval, and accreditation documents. (i) Public Schools. (ii) Private elementary, middle, or secondary schools. (iii) Any other school. (A) The school is licensed, approved, or accredited by the authorized official, who must certify that they are authorized to do so; or (B) If the school offers courses recognized by a State-approving agency as appropriate for study for veterans under the provisions of 38 U.S.C. 3675 and 3676, in lieu of such certification provided in paragraph (b)(1)(i)(A) of this section, the school may submit a statement of recognition signed by the authorized official of the State approving agency, who must certify that they are authorized to do so. (2) School operations information. (i) Size of its physical facilities; (ii) Nature of its facilities for study and training; (iii) Educational, vocational, or professional qualifications of the teaching staff; (iv) Salaries of the teachers; (v) Attendance and scholastic grading policy; (vi) Amount and character of supervisory and consultative services available to students and trainees; and (vii) Finances, including a certified copy of the accountant's last statement of school's net worth, income, and expenses. (c) Additional evidence Vocational, business, and language schools, and American institutions of research. (2) Unaccredited private elementary, middle, and secondary schools. (i) Satisfies the compulsory attendance requirements of the State in which it is located; and (ii) Qualifies graduates for acceptance by schools of a higher educational level by a public school, a school accredited by a nationally recognized accrediting body, or a secondary school operated by a school that is accredited by a nationally recognized accrediting agency. (3) Unaccredited private institutions of higher learning. (i) It confers upon its graduates recognized bachelor, master, doctor, professional or divinity degrees; or (ii) If it does not confer such degrees, its credits have been and are accepted unconditionally by at least three other institutions of higher learning that are public or accredited by a nationally recognized accredited body. (d) Interview of petitioner. (e) Notices to schools related to certification or recertification petitions or to out-of-cycle review General. i.e., (2) SEVP approval notification and SEVIS updating by certified schools. (3) Modifications to Form I-17 while a school is SEVP-certified. (4) Notice of Intent to Withdraw (NOIW) SEVP certification Automatic withdrawal. (ii) Withdrawal on notice. (5) Notice of Denial. (6) Notice of Automatic Withdrawal. (7) Notice of Withdrawal. (8) Notice of SEVIS Access Termination Date. (f) Adjudication of a petition for SEVP certification or recertification Approval. (2) Denial. (g) Recordkeeping and reporting requirements Student records. (i) Identification of the school, to include name and full address. (ii) Identification of the student, to include name while in attendance (record any legal name change), date and place of birth, country of citizenship, and school's student identification number. (iii) Current address where the student and his or her dependents physically reside. In the event the student or his or her dependents cannot receive mail at such physical residence, the school must provide a mailing address in SEVIS. If the mailing address and the physical address are not the same, the school must maintain a record of both mailing and physical addresses and provide the physical location of residence of the student and his or her dependents to DHS upon request. (iv) Record of coursework. Identify the student's degree program and field of study. For each course, give the periods of enrollment, course identification code and course title; the number of credits or contact hours, and the grade; the number of credits or clock hours, and for credit hour courses the credit unit; the term unit (semester hour, quarter hour, etc.). Include the date of withdrawal if the student withdrew from a course. Show the grade point average for each session or term. Show the cumulative credits or clock hours and cumulative grade point average. Narrative evaluation will be accepted in lieu of grades when the school uses no other type of grading. (v) Record of transfer credit or clock hours accepted. Type of hours, course identification, grades. (vi) Academic status. Include the effective date or period if suspended, dismissed, placed on probation, or withdrawn. (vii) Whether the student has been certified for practical training, and the beginning and end dates of certification. (viii) Statement of graduation (if applicable). Title of degree or credential received, date conferred, program of study or major. (ix) Termination date and reason. (x) The documents referred to in paragraph (k) of this section. Note to paragraph ( g A DHS officer may request any or all of the data in paragraphs (g)(1)(i) through (x) of this section on any individual student or class of students upon notice. This notice will be in writing if requested by the school. The school will have three work days to respond to any request for information concerning an individual student, and ten work days to respond to any request for information concerning a class of students. The school will respond orally on the same day the request for information is made if DHS requests information on a student who is being held in custody, and DHS will provide a written notification that the request was made after the fact, if the school so desires. DHS will first attempt to gain information concerning a class of students from DHS record systems. (2) Reporting changes in student and school information. (ii) Schools are also required to report within 21 days any change of the information contained in paragraph (g)(1) or the occurrence of the following events: (A) Any student who has failed to maintain status or complete his or her program; (B) A change of the student's or dependent's legal name or U.S. address; (C) Any student who has graduated early or prior to the program end date listed on SEVIS Form I-20; (D) Any disciplinary action taken by the school against the student as a result of the student being convicted of a crime; and (E) Any other notification request not covered by paragraph (g)(1) of this section made by DHS with respect to the current status of the student. (F) For F-1 students authorized by USCIS to engage in a 24-month extension of OPT under 8 CFR 214.2(f)(10)(ii)(C): ( 1 ( 2 (iii) Each term or session and no later than 30 days after the deadline for registering for classes, schools are required to report the following registration information: (A) Whether the student has enrolled at the school, dropped below a full course of study without prior authorization by the DSO, or failed to enroll; (B) The current address of each enrolled student; and (C) The start date of the student's next session, term, semester, trimester, or quarter. (D) Adjustment to the program completion date. (3) Administrative correction of a student's record. (h) SEVP certification, recertification, out-of-cycle review, and oversight of schools Certification. (i) Filing a petition. https://www.ice.gov/sevis (ii) Site visit, petition adjudication and school notification. (iii) Certification denial. (2) Recertification. (i) Filing of petition for recertification. (A) Notice of confirmation assures a school of uninterrupted access to SEVIS while SEVP adjudicates the school's petition for recertification. A school that has complied with the petition submission requirements will continue to have SEVIS access after its certification expiration date while the adjudication for recertification is pending. The school is required to comply with all regulatory recordkeeping, retention and reporting, and other requirements of paragraphs (f), (g), (j), (k), and (l) of this section during the period the petition is pending. (B) Notice of rejection informs a school that it must take prompt corrective action in regard to its recertification petition prior to its certification expiration date to ensure that its SEVIS access will not be terminated and its petition for recertification will be accepted for adjudication. (ii) Consequence of failure to petition. (iii) School recertification process General. (B) Compliance. (C) On-site review for recertification. (iv) Recertification approval. (v) Recertification denial. (vi) Adjustment of certification expiration date. (3) Out-of-cycle review and oversight of SEVP-certified schools. (A) Approval for attendance of students (F/M/both); (B) Name of school system; name of main campus; (C) Mailing address of the school; (D) Location of the school; (E) School type; (F) Public/private school indicator; (G) Private school owner name; (H) The school is engaged in; (I) The school operates under the following Federal, State, Local or other authorization; (J) The school has been approved by the following national, regional, or state accrediting association or agency; (K) Areas of study; (L) Degrees available from the school; (M) If the school is engaged in elementary or secondary education; (N) If the school is engaged in higher education; (O) If the school is engaged in vocational or technical education; (P) If the school is engaged in English language training; (Q) Adding or deleting campuses; (R) Campus name; (S) Campus mailing address; and (T) Campus location address. (ii) SEVP may request a school to electronically update all Form I-17 fields in SEVIS and provide SEVP with documentation supporting the update. The school must complete such updates in SEVIS and submit the supporting documentation to SEVP within 10 business days of the request from SEVP. (iii) SEVP may review a school's certification at any time to verify the school's compliance with the recordkeeping, retention, reporting and other requirements of paragraphs (f), (g), (j), (k), and (l) of this section to verify the school's continued eligibility for SEVP certification pursuant to paragraph (a)(3) of this section. SEVP may initiate remedial action with the school, as appropriate, and may initiate withdrawal proceedings against the school pursuant to 8 CFR 214.4(b) if noncompliance or ineligibility of a school is identified. (iv) On-site review. (v) Notice of Continued Eligibility. (vi) Withdrawal of certification. (vii) Voluntary withdrawal. (i) Administration of student regulations. (j) Advertising. (k) Issuance of Certificate of Eligibility. (1) The prospective student has made a written application to the school. (2) The written application, the student's transcripts or other records of courses taken, proof of financial responsibility for the student, and other supporting documents have been received, reviewed, and evaluated at the school's location in the United States. (3) The appropriate school authority has determined that the prospective student's qualifications meet all standards for admission. (4) The official responsible for admission at the school has accepted the prospective student for enrollment in a full course of study. (l) Designated Official. Designated Official. Designated Official, Designated School Official (DSO), Principal Designated School Official (PDSO), (i) A PDSO and DSO must be either a citizen or lawful permanent resident of the United States. (ii) Each campus must have one PDSO. The PDSO is responsible for updating SEVIS to reflect the addition or deletion of any DSO on their associated campus. SEVP will use the PDSO at the main campus as the point of contact on any issues that relate to the school's compliance with the regulations, as well as any system alerts generated by SEVIS. SEVP may also designate certain functions in SEVIS for use by the PDSO only. The PDSO of the main campus is the only DSO authorized to submit a Form I-17 for recertification. The PDSO and DSO will share the same responsibilities in all other respects. (iii) School officials may nominate as many DSOs in addition to PDSOs as they determine necessary to adequately provide recommendations to F and/or M students enrolled at the school regarding maintenance of nonimmigrant status and to support timely and complete recordkeeping and reporting to DHS, as required by this section. School officials must not permit a DSO or PDSO nominee access to SEVIS until DHS approves the nomination. (2) Name, title, and signature. (3) Statement of designated officials. [30 FR 919, Jan. 29, 1965] Editorial Note: For Federal Register www.govinfo.gov. § 214.4 Denial of certification, denial of recertification, or withdrawal of SEVP certification. (a) General Denial of certification. (2) Denial of recertification or withdrawal on notice. (i) Failure to comply with 8 CFR 214.3(g)(1) without a subpoena. (ii) Failure to comply with 8 CFR 214.3(g)(2). (iii) Failure of a DSO to notify SEVP of the attendance of an F-1 transfer student as required by 8 CFR 214.2(f)(8)(ii). (iv) Failure of a DSO to identify on the Form I-20 or successor form which school within the system the student must attend, in compliance with 8 CFR 214.3(k). (v) Willful issuance by a DSO of a false statement, including wrongful certification of a statement by signature, in connection with a student's school transfer or application for employment or practical training. (vi) Conduct on the part of a DSO that does not comply with the regulations. (vii) The designation as a DSO of an individual who does not meet the requirements of 8 CFR 214.3(l)(1). (viii) Failure to provide SEVP with the school's Form I-17 bearing the names, titles, and signatures of DSOs as required by 8 CFR 214.3(l)(2). (ix) Failure to submit statements of DSOs as required by 8 CFR 214.3(l)(3). (x) Issuance of Form I-20 or successor form to students without receipt of proof that the students have met scholastic, language, or financial requirements as required by 8 CFR 214.3(k)(2). (xi) Issuance of Form I-20 or successor form to aliens who will not be enrolled in or carry full courses of study, as defined in 8 CFR 214.2(f)(6) or 214.2(m)(9). (xii) Failure to operate as a bona fide institution of learning. (xiii) Failure to employ adequate qualified professional personnel. (xiv) Failure to limit advertising in the manner prescribed in 8 CFR 214.3(j). (xv) Failure to maintain proper facilities for instruction. (xvi) Failure to maintain accreditation or licensing necessary to qualify graduates as represented in the school's Form I-17. (xvii) Failure to maintain the physical plant, curriculum, and teaching staff in the manner represented in the Form I-17. (xviii) Failure to comply with the procedures for issuance of Form I-20 or successor form as set forth in 8 CFR 214.3(k). (xix) Failure of a DSO to notify SEVP of material changes, such as changes to the school's name, address, or curricular changes that represent material change to the scope of institution offerings (e.g., addition of a program, class or course for which the school is issuing Form I-20 or successor form, but which does not have Form I-17 approval), as required by 8 CFR 214.3(f)(1). (3) Automatic withdrawal. (i) As of the date of termination of operations, if an SEVP-certified school terminates its operations. (ii) As of a school's certification expiration date, if an SEVP-certified school does not submit a completed recertification petition in the manner required by 8 CFR 214.3(h)(2). (iii) Sixty days after the occurrence of the change of ownership if the school failed to update its information in accordance with § 214.3(h)(1) or properly file a new petition, SEVP will review the petition if the school properly files such petition to determine whether the school still meets the eligibility requirements of § 214.3(a)(3) and is still in compliance with the recordkeeping, retention, reporting and other requirements of § 214.3(f), (g), (j), (k), and (l). SEVP will review the petition if the school properly files such petition to determine whether the school still meets the eligibility requirements of 8 CFR 214.3(a)(3) and is still in compliance with the recordkeeping, retention, reporting and other requirements of 8 CFR 214.3(f), (g), (j), (k), and (l). SEVP will institute withdrawal proceedings in accordance with paragraph (b) of this section if, upon completion of the review, SEVP finds that the school is no longer eligible for certification, or is not in compliance with the recordkeeping, retention, reporting and other requirements of § 214.3(f), (g), (j), (k), and (l), or failed to file a new petition within the allowable 60-day timeframe. (iv) If an SEVP-certified school voluntarily withdraws from its certification. (b) Withdrawal on notice. (1) The grounds for withdrawing SEVP certification. (2) The 30-day deadline from the date of the service of the NOIW for the school to submit sworn statements, and documentary or other evidence, to rebut the grounds for withdrawal of certification in the NOIW. An NOIW is not a means for the school to submit evidence that it should have previously submitted as a part of its established reporting requirements. (3) The school's right to submit a written request (including e-mail) within 30 days of the date of service of the NOIW for a telephonic interview in support of its response to the NOIW. (c) Assistance of counsel. (d) Allegations admitted or no answer filed. (e) Allegations denied. (f) Interview requested. (2) A summary of the information provided by the school or school system at the interview will be prepared and included in the record. At the discretion of SEVP, the interview may be recorded. (g) Decision. (h) Appeals. (i) Operations at a school when SEVP certification is relinquished or withdrawn, or whose recertification is denied and on the SEVIS access termination date General. (2) SEVIS access termination. (3) Legal obligations and ramifications for a school and its DSOs when a school is having SEVP certification denied or withdrawn. [37 FR 17463, Aug. 29, 1972, as amended at 48 FR 14592, Apr. 5, 1983; 48 FR 19867, May 3, 1983; 48 FR 22131, May 17, 1983; 49 FR 41015, Oct. 19, 1984; 50 FR 9991, Mar. 13, 1985; 54 FR 19544, May 8, 1989; 55 FR 41988, Oct. 17, 1990; 67 FR 60112, Sept. 25, 2002; 73 FR 55702, Sept. 26, 2008; 84 FR 23979, May 23, 2019; 87 FR 75911, Dec. 12, 2022; 88 FR 53761, Aug. 9, 2023] § 214.5 Libyan and third country nationals acting on behalf of Libyan entities. (a) Notwithstanding any other provision of this title, the nonimmigrant status of any Libyan national, or of any other foreign national acting on behalf of a Libyan entity, who is engaging in aviation maintenance, flight operations, or nuclear-related studies or training is terminated. (b) Notwithstanding any other provision of this chapter, the following benefits will not be available to any Libyan national or any other foreign national acting on behalf of a Libyan entity where the purpose is to engage in, or seek to obtain aviation maintenance, flight operations or nuclear-related studies or training: (1) Application for school transfer. (2) Application for extension of stay. (3) Employment authorization or practical training. (4) Request for reinstatement of student status. (5) Application for change of nonimmigrant status. (Secs. 103, 212, 214, 248; 8 U.S.C. 1103, 1182, 1184, 1258) [48 FR 10297, Mar. 3, 1983] § 214.6 Citizens of Canada or Mexico seeking temporary entry under USMCA to engage in business activities at a professional level. (a) General. (b) Definitions. Business activities at a professional level Business person, Engage in business activities at a professional level Temporary entry, (c) Appendix 2 to Annex 16-A of Chapter 16 of the USMCA. 1 1 Appendix 2 to Annex 16-A of Chapter 16 (Annotated) General —Accountant—Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A. —Architect—Baccalaureate or Licenciatura Degree; or state/provincial license. 2 2 —Computer Systems Analyst—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma 3 4 3 4 —Disaster Relief Insurance Claims Adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)—Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. —Economist—Baccalaureate or Licenciatura Degree. —Engineer—Baccalaureate or Licenciatura Degree; or state/provincial license. —Forester—Baccalaureate or Licenciatura Degree; or state/provincial license. —Graphic Designer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. —Hotel Manager—Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management. —Industrial Designer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. —Interior Designer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. —Land Surveyor—Baccalaureate or Licenciatura Degree; or state/provincial/federal license. —Landscape Architect—Baccalaureate or Licenciatura Degree. —Lawyer (including Notary in the province of Quebec)—L.L.B., J.D., L.L.L., B.C.L., or Licenciatura Degree (five years); or membership in a state/provincial bar. —Librarian—M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite). —Management Consultant—Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement. —Mathematician (including Statistician)—Baccalaureate or Licenciatura Degree. 5 5 —Range Manager/Range Conservationist—Baccalaureate or Licenciatura Degree. —Research Assistant (working in a post-secondary educational institution)—Baccalaureate or Licenciatura Degree. —Scientific Technician/Technologist 6 6 —Social Worker—Baccalaureate or Licenciatura Degree. —Sylviculturist (including Forestry Specialist)—Baccalaureate or Licenciatura Degree. —Technical Publications Writer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. —Urban Planner (including Geographer)—Baccalaureate or Licenciatura Degree. —Vocational Counselor—Baccalaureate or Licenciatura Degree. Medical/Allied Professionals —Dentist—D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license. —Dietitian—Baccalaureate or Licenciatura Degree; or state/provincial license. —Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) 7 7 —Nutritionist—Baccalaureate or Licenciatura Degree. —Occupational Therapist—Baccalaureate or Licenciatura Degree; or state/provincial license. —Pharmacist—Baccalaureate or Licenciatura Degree; or state/provincial license. —Physician (teaching or research only)—M.D. or Doctor en Medicina; or state/provincial license. —Physiotherapist/Physical Therapist—Baccalaureate or Licenciatura Degree; or state/provincial license. —Psychologist—State/provincial license; or Licenciatura Degree. —Recreational Therapist—Baccalaureate or Licenciatura Degree. —Registered Nurse—State/provincial license; or Licenciatura Degree. —Veterinarian—D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license. Scientist —Agriculturist (including Agronomist)—Baccalaureate or Licenciatura Degree. —Animal Breeder—Baccalaureate or Licenciatura Degree. —Animal Scientist—Baccalaureate or Licenciatura Degree. —Apiculturist—Baccalaureate or Licenciatura Degree. —Astronomer—Baccalaureate or Licenciatura Degree. —Biochemist—Baccalaureate or Licenciatura Degree. —Biologist—Baccalaureate or Licenciatura Degree. 8 8 —Chemist—Baccalaureate or Licenciatura Degree. —Dairy Scientist—Baccalaureate or Licenciatura Degree. —Entomologist—Baccalaureate or Licenciatura Degree. —Epidemiologist—Baccalaureate or Licenciatura Degree. —Geneticist—Baccalaureate or Licenciatura Degree. —Geochemist—Baccalaureate or Licenciatura Degree. —Geologist—Baccalaureate or Licenciatura Degree. —Geophysicist (including Oceanographer in Mexico and the United States)—Baccalaureate or Licenciatura Degree. —Horticulturist—Baccalaureate or Licenciatura Degree. —Meteorologist—Baccalaureate or Licenciatura Degree. —Pharmacologist—Baccalaureate or Licenciatura Degree. —Physicist (including Oceanographer in Canada)—Baccalaureate or Licenciatura Degree. —Plant Breeder—Baccalaureate or Licenciatura Degree. —Poultry Scientist—Baccalaureate or Licenciatura Degree. —Soil Scientist—Baccalaureate or Licenciatura Degree. —Zoologist—Baccalaureate or Licenciatura Degree. Teacher —College—Baccalaureate or Licenciatura Degree. —Seminary—Baccalaureate or Licenciatura Degree. —University—Baccalaureate or Licenciatura Degree. (d) Classification of citizens of Canada or Mexico as TN professionals under the USMCA Citizens of Mexico. (2) Citizens of Canada. (3) Documentation. (i) Proof of citizenship. (ii) Documentation demonstrating engagement in business activities at a professional level and demonstrating professional qualifications. (A) The profession of the applicant under Appendix 2 to Annex 16-A of Chapter 16 of the USMCA; (B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, in which the applicant will engage in for the United States employer/entity; (C) The anticipated length of stay; (D) The educational qualifications or appropriate credentials which demonstrate that the Canadian or Mexican citizen has professional level status; and (E) The arrangements for remuneration for services to be rendered. (e) Procedures for admission. (f) [Reserved] (g) Readmission With a Form I-94. (2) Without a valid I-94. (i) For Canadian citizens, alternate evidence may include, but is not limited to, a fee receipt for admission as a TN or a previously issued admission stamp as TN in a passport, and a confirming letter from the United States employer(s). (ii) For Mexican citizens seeking readmission as TN nonimmigrants, alternate evidence shall consist of presentation of a valid unexpired TN visa and evidence of a previous admission. (h) Extension of stay Filing. (i) An extension of stay must be requested by filing the appropriate form with the fee provided at 8 CFR 106.2, in accordance with the form instructions with USCIS. (ii) The beneficiary must be physically present in the United States at the time of the filing of the appropriate form requesting an extension of stay as a TN nonimmigrant. If the alien is required to leave the United States for any reason while the petition is pending, the petitioner may request that USCIS notify the consular office where the beneficiary is required to apply for a visa or, if visa exempt, a DHS-designated port-of-entry where the beneficiary will apply for admission to the United States, of the approval. (iii) An extension of stay in TN status may be approved by USCIS for a maximum period of three years. (iv) There is no specific limit on the total period of time an alien may be in TN status provided the alien continues to be engaged in TN business activities for a U.S. employer or entity at a professional level, and otherwise continues to properly maintain TN nonimmigrant status. (2) Readmission at the border. (i) Request for change or addition of United States employers Filing at the service center. (2) Readmission at the border. (3) No action shall be required on the part of a citizen of Canada or Mexico in TN status who is transferred to another location by the same United States employer to perform the same services. Such an acceptable transfer would be to a branch or office of the employer. In a case of a transfer to a separately incorporated subsidiary or affiliate, the requirements of paragraphs (i)(1) and (i)(2) of this section will apply. (j) Spouse and unmarried minor children accompanying or following to join. (2) The spouse or unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall be required to present a valid, unexpired TD nonimmigrant visa unless otherwise exempt under 8 CFR 212.1. (3) The spouse and unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall be issued confirming documentation bearing the legend “multiple entry.” There shall be no fee required for admission of the spouse and unmarried minor children. (4) The spouse and unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall not accept employment in the United States unless otherwise authorized under the Act. (k) Effect of a strike. (2) 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 Department of Labor, or whether USCIS 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: (i) 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 TN nonimmigrants; (ii) 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; and (iii) Although participation by a TN nonimmigrant alien in a strike or other labor dispute involving a work stoppage of workers will not constitute a ground for removal, 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 removal. (3) 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 (k)(1) of this section, or USCIS has not otherwise been informed by the Secretary that such a strike or labor dispute is in progress, Director of USCIS shall not deny a petition or deny entry to an applicant for TN status based upon such strike or other labor dispute. [58 FR 69212, Dec. 30, 1993, as amended at 63 FR 1335, Jan. 9, 1998; 69 FR 11289, Mar. 10, 2004; 69 FR 60941, Oct. 13, 2004; 73 FR 61334, Oct. 16, 2008; 78 FR 18472, Mar. 27, 2013; 85 FR 46925, Aug. 3, 2020; 87 FR 41030, July 11, 2022] § 214.7 Habitual residence in the territories and possessions of the United States and consequences thereof. (a) Definitions. (1) Compacts (2) Freely associated states (FAS) (3) Territories and possessions of the United States (4)(i) Habitual resident (A) A person who has established a continuing residence in a territory or possession of the United States, but whose cumulative physical presence in the United States amounts to less than 365 days; or (B) A dependent of a resident representative described in section 152 of the Compacts; or (C) A person who entered the United States for the purpose of full-time studies as long as such person maintains that status. (ii) Since the term “habitual” resident requires that the person have entered the United States pursuant to section 141(a) of the Compacts, the term does not apply to FAS citizens whose presence in the territories or possessions is based on an authority other than section 141(a), such as: (A) Members of the Armed Forces of the United States described in 8 CFR § 235.1(c); (B) Persons lawfully admitted for permanent residence in the United States; or (C) Persons having nonimmigrant status whose entry into the United States is based on provisions of the Compacts or the Act other than section 141(a) of the Compacts. (5) Dependent (i) Is a habitual resident; (ii) Resides with a principal habitual resident; (iii) Relies for financial support on that principal habitual resident; and (iv) Is either the parent, spouse, or unmarried child under the age of 21 of the principal habitual resident or the parent or child of the spouse of the principal habitual resident. (6) Principal habitual resident (7) Self-supporting (i) Having a lawful occupation of a current and continuing nature that provides 40 hours of gainful employment each week. A part-time student attending an accredited college or institution of higher learning in a territory or possession of the United States receives for each college or graduate credit-hour of study a three-hour credit toward the 40-hour requirement; or (ii) If the person cannot meet the 40-hour employment requirement, having lawfully derived funds that meet or exceed 100 percent of the official poverty guidelines for Hawaii for a family unit of the appropriate size as published annually by the Department of Health and Human Services. (8) Receipt of unauthorized public benefits (b) Where do these rules regarding habitual residence apply? (c) When is an arriving FAS citizen presumed to be a habitual resident? (2) That the arriving FAS citizen either; (i) Failed to turn in his or her Form I-94 (see § 1.4) when he or she previously departed from the United States; or (ii) Failed to apply for a replacement Form I-94. (d) What rights do habitual residents have? (e) What are the limitations on the rights of habitual residents? (i) Is not and has not been self-supporting for a period exceeding 60 consecutive days for reasons other than a lawful strike or other labor dispute involving work stoppage; or (ii) Has received unauthorized public benefits by fraud or willful misrepresentation; or (iii) Is subject to removal pursuant to section 237 of the Act, or any other provision of the Act. (2) Any dependent is removable from a territory or possession of the United States if: (i) The principal habitual resident who financially supports him or her and with whom he or she resides, becomes subject to removal unless the dependent establishes that he or she has become a dependent of another habitual resident or becomes self-supporting; or (ii) The dependent, as an individual, receives unauthorized public benefits by fraud or willful misrepresentation; or (iii) The dependent, as an individual, is subject to removal pursuant to section 237 of the Act, or any other provision of the Act. [65 FR 56465, Sept. 19, 2000, as amended at 74 FR 55738, Oct. 28, 2009; 78 FR 18472, Mar. 27, 2013] §§ 214.8-214.10 [Reserved] § 214.11 Former regulations for noncitizen victims of severe forms of trafficking in persons. For DHS and USCIS regulations governing Noncitizen Victims of Severe Forms of Trafficking in Persons, see subpart C of this part. [89 FR 34931, Apr. 30, 2024] § 214.12 [Reserved] § 214.13 SEVIS fee for certain F, J, and M nonimmigrants. (a) Applicability. (1) An alien who applies for F-1 or F-3 status in order to enroll in a program of study at an SEVP-certified institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965, as amended, or in a program of study at any other SEVP-certified academic or language training institution, including private elementary, middle, and secondary schools and public secondary schools, the amount of $350; (2) An alien who applies for J-1 status in order to commence participation in an exchange visitor program designated by the Department of State, the amount of $220, with a reduced fee for certain exchange visitor categories as provided in paragraphs (b)(1) and (c) of this section; and (3) An alien who applies for M-1 or M-3 status in order to enroll in a program of study at an SEVP-certified vocational educational institution, including a flight school, in the amount of $350. (b) Aliens not subject to a fee. (1) A J-1 exchange visitor who is coming to the United States as a participant in an exchange visitor program sponsored by the Federal government, identified by a program identifier designation prefix of G-1, G-2, G-3, or G-7; (2) Dependents of F, M, or J nonimmigrants. The principal alien must pay the fee, when required under this section, in order for his/her qualifying dependents to obtain F-2, J-2, or M-2 status. However, an F-2, J-2, or M-2 dependent is not required to pay a separate fee under this section in order to obtain that status or during the time he/she remains in that status. (c) Special Fee for Certain J-1 Nonimmigrants. (d) Time for payment of SEVIS fee. (1) An alien seeking an F-1, F-3, J-1, M-1, or M-3 visa from a consular officer abroad for initial attendance at an SEVP-certified school or to commence participation in a Department of State-designated exchange visitor program, must pay the fee to DHS before issuance of the visa. (2) An alien who is exempt from the visa requirement described in section 212(d)(4) of the Act must pay the fee to DHS before the alien applies for admission at a U.S. port-of-entry to begin initial attendance at an SEVP-certified school or initial participation in a Department of State-designated exchange visitor program. (3) A nonimmigrant alien in the United States seeking a change of status to F-1, F-3, J-1, M-1, or M-3 must pay the fee to DHS before the alien is granted the change of nonimmigrant status, except as provided in paragraph (e)(4) of this section. (4) A J-1 nonimmigrant who is applying for a change of program category within the United States, in accordance with 22 CFR 62.42, must pay the fee associated with that new category, if any, prior to being granted such a change. (5) A J-1 nonimmigrant initially granted J-1 status to participate in a program sponsored by the Federal government, as defined in paragraph (b)(1) of this section, and transferring in accordance with 22 CFR 62.42 to a program that is not similarly sponsored, must pay the fee associated with the new program prior to completing the transfer. (6) A J-1 nonimmigrant who is applying for reinstatement after a substantive violation of status, or who has been out of program status for longer than 120 days but less than 270 days during the course of his/her program must pay a new fee to DHS, if applicable, prior to being granted a reinstatement to valid J-1 status. (7) An F or M student who is applying for reinstatement of student status because of a violation of status, and who has been out of status for a period of time that exceeds the presumptive ineligibility deadline set forth in 8 CFR 214.2(f)(16)(i)(A) or (m)(16)(i)(A), must pay a new fee to DHS prior to being granted a return to valid status. (8) An F-1, F-3, M-1, or M-3 nonimmigrant who has been absent from the United States for a period that exceeds 5 months in duration, and wishes to reenter the United States to engage in further study in the same course of study, with the exception of students who have been working toward completion of a U.S. course of study in authorized overseas study, must pay a new fee to DHS prior to being granted student status. (e) Circumstances where no new fee is required. (i) An application for an extension of stay, as provided in 8 CFR 214.2(f)(7) or (m)(10); (ii) An application for transfer, as provided in 8 CFR 214.2(f)(8) or (m)(11); (iii) A change in educational level, as provided in 8 CFR 214.2(f)(5)(ii); or (iv) An application for post-completion practical training, as provided in 8 CFR 214.2(f)(10)(ii) or (m)(14). (2) Extension of program or transfer for exchange visitors. A J-1 nonimmigrant is not required to pay a new fee in connection with: (i) An application for an extension of program, as provided in 22 CFR 62.43; or (ii) An application for transfer of program, as provided in 22 CFR 62.42. (3) Visa issuance for a continuation of study. An F-1, F-3, J-1, M-1, or M-3 nonimmigrant who has previously paid the fee is not required to pay a new fee in order to be granted a visa to return to the United States as a continuing student or exchange visitor in a single course of study, so long as the nonimmigrant is not otherwise required to pay a new fee in accordance with the other provisions in this section. (4) Certain changes in student classification. (i) No fee is required for changes between the F-1 and F-3 classifications, and no fee is required for changes between the M-1 and M-3 classifications. (ii) Institutional reclassification. DHS retains the discretionary authority to waive the additional fee requirement when a nonimmigrant changes classification between F and M, if the change of status is due solely to institutional reclassification by the Student and Exchange Visitor Program during that nonimmigrant's course of study. (5) Re-application following denial of application by consular officer. An alien who fully paid a SEVIS fee in connection with an initial application for an F-1, F-3, M-1, or M-3 visa, or a J-1 visa in a particular program category, whose initial application was denied, and who is reapplying for the same status, or the same J-1 exchange visitor category, within 12 months following the initial notice of denial is not required to repay the SEVIS fee. (6) Re-application following denial of an application for a change of status. A nonimmigrant who fully paid a SEVIS fee in connection with an initial application for a change of status within in the United States to F-1, F-3, M-1, or M-3 classification, or for a change of status to a particular J-1 exchange visitor category, whose initial application was denied, and who is granted a motion to reopen the denied case is not required to repay the SEVIS fee if the motion to reopen is granted within 12 months of receipt of initial notice of denial. (f) [Reserved] (g) Procedures for payment of the SEVIS fee Options for payment. (i) Submission of Form I-901, to DHS by mail, along with the proper fee paid by check, money order, or foreign draft drawn on a financial institution in the United States and payable in United States currency, as provided by 8 CFR 103.7(d)(8); (ii) Electronic submission of Form I-901 to DHS using a credit card or other electronic means of payment accepted by DHS; or, (iii) A designated payment service and receipt mechanism approved and set forth in future guidance by DHS. (2) Receipts. Federal Register (i) DHS will provide for an expedited delivery of the receipt, upon request and receipt of an additional fee; (ii) If payment was made electronically, both DHS and the Department of State will accept a properly completed receipt that is printed-out electronically, in lieu of the receipt generated by DHS; (iii) If payment was made through an approved payment service, DHS and the Department of State will accept a properly completed receipt issued by the payment service, in lieu of the receipt generated by DHS. (3) Electronic record of fee payment. (4) Third-party payments. (h) Failure to pay the fee. (1) For purposes of reinstatement to F or M status, failure to pay the required fee will be considered a “willful violation” under 8 CFR 214.2(f)(16) or (m)(16), unless DHS determines that there are sufficient extenuating circumstances (as determined at the discretion of the Student and Exchange Visitor Program). (2) For purposes of reinstatement to valid J program status, failure to pay the required fee will not be considered a “minor or technical infraction” under 22 CFR 62.45. [69 FR 39825, July 1, 2004; 69 FR 41388, July 9, 2004, as amended at 73 FR 55704, Sept. 26, 2008; 84 FR 23979, May 23, 2019; 87 FR 75911, Dec. 12, 2022] § 214.14 Alien victims of certain qualifying criminal activity. (a) Definitions. (1) BIWPA amended by amended by (2) Certifying agency (3) Certifying official (i) The head of the certifying agency, or any person(s) in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications on behalf of that agency; or (ii) A Federal, State, or local judge. (4) Indian Country (i) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (ii) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (iii) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments. (5) Investigation or prosecution (6) Military Installation (7) Next friend (8) Physical or mental abuse (9) Qualifying crime or qualifying criminal activity (10) Qualifying family member qualifying family member (11) Territories and Possessions of the United States (12) U nonimmigrant status certification (13) U interim relief (14) Victim of qualifying criminal activity (i) The alien spouse, children under 21 years of age and, if the direct victim is under 21 years of age, parents and unmarried siblings under 18 years of age, will be considered victims of qualifying criminal activity where the direct victim is deceased due to murder or manslaughter, or is incompetent or incapacitated, and therefore unable to provide information concerning the criminal activity or be helpful in the investigation or prosecution of the criminal activity. For purposes of determining eligibility under this definition, USCIS will consider the age of the victim at the time the qualifying criminal activity occurred. (ii) A petitioner may be considered a victim of witness tampering, obstruction of justice, or perjury, including any attempt, solicitation, or conspiracy to commit one or more of those offenses, if: (A) The petitioner has been directly and proximately harmed by the perpetrator of the witness tampering, obstruction of justice, or perjury; and (B) There are reasonable grounds to conclude that the perpetrator committed the witness tampering, obstruction of justice, or perjury offense, at least in principal part, as a means: ( 1 ( 2 (iii) A person who is culpable for the qualifying criminal activity being investigated or prosecuted is excluded from being recognized as a victim of qualifying criminal activity. (b) Eligibility. (1) The alien has suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity. Whether abuse is substantial is based on a number of factors, including but not limited to: The nature of the injury inflicted or suffered; the severity of the perpetrator's conduct; the severity of the harm suffered; the duration of the infliction of the harm; and the extent to which there is permanent or serious harm to the appearance, health, or physical or mental soundness of the victim, including aggravation of pre-existing conditions. No single factor is a prerequisite to establish that the abuse suffered was substantial. Also, the existence of one or more of the factors automatically does not create a presumption that the abuse suffered was substantial. A series of acts taken together may be considered to constitute substantial physical or mental abuse even where no single act alone rises to that level; (2) The alien possesses credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based. The alien must possess specific facts regarding the criminal activity leading a certifying official to determine that the petitioner has, is, or is likely to provide assistance to the investigation or prosecution of the qualifying criminal activity. In the event that the alien has not yet reached 16 years of age on the date on which an act constituting an element of the qualifying criminal activity first occurred, a parent, guardian or next friend of the alien may possess the information regarding a qualifying crime. In addition, if the alien is incapacitated or incompetent, a parent, guardian, or next friend may possess the information regarding the qualifying crime; (3) The alien has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity upon which his or her petition is based, and since the initiation of cooperation, has not refused or failed to provide information and assistance reasonably requested. In the event that the alien has not yet reached 16 years of age on the date on which an act constituting an element of the qualifying criminal activity first occurred, a parent, guardian or next friend of the alien may provide the required assistance. In addition, if the petitioner is incapacitated or incompetent and, therefore, unable to be helpful in the investigation or prosecution of the qualifying criminal activity, a parent, guardian, or next friend may provide the required assistance; and (4) The qualifying criminal activity occurred in the United States (including Indian country and U.S. military installations) or in the territories or possessions of the United States, or violated a U.S. federal law that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court. (c) Application procedures for U nonimmigrant status Filing a petition. (i) Petitioners in pending immigration proceedings. (ii) Petitioners with final orders of removal, deportation, or exclusion. (2) Initial evidence. (i) Form I-918, Supplement B, “U Nonimmigrant Status Certification,” signed by a certifying official within the six months immediately preceding the filing of Form I-918. The certification must state that: the person signing the certificate is the head of the certifying agency, or any person(s) in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications on behalf of that agency, or is a Federal, State, or local judge; the agency is a Federal, State, or local law enforcement agency, or prosecutor, judge or other authority, that has responsibility for the detection, investigation, prosecution, conviction, or sentencing of qualifying criminal activity; the applicant has been a victim of qualifying criminal activity that the certifying official's agency is investigating or prosecuting; the petitioner possesses information concerning the qualifying criminal activity of which he or she has been a victim; the petitioner has been, is being, or is likely to be helpful to an investigation or prosecution of that qualifying criminal activity; and the qualifying criminal activity violated U.S. law, or occurred in the United States, its territories, its possessions, Indian country, or at military installations abroad. (ii) Any additional evidence that the petitioner wants USCIS to consider to establish that: the petitioner is a victim of qualifying criminal activity; the petitioner has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity; the petitioner (or, in the case of a child under the age of 16 or petitioner who is incompetent or incapacitated, a parent, guardian or next friend of the petitioner) possesses information establishing that he or she has knowledge of the details concerning the qualifying criminal activity of which he or she was a victim and upon which his or her application is based; the petitioner (or, in the case of a child under the age of 16 or petitioner who is incompetent or incapacitated, a parent, guardian or next friend of the petitioner) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement agency, prosecutor, or authority, or Federal or State judge, investigating or prosecuting the criminal activity of which the petitioner is a victim; or the criminal activity is qualifying and occurred in the United States (including Indian country and U.S. military installations) or in the territories or possessions of the United States, or violates a U.S. federal law that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court; (iii) A signed statement by the petitioner describing the facts of the victimization. The statement also may include information supporting any of the eligibility requirements set out in paragraph (b) of this section. When the petitioner is under the age of 16, incapacitated, or incompetent, a parent, guardian, or next friend may submit a statement on behalf of the petitioner; and (iv) If the petitioner is inadmissible, Form I-192, “Application for Advance Permission to Enter as Non-Immigrant,” in accordance with 8 CFR 212.17. (3) Biometric capture. (4) Evidentiary standards and burden of proof. (5) Decision. (i) Approval of Form I-918, generally. (A) Notice of Approval of Form I-918 for U-1 petitioners within the United States. (B) Notice of Approval of Form I-918 for U-1 petitioners outside the United States. (ii) Denial of Form I-918. (6) Petitioners granted U interim relief. (7) Employment authorization. (d) Annual cap on U-1 nonimmigrant status General. (2) Waiting list. (3) Unlawful presence. (e) Restrictions on use and disclosure of information relating to petitioners for U nonimmigrant classification General. (i) By the Secretary of Homeland Security, at his discretion, in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under 13 U.S.C. 8; (ii) By the Secretary of Homeland Security, at his discretion, to law enforcement officials to be used solely for a legitimate law enforcement purpose; (iii) In conjunction with judicial review of a determination in a manner that protects the confidentiality of such information; (iv) After adult petitioners for U nonimmigrant status or U nonimmigrant status holders have provided written consent to waive the restrictions prohibiting the release of information; (v) To Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to 8 U.S.C. 1641(c); (vi) After a petition for U nonimmigrant status has been denied in a final decision; (vii) To the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, provided the disclosure relates to information about a closed case and is made in a manner that protects the confidentiality of the information and omits personally identifying information (including locational information about individuals); (viii) With prior written consent from the petitioner or derivative family members, to nonprofit, nongovernmental victims' service providers for the sole purpose of assisting the victim in obtaining victim services from programs with expertise working with immigrant victims; or (ix) To federal prosecutors to comply with constitutional obligations to provide statements by witnesses and certain other documents to defendants in pending federal criminal proceedings. (2) Agencies receiving information under this section, whether governmental or non-governmental, are bound by the confidentiality provisions and other restrictions set out in 8 U.S.C. 1367. (3) Officials of the Department of Homeland Security are prohibited from making adverse determinations of admissibility or deportability based on information obtained solely from the perpetrator of substantial physical or mental abuse and the criminal activity. (f) Admission of qualifying family members Eligibility. i.e. (i) The alien for whom U-2, U-3, U-4, or U-5 status is being sought is a qualifying family member, as defined in paragraph (a)(10) of this section; and (ii) The qualifying family member is admissible to the United States. (2) Filing procedures. (i) Qualifying family members in pending immigration proceedings. The principal alien of a qualifying family member who is in removal proceedings under section 240 of the Act, 8 U.S.C. 1229a, or in exclusion or deportation proceedings initiated under former sections 236 or 242 of the Act, 8 U.S.C. 1226 and 1252 (as in effect prior to April 1, 1997), and who is seeking U nonimmigrant status, must file a Form I-918, Supplement A directly with USCIS. ICE counsel may agree to file, at the request of the qualifying family member, a joint motion to terminate proceedings without prejudice with the immigration judge or Board of Immigration Appeals, whichever is appropriate, while the petition for U nonimmigrant status is being adjudicated by USCIS. (ii) Qualifying family members with final orders of removal, deportation, or exclusion. An alien who is the subject of a final order of removal, deportation, or exclusion is not precluded from filing a petition for U-2, U-3, U-4, or U-5 nonimmigrant status directly with USCIS. The filing of a petition for U-2, U-3, U-4, or U-5 nonimmigrant status has no effect on ICE's authority to execute a final order, although the alien may file a request for a stay of removal pursuant to 8 CFR 241.6(a) and 8 CFR 1241.6(a). If the alien is in detention pending execution of the final order, the time during which a stay is in effect will extend the period of detention (under the standards of 8 CFR 241.4) reasonably necessary to bring about the alien's removal. (3) Initial evidence. (i) Evidence demonstrating the relationship of a qualifying family member, as provided in paragraph (f)(4) of this section; (ii) If the qualifying family member is inadmissible, Form I-192, “Application for Advance Permission to Enter as a Non-Immigrant,” in accordance with 8 CFR 212.17. (4) Relationship. (i) If the U-1 principal alien proves that he or she has become the parent of a child after Form I-918 was filed, the child shall be eligible to accompany or follow to join the U-1 principal alien. (ii) If the principal alien was under 21 years of age at the time he or she filed Form I-918, and filed Form I-918, Supplement A for an unmarried sibling under the age of 18, USCIS will continue to consider such sibling as a qualifying family member for purposes of U nonimmigrant status even if the principal alien is no longer under 21 years of age at the time of adjudication, and even if the sibling is no longer under 18 years of age at the time of adjudication. (5) Biometric capture and evidentiary standards. (6) Decision. (i) Approvals for qualifying family members within the United States. (ii) Approvals for qualifying family members outside the United States. (iii) Denial of the Form I-918, Supplement A. (7) Employment authorization. (g) Duration of U nonimmigrant status In general. (2) Extension of status. (ii) Extensions of U nonimmigrant status beyond the 4-year period are available upon attestation by the certifying official that the alien's presence in the United States continues to be necessary to assist in the investigation or prosecution of qualifying criminal activity. In order to obtain an extension of U nonimmigrant status based upon such an attestation, the alien must file Form I-539 and a newly executed Form I-918, Supplement B in accordance with the instructions to Form I-539. (h) Revocation of approved petitions for U nonimmigrant status Automatic revocation. (2) Revocation on notice. (A) The certifying official withdraws the U nonimmigrant status certification referred to in 8 CFR 214.14(c)(2)(i) or disavows the contents in writing; (B) Approval of the petition was in error; (C) Where there was fraud in the petition; (D) In the case of a U-2, U-3, U-4, or U-5 nonimmigrant, the relationship to the principal petitioner has terminated; or (E) In the case of a U-2, U-3, U-4, or U-5 nonimmigrant, the principal U-1's nonimmigrant status is revoked. (ii) The notice of intent to revoke must be in writing and contain a statement of the grounds for the revocation and the time period allowed for the U nonimmigrant's rebuttal. The alien may submit evidence in rebuttal within 30 days of the date of the notice. USCIS shall consider all relevant evidence presented in deciding whether to revoke the approved petition for U nonimmigrant status. The determination of what is relevant evidence and the weight to be given to that evidence will be within the sole discretion of USCIS. If USCIS revokes approval of a petition and thereby terminates U nonimmigrant status, USCIS will provide the alien with a written notice of revocation that explains the specific reasons for the revocation. (3) Appeal of a revocation of approval. (4) Effects of revocation of approval. (i) Removal proceedings. [72 FR 53036, Sept. 17, 2007, as amended at 72 FR 54813, Sept. 27, 2007; 74 FR 55738, Oct. 28, 2009; 78 FR 18472, Mar. 27, 2013; 85 FR 46925, Aug. 3, 2020; 89 FR 6398, Jan. 31, 2024] § 214.15 Certain spouses and children of lawful permanent residents. (a) Aliens abroad. (1) A relative visa petition; (2) The availability of an immigrant visa number; or (3) Lawful permanent resident (LPR) status through adjustment of status or an immigrant visa. (b) Aliens already in the United States. (c) Eligibility. (1) Such immigrant visa petition has been pending for 3 years or more; or (2) Such petition has been approved, and 3 or more years have passed since such filing date, in either of the following circumstances: (i) An immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas under section 203(a)(2)(A) of the Act; or (ii) The alien's application for an immigrant visa, or the alien's application for adjustment of status under section 245 of the Act, pursuant to the approval of such petition, remains pending. (d) The definition of “pending petition.” (e) Classification process for aliens outside the United States V nonimmigrant visa. (2) Aliens applying for admission to the United States as a V nonimmigrant at a port-of-entry. (f) Application by aliens in the United States. (1) Contents of application. (i) Form I-539, Application to Extend/Change Nonimmigrant Status, with the fee required by § 103.7(b)(1) of this chapter; (ii) The fingerprint fee as required by § 103.2(e)(4) of this chapter; (iii) Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement; and (iv) Evidence of eligibility as described by Supplement A to Form I-539 and in paragraph (f)(2) of this section. (2) Evidence. (g) Period of admission Spouse of an LPR. (2) Child of an LPR or derivative child. (3) Extension of status. (4) Special rules. (i) For an otherwise eligible alien who applies for admission to the United States in a V nonimmigrant category at a designated Port-of-Entry and has a current priority date but does not have a pending immigrant visa abroad or application for adjustment of status in the United States, the Service will admit the alien for a 6-month period (or to the date of the day before the alien's 21st birthday, as appropriate). (ii) For such an alien in the United States who applies for extension of V nonimmigrant status, the Service will grant a one-time extension not to exceed 6 months. (iii) If the alien has not filed an application, either for adjustment of status or for an immigrant visa within that 6-month period, the alien cannot extend or be admitted or readmitted to V nonimmigrant status. If the alien does file an application, either for adjustment of status or for an immigrant visa within the time allowed, the alien will continue to be eligible for further extensions of V nonimmigrant status as provided in this section while that application remains pending. (h) Employment authorization. (i) Travel abroad; unlawful presence V nonimmigrant status in the United States. (2) V nonimmigrants with a pending Form I-485. (3) Unlawful presence Nonimmigrant admission. (ii) Permanent resident status. (j) Termination of status General. (i) The denial, withdrawal, or revocation of the Form I-130, Petition for Immediate Relative, filed on behalf of that alien; (ii) The denial or withdrawal of the immigrant visa application filed by that alien; (iii) The denial or withdrawal of the alien's application for adjustment of status to that of lawful permanent residence; (iv) The V-1 spouse's divorce from the LPR becomes final; or (v) The marriage of an alien in V-2 or V-3 status. (2) Dependents. (3) Appeals. (4) Violations of status. (k) Naturalization of the petitioner. (l) Aliens in proceedings. [66 FR 46702, Sept. 7, 2001, as amended at 72 FR 19107, Apr. 17, 2007] Subpart B [Reserved] Subpart C—Noncitizen Victims of Severe Forms of Trafficking in Persons Source: 89 FR 34931, Apr. 30, 2024 § 214.200 Scope of this subpart. This subpart governs the submission and adjudication of an Application for T Nonimmigrant Status, including a request by a principal applicant on behalf of an eligible family member for derivative status. § 214.201 Definitions. Where applicable, USCIS will apply the definitions provided in section 103 and 107(e) of the Trafficking Victims Protection Act (TVPA), 22 U.S.C. 7102, and 8 U.S.C. 1101, 1182(d), and 1184, with due regard for the definitions and application of these terms in 28 CFR part 1100 and the provisions of 18 U.S.C. 77. As used in this section the term: Abuse or threatened abuse of the legal process Application for Derivative T Nonimmigrant Status Application for T Nonimmigrant Status Child Coercion Commercial sex act Debt bondage Derivative T nonimmigrant Eligible family member (1) A family member eligible for derivative T nonimmigrant status based on their relationship to a principal applicant or T-1 nonimmigrant and, if required, upon a showing of a present danger of retaliation; (2) In the case of a principal applicant or T-1 nonimmigrant who is 21 years of age or older, the spouse and children of such applicant; (3) In the case of a principal applicant or T-1 nonimmigrant under 21 years of age, the spouse, children, unmarried siblings under 18 years of age, and parents of such applicant; and (4) Regardless of the age of a principal applicant or T-1 nonimmigrant, any parent or unmarried sibling under 18 years of age, or adult or minor child of a derivative of such principal applicant or T-1 nonimmigrant where the family member faces a present danger of retaliation as a result of the principal applicant or T-1 nonimmigrant's escape from a severe form of trafficking in persons or cooperation with law enforcement. Involuntary servitude, (1) Means a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or a condition of servitude induced by the abuse or threatened abuse of legal process; and (2) Includes a condition of servitude in which the victim is forced to work for the trafficker by the use or threat of physical restraint or physical injury, or by the use or threat of coercion through the law or the legal process. This definition encompasses those cases in which the trafficker holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion. Law Enforcement Agency (LEA) Law Enforcement Agency (LEA) declaration Law enforcement involvement, Peonage Principal applicant Request for assistance Serious harm Severe form of trafficking in persons Sex trafficking T-1 nonimmigrant United States Victim of a severe form of trafficking in persons (victim) § 214.202 Eligibility for T-1 nonimmigrant status. An applicant is eligible for T-1 nonimmigrant status under section 101(a)(15)(T)(i) of the Act if they demonstrate all of the following, subject to section 214(o) of the Act: (a) Victim. (b) Physical presence. (c) Compliance with any reasonable request for assistance. (1) Exemption for minor victims. (2) Exception for trauma. (d) Hardship. (e) Prohibition against traffickers in persons. § 214.203 Period of admission. (a) T-1 Principal. (b) Derivative family members. (c) Notice. § 214.204 Application. (a) Jurisdiction. (b) Filing an application. (1) Applicants in pending immigration proceedings. (ii) In its discretion, ICE may exercise prosecutorial discretion, as appropriate, while USCIS adjudicates the Application for T Nonimmigrant Status, including applications for derivatives. (2) Applicants with final orders of removal, deportation, or exclusion. (i) The filing of an Application for T Nonimmigrant Status has no effect on DHS authority or discretion to execute a final order of removal, although the applicant may request an administrative stay of removal pursuant to 8 CFR 241.6(a). (ii) If the applicant is in detention pending execution of the final order, the period of detention (under the standards of 8 CFR 241.4) reasonably necessary to bring about the applicant's removal will be extended during the period the stay is in effect. (iii) If USCIS subsequently determines under the procedures in § 214.205 that the application is bona fide, the final order of removal, deportation, or exclusion will be automatically stayed, and the stay will remain in effect until a final decision is made on the Application for T Nonimmigrant Status. (3) Referral of applicants for removal proceedings. (4) Minor applicants. (c) Initial evidence. (1) A detailed, signed personal statement from the applicant, in their own words, addressing: (i) The circumstances surrounding the applicant's victimization, including: (A) The nature of the victimization; and (B) To the extent possible, the following: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (ii) How the applicant's physical presence in the United States relates to the trafficking; (iii) The hardship, including harm or mistreatment the applicant fears if they are removed from the United States; and (iv) Whether they have complied with any reasonable law enforcement request for assistance and whether any criminal, civil or administrative records relating to the acts of trafficking exist, if known, (or if applicable, why the age exemption or trauma exception applies); and (2) Any credible evidence that supports any of the eligibility requirements set out in §§ 214.206 through 214.209. (d) Inadmissible applicants. (e) Evidence from law enforcement. (1) Is optional evidence; (2) Is not given any special evidentiary weight; (3) Does not grant an immigration benefit and does not lead to automatic approval of the Application for T Nonimmigrant Status; (4) Must be submitted on the “Declaration for Trafficking Victim,” and must be signed by a supervising official responsible for the detection, investigation, or prosecution of severe forms of trafficking in persons; (5) Is completed at the discretion of the certifying official; and (6) Does not require that a formal investigation or prosecution be initiated. (f) Any credible evidence. (g) USCIS determination. (h) Disavowed or withdrawn LEA declaration. (i) Continued Presence. (j) Other evidence. (k) Biometric services. (l) Evidentiary standards, standard of proof, and burden of proof. (2) USCIS will conduct a review of all evidence and may investigate any aspect of the application. (3) Evidence previously submitted by the applicant for any immigration benefit request or relief may be used by USCIS in evaluating the eligibility of an applicant for T-1 nonimmigrant status. USCIS will not be bound by previous factual determinations made in connection with a prior application or petition for any immigration benefit or relief. USCIS will determine, in its sole discretion, the evidentiary value of previously or concurrently submitted evidence. (4) USCIS will consider the totality of the evidence the applicant submitted and other evidence available to USCIS in evaluating an Application for T Nonimmigrant Status. (m) Bona fide determination. (n) Decision. (o) Approval. (1) Applicants with an outstanding order of removal, deportation, or exclusion issued by DHS. (2) Applicants with an outstanding order of removal, deportation, or exclusion issued by the Department of Justice. (3) Employment authorization. (p) Travel abroad. (q) Denial. (1) Effect on bona fide determination. (2) Applicants previously in removal proceedings. (3) Applicants subject to an order of removal, deportation, or exclusion. [89 FR 34931, Apr. 30, 2024; 89 FR 68082, Aug. 23, 2024] § 214.205 Bona fide determination. (a) Bona fide determinations for principal applicants for T nonimmigrant status. (1) Request for evidence. (2) Initial review criteria. (i) The applicant has submitted a properly filed and complete Application for T Nonimmigrant Status; (ii) The applicant has submitted a signed personal statement; and (iii) The results of initial background checks are complete, have been reviewed, and do not present national security concerns. (3) Secondary review criteria. (b) Bona fide determinations for eligible family members in the United States. (1) If an Application for Derivative T Nonimmigrant Status was pending as of August 28, 2024, and additional evidence is required to establish eligibility for derivative T nonimmigrant status, USCIS will issue a request for evidence and conduct a bona fide review based on available evidence. (2) After initial review, USCIS will determine an Application for Derivative T Nonimmigrant Status is bona fide if: (i) The eligible family member is in the United States at the time of the bona fide determination; (ii) The principal applicant or T-1 nonimmigrant has submitted a properly filed and complete Application for Derivative T Nonimmigrant Status; (iii) The Application for Derivative T Nonimmigrant Status is supported by credible evidence that the derivative applicant qualifies as an eligible family member; and (iv) Initial background checks are complete, have been reviewed, and do not present national security concerns. (3) If initial review does not establish an Application for Derivative T Nonimmigrant Status is bona fide, USCIS will conduct a full T nonimmigrant status eligibility review. An Application for Derivative T Nonimmigrant Status that meets all eligibility requirements during this secondary review will be approved, or if the statutory cap has been reached, will receive a bona fide determination. (c) Notice of USCIS determination. (d) Not considered bona fide. (1) For applications found not to be bona fide upon initial review, USCIS will proceed to full T nonimmigrant status eligibility review as described in paragraphs (a)(3) and (b)(3) of this section, generally in order of application receipt date. (2) If an application is found through this review not to establish eligibility for T nonimmigrant status, the application will be denied in accordance with § 214.204(q). (e) Exercise of discretion. (2) If, after review of the available information including background checks, USCIS determines that deferred action is warranted in a particular case as an exercise of enforcement discretion, USCIS will then proceed to adjudication of the Application for Employment Authorization, if one has been filed. (3) There are no motion or appeal rights for the exercise of enforcement discretion under this section. (f) Bona fide determinations for applicants in removal proceedings. (g) Stay of final order of removal, deportation, or exclusion. (2) This administrative stay will remain in effect until any adverse decision becomes final. (3) Neither an immigration judge nor the Board has jurisdiction to adjudicate an application for a stay of removal, deportation, or exclusion on the basis of the filing of an Application for T Nonimmigrant Status or Application for Derivative T Nonimmigrant Status. [89 FR 34931, Apr. 30, 2024; 89 FR 68083, Aug. 23, 2024, as amended at 90 FR 2921, Jan. 14, 2025] § 214.206 Victim of a severe form of trafficking in persons. (a) Evidence. (1) That they are or have been a victim of a severe form of trafficking in persons. Except in instances of sex trafficking involving victims under 18 years of age, severe forms of trafficking in persons must involve both a particular means (force, fraud, or coercion) and a particular end or a particular intended end (sex trafficking, involuntary servitude, peonage, debt bondage, or slavery); or (2) If an applicant has not performed labor or services, or a commercial sex act, they must establish that they were recruited, transported, harbored, provided, or obtained for the purposes of subjection to sex trafficking, involuntary servitude, peonage, debt bondage, or slavery, or patronized or solicited for the purposes of subjection to sex trafficking. (3) The applicant may satisfy the requirements under paragraph (a)(1) or (2) of this section by submitting: (i) The applicant's personal statement, which should describe the circumstances of the victimization suffered. For more information regarding the personal statement, see § 214.204(c). (ii) Any other credible evidence, including but not limited to: (A) Trial transcripts; (B) Court documents; (C) Police reports or other documentation from an LEA; (D) News articles; (E) Copies of reimbursement forms for travel to and from court; (F) Affidavits from case managers, therapists, medical professionals, witnesses, or other victims in the same trafficking scheme; (G) Correspondence or other documentation from the trafficker; (H) Documents used in furtherance of the trafficking scheme such as recruitment materials, advertisements, pay stubs, logbooks, or contracts; (I) Photographs or images; (J) An LEA declaration as described in § 214.204(c); or (K) Documentation of a grant of Continued Presence under 28 CFR 1100.35. (b) [Reserved] § 214.207 Physical presence. (a) Requirement. (1) Are currently being subjected to a severe form of trafficking in persons; (2) Were liberated from a severe form of trafficking in persons by an LEA, at any time prior to filing the Application for T Nonimmigrant Status; (3) Escaped a severe form of trafficking in persons before an LEA was involved, at any time prior to filing the Application for T Nonimmigrant Status; (4) Were subject to a severe form of trafficking in persons at some point in the past and their current presence in the United States is directly related to the original trafficking in persons, regardless of the length of time that has passed between the trafficking and filing of the Application for T Nonimmigrant Status; or (5) Have been allowed entry into the United States for participation in the detection, investigation, prosecution, or judicial processes associated with an act or perpetrator of trafficking. (i) An applicant will be deemed physically present under this provision regardless of where such trafficking occurred. (ii) To demonstrate that the applicant's physical presence is for participation in an investigative or judicial process, the applicant must submit documentation to show valid entry into the United States and evidence that this valid entry is for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. (b) Departure from the United States. (1) The applicant's reentry into the United States was the result of the continued victimization of the applicant; (2) The applicant is a victim of a new incident of a severe form of trafficking in persons; (3) The applicant has been allowed reentry into the United States for participation in the detection, investigation, prosecution, or judicial process associated with an act or a perpetrator of trafficking. An applicant will be deemed physically present under this provision regardless of where such trafficking occurred. To demonstrate that the applicant's physical presence is for participation in an investigative or judicial process, the applicant must submit documentation to show valid entry into the United States and evidence that this valid entry is for participation in investigative or judicial processes associated with an act or perpetrator of trafficking; (4) The applicant's presence in the United States is on account of their past or current participation in investigative or judicial processes associated with an act or perpetrator of trafficking, regardless of where such trafficking occurred. The applicant may satisfy physical presence under this provision regardless of the length of time that has passed between their participation in an investigative or judicial process associated with an act or perpetrator of trafficking and the filing of the Application for T Nonimmigrant Status; or (5) The applicant returned to the United States and received treatment or services related to their victimization that cannot be provided in their home country or last place of residence outside the United States. (c) Evidence. (1) A detailed personal statement describing the applicant's current presence in the United States on account of the trafficking, including: (i) The circumstances describing the victimization, including when the events took place, the length and severity of the trafficking, how and when the applicant escaped, was rescued, or otherwise became separated from the traffickers, when the trafficking ended, and when and how the applicant learned that they were a victim of human trafficking; (ii) An explanation of any physical health effects or psychological trauma the applicant has suffered as a result of the trafficking and a description of how this trauma impacts the applicant's life at the time of filing; (iii) The financial impact of the victimization; (iv) The applicant's ability to access mental health services, social services, and legal services; (v) Any relevant description of the applicant's cooperation with law enforcement at the time of filing; (vi) A description of how the victimization relates to the applicant's current presence in the U.S., if relevant. (2) Affidavits, evaluations, diagnoses, or other records from the applicant's service providers (including therapists, psychologists, psychiatrists, and social workers) documenting the therapeutic, psychological, or medical services the applicant has sought or is currently accessing as a result of victimization and that describe how the applicant's life is being impacted by the trauma at the time of filing, and describing any mental health conditions resulting from the trafficking; (3) Documentation of any stabilizing services and benefits, including financial, language, housing, or legal resources, the applicant is accessing or has accessed as a result of being trafficked. For those services and benefits not currently being accessed, the record should demonstrate how those past services and benefits related to trauma the applicant is experiencing at the time of filing; (4) An LEA declaration as described in § 214.204(c) or other statements from LEAs documenting the cooperation between the applicant and the LEA or law enforcement involvement in liberating the applicant; (5) Documentation of a grant of Continued Presence under 28 CFR 1100.35; (6) Any other documentation of entry into the United States or permission to remain in the United States, such as parole under section 212(d)(5) of the Act, or a notation that such evidence is contained in the applicant's immigration file; (7) Copies of news reports, law enforcement records, or court records; or (8) Any other credible evidence to establish the applicant's current presence in the United States is on account of the trafficking victimization. § 214.208 Compliance with any reasonable request for assistance in the detection, investigation, or prosecution of an act of trafficking. (a) Requirement. (b) Applicability. (c) Reasonable requests. (1) General law enforcement and prosecutorial practices; (2) The nature of the victimization; (3) The specific circumstances of the victim; (4) The victim's capacity, competency, or lack thereof; (5) Trauma suffered (both mental and physical) or whether the request would cause further trauma; (6) Access to support services; (7) The safety of the victim or the victim's family; (8) Compliance with previous requests and the extent of such compliance; (9) Whether the request would yield essential information; (10) Whether the information could be obtained without the victim's compliance; (11) Whether a qualified interpreter or attorney was present to ensure the victim understood the request; (12) Cultural, religious, or moral objections to the request; (13) The time the victim had to comply with the request; (14) The age, health, and maturity of the victim; and (15) Any other relevant circumstances surrounding the request. (d) Evidence. (1) An LEA declaration as described in § 214.204(c); (2) Documentation of a grant of Continued Presence under 28 CFR 1100.35; or (3) Any other evidence, including affidavits of witnesses. In the victim's statement prescribed by § 214.204(c), the applicant should show that an LEA that has responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking in persons has information about such trafficking in persons, that the victim has complied with any reasonable request for assistance in the investigation or prosecution of such acts of trafficking, and, if the victim did not report the crime, why the crime was not previously reported. (e) Exception or exemption. (1) Trauma. (i) A personal statement describing the trauma and explaining the circumstances surrounding the trauma the applicant experienced, including their age, background, maturity, health, disability, and any history of abuse or exploitation; (ii) A signed statement from a qualified professional, such as a medical professional, mental health professional, social worker, or victim advocate, who attests to the victim's mental state or medical condition; (iii) Medical or psychological records documenting the trauma or its impact; (iv) Witness statements; (v) Photographs; (vi) Police reports; (vii) Court records and court orders; (viii) Disability determinations; (ix) Government agency findings; or (x) Any other credible evidence. (2) Age. (f) Exception or exemption established. § 214.209 Extreme hardship involving unusual and severe harm. To be eligible for T-1 nonimmigrant status, an applicant must demonstrate that removal from the United States would subject the applicant to extreme hardship involving unusual and severe harm. (a) Standard. (b) Factors. (1) The age, maturity, and personal circumstances of the applicant; (2) Any physical or psychological issues the applicant has that necessitate medical or psychological care not reasonably available in the foreign country to which the applicant would be returned; (3) The nature and extent of the physical and psychological consequences of having been a victim of a severe form of trafficking in persons; (4) The impact of the loss of access to the United States courts and the criminal justice system for purposes relating to the incident of a severe form of trafficking in persons or other crimes perpetrated against the applicant, including criminal and civil redress for acts of trafficking in persons, criminal prosecution, restitution, and protection; (5) The reasonable expectation that the existence of laws, social practices, or customs in the foreign country to which the applicant would be returned would penalize the applicant severely for having been the victim of a severe form of trafficking in persons; (6) The likelihood of re-victimization and the need, ability, and willingness of foreign authorities to protect the applicant; (7) The likelihood that the trafficker or others acting on behalf of the trafficker in the foreign country would cause the applicant harm; (8) The likelihood that the applicant's individual safety would be threatened by the existence of civil unrest or armed conflict; or (9) Current or likelihood of future economic harm. (c) Evidence. (2) Hardship to persons other than the applicant may be considered in determining whether an applicant will suffer the requisite hardship only if the related evidence demonstrates specifically that the applicant will suffer extreme hardship upon removal as a result of hardship to persons other than the applicant. (3) The applicant may satisfy this requirement by submitting any credible evidence regarding the nature and scope of the hardship if the applicant was removed from the United States, including evidence of hardship arising from circumstances surrounding the victimization and any other circumstances. (4) An applicant may submit a personal statement or other evidence, including evidence from relevant country condition reports and any other public or private sources of information. § 214.210 Annual numerical limit. (a) 5,000 per fiscal year. (b) Waiting list. (1) Will assign priority on the waiting list based on the date the application was properly filed, with the oldest applications receiving the highest priority for processing; (2) Will in the next fiscal year, issue a number to each application on the waiting list, in the order of the highest priority; and (3) After T-1 nonimmigrant status has been issued to eligible applicants on the waiting list, USCIS will issue any remaining T-1 nonimmigrant numbers for that fiscal year to new eligible applicants in the order the applications were filed. (c) Unlawful presence. (d) Removal from the waiting list. § 214.211 Application for eligible family members. (a) Eligibility. (1) Principal applicant 21 years of age or older. (2) Principal applicant under 21 years of age. (3) Family member facing danger of retaliation. (4) Admission requirements. (b) Application. Application submission. (i) The Application for Derivative T Nonimmigrant Status for an eligible family member may be filed with the T-1 application, or separately. (ii) T nonimmigrant status for eligible family members is dependent on the principal applicant having been granted T-1 nonimmigrant status and the principal applicant maintaining T-1 nonimmigrant status. (iii) If a T-1 nonimmigrant cannot maintain status due to their death, the provisions of section 204(l) of the Act may apply. (2) Eligible family members in pending immigration proceedings. (ii) At the request of the eligible family member, ICE may exercise prosecutorial discretion, as appropriate, while USCIS adjudicates an Application for Derivative T Nonimmigrant Status. (3) Eligible family members with final orders of removal, deportation, or exclusion. (ii) The filing of an Application for Derivative T Nonimmigrant Status has no effect on ICE's authority or discretion to execute a final order, although the applicant may file a request for an administrative stay of removal pursuant to 8 CFR 241.6(a). (iii) If the eligible family member is in detention pending execution of the final order, the period of detention (under the standards of 8 CFR 241.4) will be extended while a stay is in effect for the period reasonably necessary to bring about the applicant's removal. (c) Required supporting evidence. (1) Biometrics. (2) Evidence demonstrating the relationship of an eligible family member, as provided in § 214.211(d). (3) In the case of an applicant seeking derivative T nonimmigrant status based on danger of retaliation, evidence demonstrating this danger as provided in § 214.211. (4) If an eligible family member is inadmissible based on a ground that may be waived, a request for a waiver of inadmissibility under section 212(d)(13) or section 212(d)(3) of the Act must be filed in accordance with § 212.16 of this subchapter and submitted with the completed application package. (d) Relationship. (1) The Application for T Nonimmigrant Status is filed; (2) The Application for T Nonimmigrant Status is adjudicated; (3) The Application for Derivative T Nonimmigrant Status is filed; (4) The Application for Derivative T Nonimmigrant Status is adjudicated; and (5) The eligible family member is admitted to the United States if residing abroad. (e) Relationship and age-out protections Protection for new child of a principal applicant. (2) Age-out protection for eligible family members of a principal applicant under 21 years of age. (ii) A parent or unmarried sibling will remain eligible even if the principal applicant turns 21 years of age before adjudication of the application for T-1 nonimmigrant status. (iii) An unmarried sibling will remain eligible even if the unmarried sibling is over 18 years of age at the time of adjudication of the T-1 application, so long as the unmarried sibling was under 18 years of age at the time the T-1 application was filed. (iv) The age of an unmarried sibling when USCIS adjudicates the T-1 application, when the principal applicant or T-1 nonimmigrant files the Application for Derivative T Nonimmigrant Status, when USCIS adjudicates the derivative application, or when the unmarried sibling is admitted to the United States does not affect eligibility. (3) Age-out protection for child of a principal applicant. (ii) The child will remain eligible even if the child is over 21 years of age at the time of adjudication of the T-1 application. (iii) As long as the child is under age 21 when the Application for T Nonimmigrant Status is filed and reaches age 21 while such application is pending, the age of the child when the principal applicant or T-1 nonimmigrant files the Application for Derivative T Nonimmigrant Status, when USCIS adjudicates the Application for Derivative T Nonimmigrant Status, or when the child is admitted to the United States does not affect eligibility. (4) Marriage of an eligible family member. (ii) Principal applicants who marry while their Application for T Nonimmigrant Status is pending may file an Application for Derivative T Nonimmigrant Status on behalf of their spouse, even if the relationship did not exist at the time they filed their Application for T Nonimmigrant Status. (iii) Similarly, the principal applicant may apply for a stepparent or stepchild if the qualifying relationship was created after they filed their Application for T Nonimmigrant Status but before it was approved. (iv) USCIS evaluates whether the marriage creating the qualifying spousal relationship or stepchild and stepparent relationship exists at the time of adjudication of the principal's application and through completion of the adjudication of the derivative's application. (f) Evidence demonstrating a present danger of retaliation. (1) Documentation of a previous grant of advance parole to an eligible family member; (2) A signed statement from a law enforcement agency describing the danger of retaliation; (3) A personal statement from the principal applicant or derivative applicant describing the danger the family member faces and how the danger is linked to the victim's escape or cooperation with law enforcement; and/or (4) Any other credible evidence, including trial transcripts, court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, and affidavits from other witnesses. This evidence may be from the United States or any country in which the eligible family member is facing danger of retaliation. (g) Biometric submission; evidentiary standards. (h) Review and decision. (i) Derivative approvals. (1) Approvals for eligible family members in the United States. (2) Approvals for eligible family members outside the United States. (3) Employment authorization. (ii) For derivatives in the United States, the Application for Employment Authorization may be filed concurrently with the Application for Derivative T Nonimmigrant Status or at any later time. (iii) For derivatives outside the United States, an Application for Employment Authorization based on their T nonimmigrant status may only be filed after admission to the United States in T nonimmigrant status. (iv) If the Application for Employment Authorization is approved, the derivative T nonimmigrant will be granted employment authorization pursuant to 8 CFR 274a.12(c)(25) for the period remaining in derivative T nonimmigrant status. (4) Travel abroad. [89 FR 34931, Apr. 30, 2024; 89 FR 68083, Aug. 23, 2024] § 214.212 Extension of T nonimmigrant status. (a) Eligibility. (1) An LEA detecting, investigating, or prosecuting activity related to acts of trafficking certifies that the presence of the applicant in the United States is necessary to assist in the detection, investigation, or prosecution of such activity; or (2) USCIS determines that an extension is warranted due to exceptional circumstances. (b) Application for a discretionary extension of status. (c) Timely filing. (d) Evidence. (e) Evidence of law enforcement need. (1) A new LEA declaration; (2) Evidence from a law enforcement official, prosecutor, judge, or other authority who can detect, investigate, or prosecute acts of trafficking, such as a letter on the agency's letterhead, email, or fax; or (3) Any other credible evidence. (f) Exceptional circumstances. (g) Evidence of exceptional circumstances. (1) The applicant's affirmative statement; or (2) Any other credible evidence, including but not limited to: (i) Medical records; (ii) Police or court records; (iii) News articles; (iv) Correspondence with an embassy or consulate; and (v) Affidavits from individuals with direct knowledge of or familiarity with the applicant's circumstances. (h) Mandatory extensions of status for adjustment of status applicants. § 214.213 Revocation of approved T nonimmigrant status. (a) Automatic revocation of derivative status. (b) Revocation on notice/grounds for revocation. (1) The approval of the application violated the requirements of section 101(a)(15)(T) of the Act or this subpart or involved error in preparation, procedure, or adjudication that led to the approval; (2) In the case of a T-2 spouse, the applicant's divorce from the T-1 principal applicant has become final; (3) In the case of a T-1 principal applicant, an LEA with jurisdiction to detect, investigate, or prosecute the acts of severe forms of trafficking in persons notifies USCIS that the applicant has refused to comply with a reasonable request to assist with the detection, investigation, or prosecution of the trafficking in persons and provides USCIS with a detailed explanation in writing; or (4) The LEA that signed the LEA declaration withdraws it or disavows its contents and notifies USCIS and provides a detailed explanation of its reasoning in writing. (c) Procedures. (i) The notice of intent to revoke must be in writing and contain a statement of the grounds for the revocation and the time period allowed for the T nonimmigrant's rebuttal. (ii) The T nonimmigrant may submit evidence in rebuttal within 30 days of the notice. (iii) USCIS will consider all relevant evidence in determining whether to revoke the approved application for T nonimmigrant status. (2) If USCIS revokes approval of the previously granted T nonimmigrant status application, USCIS: (i) Will provide written notice to the applicant; and (ii) May notify the LEA who signed the LEA declaration, any consular officer having jurisdiction over the applicant, or the Office of Refugee Resettlement of the Department of Health and Human Services. (3) If an applicant appeals the revocation, the decision will not become final until the administrative appeal is decided in accordance with 8 CFR 103.3. (d) Effect of revocation. § 214.214 Removal proceedings. (a) Nothing in this section prohibits DHS from instituting removal proceedings for conduct committed after admission, or for conduct or a condition that was not disclosed prior to the granting of T nonimmigrant status, including misrepresentations of material facts in the Application for T-1 Nonimmigrant Status or in an Application for Derivative T Nonimmigrant Status, or after revocation of T nonimmigrant status. (b) ICE will maintain a policy regarding the exercise of discretion toward all applicants for T nonimmigrant status and T nonimmigrants. This policy will address, but need not be limited to, ICE's discretionary decision-making in proceedings before the Executive Office for Immigration Review and considerations related to ICE's immigration enforcement actions involving T visa applicants and T nonimmigrants. § 214.215 USCIS employee referral. (a) Any USCIS employee who, while carrying out their official duties, comes into contact with a noncitizen believed to be a victim of a severe form of trafficking in persons and is not already working with an LEA may consult, as necessary, with the ICE officials responsible for victim protection, trafficking investigations and prevention, and deterrence. (b) The ICE office may, in turn, refer the victim to another LEA with responsibility for detecting, investigating, or prosecuting acts of trafficking. (c) If the noncitizen has a credible claim to victimization, USCIS may advise the individual that they can submit an Application for T Nonimmigrant Status and seek any other benefit or protection for which they may be eligible, provided doing so would not compromise the noncitizen's safety. § 214.216 Restrictions on use and disclosure of information relating to applicants for T nonimmigrant classification. (a) The use or disclosure (other than to a sworn officer or employee of DHS, the Department of Justice, the Department of State, or a bureau or agency of any of those departments, for legitimate department, bureau, or agency purposes) of any information relating to the beneficiary of a pending or approved Application for T Nonimmigrant Status is prohibited unless the disclosure is made in accordance with an exception described in 8 U.S.C. 1367(b). (b) Information protected under 8 U.S.C. 1367(a)(2) may be disclosed to Federal prosecutors to comply with constitutional obligations to provide statements by witnesses and certain other documents to defendants in pending Federal criminal proceedings. (c) Agencies receiving information under this section, whether governmental or non-governmental, are bound by the confidentiality provisions and other restrictions set out in 8 U.S.C. 1367. (d) DHS officials are prohibited from making adverse determinations of admissibility or deportability based on information obtained solely from the trafficker, unless the applicant has been convicted of a crime or crimes listed in section 237(a)(2) of the Act.

Related documents

• 50 CFR Part 600 — Magnuson-Stevens Act Provisions#512148
• 50 CFR Part 622 — Fisheries of the Caribbean, Gulf of America, and South Atlantic#512149
• 50 CFR Part 635 — Atlantic Highly Migratory Species#512150
• 50 CFR Part 648 — Fisheries of the Northeastern United States#512151
• 50 CFR Part 660 — Fisheries off West Coast States#512152