lib.store.yahoo.netlib.store.yahoo.net/lib/aila/CFR2010Index.pdf · admission and admissibility,...

INDEX

1011

A A visas (diplomats)

adjustment of status, see Adjustment of status change of status, special provisions, 8:248.3(c) diplomat and foreign-official visas, generally,

22:41.21–41.27 ineligibility for immigrant visa, 22:40.20, 40.203 passport requirements, 22:41.104(d) requirements for admission, extension, and mainte-

nance of status, 8:214.2(a) ABC, see American Baptist Churches abused spouses and children

see also T visas; U visas immigrant visas

self-petition by child of abused citizen or LPR, 8:204.2(e)

self-petition by spouse of abused citizen or LPR, 8:204.2(c)

ACRIMe (Alien Criminal Response Information Man-agement) records systems of LESC (Law Enforce-ment Support Center)

FOIA exemption, 6:Apdx C (Pt. 5) §28 ACS (Automated Commercial System) records sys-

tem FOIA exemption, 6:Apdx C (Pt. 5) §26

adjustment of status, 8:245.1–245.24, 1245.1–1245.22 §245(i) relief, 8:245.10, 1245.10 application, 8:245.2, 1245.2 asylees, 8:209.2, 1209.2

abandonment of asylum application presumed, 8:208.14(g), 1208.14(g)

cancellation of adjustment for non-LPRs, 8:240.21, 1240.21

and cancellation of removal, 8:1240.20, 1240.21 Chinese nationals, adjustment under PL 102-404,

8:245.9, 1245.9 definitions, 8:245.1(d), 1245.1(d) diplomats, 8:245.3, 247.1–247.14, 1245.3 documentary requirements, 8:245.4, 1245.4 eligibility, 8:245.1, 1245.1 evidence of physical presence, 8:245.22, 1245.22 Haitians, adjustment under HRIFA, 8:245.15, 1245.15 health care workers, 8:1245.14

see also subhead: Nurses, and subhead: Physicians and FMGs (in this heading)

K visa holders, 8:214.2(k)(6), 245.1(i), 1245.1(i) legalization, see Family Unity Program; IRCA legali-

zation; LIFE Act and LIFE Act Amendments medical examination, 8:245.5, 1245.5 NACARA, adjustment by Cuban and Nicaraguan pa-

rolees, 8:245.13, 1240.21(b)(2), 1245.13 Northern Mariana Islands (CNMI) asylees,

8:209.2(a)(3), 1209.2(a)(3)

nurses, 8:245.1(e)(2), 1245.1(e)(2) physicians and FMGs

serving medically underserved areas, 8:245.18, 1245.18

special immigrants, 8:245.1(e)(1), 1245.1(e)(1) Polish and Hungarian parolees, adjustment under

IIRAIRA, 8:245.12, 1245.12 refugees, 8:209.1, 1209.1 rescission of adjustment of status, 8:246.1–246.9,

1246.1–1246.9 appeals, 8:246.7, 1246.7 hearing, 8:246.5, 1246.5 notice, 8:246.1, 1246.1

S nonimmigrants, 8:245.11, 1245.11 Soviet and Indochinese parolees, 8:245.7, 1245.7 special agricultural workers, 8:210.5 special immigrants

Armed Forces, members of, 8:245.8, 1245.8 physicians, see subhead: Physicians and FMGs (in

this heading) Syrian adjustment, 8:245.20, 1245.20 T nonimmigrants, 8:245.23, 1245.23

waivers for adjusting T nonimmigrants, 8:212.18 U nonimmigrants, 8:245.24 Vietnamese, Cambodian, and Laotian adjustment un-

der PL 106-429, 8:245.21, 1245.21 administrative law judge

defined, 20.655.103(b) administrative review, see Appeal and review; substan-

tive headings admission and admissibility

see also Expedited removal; Immigrants; Inspection; Nonimmigrant visas; Removal and removal pro-ceedings; specific visa types

aliens previously removed, 22:40.91 areas under U.S. administration but not within “U.S.,”

entry into, 22:40.3 bond or cash deposit, admission upon giving, 8:213.1 child abductors, 22:40.103 citizenship, aliens ineligible for, 22:40.81 conditional permanent residents, admission of,

8:235.11, 1235.11 criminal and related grounds of inadmissibility,

22:40.21–40.25 in absentia convictions, 22:40.21(a)(4) controlled-substance violations, 8:212.11, 1212.11,

22:40.21(b) minors, crimes committed by, 22:40.21(a)(1)–(2),

40.22(a) moral turpitude, crimes involving, 22:40.21 multiple convictions, 22:40.22 pardon, effect of, 22:40.21(a)(5) political offenses, 22:40.21(a)(6), 40.22(d) prostitution, 22:40.24 waivers, 8:212.7, 1212.7

admission and admissibility, cont’d CODE OF FEDERAL REGULATIONS

1012 American Immigration Lawyers Association

documents required for immigrants, see Admission and admissibility admission and admissibility, cont’d

expedited removal, see Expedited removal former citizens who renounced to avoid taxation,

22:40.105 health and medically related grounds of inadmissibil-

ity, 22:40.11 waivers, 8:212.4(e), 212.7(b), 1212.4(e), 1212.7(b)

illegal entrants and immigration violators, 22:40.61–40.68

citizenship, false claims, 22:40.63 civil penalties, aliens subject to, 22:40.66 presence without admission or parole, 22:40.61 removal proceedings, failure to attend, 22:40.62 smugglers, 22:40.65 stowaways, 22:40.64 student visa abusers, 22:40.67 unauthorized stay, violations of INA §222(g),

22:40.68 inadmissibility grounds, and waivers therefor

withdrawal of application for admission, 8:1235.4 inspection, see Inspection LIFE Act legalization, 8:245a.18 parole, see Parole polygamists, 22:40.101 pre-April 1, 1997 hearings, see Exclusion presumption of lawful admission, 8:101.1–101.2,

1101.1–1101.2 public charges, 22:40.41 reapplication for admission after removal or departure

at government expense, 8:212.2, 1212.2 requirements for admission—immigrants, 8:211.1,

22:40.71 American Indian born in Canada, 22:42.1(f) child born after visa issuance to accompanying par-

ent, 22:42.1(d) child born to U.S. citizen or LPR while abroad,

22:42.1(e) exemptions and waivers, generally, 8:211.1(b),

22:42.1 GU, PR, or VI, aliens entering from, 22:42.1(c) lawful permanent residents, 22:42.1(a) members of U.S. Armed Forces, 22:42.1(b) returning residents, 8:211.4, 1211.4

requirements for admission—nonimmigrants, 8:212.0, 212.1, 1212.1, 22:40.72

Canadians, 8:212.1(a), 1212.1(a), 22:41.2(a) certain British, French, Dutch, or Caribbean nationals,

8:212.1(a)(2)–(4), 212.1(b), 1212.1(a)(2)–(4), 1212.1(b), 22:41.2(b)–(f)

certain Pacific islanders, 8:212.1(d), 1212.1(d), 22:41.2(h)

definitions, 22:41.0 exemptions and waivers, generally, 22:41.0–41.3 fiancé(e)s of U.S. citizens, 8:212.1(h), 1212.1(h),

22:41.2(k) Guam, aliens entering from, 8:212.1(e), 1212.1(e)

Guam-CNMI Visa Waiver Program, 8:212.1(q), 1212.1(q)

Irish Peace Process Program participants, 8:212.1(n), 1212.1(n)

by law or treaty, 22:41.1 Mexicans, 8:212.1(c), 1212.1(c), 22:41.2(g) S visa holders, 8:212.1(m), 1212.1(m) spouses and children of U.S. citizens, 8:212.1(h),

1212.1(h) T-2 to T-4 visa holders, 8:212.1(o), 1212.1(o) transit-without-visa (TWOV) aliens, 22:41.2(i) treaty traders and investors, 8:212.1(l), 1212.1(l) U-1 to U-5 visa holders, 8:212.1(p), 1212.1(p) unforeseen emergencies, 8:212.1(g), 1212.1(g),

22:41.2(j) Visa Waiver Program, 8:212.1(i), 212.1(q), 1212.1(i),

1212.1(q), 22:41.2(l) waiver by action of consular and immigration offi-

cers, 8:212.1(j)–(k), 1212.1(j)–(k), 22:41.3 security and related grounds of inadmissibility,

8:212.4(b), 235.8, 1212.4(b), 22:40.31–40.35 totalitarian party, membership in, 22:40.34

service in Armed Forces, departing U.S. to avoid, 22:40.81

TPS applicants, applicability of inadmissibility grounds, 8:244.3, 1244.3

unauthorized entry, prevention efforts by owners of railroad lines, bridges, and toll roads, 8:271.1

unlawfully present aliens, 22:40.92 U.S. citizens, passport requirements, 22:53.1–53.4 Visa Waiver Program, 8:217.4 voting unlawfully, 22:40.104 waivers, generally, 22:40.301 withdrawal of application for admission, 8:235.4

adoption, 22:96.1–96.111 accreditation

application procedures, 22:96.18–96.21 debarment, 22:96.85–96.88 decisions on applications for accreditation or ap-

proval, 22:96.57–96.60 evaluation of applicants, 22:96.23–96.27 renewal of accreditation or approval, 22:96.62–96.63 requirements for provision of adoption services,

22:96.12–96.17 selection, designation, and duties of entities, 22:96.4–

96.10 temporary accreditation

conversion from temporary, 22:96.99 procedures and standards, 22:96.95–96.111

adverse actions by accrediting entity, 22:96.74–96.79 administrative or judicial review, 22:96.79

citizenship, acquisition of, see Citizenship and nation-ality

complaints, 22:96.68–96.72 definitions, 8:204.3(b), 204.301, 22:96.2 examples, 22:96.15 fees, 22:96.9, 96.40, 96.111

INDEX Alaska

[2010 Edition] 1013

Hague Convention certification, 22:97.1–97.5 filing procedures and requirements, 8:204.307–

204.313 appeals from denial, 8:204.314

habitual residence, 8:204.303 home studies, see subhead: Home studies and child-

background studies (in this heading) immediate relative, classification based on Conven-

tion adoption, 8:204.306 improper inducement, 8:204.304 petitions under, 8:204.300–204.314, 22:42.24 service providers, role of, 8:204.302 standards for Convention accreditation and approval,

22:96.29–96.55 case tracking, data management, and reporting,

22:96.43 compensation, 22:96.34 complaints, procedures for responding, 22:96.41 ethical practices and responsibilities, 22:96.35–

96.36 financial and risk management, 22:96.33 incoming cases, 22:96.47–96.52 information disclosure, 22:96.39 outgoing cases, 22:96.53–96.55 qualifications for employees, 22:96.37 quality control, 22:96.39 retention, preservation, and disclosure of re-

cords, 22:96.42 service planning and delivery, 22:96.44–96.46 training for personnel, 22:96.38

state preadoption requirements, 8:204.305 home studies and background studies, 8:204.3(e),

204.311–204.312, 22:96.13, 96.35(c)(4), 96.35(d), 96.37(f), 96.47, 96.53, 97.3

medical and social information, provision of, 22:96.49 orphan petitions (non-Convention cases), 8:204.3 oversight, 22:96.65–96.72

by DOL, 22:96.81–96.88 preparation and training of parents, 22:96.48 reports and dissemination of information, 22:96.90–

96.93, 96.110 advance parole, 8:212.5(f), 1212.5(f)

asylum applicants effect of returning to country of claimed persecution,

8:208.8(b), 1208.8(b) need for advance parole, 8:208.8(a), 1208.8(a)

cancellation of removal and suspension of deportation applicants, 8:240.21(b)(5), 1240.21(b)(5)

Chinese national adjustment, 8:245.9(k), 1245.9(k) documents, 8:223.1–223.3 HRIFA adjustment, 8:245.15(t), 1245.15(t) IRCA legalization, 8:245a.2(n), 245a.4(b)(14) LIFE legalization, 8:245a.13(e) NACARA adjustment, 8:245.13(k), 1245.13(k) S nonimmigrants, 8:245.11(f), 1245.11(f) special agricultural workers (SAWs), 8:210.4(b)(2)

status and benefits, 8:210.4 Syrian adjustment, 8:245.20(g), 1245.20(g) T nonimmigrants, 8:245.23(j) TPS applicants, 8:244.15, 1244.15 U nonimmigrants, 8:245.24(j) Vietnamese, Cambodian, and Laotian adjustment,

8:245.21(i), 1245.21(i) Advanced Passenger Information System, see APIS adverse effect wage rate (AEWR)

defined, 20.655.103(b) advertising

H-2A agricultural workers, 20:655.151–655.153 H-2B nonagricultural workers, 20:655.15(f), 655.17,

655.30(b) permanent workers, see Labor certification

affidavits of support change of address, 8:213a.3 civil actions, 8:213a.4(a) commencement and termination of support obliga-

tions, 8:213a.2(e) congressional reports, 8:213a.4(c) definitions, 8:213a.2 legal effect, 8:213a.2(d) means-tested public benefits, 8:213a.4(b) reimbursement requests, 8:213a.4(a) relationship of Part 213a to other affidavits of support,

8:213a.5 sponsors and sponsorship requirements, 8:213a.2(b)–

(c) use of, 8:213a.2 for visa eligibility, 22:40.41 withdrawal of Form I-864 and I-864A, 8:213a.2(f)

agents, see Attorneys and representatives aggravated felons

asylum and withholding applicants ineligible to pro-ceedings under INA §240, 8:208.2(c)(2)(ii), 1208.2(c)(2)(ii)

definitions, 8:1.1(t), 1001.1(t) expedited removal of, 8:238.1, 1238.1

agricultural association defined, 20.655.103(b)

agricultural labor or services definitions, 20.655.103(c)

agricultural workers, see H-2A visas; Special agricul-tural workers

AIDS / HIV admission, application for exercise of discretion under

§212(d)(3), 8:212.4(f), 1212.4(f) airlines, see Common carriers airports

designation and landing requirements, 8:234.1–234.4 Alaska

longshore activity, Alaska exception to attestation re-quirements, 20:655.530–655.541

alien smuggling CODE OF FEDERAL REGULATIONS


alien smuggling relief from removal under INA §237(a)(1)(E)(iii)

[former §241], 8:1240.11(d), 1240.49(d) aliens previously removed, see Previously removed

aliens Amerasian children, 8:204.4 American Baptist Churches class members

asylum interviews, 8:240.67–240.68, 1240.67–1240.68

suspension of deportation and cancellation of removal, 8:240.60–240.70, 1240.60–1240.70

American Indians born in Canada admission for permanent residence, 8:289.2, 289.3 definition, 8:289.1 documentary requirements, 22:42.1(f)

APIS (Advanced Passenger Information System) exemption from FOIA, 6:Apdx C (Pt. 5) §12

appeal and review see also BALCA review; Board of Immigration Ap-

peals; specific visa types adoptions

appeal from denial of Form I-800 or I-800A, 8:204.314

review of adverse action by accrediting agencies, 22:96.79

review of suspension, cancellation, or debarment of accrediting agencies, 22:96.88

applications, denials of, 8:103.5 Convention Against Torture, judicial review of claims,

8:208.18(c), 1208.18(c) of declassification requests, 6:7.31 detention, see Detention and custody document fraud cases, see Document fraud of exclusion order, 8:1240.37 of FOIA determinations, 6:5.9

definition of review, 6:5.1(b)(7) H-2A certification, 20:655.171 of LCA violations, 20:655.845–655.850 of naturalization, 8:310.5, 316.14(b)(2), 336.9 passport denials and revocations, 22:51.70–51.74 of prevailing wage determination, 20:656.41 Privacy Act, 6:5.25 of program fraud civil sanctions action, 6:13.39–13.42 relative visa petition, BIA denial based on failure to

establish bona fide marriage, single level of appel-late review, 8:1204.1

reopening or reconsideration of case, 8:103.5 unfair employment practices cases, see Unfair immi-

gration-related employment practices unlawful employment cases, see Unlawful employ-

ment apple pressing for cider

defined, 20.655.103(c)(3) applications, 8:103.2–103.7

see also substantive headings denials, appeals, and precedent decisions, 8:103.3

fees, see Fees for nonimmigrant visas, 22:41.101–41.108 premium processing, see Premium processing

area of intended employment defined, 20.655.103(b)

armed forces, foreign state exception from requirement to have visa and passport,

22:41.3(e) NATO visas, 22:41.25(b) naturalization of former citizens who lost citizenship

through service in foreign-state armed forces, 8:327.1–327.2

Armed Forces of the U.S. departing U.S. to avoid service

visa ineligibility, 22:40.81 employment authorization, 8:274a.12(d) exemption from requirement to have passport,

22:42.2(f) exemption from requirement to have visa, 22:42.1(b) naturalization

eligibility after service during specific periods of hos-tilities, 8:329.1–329.2

application and evidence, 8:329.4 Philippine natives serving in WWII, 8:329.5

eligibility for persons with one year of service, 8:328.1–328.2

application procedure, 8:328.4 eligibility for widow(er)s of servicemembers, 8:319.3 ineligibility for aliens who obtained exemption from

service, 8:314.1–315.5 posthumous citizenship, 8:392.1–392.4

special immigrant status for servicemembers, 8:204.9, 22:42.32(d)(7)

adjustment of status, 8:245.8, 1245.8 arrest warrants, 8:236.1(b), 318.1, 1236.1(b) arrival and departure manifests, see Common carriers arriving alien

see also specific scenarios defined, 8:1.1(q), 1001.1(q)

artists, see P visas asylum and withholding of removal, 8:208.1–208.31,

209.1, 209.2, 1208.1–1208.31, 1209.1, 1209.2 ABC class members, 8:240.67–240.68, 1240.67–

1240.68 adjustment of status, 8:209.2, 1209.2

abandonment of asylum application presumed, 8:208.14(g), 1208.14(g)

applications, 8:208.3–208.4, 1208.3–1208.4 amendments, 8:208.4(c), 1208.4(c) approval, denial, referral, or dismissal, 8:208.14,

1208.14 frivolous applications, 8:208.20, 1208.20 locations for filing, 8:208.4(b), 1208.4(b) mandatory denials, 8:208.13(c), 1208.13(c) one-year filing deadline, 8:208.4(a)(2), 1208.4(a)(2)

INDEX attorneys and representatives

[2010 Edition] 1015

changed circumstances affecting eligibility, 8:208.4(a)(4), 1208.4(a)(4)

confidentiality, disclosure of information, 8:208.6, 1208.6

Convention Against Torture (CAT), see Convention Against Torture

decision process reliance on information provided by other agencies or

organizations, 8:208.12, 1208.12 DOS comments on applicant’s eligibility, 8:208.11,

1208.11 duty of DHS upon request for asylum or withholding,

8:208.5, 1208.5 eligibility, 8:208.12, 1208.12 employment authorization, 8:208.7, 1208.7 expedited removal, claims of fear or persecution or

asylee or refugee status, 8:235.3(b)(4)–(5), 1235.3(b)(4)–(5)

firm resettlement, 8:208.15, 1208.15 general provisions, 8:208.1, 1208.1 inspection, referral to IJ, 8:235.6, 1235.6 internal relocation, reasonableness of, 8:208.13(b)(3),

1208.13(b)(3) interviews

failure to appear, 8:208.10, 1208.10 procedure, 8:208.9, 1208.9

Northern Mariana Islands (CNMI), 8:208.1(a)(2), 208.2(c)(1)(iii)–(iv), (vii)–(viii), 208.4(a)(2)(ii), 208.5(a) & (b)(1)(iii), 208.30(a) & (e)(2), 209.2(a)(3), 1208.1(a)(2), 1208.2(c)(1)(iii)–(iv) & (vii)–(viii), 1208.4(a)(2)(ii), 1208.5(a), (b)(1)(iii), 1208.30(a), 1209.2(a)(3)

one-year filing deadline, see subhead: Applications (in this heading)

persecution credible-fear determinations, 8:208.30–208.31,

1208.30–1208.31 immigration court procedure, 8:1003.42

past persecution, 8:208.13(b)(1), 1208.13(b)(1) well-founded fear, 8:208.13(b)(2), 1208.13(b)(2)

procedural rules, 8:208.2(c)(3), 1208.2(c)(3) refugees, see Refugees removal proceedings

effect of asylum grant, 8:208.22, 1208.22 immigration court procedure once claimed,

8:1240.11(c), 1240.33 ineligibility for proceedings under INA §240,

8:208.2(c), 1208.2(c) restoration of status if asylum not granted, 8:208.23,

1208.23 spouse and children of asylee, admission of, 8:208.21,

1208.21 termination

for arriving aliens, 8:208.24(g), 1208.24(g) of asylum, 8:208.24(a), 1208.24(a) derivative status, 8:208.24(d), 1208.24(d) by IJ or BIA, 8:208.24(f), 1208.24(f)

procedure, 8:208.24(c), 1208.24(c) removal proceedings, 8:208.24(e), 1208.24(e) of withholding, 8:208.24(b), 1208.24(b)

training of asylum officers, 8:208.1(b), 1208.1(b) travel restrictions, 8:208.8, 1208.8

athletes see also P visas prevailing-wage determinations, 20:656.40(f) substitution of beneficiaries, 8:214.2(h)(6)(viii) traded professional H-2B athletes, 8:214.2(h)(6)(vii)

attestations, see Labor certification; specific visa types Attorney General of the U.S.

BIA referral of cases to AG, 8:1003.1(h) decisions as precedents, 8:103.37

attorneys and representatives appearances, 8:292.4, 1292.4 definitions, 8:1.1(b), 1.1(f), 1.1(i), 1.1(k), 1.1(m),

1001.1(b), 1001.1(f), 1001.1(i), 1001.1(k), 1001.1(m), 20:655:103(b)

fees, see Equal Access to Justice Act free legal service providers

applications to be provider, 8:1003.63–1003.64 list, 8:1003.61 qualifications, 8:1003.62 removal of attorney or organization from list,

8:1003.65 before immigration courts, 8:1003.16, 1003.17 interpretation of rules regarding representative,

8:292.6, 1292.6 labor certification process, representation,

20:656.10(b) organizations qualified for recognition, 8:292.2,

1292.2 persons entitled to represent others, 8:292.1, 1292.1,

28:68.33(c) rules of professional conduct

practice before BIA and immigration courts, 8:1003.101–1003.109

complaints, 8:1003.104 confidentiality, 8:1003.108 duty to notify EOIR of conviction or discipline,

8:1003.103(c) government attorneys, discipline of, 8:1003.109 hearing and disposition, 8:1003.106 immediate suspension and summary discipline,

8:1003.103(a)–(b) Notice of Intent to Discipline, 8:1003.105 reinstatement, 8:1003.107 sanctions and grounds therefor, 8:1003.101–

1003.102 practice before DHS, 8:292.3, 1292.3

complaints, 8:292.3(d), 1292.3(d) confidentiality, 8:292.3(h), 1292.3(h) duty to notify DHS of conviction or discipline,

8:292.3(c)(4), 1292.3(c)(4) government attorneys, discipline of, 8:292.3(i),

1292.3(i)

attorneys and representatives, cont’d CODE OF FEDERAL REGULATIONS


practice before DHS, cont’d

hearing and disposition, 8:292.3(f), 1292.3(f) immediate suspension and summary discipline,

8:292.3(c), 1292.3(c) Notice of Intent to Discipline, 8:292.3(e),

1292.3(e) referral to state or federal disciplinary authori-

ties, 8:292.3(g), 1292.3(g) reinstatement, 8:292.3(f), 1292.3(f) sanctions and grounds therefor, 8:292.3(a)–(b),

1292.3(a)–(b) attorneys and representatives, cont’d service of process, 8:292.5, 1292.5

attorneys’ fees EAJA, see Equal Access to Justice Act

au pairs background checks, 22:62:31(d)(6) exchange visitor program, 22:62.31

audiovisual material worldwide flow of materials, 22:61.1–61.9

audits H-2A agricultural workers, 20:655.180 labor certification process, 20:656.20

H-2B nonagricultural workers, 20:655.24 aviation training, see Flight training

B B-1 / B-2 visas (temporary visitors for business or

pleasure) bond, admission under, 8:221.1 employment authorization, 8:214.1(e) requirements for admission, extension, and mainte-

nance of status, 8:214.2(b) visa issuance, 22:41.31–41.33

background checks see also Biometrics adoptions, see Adoptions, subhead: home study and

background studies au pair exchange visitor program, 22:62:31(d)(6) aviation training, 28:105.10–105.14 naturalization applicants, 8:335.2(b) state employees involved with driver’s licenses or ID

cards, 6:37.45 student exchange visitor program

host family, 22:62:25(j)(7) sponsors, 22:62:25(d)

T visa applicants, 8:245.23(g)(1), 1245.23(g)(1) VAWA self-petitioners, 8:204.2(c)(2)(v),

204.2(e)(2)(v) BALCA review

H-1C nurses, 20:655.1101(e), 655.1132(b), 655.1135 H-2B workers, 20:655.11(e), 655.33 permanent workers, 20:656.26–656.27

battered persons, see Abused spouses and children; T visas; U visas

BIA, see Board of Immigration Appeals biometrics

see also Border crossing cards; Machine-readable documents

departure controls, 8:215.8 fingerprinting, 8:103.2(e)

detainees, 8:236.5, 1236.5 of excluded aliens, 8:1240.38 T visa applicants, 8:214.11(d)(5)

IAFIS (Integrated Automatic Fingerprint Identifica-tion System), 6:37.3, 37.45

IDENT system exemption from FOIA, 6:Apdx C (Pt. 5) §4

immigration court procedures, 8:1003.47(d) birth certificates

definition, 6:37.3 as evidence for passport issuance, 22:51.42(a) for REAL ID driver’s licenses and identification

cards, 6:37.11(c), 37.13(a)(3) for Social Security numbers, 20:422.103(b)(2),

422.103(c)(2) births abroad by U.S. citizens, see Citizenship and

nationality Board of Alien Labor Certification Appeals, see

BALCA Board of Immigration Appeals (BIA)

appeals to, 8:1240.15 forwarding of record, 8:1003.5 procedure, generally, 8:1003.3, 1003.38 withdrawal of appeals, 8:1003.4

attorneys and representatives see also Attorneys and representatives interpretation of rules, 8:292.6, 1292.6

case management system, 8:1003.1(e) decisions as precedents, 8:103.37, 1003.1(g) fees, 8:1003.8 jurisdiction, 8:1003.1(b)–(c) motions to reopen or reconsider, 8:1003.2 notice of certification, 8:1003.7 organization and functions, generally, 8:1003.1,

28:0.116 powers, 8:1003.1(d) referral of cases to Attorney General, 8:1003.1(h) stay of execution of decision, 8:1003.6 TPS applications, appeal to BIA, 8:244.11, 1244.11

bonds, 8:103.6 admission of aliens upon giving bond or cash, 8:213.1 admission of visitors or students, 8:221.1 clearance of vessel or aircraft, 8:280.6, 280.7, 1280.6,

1280.7 hiring, prohibition of indemnity bonds, 8:274a.8 immigration court procedure, 8:1003.19 interest on bonds, 8:293.1–293.4

border crossing cards (BCCs), 8:212.6, 1212.6 Canadian, 22:41.33 Mexican, 8:212.1(c), 1212.1(c), 22:41.2(g)(1), 41.32

INDEX civil penalties and sanctions

[2010 Edition] 1017

borders see also Admission and admissibility; Border crossing

cards; Ports of entry border patrol sector HQs and stations, 8:100.4(c) definitions, 8:287.1 disposition of cases, 8:287.2–287.3 enforcement standards, 8:287.8 field officers, powers and duties, 8:287.1–287.12,

1287.1–1287.12 pre-enrolled access lane (PAL), 8:287.11 subpoenas, 8:287.4, 1287.4

Broadcasting Board of Governors special immigrant status, 8:204.13, 22:42.32(d)(8)

brothers and sisters immigrant visas, see Family-sponsored immigration

C C visas (aliens in transit), 22:41.71

diplomats and foreign-official visas, generally, 8:212.1(f)(3), 1212.1(f)(3), 22:41.21–41.27

employment authorization, 8:214.1(e) requirements for admission, extension, and mainte-

nance of status, 8:214.2(c) United Nations, transit to, 22:41.71(b)

Cambodians adjustment, see Adjustment of status

camp counselors exchange visitor program, 22:62.30

Canadians see also NAFTA border crossing cards, see Border crossing cards documentary requirements and exceptions,

8:212.1(a)(2), 1212.1(a)(2), 22:41.2(a) American and Canadian Indians, 8:212.1(a)(1)(iv),

1212.1(a)(1)(iv), 22:42.1(f) children, 8:212.1(a)(1)(v), 1212.1(a)(1)(v) citizens in NEXUS, FAST, or SENTRI programs,

8:212.1(a)(1)(i)–(iii), 1212.1(a)(1)(i)–(iii) landed immigrants, 22:41.2(f) treaty traders/investors, 22:41.2(m)

cancellation of removal, 8:1240.20, 1240.21 for ABC class members, 8:240.60–240.70, 1240.60–

1240.70 LIFE Act Amendments, motions to reopen under,

8:1003.43 NACARA, 8:1003.43, 1240.21(b)(2) for non-LPRs, 8:240.21, 1240.21

Caribbean residents documentary requirements and exceptions,

8:212.1(a)(2)–(4), 212.1(b), 1212.1(a)(2)–(4), 1212.1(b), 22:41.2(b)–(f)

Catholic Social Services class action, see LIFE Act and LIFE Act Amendments

certification for health care workers, 8:212.15, 1212.15

certifying officer (CO) defined, 20.655.103(b)

change of address, reporting, 8:265.1 change of status (NIVs)

see also specific visas application, 8:248.3 eligibility, 8:248.1, 248.2

chargeability, see Numerical limitations child abductors

inadmissibility, 22:40.103 Chinese nationals

adjustment of status, see Adjustment of status admission, 8:101.1(e), 1101.1(e)

citizenship and nationality see also Naturalization at birth, 8:301.1 certificates of citizenship, 8:341.1–341.7

administrative cancellation, 8:342.1–342.9 replacement of lost or destroyed certificates,

8:343a.1–343a.2 children born outside U.S.

automatic acquisition of citizenship, 8:320.1–320.5 requirements for application for certificate of citizen-

ship, 8:322.1–322.5 definitions, 22:50.1 documentation of nationals of the U.S., 22:40.2 evidence for passport issuance, 22:51.40–51.46 falsely claiming citizenship as basis for inadmissibil-

ity, 22:40.63 former citizens

classification as special immigrants, 22:42.23 forms (table), 8:499.1 ineligibility for citizenship as basis for ineligibility for

immigrant visa, 22:40.81 loss of nationality, 22:50.50

Japanese renunciation of nationality, 8:349.1 review of finding, 22:50.51

persons born abroad determination of U.S. nationality, procedures,

22:50.2–50.11 posthumous citizenship

death while service in Armed Forces, 8:392.1–392.4 records, certification of, 8:343c.1 renunciation of nationality, 22:50.51

for tax-avoidance, visa ineligibility, 22:40.105 resumption of nationality, 22:50.30 retention of nationality, 22:50.20 U.S. nationals who are not U.S. citizens, naturalization

of, 8:325.2–325.4 Virgin Islanders, 8:306.1–306.12

civics examination LIFE Act legalization, 8:245a.17 naturalization, see Naturalization

civil penalties and sanctions, see Sanctions, penalties, and fines

civil surgeons CODE OF FEDERAL REGULATIONS


civil surgeons reports, 8:232.2(c) selection, 8:232.2(b)

classification symbols (table) immigrant visas, 22:42.11 nonimmigrant visas, 8:214.1(a)(2), 22:41.12

classified information, 6:7.1–7.31 administration, 6:7.10–7.13 authority, 6:7.20 challenges and review, 6:7.30–7.31 declassification, 6:7.27

authority, 6:7.20 automatic declassification, 6:7.28 review of requests for, 6:7.31

derivative classification, 6:7.26 emergency release of, 6:7.23 FOIA requests, 6:5.7 judicial proceedings, 6:7.13 Privacy Act, 6:5.22(e), 5.24

colleges and universities approval of schools for enrollment of F and M stu-

dents, 8:214.3 denial of certification or recertification, 8:214.4 enrollment in SEVIS, 8:214.12 fees, exemption from H-1B additional fee,

8:214.2(h)(iii)(A) students, see F visas; J visas teachers, see Teachers, college and university

common carriers airports, see Airports arrival and departure manifests, 8:231.1–231.3,

251.1–251.6 aircraft

arrival manifests and lists, 8:251.1(b) departure manifests and lists, 8:251.4 exemptions for private aircraft, 8:251.6

crew, paper arrival and departure manifests, 8:251.5 illegal landings, notification, 8:251.2 vessels

arrival manifests and lists, 8:251.1(a) departure manifests and lists for vessels, 8:251.3 exemptions for private vessels, 8:251.6

carrier agreements, 8:217.6 contracts with DHS, 8:233.1–233.6 fee collection, procedures and responsibilities,

8:286.1–286.7 fines and penalties

aircraft, special procedures, 8:280.2, 1280.2 bonds to obtain clearance, 8:280.6, 280.7, 1280.6,

1280.7 data concerning cost of transportation, 8:280.4, 1280.4 departure of vessel or aircraft prior to denial of clear-

ance, 8:280.3, 1280.3 fee-collection violations, 8:286.7 seizure of aircraft, 8:280.21, 1280.21 unlawful bringing in of aliens

reducing, refunding, or waiving fines, 8:273.1 – .6

inspection by owners of railroad lines, bridges, and toll roads, duty to prevent unauthorized entry of aliens, 8:271.1

preinspection outside U.S., 8:233.4 removed aliens

costs of detention and maintenance, 8:241.12 notice to transportation lines, 8:241.24

special care and attention due, 8:241.10 stowaways, see Stowaways

Commonwealth of Northern Mariana Islands, see Northern Mariana Islands (CNMI)

communications privilege for detainees, 8:235.3(e), 236.1(e), 1235.3(e),

1236.1(e) Communists

admission, application for exercise of discretion under §212(d)(3), 8:212.4(b), 1212.4(b)

exception for nationals of Communist-controlled countries from requirement to have passport, 22:42.2(e)

naturalization, ineligibility, 8:313.1–313.4, 316.11(c) commuters, 8:211.5

border commuter students, 8:214.2(f)(18), 214.2(m)(19)

component definition under Privacy Act, 6:5.12(b)(1)

conditional permanent residents, see Lawful perma-nent residents

Consular Report of Birth Abroad (CRBA) identity-establishing, 6:37.11(c)

consular services see also Visas fees, see Fees foreign marriages, authentication and certification by

consular officers, 22:52.1–52.3 controlled substances

see also Admission and admissibility detainers, 8:287.7

Convention Against Torture (CAT) deferral of removal, 8:208.17, 1208.17 extradition cases, 22:95:1–95.4 implementation, 8:208.18, 1208.18 judicial review of claims, 8:208.18(c), 1208.18(c) terrorist removal procedures, applicability of CAT,

28:200.1 withholding of removal under CAT, 8:208.16,

1208.16 corresponding employment

defined, 20.655.103(b) COSI (Confidential and Other Sources of Informa-

tion) records system FOIA exemption, 6:Apdx C (Pt. 5) §31

counselors, see Attorneys and representatives; Camp counselors

credentialing health care workers, 8:212.15, 1212.15

INDEX Department of Homeland Security (DHS)

[2010 Edition] 1019

credible fear of persecution, see Asylum and withhold-ing of removal

crewmembers (D visas) admission, application for exercise of discretion under

§212(d)(3), 8:212.4(h), 1212.4(h) asylum and withholding applicants

duty owed aliens upon request for asylum or with-holding, 8:208.5(b), 1208.5(b)

ineligibility for proceedings under INA §240, 8:208.2(c)(1)(i), 1208.2(c)(1)(i)

attestations by longshore employers, 20:655.500–655.675

Alaska exception, 20:655.530–655.541 automated vessels, 20:655.552 definitions, 20:655.502 enforcement of limitations, 20:655.600–655.675

fines and penalties, 20:655.620 Equal Access to Justice Act, inapplicability,

20:655.675 public access to records, 20:655.555

description of crewman, 22:41.41 deserters from Spanish or Greek ships of war, 8:252.5 examination of crewmembers, 8:252.1

Great Lakes vessels and tugboats, 8:252.3 landing permits

conditional landing permits, revocation, 8:252.2 permanent landing permits and identification card,

8:252.4 longshore work, limitations on performance, 8:258.1–

258.3 naturalization of seamen, 8:330.1–330.2 parole, 8:253.1–253.2 requirements for admission, extension, and mainte-

nance of status, 8:214.2(d) crimes and criminal conduct, see Admission and ad-

missibility; Background checks criminal penalties, see Sanctions, penalties, and fines CSS class action, see LIFE Act and LIFE Act Amend-

ments Cubans

Mariel Cubans, parole, 8:212.12, 241.4(b)(2), 1212.12 NACARA

adjustment, 8:245.13, 1245.13 suspension of deportation and cancellation of re-

moval, motions to reopen, 8:1003.43, 1240.21(b)(2)

cultural exchange program, see Q visas custody, see Detention and custody Customs and Border Protection (CBP)

see also Borders; Department of Homeland Security (DHS); Ports of entry

border patrol sector HQs and stations, 8:100.4(c) records systems, FOIA exceptions, see Freedom of In-

formation Act CW-1 visas, see Northern Mariana Islands (CNMI)

D D visas, see Crewmembers database systems, see ACRIMe; ACS; APIS; Biomet-

rics; COSI; Driver’s licenses and identification cards; ESTA; FDNS-DS; GEMS; IAFIS; ICEPIC; IDMS; LEIDB; MAGNET; NCIC; SAVE; SEACATS; SEVIS; TECS; TRACS; Travel; Visa Waiver Program

date of need defined, 20.655.103(b)

day, defined, 8:1.1(h), 1001.1(h) death of alien

while in detention, 42:34.7 debarment, 20:656.31(f)

adoption accrediting agencies, 22:96.85–96.88 denial of NIV petition, 8:214.1(k) employment-based immigrant petitions, 8:204.5(n) H-1C health care facilities, 20:655.1255 H-2A agricultural employers, 20:655.182 H-2B nonagricultural employers, 20:655.31

declassification of documents, see Classified informa-tion

Defense Department, see Department of Defense (DOD)

deferral of removal under Convention Against Torture, 8:208.17, 1208.17

definitions, 8:1.1, 245a.1, 1001.1 see also substantive headings

degree equivalence for H-1B beneficiaries, 8:214.2(h)(4)(iii)(D)

Department of Defense (DOD) DOD cooperative research and development projects

criteria and documentary requirements for H-1B vi-sas, 8:214.2(h)(4)(vi)

Department of Homeland Security (DHS) applications, petitions, and other documents, 8:103.2–

103.7 attorneys, see Attorneys and representatives authority of immigration officers, 8:287.5 authority of Secretary, 8:2.1 authority to administer naturalization oaths and con-

duct examinations and hearings, see Naturaliza-tion

border patrol sector HQs and stations, 8:100.4(c) certification of case to other officials, 8:103.4 delegations of authority, 8:103.1(a) designations of immigration officers, 8:103.1(b) enforcement standards, 8:287.8

expedited internal review process, 8:287.10 scope, 8:287.12 search warrants and firearms policies, 8:287.9

information collection, OMB control numbers, 8:100.7

INS authority, functions, and organization, 28:0.105–0.110

Department of Homeland Security, cont’d CODE OF FEDERAL REGULATIONS


notices, decisions, and other papers notification by DHS to attorneys and others, 8:103.5a

organization of department, 8:100.1 ports of entry, 8:100.4(a)–(b) records systems, FOIA exceptions, see Freedom of In-

formation Act regulations, structure of CFR, 8:100.5 requests for information for matters handled by CBP,

ICE, or USCIS, 8:100.3 Department of Homeland Security, cont’d see also Freedom of Information Act (FOIA)

Department of Justice (DOJ) BIA, see Board of Immigration Appeals Civil Rights Division, function and organization,

28:0.50–0.53, Apdx (Pt. 0 Subpt. J) Criminal Division, function and organization,

28:0.55–0.64–5, Apdx (Pt. 0 Subpt. K) EOIR, see Executive Office for Immigration Review INS, see Department of Homeland Security (DHS) jurisdictional disagreements, 28:0.195–0.197 OCAHO, see Office of Chief Administrative Hearing

Officer Office of Community Oriented Policing Services,

28:0.119–0.121 Office of Federal Detention Trustee, 28:0.123 Office of Violence Against Women, 28:0.122 organization of DOJ, 28:0.50–0.197

Department of Labor (DOL) regional offices, 20:655.930

departure and departure controls, 8:215.1–215.9, 1215.1–1215.7, 22:46.1–46.7

see also Common carriers authority of departure-control officer, 8:215.2, 1215.2 biometric identifiers, requirements, 8:215.8 definitions, 8:215.1, 1215.1 electronic submission of manifests, 8:231.1–231.3,

251.1–251.6 H-2B nonagricultural workers, 20:655.35 hearings, 8:215.4, 215.5, 1215.4, 1215.5 prejudice to interests of U.S., 8:215.3, 1215.3 removal, see Deportation; Removal and removal pro-

ceedings Temporary Worker Visa Exit Program, 8:215.9 territories and possessions of U.S., departure from,

8:215.6, 1215.6 voluntary departure, see Voluntary departure

dependent employers, see H-1B visas deportation (pre-April 1, 1997 hearings), 8:241.30–

241.33, 1240.40–1240.53, 1241.30–1241.33 see also Removal and removal proceedings appeals to BIA, see Board of Immigration Appeals asylum and withholding applicants

immigration court procedure once claimed, 8:1240.49(c)

decision of IJ and notice, 8:1240.50, 1240.51 finality, 8:1240.52

evidence, 8:1240.46

excluded aliens, deportation of, 8:241.20–241.25, 1241.20

hearing, general procedure, 8:1240.48 IIRAIRA transition-rule application, 8:1240.16 immigration judges

authority, 8:1240.41(a) recusal, 8:1240.41(b)

incompetents, representation of, 8:1240.43 interpreters, 8:1240.44 LPR status, IJ authority to grant to respondent,

8:1240.49(a) postponement of hearing, 8:1240.45 record, contents of, 8:1240.47 removal proceedings


representation, right to, 8:1240.42 suspension of deportation, 8:1240.55–1240.58

for ABC class members, 8:240.60–240.70, 1240.60–1240.70

under former §244(a), 8:240.21, 1240.21 LIFE Act Amendments, motions to reopen,

8:1003.43 NACARA, 8:1003.43, 1240.21(b)(2)

voluntary departure (VD), 8:1240.55–1240.58 designated school officials (DSOs)

requirements for schools, 8:214.3(l) work authorization program, 20:655.910(c)

detainers for controlled-substances violations, 8:287.7

detention and custody appeals from custody decision, 8:236.1(d), 1236.1(d) communications privilege, 8:235.3(e), 236.1(e),

1235.3(e), 1236.1(e) death of alien, 42:34.7 fees, waiver, 8:244.20, 1244.20 immigration court procedure, 8:1003.19 inadmissible aliens

arriving aliens in removal proceedings, 8:235.3(c), 1235.3(c)

detention in DHS facility, 8:235.3(d), 1235.3(d) detention in non-DHS facility, 8:235.3(e), 1235.3(e)

minors, detention of, 8:236.2, 236.3, 1236.2, 1236.3 post-hearing detention

continued detention beyond removal period, 8:241.4 release after removal period, conditions of, 8:241.5 during removal period, 8:241.3 travel documents and docket control, 8:241.4(g)

pre–removal-order detention apprehension, custody, and detention, generally,

8:236.1, 1236.1 confidentiality of information about detainees,

8:236.6, 1236.6 fingerprinting and photographs, 8:236.5, 1236.5 notice, 8:236.1(f)–(g), 1236.1(f)–(g)

termination of designation, 8:244.19, 1244.19 TPS-eligible aliens, 8:244.18, 1244.18

INDEX DV visas

[2010 Edition] 1021

DHS, see Department of Homeland Security diplomats and foreign government officials,

22:41.21–41.27 see also A visas; C visas; G visas; NATO LPR status for persons born to diplomats, 8:101.3,

1101.3 director

defined (DHS), 8:1.1(o) defined (EOIR), 8:1001.1(o)

disclosure of records and information, see Discovery; Freedom of Information Act; Privacy Act; Records and information

discovery ALJ rules of practice and procedure, 28:68.18–68.24 DHS, litigation with, 6:5.41–5.49, 7.13 program fraud civil sanctions, 6:13.20–13.25 subpoenas, see Subpoenas

district director defined, 8:1.1(o)

diversity visas eligibility, requirements, and procedure, 22:42.33

document fraud definitions, 8:270.1, 1270.1 enforcement procedures, 8:270.2, 1270.2 hearings, ALJ procedural rules, 28:68.1–68.58

administrative law judge (ALJ) authority of, 28:68.28 designation of, 28:68.26 disqualification of, 28:68.30 unavailability of, 28:68.29

amicus briefs, 28:68.17 appearances, 28:68.37 complaint filing, 28:68.3–68.9 conferences, 28:68.13 consent filing or dismissal, 28:68.14 consolidation of hearings, 28:68.16 continuances, 28:68.27 definitions, 28:68.2 depositions, use of at hearing, 28:68.24 evidence, 28:68.39–68.50 ex parte communications, 28:68.36 final order, 28:68.52

review of, 28:68.54 formal hearings, 28:68.39 interlocutory orders, review of, 28:68.53 judicial review, 28:68.56 motions, 28:68.10–68.11, 68.38 participation of parties and representation, 28:68.33 prehearing statements, 28:68.12 referral of case to Attorney General, 28:68.55 separation of functions, 28:68.31 standards of conduct, 28:68.35 subpoenas, 28:68.25

penalties, 8:270.3, 1270.3

documents and documentation see also Passports; Records and information; Visas;

substantive headings admission, documents required for immigrants,

8:211.1 waivers, 8:211.1(b), 211.4, 1211.4

advance parole documents, 8:223.1–223.3 application for nonimmigrant visas, supporting docu-

mentation, 22:41.105 driver’s licenses and identification cards, see Driver’s

licenses and identification cards F-1 visas work authorization program, 20:Apdx A (Pt.

655 Subpt. J) family-sponsored immigration, supporting documen-

tation, 8:204.1(f) fraud, see Document fraud H-1B visas, see H-1B visas H-1C nurses, 20:655.1114(c), 655.1115(d) H-2A certification, document retention requirements,

20:655.167 labor certification

documentation, 20:656.15 college and university teachers, 20:656.18 domestics, 20:656.19(b)

document-retention requirements, 20:656.10(f) LCA requirements, documentation of

notice, 20:655.734(b) strikes and lockouts, 20:655.733(b) wage statement, 20:655.731(b) working condition statement, 20:655.732(b)

nationals of the U.S., documentation of, 22:40.2 orphan petitions, 8:204.3(c)–(d) reentry permits, 8:223.1–223.3 refugee travel documents, 8:223.1–223.3

DOD, see Department of Defense DOJ, see Department of Justice DOL, see Department of Labor domestics

au pairs, see Au pairs labor certification, 20:656.19

driver’s licenses and identification cards, 6:37.1–37.71

database systems see also Biometrics; NCIC; SAVE Electronic Verification of Vital Events (EVVE),

6:37.13(b)(3) state DMVs, 6:37.33

Northern Marianas identification card, 8:235.9 REAL ID Act, implementation of, 6:37.1–37.71

documentation, verification, and card-issuance re-quirements, 6:37.11–37.29

security, 6:37.41–37.45 state compliance, 6:37.51–37.71 U.S. citizen identification card, 8:235.9

DV visas, see Diversity visas

E-1 / E-2 visas CODE OF FEDERAL REGULATIONS


E E-1 / E-2 visas (treaty traders/investors)

classification, 22:41.51 employees, 22:41.51(a)(2), (b)(2) exception from requirement to have visa and passport,

8:212.1(l), 1212.1(l), 22:41.2(m) ineligibility for immigrant visa, 22:40.203 information media representatives, I visas preferred,

22:41.51(a)(4), 41.51(b)(4), 41.52(b) requirements for admission, extension, and mainte-

nance of status, 8:214.2(e) spouses and children, 22:41.51(a)(3), (b)(3)

E-3 visas (Australian specialty occupations) classification, 22:41.51(c) complaint-filing procedures, 20:655.710 labor condition application (LCA) requirements,

20:655.720–655.734 see also Labor condition applications (LCAs) enforcement actions, 20:655.731(d) notice, 20:655.734 wage requirement, 20:655.731 working conditions, 20:655.732

procedures for employing E-3 workers, 20:655.700 EB-1 visas (priority workers)

entitlement to status, 22:42.32(a) extraordinary-ability aliens (EB-1A / EB-1-1)

general requirements, 8:204.5(h) multinational executives and managers (EB-1C / EB-

1-3) general requirements, 8:204.5(j)

outstanding professors and researchers (EB-1B / EB-1-2)

general requirements, 8:204.5(i) EB-2 visas (advanced-degree professionals or per-

sons of exceptional ability) entitlement to status, 22:42.32(b) general requirements, 8:204.5(k) national interest waivers

physicians serving in medically underserved areas, 8:204.12

EB-3 visas (skilled workers, professionals, other workers)

entitlement to status, 22:42.32(c) general requirements, 8:204.5(l)

EB-4 visas (special immigrants) see also Armed Forces of the U.S.; Broadcasting

Board of Governors; NATO; Panama Canal em-ployees; Physicians; Religious workers; Special immigrant juveniles; Terrorists and terrorism

entitlement to status, 22:42.32(c) EB-5 visas (employment-creation)

conditional resident status, see Lawful permanent residents

definitions, 8:204.6(e) entitlement to status, 22:42.32(c)

general requirements, 8:204.6 Immigrant Investor Pilot Program, 8:204.6(m)

electronic filing labor condition applications (LCAs), 20:655.720(b)

Electronic System for Travel Authorization (ESTA) Visa Waiver Program, 8:217.5

Electronic Verification of Vital Events (EVVE), see Driver’s licenses and identification cards

emergency fund, see Immigration emergency fund employee

defined, 20.655.103(b) employer

defined, 20.655.103(b) employment agencies

unlawful employment, see Unlawful employment employment authorization

see also Unlawful employment; specific visa types applications for, 8:274a.13 asylum and withholding applicants, 8:208.7, 1208.7 classes of aliens authorized to accept employment,

8:274a.12 Family Unity Programs

LIFE Act Amendments, 8:245a.34 military personnel, 8:274a.12(d) special agricultural workers, 8:210.4(b) termination of, 8:274a.14 TPS applicants, 8:244.12, 1244.12 verification, see Unlawful employment

employment-based immigration see also Labor certification; Labor condition applica-

tions; specific visa types petitions, generally, 8:204.5

employment-creation visas, see EB-5 visas English-language requirements

health care workers, 8:212.15(g), 1212.15(g) LIFE Act legalization, 8:245a.17 naturalization, see Naturalization

Enterprise Records System (ERS) of Office of Intel-ligence and Analysis (I&A)

exemption from FOIA, 6:Apdx C (Pt. 5) §7 entertainers, see P visas entry, see Admission and admissibility Equal Access to Justice Act (EAJA)

crewmembers performing longshore work, inapplica-bility of EAJA, 20:655.675

F-1 student work authorization program, inapplicabil-ity of EAJA, 20:655.1060

H-1C nurses, inapplicability of EAJA, 20:655.1260 ESTA (Electronic System for Travel Authorization)

FOIA exemptions, 6:Apdx C (Pt. 5) §20 evidence

ALJ rules of practice and procedure, 28:68.39–68.50 citizenship or LPR status, evidence of, 8:204.1.(g) criminal convictions, evidence in immigration courts,

8:1003.41

INDEX F visas

[2010 Edition] 1023

deportation hearings, 8:1240.46 DHS applications, petitions, and other documents,

8:103.2(b) expert or opinion testimony by DHS employees,

6:5.49 H-2B workers

evidence for petition, 8:214.2(h)(6)(vii) temporary need, evidence supporting, 20:655.21

L visa petitions, 8:214.2(l)(3) lawful status, evidence of, 6:37.11(g) for passport issuance, 22:51.40–51.46 physical presence, evidence for adjustment of status,

8:245.22 program fraud civil sanctions action, 6:13.34 R visa petitions, 8:214.2(r)(9)–(12) removal and removal proceedings, 8:1240.7 for Social Security number issuance, 20:422.17,

422.110 T visa petitions, 8:214.11(f), 214.11(i)

exceptional/extraordinary ability aliens immigrants, see EB-1 visas; EB-2 visas nonimmigrants, see O visas Schedule A, see Labor certification

exchange visitors, see J visas; Q visas exclusion (pre-April 1, 1997 hearings), 8:1240.30–

1240.38 see also Admission and admissibility; Removal and

removal proceedings adjustment, renewal of application for, 8:1240.34 appeals, 8:1240.37 asylum and withholding claims, assertion of,

8:1240.33 authority of IJ, 8:1240.31 decision, 8:1240.35

finality, 8:1240.36 deportation of excluded aliens, 8:241.20–241.25 fingerprinting of excluded aliens, 8:1240.38 hearing procedure, 8:1240.32 IIRAIRA transition-rule application, 8:1240.16

Executive Office for Immigration Review (EOIR) BIA, see Board of Immigration Appeals functions and organization, generally, 8:1003.0,

28:0.115 OCAHO, see Office of Chief Administrative Hearing

Officer Office of Chief Immigration Judge, 28:0.117

expedited processing background checks, aviation trainees, 28:105.12 denial of temporary employment certification,

20:655.141(b)(4), 655.141(c), 655.164(b), 655.165(b)

appeals, 20:655.142(c) DHS internal review process, 8:287.10 FOIA requests and appeals, 6:5.5(d) passport applications, 22:51.56 premium processing, 8:103.2(f)

expedited removal of aggravated felons, 8:238.1, 1238.1 inadmissible aliens

applicability, 8:235.3(b)(1), 1235.3(b)(1) asylum and related claims, 8:235.3(b)(4)–(5),

1235.3(b)(4)–(5) determination of inadmissibility, 8:235.3(b)(2)–(3),

1235.3(b)(2)–(3) opportunity to establish alien was admitted or paroled,

8:235.3(b)(6), 1235.3(b)(6) review of orders, 8:235.3(b)(7), 1235.3(b)(7) U.S. citizenship claimed, 8:235.3(b)(5), 1235.3(b)(5) waivers of documentary requirements, 8:235.3(b)(9),

1235.3(b)(9) expert testimony, see Evidence extensions of stay, 8:214.1(c)

see also specific visa types extradition

Convention Against Torture (CAT), implementation, 22:95:1–95.4

extraordinary/exceptional ability aliens immigrants, see EB-1 visas; EB-2 visas nonimmigrants, see O visas Schedule A, see Labor certification

F F visas (academic students)

abusers of student visas, visa ineligibility, 22:40.67 approval of schools, see Colleges and universities;

Schools, primary and secondary bond, admission under, 8:221.1 border commuter students, 8:214.2(f)(18) definition and classification, 22:41.61 designated school officials, see Designated school of-

ficials (DSOs) educational privacy, 8:214.1(h) employment authorization, 8:214.2(f)(9), 20:655.900–

655.1060 appeals, 20:655.1045–655.1055 attestations, 20:655.910(b), 655.940

complaints and investigative procedures, 20:655.1005

enforcement procedures, 20:655.1000–655.1060 Equal Access to Justice Act, nonapplicability,

20:655.1060 notice to ETA and AG, 20:655.1055 remedies for violations, 20:655.1010 review by Secretary, 20:655.1045

definitions, 20:655.920 documentation, 20:Apdx A (Pt. 655 Subpt. J) DOL regional offices, 20:655.930 DOL responsibilities, 20:655.910(a) exception to SSN as presumption of authority,

20:422.105(b) public access to documents, 20:655.950 termination of program, 20:655.910(d)

F visas, cont’d CODE OF FEDERAL REGULATIONS


Libyans, restrictions on availability of visas, 8:214.5 practical training, 8:214.2(f)(10)–(12) readmission to complete unexpired periods of previ-

ous visits, 8:214.1(b) reinstatement to student status, 8:214.2(f)(16) requirements for admission, extension, and mainte-

nance of status, 8:214.2(f) spouses and children, 8:214.2(f)(3), 214.2(f)(15),

22:41.61(b)(3) temporary absence, 8:214.2(f)(4), 214.2(f)(13) transfers, 8:214.2(f)(8) F visas, cont’d

Family Unity Program, 8:236.10–236.18 see also LIFE Act and LIFE Act Amendments eligibility, 8:236.12 employment authorization, 8:236.15(d) termination, 8:236.18 travel outside U.S., 8:236.16 voluntary departure, 8:236.15

family-sponsored immigration adoption, see Adoption Amerasian children of U.S. citizen, 8:204.4 brothers and sisters, petitions for, 8:204.2(g) child of abused citizen or LPR, self-petition,

8:204.2(e) child or son or daughter, petitions for, 8:204.2(d) entitlement to status, 22:42.31 general information, 8:204.1 immediate relatives (IRs)

classification as IR based on Hague Convention adop-tion, 8:204.306

entitlement to IR status, 22:42.21 refugees, eligibility as, 8:207.1(d)

jurisdiction, 8:204.1(e) marriage-based petitions, 8:204.2(a)

bona fide marriage, appellate review of eligibility de-termination, 8:1204.1

conditional permanent resident status, see Lawful permanent residents

orphans, see Adoption parents, petitions for, 8:204.2(f) preference petitions, automatic conversion, 8:204.2(i) spouse of abused citizen or LPR, self-petition,

8:204.2(c) validity of approved petitions, 8:204.2(h) widows and widowers of U.S. citizens, 8:204.2(b)

fashion models criteria and requirements for H-1B classification,

8:214.2(h)(4)(i)(C), 214.2(h)(4)(vii) period of validity, 8:214.2(h)(9)(iii)(A)(3)

FDNS-DS (Fraud Detection and National Security Data System)

FOIA exemption, 6:Apdx C (Pt. 5) §32 federal employees

see also specific federal agencies cultural exchange programs, participation in, 22:64.1–

64.10

federal holiday defined, 20.655.103(b)

federal-state unemployment insurance system, see Unemployment insurance

fees adoption accrediting agencies, 22:96.9, 96.40, 96.111 attorneys’ fees under EAJA, see Equal Access to Jus-

tice Act BIA appeals and motions, 8:1003.8 common carriers fee collection, procedures and re-

sponsibilities, 8:286.1–286.7 consular services

collection and return of fees, 22:22.7 refund of fees, 22:22.6 remittances to Foreign Service posts, 22:22.5 remittances to U.S., 22:22.3 requests for services, Foreign Service, 22:22.4 requests for services in U.S., 22:22.2 schedule of fees, 22:22.1

DHS applications and services, 8:103.7 exchange visitor program, see J visas FOIA, 6:5.11 Genealogy Program, 8:103.41 H-1B petitions, additional fees, 8:214.2(h)(19) H-2A agricultural workers, certification, 20:655.163 immigration courts, 8:1003.24 immigration user fee, 8:286.1–286.9 land border port-of-entry fee, 8:286.8–286.9 National Endowment for Democracy (NED) records,

22:66.5(c)–(g) passports, 22:51.50–51.56 Privacy Act, 6:5.29 program fraud civil sanctions action, 6:13.25 SEVIS, see SEVIS visa application fees (NIVs), 22:41.107 waiver, 8:103.7(c)

TPS applicants, 8:244.20, 1244.20 fiancé(e)s, see K visas Filipino citizens, see Philippines fines, see Sanctions, penalties, and fines fingerprinting, see Biometrics fixed-site employer

defined, 20.655.103(b) flight training

background checks, 28:105.10–105.14 exchange visitor program, 22:62.22(o) restrictions for Libyans, 8:214.5

FOIA, see Freedom of Information Act foreign medical graduates (FMGs), see Physicians forms

see also specific related headings AR-11, 8:265.1 availability from Superintendent of Documents,

8:299.3 definition, 8:1.1(aa) distribution of forms, 8:299.2, 1299.2

INDEX H visas, generally

[2010 Edition] 1025

fees, see Fees I-9, see Unlawful employment, subhead: Verification

of employment authorization I-20 ID copy, for M-1 students, 8:214.2(m)(2) I-94

application for initial or replacement card, 8:264.6 electronic submission by carriers, 8:231.1–231.3

I-95, application for initial or replacement card, 8:264.6

I-129W, filing requirements, 8:214.2(h)(19)(vi)–(vii) I-551, see Permanent Resident Cards I-589, see Asylum and withholding of removal, sub-

head: Applications I-664, see Affidavits of support I-797 and I-129S, use of at port of entry by intracom-

pany transferees, 8:214.2(l)(13) I-800 and I-800A, 8:204.307–204.314 procedure, 8:103.1–103.5b registration forms, 8:264.1(a) reproduction of forms, 8:299.4 tables of prescribed forms

control numbers, 8:299.5 immigration, 8:299.1, 1299.1 nationality, 8:499.1

fraud and misrepresentation citizenship, falsely claiming

visa ineligibility, 22:40.63 document fraud, see Document fraud H-2A applications, 20:655.184 labor certification process, 20:656.31 program fraud civil remedies, see Sanctions, penalties,

and fines relief from removal under INA §237(a)(1)(H) [former

§241], 8:1240.11(d), 1240.49(d) waivers under §212(i), 8:212.7(a)(4), 1212.7(a)(4)

Freedom of Information Act (FOIA), 6:5.1–5.12, 8:103.8–103.11

appeals, 6:5.9 business information, 8:103.11 commercial use request, 6:5.1(b)(1) definitions, 8:103.8 DHS offices, 6:Apdx A (Pt. 5) direct costs, 6:5.1(b)(2) duplication, 6:5.1(b)(3) educational institution, 6:5.1(b)(4) exemptions from disclosure, DHS records systems,

6:Apdx C (Pt. 5) expedited processing, 6:5.5(d) fees, 6:5.11 noncommercial scientific institution, 6:5.1(b)(5) public reading rooms, 6:5.2, Apdx B search, definition of, 6:5.1(b)(8)

Freely Associated States (FAS), see Territories and possessions of U.S.

G G visas (international organizations)

adjustment of status, see Adjustment of status change of status, special provisions, 8:248.3(c) diplomats and foreign-official visas, generally,

22:41.21–41.27 ineligibility for immigrant visa, 22:40.203 requirements for admission, extension, and mainte-

nance of status, 8:214.2(g) special-immigrant status for certain G-4 nonimmi-

grants, 8:101.5, 1101.5 GEMS (General Counsel Electronic Management

System) exemption from FOIA, 6:Apdx C (Pt. 5) §11

Genealogy Program, 8:103.38–103.41 good moral character

naturalization requirement, 8:316.10 T nonimmigrants, 8:245.23(g) VAWA self-petitioners, 8:204.2(c)(1)(vii),

204.2(c)(2)(v), 204.2(e)(1)(vii), 204.2(e)(2)(v) Great Lakes vessels and tugboats

examination of crewmembers, 8:252.3 Greece

deserters of Greek ships of war, 8:252.5 implementation of U.S.-Greece Convention, 28:0.110

green cards, see Permanent Resident Cards Guam, see Territories and possessions of U.S.

H H visas, generally

see also specific H visas, below admission, 8:214.2(h)(13) agents as petitioners, 8:214.2(h)(2)(i)(F) amended or new petitions, 8:214.2(h)(2)(i)(E) appeal of denial or revocation of petition,

8:214.2(h)(12) approval and validity, 8:214.2(h)(9)

effect of approval of LC or filing of preference peti-tion, 8:214.2(h)(16)

approval notice, use of, 8:214.2(h)(18) classification, 8:214.2(h)(1)(ii) extension of period of validity, 8:214.2(h)(14) extension of stay, 8:214.2(h)(15) licensure, 8:214.2(h)(4)(v) numerical limitations, 8:214.2(h)(8) requirements for admission, extension, and mainte-

nance of status, 8:214.2(h) revocation of approval of petition, 8:214.2(h)(11) spouses and dependents, 8:214.2(h)(9)(iv) strikes, effect of, 8:214.2(h)(17)

H-1A visas CODE OF FEDERAL REGULATIONS


H-1A visas (registered nurses) adjustment of status, see Adjustment of status appeals, 20:655.320, 655.435–655.450

BALCA review, 20:655.301(e), 655.320 certification and credentialing, 8:212.15, 1212.15 labor certifications (LC) process, 20:655.300–655.460

attestations, 20:655.310 enforcement, 20:655.400–655.460 fines and penalties, 20:655.410

BALCA review, see BALCA definitions, 20:655.302 public access to records, 20:655.350 H-1A visas, cont’d state plans for recruitment and retention, 20:655.315

H-1B visas (specialty occupations) see also H visas, generally complaint-filing procedures, 20:655.710 definitions, 8:214.2(h)(4)(ii), 20:655.715 degree requirement, 8:214.2(h)(4)(iii) dependent employers, 20:655.736

exempt workers, 20:655.737–655.739 required documentation, 20:655.736(d)

documentary requirements, 8:214.2(h)(4)(iv) DOD cooperative research and development projects

admission, limitations on, 8:214.2(h)(13)(iii)(B) & (v) criteria and documentary requirements,

8:214.2(h)(4)(vi) extension of stay, 8:214.2(h)(15)(ii)(B)(2) numerical limitations, 8:214.2(h)(8)(i)(B) period of validity, 8:214.2(h)(9)(iii)(A)(2)

employer responsibilities, 20:655.705(c) extension of stay, 8:214.2(h)(15)(ii)(B) fashion models, see Fashion models federal agencies involved, 20:655.705 fees, see Fees labor condition application (LCA) requirements,

8:214.2(h)(4)(i)(B), 20:655.720–655.734 see also Labor condition applications (LCAs) effect of approval, 8:214.2(h)(16)(i) enforcement actions, 20:655.731(d) notice, 20:655.734 strikes and lockouts, 20:655.733 wage requirement, 20:655.731 working conditions, 20:655.732

locations outside of intended employment, short-term placement, 20:655.735

multiple petitions, 8:214.2(h)(2)(i)(G) numerical limitations, 8:214.2(h)(8)(i)(A),

214.2(h)(8)(ii)(A) period of validity, 8:214.2(h)(9)(iii)(A) physicians, see Physicians procedures for employing H-1B workers, 20:655.700 procedures for obtaining visa, 20:655.700(b) requirements for admission, extension, and mainte-

nance of status, 8:214.2(h)(4) statutory provisions, 20:655.700(a) types of H-1B classification, 8:214.2(h)(4)(i)(A)

H-1B1 visas (Chile/Singapore FTA) see also H visas, generally complaint-filing procedures, 20:655.710 definitions, 20:655.715 employer responsibilities, 20:655.705(c) federal agencies involved, 20:655.705 labor condition application (LCA) requirements,

20:655.720–655.734 see also Labor condition applications (LCAs) enforcement actions, 20:655.731(d) notice, 20:655.734 strikes and lockouts, 20:655.733 wage requirement, 20:655.731 working conditions, 20:655.732

procedures for employing H-1B1 workers, 20:655.700 H-1C visas (nurses in underserved areas)

see also H visas, generally adjustment of status, see Adjustment of status admission, limitations on, 8:214.2(h)(13)(ii) appeals, 20:655.1135, 655.1220–655.1250 approval of LC or filing of preference petition,

8:214.2(h)(16)(i) attestation

appeal procedures, see subhead: Appeals (in this heading)

“facility wage rate”, 20:655.1113 facility’s responsibilities, 20:655.1101(b) hospital eligibility, 20:655.1111 location limitations, 20:655.1118 “no adverse effect on wages and working conditions”,

20:655.1112 “no strike/lockout or layoff”, 20:655.1115 notification, 20:655.1116 numerical limitations, 20:655.1117 recruitment, 20:655.1114 requirements imposed by Nursing Relief for Disad-

vantaged Areas Act (NRDAA), 20:655.1110 responsibilities of federal agencies, 20:655.1101(a) suspension or invalidation, 20:655.1132 visa issuance, 20:655.1101(d)

attorneys’ fees, inapplicability of EAJA, 20:655.1260 BALCA review, 20:655.1101(e) certification, credentialing, and licensing, 8:212.15,

214.2(h)(3)(v), 214.2(h)(4)(v)(D), 1212.15 complaints, 20:655.1101(f)

Administrator’s responsibility, 20:655.1205 debarment, 20:655.1255 definitions, 20:655.1102 enforcement authority, 20:655.1200 ETA criteria for certification, 20:655.1130 extension of stay, 8:214.2(h)(15)(ii)(A) facility requirements, 20:655.1100–655.1260 investigations

Administrator’s responsibility, 20:655.1205 appeals and review, 20:655.1220–655.1250 issuance of findings, 20:655.1215

INDEX H-2B visas

[2010 Edition] 1027

numerical limitations, 8:214.2(h)(8)(i)(E), 214.2(h)(8)(ii)(E). See also H visas, generally

penalties and other remedies, 20:655.1210 public access to records, 20:655.1150 requirements for admission, extension, and mainte-

nance of status, 8:214.2(h)(3) H-2A visas (temporary agricultural workers)

see also H visas, generally definitions, 20:655.103(b)–(d) eligible countries, 8:214.2(h)(5)(i)(F) extension of stay, 8:214.2(h)(15)(ii)(C) H-2A labor contractors (H-2ALC)

defined, 20.655.103(b) filing requirements, 20:655.132

labor certification process, 20:655.100–20:655.185 advertising, 20:655.151–20:655.153 appeals, 20:655.171 approval, effect of, 8:214.2(h)(16)(ii) audits, 20:655.180 criteria for certification, 20:655.161 debarment, 20:655.182 denied certification, 20:655.164 determinations, 20:655.160–20:655.167 determinations based on nonavailability of U.S.

workers, 20:655.166 document retention requirements, 20:655.167 effect of LC process, 8:214.2(h)(5)(ii) electronic job registry, 20:655.144 extensions, 20:655.170 fee, 20:655.163 filing procedures, 20:655.130–20:655.135 fraud or willful misrepresentation, 20:655.184 H-2A labor contractors (H-2ALC), 20:655.132 integrity measures, 20:655.180–20:655.185 job offers, contents of, 20:655.122 job orders, 20:655.121

withdrawal of, 20:655.172 job service complaint system, 20:655.185 meal charges, 20:655.173 offered job rate, 20:655.120 partial certification, 20:655.165 post-acceptance requirements, 20:655.150–

20:655.158 prefiling procedures, 20:655.120–655:122 processing of applications, 20:655.140–20:655.145 public disclosure of application records, 20:655.174 recruitment, 20:655.150–20:655.158 revocation of approved certification,

8:214.2(h)(5)(xii), 20:655.181 scope and purpose of regulations, 20:655.100 special procedures, 20:655.102 violations, less-than-substantial, 20:655.183 withdrawal of application, 20:655.172 work contracts, enforcement of, 20:655.185

requirements for admission, extension, and mainte-nance of status, 8:214.2(h)(5)

temporary and seasonal employment consent and notification requirements,

8:214.2(h)(5)(vi) defined, 8:214.2(h)(5)(iv)(A), 20:655.103(b) effect of DOL findings, 8:214.2(h)(5)(iv)(B) extensions in exigent circumstances, 8:214.2(h)(5)(x) fees collected from beneficiary, effect,

8:214.2(h)(5)(xi) limits on stay, 8:214.2(h)(5)(viii)(C) period of admission, 8:214.2(h)(5)(viii)(B) status violations, effect of, 8:214.2(h)(5)(viii)(A) substitution of beneficiaries, 8:214.2(h)(5)(ix) training and education, 8:214.2(h)(5)(v) validity, 8:214.2(h)(5)(vii)

H-2ALC, see H-2A visas H-2B visas (temporary nonagricultural workers)

see also H visas, generally admission, limitations on, 8:214.2(h)(13)(iv)–(v) athletes, traded professional, 8:214.2(h)(6)(vii) eligible countries, 8:214.2(h)(6)(i)(E) evidence for petition,

supporting temporary need, 20:655.21 extension of stay, 8:214.2(h)(15)(ii)(C) fees collected from beneficiary, effect,

8:214.2(h)(6)(i)(B) labor certification (LC) process, 8:214.2(h)(6)(iv),

20:655.1–655.80 advertisements, 20:655.15(f), 655.17, 655.30(b) amendments to applications, 20:655.34(c) approval, effect of, 8:214.2(h)(16)(ii) audits, 20:655.24 BALCA review, 20:655.11(e), 655.33 certifying officer review of prevailing wage determi-

nations, 20:655.11 debarment, 20:655.31

ARB review, 20:655.31(e)(5)(iii) definitions, 20:655.4 departure, 20:655.35 determinations, 20:655.32 enforcement process, 20:655.50 evidence for petition, 8:214.2(h)(6)(vii) hearings, 20:655.71–655.75 obligations of employers, 20:655.22 partial certification, 20:655.32(f) prevailing wage determination (PWD), 20:655.10 recruitment, 20:655.15, 655.30 remedies for violations, 20:655.65 review by Administrative Review Board (ARB),

20:655.31(e)(5)(iii), 655.76 validity of temporary LCs, 20:655.34

numerical limitations, 8:214.2(h)(8)(i)(C) period of validity, 8:214.2(h)(9)(iii)(B) reimbursement as condition to approval of future H-

2B petitions, 8:214.2(h)(6)(i)(D) requirements for admission, extension, and mainte-

nance of status, 8:214.2(h)(6) revocation of petition, effect, 8:214.2(h)(6)(i)(C)

H-2B visas, cont’d CODE OF FEDERAL REGULATIONS


“temporary services or labor”, 8:214.2(h)(6)(ii) intermittent need, 28:214.2(h)(6)(ii)(B)(4) one-time occurrence, 8:214.2(h)(6)(ii)(B)(1) peakload need, 28:214.2(h)(6)(ii)(B)(32) seasonal need, 28:214.2(h)(6)(ii)(B)(2) H-2B visas, cont’d

transportation costs, liability for, 8:214.2(h)(6)(vi)(E) H-3 visas (trainees)

see also H visas, generally admission, limitations on, 8:214.2(h)(13)(iv)–(v) approval of LC or filing of preference petition,

8:214.2(h)(16)(ii) defined, 22:41.53(e) extension of stay, 8:214.2(h)(15)(ii)(D) numerical limitations, 8:214.2(h)(8)(i)(D) nurses, eligibility for H-3, 8:214.2(h)(7)(i)(B) period of validity, 8:214.2(h)(9)(iii)(C) requirements for admission, extension, and mainte-

nance of status, 8:214.2(h)(7) habitual residence

territories and possessions of U.S., 8:214.7 Hague Convention on Intercountry Adoption, see

Adoption Haitians

adjustment under HRIFA, 8:245.15, 1245.15 Health Professional Shortage Areas, see H-1C visas health professionals

adjustment of status, see Adjustment of status certification requirements, 8:212.15, 1212.15 change of status to perform labor in health care indus-

try, 8:243.3(i) extension of stay and change of status, 8:214.1(j) nurses, see H-1A visas; H-1C visas; H-3 visas; Labor

certification, subhead: Schedule A physicians, see Physicians uncertified health care workers, visa ineligibility,

8:214.1(i), 22:40.53 higher-education institutions, see Colleges and universi-

ties; F visas; J visas; Teachers, college and university HIV, see AIDS / HIV Homeland Security Department, see Department of

Homeland Security household domestics, see Domestics HRIFA, see Haitians Hungarian parolees

adjustment of status, see Adjustment of status

I I visas (information media representatives)

classification, 22:41.52 requirements for admission, extension, and mainte-

nance of status, 8:214.2(i) treaty traders/investors, I visa preferred over E visa,

22:41.51(a)(4), 41.51(b)(4), 41.52(b) IAFIS (Integrated Automatic Fingerprint Identification

System), 6:37.3, 37.45

ICEPIC (ICE Pattern Analysis and Information Collec-tion System)

exemption from FOIA, 6:Apdx C (Pt. 5) §6 IDENT system

exemption from FOIA, 6:Apdx C (Pt. 5) §4 identification cards, see Driver’s licenses and identifi-

cation cards IDMS (Investigation Data Management System)

exemption from FOIA, 6:Apdx C (Pt. 5) §5 immediate relatives, see Family-sponsored immigra-

tion Immigrant Investor Pilot Program, see EB-5 visas immigrants

see also Lawful permanent residents; Visas; specific headings

adjustment of status, see Adjustment of status classification symbols (table), 22:42.11 entitlement to immigrant classification, 22:42.52(b) immigrant visa petitions, generally, 8:204.1–204.13

revocation of approval, 8:205.1–205.2, 1205.1–1205.2 labor certification, see Labor certification presumption of immigrant status, 22:41.11

Immigration and Customs Enforcement (ICE), see Department of Homeland Security (DHS)

Immigration and Naturalization Service (INS), see Department of Homeland Security (DHS)

immigration emergency fund, 28:65.80–65.85 immigration judges (IJs) and immigration courts

appointment, powers, and duties of IJs, 8:1003.10 attorney discipline, see Attorneys and representatives recusal, 8:1240.1(b) removal proceedings, IJ authority, 8:1240.1 rules of procedure, 8:1003.12–1003.47, 1240.10

§212(c) relief, special motions to seek, 8:1003.44 in absentia hearings, 8:1003.26 additional charges in removal hearings, 8:1003.30 appeals to BIA, see Board of Immigration Appeals biometrics, 8:1003.47(d) change of venue, 8:1003.20 continuances, 8:1003.29

for completion of investigation or examinations, 8:1003.47(f)

custody/bond, 8:1003.19 decisions, 8:1003.37

finality of, 8:1003.39 definitions, 8:1003.13 depositions and subpoenas, 8:1003.35 evidence of criminal conviction, 8:1003.41 fees, 8:1003.24 filing documents, 8:1003.31–1003.33 form of proceeding, 8:1003.25 interpreters and translators, 8:1003.22, 1003.33,

1240.5 investigations, 8:1003.47 jurisdiction and commencement of proceedings,

8:1003.14

INDEX J visas & exchange visitor program

[2010 Edition] 1029

local rules, 8:1003.40 motions to reopen or reconsider, 8:1003.23 prehearing conferences and statements, 8:1003.21 protective orders, 8:1003.46 public access to hearings, 8:1003.27 recording equipment, 8:1003.28 representation and appearances, 8:1003.16, 1003.17 scheduling, 8:1003.18 show cause orders and NTAs, 8:1003.15 telephonic or video hearings, 8:1003.25(c)

in absentia hearings, 8:1003.26 INA §212(c) relief

application for exercise of discretion, 8:212.3, 1212.3 special motion in immigration court, 8:1003.44

INA §245(i), see Adjustment of status inadmissibility, see Admission and admissibility; Ex-

pedited removal; Inspection incompetents

detention of, 8:236.2, 1236.2 naturalization of, 8:316.12 representation of in removal proceedings, 8:1240.4

informants, see S visas inspection, 8:235.1–235.11, 1235.1–235.11

see also Admission and admissibility deferred inspection, parole for, 8:235.2, 1235.2 expedited removal, see Expedited removal PORTPASS program, 8:235.7, 1235.7 preinspection

detention, 8:235.3(a), 1235.3(a) in foreign territory, 8:233.4, 235.5(b), 1235.5(b) in U.S. territories and possessions, 8:235.5(a),

1235.5(a) referral to immigration judge, 8:235.6, 1235.6 scope of examination, 8:235.1, 1235.1

insurance exchange visitor program, 22:62.14

Integrated Automatic Fingerprint Identification System (IAFIS), see Biometrics

INTELSAT visas, 22:41.24

Intercountry Adoption Act (IAA), see Adoption International Organization Immunities Act designa-

tions, 8:316.20(c) international organizations

see also G visas; NATO; United Nations visas, 22:41.24

intracompany transferees, see L visas Investigation Data Management System, see IDMS investors, see E-1/E-2 visas; EB-5 visas IRCA legalization, 8:245a.1–245a.6

applications for adjustment of status, 8:245a.3 nationals of countries for which extended voluntary

departure has been made available, 8:245a.4 applications for temporary residence, 8:245a.2

benefits for aliens found ineligible under LIFE Act, 8:245a.6

definitions, 8:245a.1 public benefits, disqualification from receiving,

8:245a.5 Irish Peace Process Cultural and Training Program

Act (IPPCTPA), see Q visas

J J visas & exchange visitor program, 22:62.1–62.79

see also Two-year foreign-residence requirement administration of program, 22:62.10 admission and readmission, 8:214.2(j)(1) application

form, 22:Apdx B (Pt. 62) procedure, 22:62.3–62.4

au pairs, 22:62.31 camp counselors, 22:62.30 canceled programs, 8:214.2(j)(3) change of category, 22:62.41 classification and requirements, 22:41.62 definitions, 22:62.2 designation and redesignation, 22:62.6–62.7 educational privacy, 8:214.1(h) employment

spouses and children, 8:214.2(j)(1)(v) students, 22:62.16, 62.23(g), 62.74

extension of duration of status, 8:214.2(j)(1)(vi) extension of program, 22:62.43 extensions of stay, 8:214.2(j)(1)(iv) fees and charges, 8:214.2(j)(5), 22:62.17 Form DS-2019, control of, 22:62.12 government visitors, 22:62.29 insurance, 22:62.14 international visitors, 22:62.28 medical students, see subhead: Physicians and medi-

cal students (in this heading) notification requirements, 22:62.13 physicians and medical students, 8:214.2(j)(4) professors and research scholars, 22:62.20

short-term scholars, 22:62.21 readmission to complete unexpired periods of previ-

ous visits, 8:214.1(b) reinstatement to valid program status, 22:62.45 reports, 22:62.15

form, 22:Apdx D (Pt. 62) requirements for admission, extension, and mainte-

nance of status, 8:214.2(j) requirements of program, 22:62.8 responsible officers

appointment, 22:62.9(g) certification, 22:Apdx A (Pt. 62) duties, 22:62.11

sanctions, 22:62.50 SEVIS, see SEVIS specialists, 22:62.26

J visas & exchange visitor program, cont’d CODE OF FEDERAL REGULATIONS


sponsors certification, 22:Apdx A (Pt. 62) eligibility, 22:62.3–62.4 obligations, 22:62.9 termination, see subhead: Termination (in this heading) J

visas & exchange visitor program, cont’d students

college and university, 22:62.23 secondary school, 22:62.25

summer work travel program, 22:62.32 teachers, primary and secondary, 22:62.24 termination

of all program participants, 22:62.40 of class of designated programs, 22:62.62 of sponsor’s designation, 22:62.60–62.61

responsibilities of sponsor upon termination, 22:62.63

trainees and interns, 22:62.22 transfer of program, 22:62.42 update form, 22:Apdx C (Pt. 62) visa ineligibility for certain former exchange visitors,

22:40.202, 41.53(f), 41.54(g) Japanese citizens

admission, 8:101.1(e), 1101.1(e) renunciation of U.S. nationality, 8:349.1

job offer defined, 20.655.103(b)

job offers, contents of temporary agricultural workers, 20:655.122

job opportunity defined, 20.655.103(b)

job order defined, 20.655.103(b)

job orders H-2A workers, 20:655.121

joint employment defined, 20.655.103(b)

journalists, see I visas judicial review, see Appeal and review Justice Department, see Department of Justice juveniles, see Minors; Special immigrant juveniles

K K visas (fiancé(e)s and spouses awaiting immigrant

visas) adjustment of status, see Adjustment of status children of beneficiary, 8:214.2(k)(3) classification and requirements, 8:214.2(k), 22:41.81 employment authorization, 8:214.2(k)(9) extension of stay for K-3s and K-4s, 8:214.2(k)(10) medical examination requirement, 22:41.108(a)(1) period of admission for K-3s and K-4s, 8:214.2(k)(8) reapplication for admission after removal, 8:212.2(c),

1212.2

requirement to have visa and passport, 8:212.1(h), 1212.1(h), 22:41.2(k)

termination of status for K-3s and K-4s, 8:214.2(k)(11)

waivers, filing procedure, 8:1212.7(a)(1)

L L visas (intracompany transferees)

admission, 8:214.2(l)(1), 214.2(l)(11) amended petitions, 8:214.2(l)(7)(1)(C) appeal of denial or revocation, 8:214.2(l)(10) approval of petitions, 8:214.2(l)(7)

spouses and dependents, 8:214.2(l)(7)(ii) blanket petitions, 8:214.2(l)(4)

approval of petitions, 8:214.2(l)(7)(i)(B) Canadians, see subhead: Canadians (in this heading) certification and admission procedures, 8:214.2(l)(5) denial of petitions, 8:214.2(l)(8)(ii) extension of validity, 8:214.2(l)(14)(iii) use of Forms I-797 and I-129S, 8:214.2(l)(13)(ii)

Canadians blanket petitions under NAFTA, 8:214.2(l)(17) labor disputes, denial of status, 8:214.2(l)(18)

copies of supporting documents, 8:214.2(l)(6) definitions, 8:214.2(l)(1)(ii) denial of petitions, 8:214.2(l)(8) effect of filing or approval of LC, preference petition,

or adjustment application, 8:214.2(l)(16) evidence for individual petitions, 8:214.2(l)(3) extension of stay, 8:214.2(l)(15) extension of validity, 8:214.2(l)(14) filing of petitions, 8:214.2(l)(2) Forms I-797 and I-129S

use of at port of entry, 8:214.2(l)(13) Mexicans

labor disputes, denial of status, 8:214.2(l)(18) period of stay, limitations, 8:214.2(l)(13) requirements, 8:214.2(l), 22:41.54 revocation of approval, 8:214.2(l)(9)

labor certification (LC), 20:656.1–656.41, 22:40.51–40.53

see also specific visa types advertising, see subhead: Recruitment and advertising

(in this heading) agricultural workers, see H-2A visas applicability, 8:212.8, 1212.8 attestations, 20:656.10(c) audit procedures, 20:656.20 BALCA review, 20:656.26–656.27 basic process, 20:656.17 college and university teachers, optional special re-

cruiting and documentation procedures, 20:656.18 conditions of employment, 20:656.17(j) debarment, 20:656.31(f) definitions, 20:656.3

INDEX LIFE Act and LIFE Act Amendments

[2010 Edition] 1031

determinations, 20:656.24 domestics, live-in, 20:656.19 duplicate certifications, 20:656.30(e) fraud and misrepresentation, 20:656.31 general instructions, 20:656.10 improper commerce and payment, 20:656.12 job duties and requirements, 20:656.17(h)–(i) layoffs, 20:656.17(k) notice, 20:656.10(d) prevailing wage, see Prevailing wage determination recruitment and advertising, 20:656.17(e)–(g)

college and university teachers, 20:656.18 reports, 20:656.17(g), 656.21(e) supervised recruitment, 20:656.21

refiling procedures, 20:656.17(d) representation, 20:656.10(b) revocation of approved certifications, 20:656.32 role of DOL, 20:656.2 Schedule A, 20:656.5

application requirements, 20:656.15 sheepherders, 20:656.16 substitutions and modifications, 20:656.11 temporary workers, see H-1A visas; H-2A visas; H-

2B visas uncertified health care workers, 22:40.53 unqualified physicians, 22:40.52 validity and invalidation of certifications, 20:656.30

labor condition applications (LCAs) actions taken, 20:655.740 complaints, filing, 20:655.806

by nonaggrieved parties, 20:655.807 enforcement, 20:655.800 invalidation or suspension, 20:655.750(c) investigation of violations, 20:655.805, 655.808

appeals, 20:655.845–655.850 determination by Administrator, 20:655.815 hearings, 20:655.820–655.840 notice to ETA and DHS, 20:655.855 remedies, 20:655.810

protection against employer retaliation, 20:655.801 public access to records, 20:655.760 requirements for E-3s, H-1Bs, and H-1B1s,

20:655.700–655.855 see also E-3 visas; H-1B visas; H-1B1 visas

validity period, 20:655.750 withdrawal, 20:655.750(b)

Labor Department, see Department of Labor Laotians

adjustment, see Adjustment of status lawful permanent residents (LPRs)

adjustment of status, see Adjustment of status application for creation of permanent record, 8:264.2 Canadian-born American Indians, see American Indi-

ans born in Canada children or LPRs, see V visas

conditional permanent residents, 8:216.1–216.6, 1216.1–1216.6

admission of conditional residents, 8:235.11, 1235.11 condition to remove conditional status

termination of status, 8:216.3, 1216.3 petition to remove conditional status

EB-5 entrepreneurs, 8:216.6, 1216.6 marriage-based petitions, 8:216.4, 216.5, 1216.4,

1216.5 diplomats, persons born to, 8:101.3, 1101.3 green cards, see Permanent Resident Cards “lawfully admitted for permanent residence,” defined,

8:1.1(p), 1001.1(p) registration procedure, 8:101.4, 1101.4 removal proceedings, IJ authority to grant respondent

LPR status, 8:1240.11(a), 1240.49(a) returning LPRs

exemptions from requirement to have passport, 22:42.2

exemptions from requirement to have visa, 22:42.1 requirements and necessary documentation, 22:42.22

spouses of LPRs, see V visas lawful status

definition, 6:37.3 evidence of, 6:37.11(g)

“lawfully present”, see Unlawful presence layoffs

labor certification process, 20:656.17(k) legal service providers, see Attorneys and representa-

tives legalization, see Family Unity Program; IRCA legaliza-

tion; LIFE Act and LIFE Act Amendments LEIDB (Law Enforcement Information Data Base) /

Pathfinder exemption from FOIA, 6:Apdx C (Pt. 5) §9

Libyans restrictions on available benefits, 8:214.5

LIFE Act and LIFE Act Amendments see also V visas family unity provisions of LIFE Act Amendments,

8:245a.30–245a.37 eligibility, 8:245a.31, 245a.32 employment eligibility, 8:245a.34 filing, 8:245a.33 period of unauthorized stay, 8:245a.34 protection from removal, 8:245a.34 termination of family unity benefits, 8:245a.37 travel outside U.S., 8:245a.35

legalization under LIFE Act, 8:245a.10–245a.22 citizenship skills, 8:245a.17 class membership in CSS, LULAC, and Zambrano

lawsuits, 8:245a.14 confidentiality, 8:245a.21 continuous physical presence, 8:245a.16 continuous residence in unlawful status, 8:245a.15

LIFE Act, cont’d CODE OF FEDERAL REGULATIONS


legalization under LIFE Act, cont’d

decisions, appeals, motions, and certifications, 8:245a.20

definitions, 8:245a.10 eligibility to adjust status, 8:245a.11 filing and application procedures, 8:245a.12, 245a.13 inadmissibility grounds, 8:245a.18 interviews, 8:245a.19 IRCA benefits for aliens found ineligible under LIFE

Act, 8:245a.6 LIFE Act, cont’d rescission, 8:245a.22

litigation, see Discovery; Subpoenas live-in domestics, see Domestics logging employment

defined, 20.655.103(c)(4) longshore work, see Crewmembers loss of nationality, see Citizenship and nationality LULAC class action, see LIFE Act and LIFE Act

Amendments

M M visas (vocational students)

admission, 8:214.2(m)(1) approval of schools, see Colleges and universities;

Schools, primary and secondary border commuter students, 8:214.2(m)(18) definition and classification, 22:41.61 designated school officials, see Designated school of-

ficials (DSOs) educational objective, change in, 8:214.2(m)(12) educational privacy, 8:214.1(h) employment, 8:214.2(m)(13)–(14) extension of stay, 8:214.2(m)(10) Form I-20 ID copy, 8:214.2(m)(2) full course of study, 8:214.2(m)(9) Libyans, restrictions on availability of visas, 8:214.5 online course and distance education,

8:214.2(m)(9)(v) period of stay, 8:214.2(m)(5) practical training, 8:214.2(m)(14)–(15) readmission to complete unexpired periods of previ-

ous visits, 8:214.1(b) reinstatement to student status, 8:214.2(m)(16) SEVIS, see SEVIS spouses and children, 8:214.2(m)(17), 22:41.61(b)(3) temporary absences, 8:214.2(m)(4) transfer of schools, 8:214.2(m)(11)

machine-readable documents border crossing cards, see Border crossing cards driver’s licenses and identification cards, 6:37.19

MAGNET (Maritime Awareness Global Network) exemption from FOIA, 6:Apdx C (Pt. 5) §8

Mariel Cubans, see Cubans

Maritime Awareness Global Network, see MAGNET marriage

authentication and certification by consular officers, 22:52.1–52.3

immigrant petitions by spouses, see Family-sponsored immigration

naturalization, see Naturalization naturalization of spouses of citizens, see Naturaliza-

tion Marshall Islands, see Territories and possessions of

U.S. master application

defined, 20.655.103(b) medical conditions

AIDS / HIV, 8:212.4(f), 1212.4(f) inadmissibility, see Admission and admissibility

medical examinations, 8:232.1–232.3, 42:34.1–34.8 adjustment of status, 8:245.5, 1245.5 arriving aliens, 8:232.2 definitions, 42:34.2 detained aliens, medical care, 42:34.7 notifications, 42:34.4 postponement, 42:34.5 reexaminations, 42:34.8 refugees, 8:207.2(c) review boards, 42:34.8 scope of examinations, 42:34.3 visa application requirements

immigrant visas, 22:42.66 nonimmigrant visas, 22:41.108

medical records and information adoptions cases, 22:96.49 release of, 6:5.22(f)

medically underserved areas H-1C nurses, see H-1C visas national interest waivers, see EB-2 visas physicians, see Physicians

mental examinations, see Medical examinations Metropolitan Statistical Area (MSA)

definition, 20:655.4 Mexicans

see also NAFTA border crossing cards, see Border crossing cards documentary requirements and exceptions, 8:212.1(c),

1212.1(c), 22:41.2(g) Micronesia, see Territories and possessions of U.S. military, see Armed Forces of the U.S. minors

see also Abused spouses and children; Adoption; Ci-tizenship and nationality; Family-sponsored im-migration; Special immigrant juveniles; specific visa types

Amerasian children, 8:204.4 asylee’s children, admission of, 8:208.21, 1208.21 Canadian children, 8:212.1(a)(1)(v), 1212.1(a)(1)(v)

INDEX naturalization

[2010 Edition] 1033

crimes committed by minors, inadmissibility, 22:40.21(a)(1)–(2)

detention of, 8:236.2, 236.3, 1236.2, 1236.3 labor certifications, accompanying or following-to-

join children, LC not required, 22:40.51(c) passports, 22:51.28 requirements for admission

nonimmigrants, 8:1212.1(h) requirements for admission—immigrants

child born after visa issuance to accompanying par-ent, 22:42.1(d)

child born to U.S. citizen or LPR while abroad, 22:42.1(e)

requirements for admission—nonimmigrants, 8:212.1(h)

voluntary departure, 8:236.3(g), 1236.3(g)

N N visas (parents and children of special immigrants)

requirements for admission, extension, and mainte-nance of status, 8:214.2(n)

NAFTA (North Atlantic Free Trade Agreement) B visa visitors, admission pursuant to NAFTA,

8:214.2(b)(4) blanket L petitions for Canadians, 8:214.2(l)(17) TN visas

admission procedures, 8:214.6(e) change or addition of employers, 8:214.6(i) classification and requirements, 8:214.6, 22:41.59 definitions, 8:214.6(b) extension of stay, 8:214.6(h) health care workers, 8:214.1(i)(2) readmission, 8:214.6(g) specific professions and requirements, 8:214.6(c) spouses and children, 8:214.6(j) strike, effect of, 8:214.6(k)

names changes during naturalization process, 8:337.4, 338.2,

338.12, 1337.4 entry under erroneous name, 8:101.2, 1101.2

National Crime Information Center, see NCIC National Endowment for Democracy (NED)

availability of records, 22:66.1–66.8 fees and fee waivers, 22:66.5(c)–(g)

organization, 22:67.1–67.4 national interest waivers, see EB-2 visas National Processing Center (NPC)

defined, 20.655.103(b) national security

classified information, see Classified information grounds of inadmissibility, see Admission and admis-

sibility nationality, see Citizenship and nationality

NATO as public international organization of which U.S. is a

member, 8:316.20(b), 319.5 visas, 8:214.2(s), 22:41.25

application procedures, 8:214.2(s)(4) bilateral employment agreements, formal and de facto

applicability for dependents, 8:214.2(s)(4) dependent employer requirements, 8:214.2(s)(3)

definitions, 8:214.2(s)(2) diplomats and foreign-official visas, generally,

22:41.21–41.27 employment, 8:214.2(s)(6), 214.2(s)(9)

appeals, 8:214.2(s)(8) income tax and Social Security liability, 8:214.2(s)(7) special immigrants, 22:42.(d)(5)

naturalization see also Citizenship and nationality adjudication, 8:316.14 alien enemies, 8:331.1–331.4 application requirements, 8:334.1–334.18 authority

administrative, 8:310.1 judicial, 8:310.4

certificates of naturalization administrative cancellation, 8:342.1–342.9 correction, 8:338.3 delivery, 8:338.3 execution and issuance, 8:338.1, 338.11 foreign states, recognition by, 8:343b.1–343b.11 name changes, 8:338.2, 338.12, 343a.1(b) replacement of lost or destroyed certificates,

8:343a.1–343a.2 spoiled certificates, 8:338.13

Communist or other totalitarian parties, ineligibility, 8:313.1–313.4, 316.11(c)

Constitution, required attachment to, 8:316.11 definitions, 8:316.1 denial

hearing, 8:336.2 judicial review, 8:336.9 notice, 8:336.1

derogatory information received after grant, 8:335.5 documents required, 8:316.4 education requirements

civics knowledge requirement, 8:312.2 failure to meet requirements, 8:312.5 interpreters, 8:312.4 literacy and English-language requirements, 8:312.1 standardized testing, 8:312.3

effective date, 8:337.9, 1337.9 eligibility, generally, 8:316.2 failure to appear for examination, 8:335.6 former citizens

authorization by private law, 8:324.5 at birth or by naturalization, 8:324.2 who lost citizenship through service in foreign-state

armed forces, 8:327.1–327.2, 343.1

naturalization, cont’d CODE OF FEDERAL REGULATIONS


forms, 8:332.5 good-moral-character requirement, 8:316.10 incompetency, 8:316.12 instruction and training in citizenship responsibilities,

8:332.3 cooperation with other official organizations, 8:332.4

intention, declaration of, 8:334.11 investigation and examination of applicant, 8:335.1–

335.13 judicial review, 8:310.5 jurisdiction to accept applications, 8:310.2

relinquishment of, 8:339.3 military service

eligibility after service during specific periods of hos-tilities, 8:329.1–329.2, 329.4–329.5

ineligibility of naturalization for aliens who obtained exemption, 8:314.1–315.5

monthly reports, 8:339.2 oath of allegiance, 8:310.3, 337.1–337.10, 1337.1–

1337.10 administration of, 8:332.1, 337.2, 339.1, 1337.2

expedited procedures, 8:337.3, 1337.3 failure to appear, 8:337.10, 1337.10 with requests for name change, 8:337.4, 1337.4

photographs naturalization, cont’d

attachment to documents, 8:333.2 establishment of studios, 8:332.2 requirement, 8:333.1

records, 8:339.4, 339.5 certification of, 8:343c.1

residence requirement, 8:316.5 revocation, 8:340.1, 340.2 seamen, 8:330.1–330.2 spouses of U.S. citizens, 8:319.1–319.11

citizen spouse employed abroad, 8:319.2 eligibility, 8:319.1 employment in organizations engaged in disseminat-

ing information, 8:319.6 filing applications, 8:319.11 widow(er)s of servicemembers, 8:319.3

transfer of petition, 8:334.17, 335.9 U.S. nationals who are not U.S. citizens, 8:325.2–

325.4 V visa holders, 8:214.15(k) withdrawal of application, 8:335.10 women restored to U.S. citizenship by act of June 25,

1936, 8:324.4 women who have lost U.S. citizenship by now-

terminated marriage, 8:324.3 NCIC (National Crime Information Center)

driver’s licenses and identification cards, 6:37.3, 37.45 limitation on use of information, 22:40.5

news media representative see also I visas definition under FOIA, 6:5.1(b)(6)

Nicaraguans NACARA

adjustment, 8:245.13, 1245.13 cancellation of removal and suspension of deporta-

tion, motions to reopen, 8:245.43, 1240.21(b)(2) nonagricultural temporary workers, see H-2B visas nonimmigrant visas (NIVs)

see also specific visa types applications for NIVs, 22:41.101–41.108 change of status, see Change of status (NIVs) classes of nonimmigrants, 8:214.1(a)(1) classification symbols (table), 8:214.1(a)(2), 22:41.12 issuance of visas, 22:41.111–41.113 requirements for admission, extension, and mainte-

nance of status, 8:214.1, 214.2, 1214.1 nonprofit organizations

see also Colleges and universities; Research scholars and institutions

fees, exemption from H-1B additional fee, 8:214.2(h)(iii)(B), 214.2(h)(iv)

Northern Mariana Islands (CNMI) see also Territories and possessions of U.S. asylum and withholding of removal, 8:208.1(a)(2),

208.2(c)(1)(iii)–(iv), (vii)–(viii), 208.4(a)(2)(ii), 208.5(a) & (b)(1)(iii), 208.30(a) & (e)(2), 1208.1(a)(2), 1208.2(c)(1)(iii)–(iv), (vii)–(viii), 1208.4(a)(2)(ii), 1208.5(a) & (b)(1)(iii), 1208.30(a)

adjustment of status, 8:209.2(a)(3), 1209.2(a)(3) CW-1 status, requirements for admission, extension,

and maintenance of status, 8:214.2(w) employment authorization, 8:274a.12(b)(23)–(24)

acceptable documents, 8:274a.2(b)(1)(v)(D) Guam-CNMI Visa Waiver Program, 8:212.1(q),

1212.1(q) identification card, 8:235.9

notice of intent to fine (NOIF), see Sanctions, penal-ties, and fines

notice to appear (NTA), 8:239.1, 1239.1 cancellation of NTA, 8:239.2, 1239.2 effect of filing NTA, 8:239.3, 1239.3

numerical limitations see also Priority dates cancellation of removal and suspension of deportation,

8:240.21, 1240.21 chargeability rules, 22:42.12 DOS control and allocation of numbers, 22:42.51 H visas, see H visas, generally; and specific H visas immigrants not subject to limitations, 22:42.21–42.24 immigrants subject to limitations, 22:42.31–42.33 recaptured visa numbers, 22:42.51(c) refugees, 8:207.6 T visas, 8:214.11(m) U visas, 8:214.14(d)

nurses, see Adjustment of status; H-1A visas; H-1C visas; H-3 visas; Labor certification, subhead: Schedule A

INDEX passports

[2010 Edition] 1035

O O visas (persons of extraordinary ability)

appeal of denial or revocation of petition, 8:214.2(o)(9)

consultation, 8:214.2(o)(5) definitions, 8:214.2(o)(1)(ii) effect of approval of LC or filing of preference peti-

tion, 8:214.2(o)(13) extension of stay, 8:214.2(o)(12) extension of visa petition validity, 8:214.2(o)(11) I-797 approval notice, use of, 8:214.2(o)(15) O-2 accompanying aliens, 8:214.2(o)(4) requirements, 22:41.55 return transportation requirement, 8:214.2(o)(16) strike, effect of, 8:214.2(o)(14)

Office of Chief Administrative Hearing Officer (OCAHO)

function, generally, 28:0.118 Office of Chief Immigration Judge (OCIJ)

see also Immigration judges (IJs) and immigration courts

administrative control, 8:1003.11 organization and function, generally, 8:1003.9,

28:0.117 Office of Foreign Labor Certification (OFLC)

see also Labor certification authority of Administrator, generally, 20:655.00,

20:655.101 definitions, 20.655.103(b)

Office of International Affairs asylum jurisdiction, 8:208.2(a), 1208.2(a)

one-year filing deadline, see Asylum and withholding of removal

orphans, see Adoption

P P visas (athletes, artists, entertainers)

appeal of denial or revocation of petition, 8:214.2(p)(11)

approval and validity, 8:214.2(p)(8) classification, 8:214.2(p)(1) consultation, 8:214.2(p)(7) definitions, 8:214.2(p)(3) effect of approval of LC of filing of preference peti-

tion, 8:214.2(p)(15) extension of stay, 8:214.2(p)(14) extension of visa petition validity, 8:214.2(p)(13) filing of petition, 8:214.2(p)(2) P-1 (internationally recognized) classification and re-

quirements, 8:214.2(p)(4) P-2 (reciprocal exchange program) classification and

requirements, 8:214.2(p)(5)

P-3 (culturally unique program) classification and re-quirements, 8:214.2(p)(6)

requirements, 8:214.2(p), 22:41.56 return transportation requirement, 8:214.2(p)(18) revocation of approval, 8:214.2(p)(10) strike, effect of, 8:214.2(p)(16)

Panama Canal employees entitlement to special immigrant status, 22:42.(d)(3)

parents immigrant visas, see Family-sponsored immigration

parole, 8:212.5, 1212.5 advance parole, see Advance parole crewmembers, 8:253.1–253.2 deferred inspection, 8:235.2, 1235.2 Mariel Cubans, 8:212.12, 1212.12 witnesses and informants, 8:212.14, 1212.14

passports, 22:51.1–51.74 adjudication and issuance, 22:51.5 amendment, 22:51.9 application procedures, 22:51.20–51.28

by persons abroad, 22:50.4 definitions, 22:41.0, 51.1 denial, revocation, and restriction, 22:51.60–51.66 entry, passport requirement, 8:211.2, 22:53.1–53.4 evidence of citizenship or nationality, 22:51.40–51.46 expedited processing, 22:51.56 fees, 22:51.50–51.56 identity-establishing, 6:37.11(c) for minors, 22:51.28 name to be used, 22:51.25 replacement, 22:51.10 requirement to have, exemptions from

immigrants, 22:42.2 members of U.S. Armed Forces, 22:42.2(f) nationals of Communist-controlled countries,

22:42.2(e) relatives of LPRs, 22:42.2(c) relatives of U.S. citizens, 22:42.2(a) returning LPRs, 22:42.2(b) stateless persons, 22:42.2(d) waiver beneficiaries, 22:42.2(g)

nonimmigrants, 22:41.0–41.3 Canadians, 22:41.2(a) certain British, French, Dutch, or Caribbean na-

tionals, 22:41.2(b)–(f) certain Pacific islanders, 22:41.2(h) definitions, 22:41.0 fiancé(e)s of U.S. citizens, 22:41.2(k) joint action of consular and immigration officers,

22:41.3 by law or treaty, 22:41.1 Mexicans, 22:41.2(g) transit-without-visa (TWOV) aliens, 22:41.2(i) treaty trader and treaty investors, 22:41.2(m) unforeseen emergencies, 22:41.2(j) Visa Waiver Program, 22:41.2(l)

review of denials and revocations, 22:51.70–51.74

passports, cont’d CODE OF FEDERAL REGULATIONS


types, 22:51.3 validity, 22:51.4 verification and release of information, 22:51.5 visa applications, passport requirements

immigrant visas, 22:42.64 passports, cont’d nonimmigrant visas, 22:41.104

penalties, see Sanctions, penalties, and fines Permanent Resident Cards (green cards)

expiration, 8:211.3 identity-establishing, 6:37.11(c) replacement cards, application for, 8:264.5 surrender upon rescission of adjustment, 8:246.9,

1246.9 permanent residents, see Lawful permanent residents permanent workers, see Labor certification; specific

visa types persecution, see Asylum and withholding of removal Philippines

admission of Filipinos, 8:101.1(f), 1101.1(f) naturalization for Filipinos who served in WWII,

8:329.5 physical and mental examinations, see Medical ex-

aminations physical presence

adjustment applicants, evidence demonstrating, 8:245.22, 1245.22

LIFE Act legalization, 8:245a.16 refugees, 8:207.8 T nonimmigrants, 8:214.11(g)

physical therapists adjustment of status for health care workers, see Ad-

justment of status certification and credentialing, 8:212.15, 1212.15 labor certification, Schedule A, see Labor certification

physicians adjustment of status, see Adjustment of status exchange visitor program, see J visas H-1B visas, criteria and documentary requirements,

8:214.2(h)(4)(viii) physicians of national or international renown,

8:214.2(h)(4)(viii)(C) medically underserved areas, service in, 8:204.12,

245.18, 1245.18 special immigrant status

spouses and children of certain FMGs, 22:42.(d)(4) unqualified physicians, visa ineligibility, 22:40.52

Polish and Hungarian parolees adjustment of status, see Adjustment of status

polygamists visa ineligibility, 22:40.101

PORTPASS program, 8:235.7, 1235.7 ports of entry

see also Admission and admissibility; Borders; Com-mon carriers; Fees

for aliens arriving by aircraft, 8:100.4(b)

for aliens arriving by vessel or land transportation, 8:100.4(a)

positive recruitment defined, 20.655.103(b)

post-secondary institutions, see Colleges and univer-sities; F visas; J visas; Teachers, college and uni-versity

pre–April 1, 1997 hearings, see Deportation; Exclusion pre-enrolled access lane (PAL), 8:287.11 prefiling procedures

temporary agricultural workers, see H-2A visas preinspection, see Inspection premium processing, 8:103.2(f)

see also Expedited processing presence without admission or parole

visa ineligibility, 22:40.61 presumption of immigrant status, 22:41.11 prevailing practice

defined, 20.655.103(b) prevailing wage

defined, 20.655.103(b) prevailing wage determination (PWD), 20:656.40

athletes, 20:656.40(f) employer-provided wage information, 20:656.40(g) H-2B workers, 20:655.10

review by certifying officer, 20:655.11 institutions of higher learning and research entities,

20:656.40(e) professional athletes, 20:656.40(f) review, 20:656.41 supplemental information provided by employer,

20:656.40(h) previously removed aliens

asylum and withholding applicants ineligible to pro-ceedings under INA §240, 8:208.2(c)(1)(v), 1208.2(c)(1)(v)

inadmissibility, 22:40.91 priority dates, 8:204.5(d)–(f)

dates for specific types of applications, 22:42.53 employment-creation visas, 8:204.6(d) order of consideration, 22:42.54 report by consular officers, 22:42.55

Privacy Act, 6:5.20–5.36, 8:103.20–103.36 DHS offices, 6:Apdx A exemptions from disclosure, 6:Apdx C (Pt. 5) FOIA, see Freedom of Information Act

professors, see Teachers, college and university program fraud civil remedies, see Sanctions, penalties,

and fines public access to records, see Freedom of Information

Act; Privacy Act; Public reading rooms; Records and information

public benefits IRCA legalization beneficiaries, 8:245a.5

INDEX removal and removal proceedings

[2010 Edition] 1037

public charge inadmissibility, 22:40.41

public reading rooms, 6:5.2, Apdx B (Pt. 5)

Q Q visas & cultural exchange program

admission, 8:214.2(q)(2) approval of petition, 8:214.2(q)(7) definitions, 8:214.2(q)(1)(iii), 22:63.1, 64.2 denial of petition, 8:214.2(q)(8) employment, 8:214.2(q)(11) extension of stay, 8:214.2(q)(10) federal employees, participation by, 22:64.1–64.10 grants and payments, 22:63.2–63.9 Q-2 visas (Irish Peace Process Program)

admission, documentary requirements, 8:212.1(n), 1212.1(n)

application, 22:41.101(f) change of status, special provisions, 8:248.3(d) employment, 8:214.2(q)(15)(vii)–(x) readmission to complete unexpired periods of previ-

ous visits, 8:214.1(b) requirements, 8:214.2(q)(15), 22:41.57

requirements for admission, extension, and mainte-nance of status, 8:214.2(q)

revocation of approved petition, 8:214.2(q)(9) substitutions, 8:214.2(q)(6)

quarantine applicability of foreign quarantine regulations, 42:34.6

R R visas (religious workers)

appeal of revocation, 8:214.2(r)(19) attestation, 8:214.2(r)(8) change or addition of employers, 8:214.2(r)(13) definitions, 8:214.2(r)(3) evidence, 8:214.2(r)(9)–(12) extension of stay or readmission, 8:214.2(r)(5) jurisdiction and procedures, 8:214.2(r)(7) limitations on total stay, 8:214.2(r)(6) obligation of employer, 8:214.2(r)(14) requirements, 8:214.2(r), 22:41.58 revocation of approved petition, 8:214.2(r)(18) verification by USCIS, 8:214.2(r)(16)

railroad lines, see Common carriers reading rooms, see Public reading rooms REAL ID Act

driver’s licenses, see Driver’s licenses and identifica-tion cards

records and information see also Documents and documentation adoption records, 22:96.42, 96.90–96.93, 96.110 asylum records, disclosure toward third parties,

8:208.6, 1208.6

Genealogy Program, see Genealogy Program immigrant visa records, maintenance at posts where

issued, 22:42.52 limitation on use of NCIC criminal history informa-

tion, 22:40.5 in litigation, 6:5.41–5.49 National Endowment for Democracy (NED), avail-

ability of records, 22:66.1–66.8 Privacy Act, see Privacy Act proof of official records, 8:287.6, 1287.6 public access to records

see also Freedom of Information Act (FOIA); Privacy Act

crewmembers performing longshore work, 20:655.550

F-1 student work authorization, 20:655.950 H-1A nurses, 20:655.350 H-1C nurses, 20:655.1150 H-2A agricultural workers, 20:655.174 labor condition applications (LCAs), 20:655.760

transferring from visa files for court proceedings, 22:40.4

recruitment H-1B temporary nonagricultural workers, 20:655.15,

655.30 H-1C nurses, 20:655.655.1114 H-2A agricultural workers, 20:655.150–20:655.158 permanent workers, see Labor certification

reentry permits expiration, 8:211.3 purpose, processing, and validity, 8:223.1–223.3

refugees, 8:207.1–207.9 adjustment of status, 8:209.1, 1209.1 approved application, 8:207.4 derivatives, 8:207.7 eligibility, 8:207.1 numerical accounting, 8:207.6 physical presence in the U.S., 8:207.8 processing, 8:207.2 termination of status, 8:207.9 travel documents

expiration, 8:211.3 purpose, processing, and validity, 8:223.1–223.3

waiting lists and priority handling, 8:207.5 waivers of inadmissibility, 8:207.3, 1207.3

registered nurses, see H-1A visas registration of aliens, 8:101.4, 264.1, 1101.4 reinstatement of removal, see Removal and removal

proceedings religious workers

nonimmigrants, see R visas special immigrants

entitlement to status, 22:42.(d)(1) general requirements, 8:204.5(m)

removal and removal proceedings see also Detention and custody

removal and removal proceedings, cont’d CODE OF FEDERAL REGULATIONS


additional charges, 8:1003.30 ancillary matters, 8:1240.11 appeals to BIA, see Board of Immigration Appeals asylum and withholding applicants

effect of asylum grant on removal proceeding, 8:208.22, 1208.22


ineligibility for proceedings under INA §240, 8:208.2(c), 1208.2(c)

attorney conduct, see Attorneys and representatives authority of IJs and conduct of hearing, 8:1240.1 burdens of proof, 8:1240.8 cancellation of removal, see Cancellation of removal countries to which ordered removed, 8:241.15

BIA and IJs without jurisdiction to review DHS de-terminations, 8:1241.15

health or safety concerns, 8:241.14, 1241.14 removal to country ordered unlikely, special review

procedures, 8:241.13, 241.14, 1241.14 safe third country agreement, IJ authority to remove

respondent to, 8:1240.11(g) decision of IJ and notice, 8:1240.12–1240.13

finality of order, 8:1240.14 DHS counsel, 8:1240.2 distress, aliens in, 8:250.1–250.2 evidence, 8:1240.7 failure to attend, basis for visa ineligibility, 22:40.62 final order of removal, 8:241.1, 1241.1 IIRAIRA transition-rule application, 8:1240.16 incompetent respondents, 8:1240.4 interpreters, 8:1240.5 LIFE, see LIFE Act and LIFE Act Amendments

LPR status, IJ authority to grant to respondent, 8:1240.11(a) removal and removal proceedings, cont’d

notice to appear (NTA), see Notice to appear notice to transportation lines, 8:241.9, 241.24

costs of detention and maintenance, 8:241.12 special care and attention due, 8:241.10

postponement and adjournment of hearing, 8:1240.6 pre–April 1, 1997 hearings, see Deportation; Exclu-

sion procedure of hearing, generally, 8:1240.10

see also Immigration judges (IJs) and immigration courts

record, contents of, 8:1240.9 reinstatement of removal, 8:241.8, 1241.8

withholding applicants ineligible to proceedings un-der INA §240, 8:208.2(c)(2)(i), 1208.2(c)(2)(i)

representation, right to, 8:1240.3 S-5, S-6, and S-7 nonimmigrants, 8:236.4, 1236.4 self-removal, 8:241.7, 1241.7 stay of removal

aliens under final order or removal,, 8:241.6, 1241.6 stowaways, 8:241.11 suspension of deportation, see Deportation Visa Waiver Program, 8:217.4

voluntary departure, see Voluntary departure warrant of removal, 8:241.2, 1241.2 withholding of removal, see Asylum and withholding

of removal requests for records and information, see Freedom of

Information Act; Privacy Act; Records and informa-tion, subhead: Public access to records

research scholars and institutions American institutions of research, listing, 8:316.20(a) exchange visitor program, 22:62.20

short-term scholars, 22:62.21 fees, exemption from H-1B additional fee,

8:214.2(h)(iii)(C) prevailing-wage determinations, 20:656.40(e)

responsible officers, see J visas retaliation

by H-1B, H-1B1, or E-3 employers, 20:655.801 returning residents

waiver of required document upon entry, 8:211.4, 1211.4

review, see Appeal and review revocation of visas, see Visas

S S visas (witnesses)

adjustment of status, see Adjustment of status admission, documentary requirements, 8:212.1(m),

1212.1(m) advance parole, 8:245.11(f), 1245.11(f) application for exercise of discretion under

§212(d)(1), 8:212.4(j), 1212.4(j) asylum and withholding applicants ineligible to pro-

ceedings under INA §240, 8:208.2(c)(1)(vi), 1208.2(c)(1)(vi)

change of classification, 8:214.2(t)(12) change of status, special provisions, 8:248.3(h) classification and requirements, 8:214.2(t), 22:41.83 employment, 8:214.2(t)(10) parole determinations, 8:212.14, 1212.14 removal of S-5, S-6, and S-7 nonimmigrants, 8:236.4,

1236.4 spouses and children, 8:214.2(t)(3)

sanctions, penalties, and fines aircraft and vessels, see Common carriers attorney sanctions, see Attorneys and representatives crewmembers performing longshore work, violations

of attestation requirements, 20:655.620 criminal penalties

Social Security, false information regarding earnings records or wrongful use of SSNs, 20:422.108

document fraud, 8:270.3, 1270.3 exchange visitor program, 22:62.50, 62.79 H-1A nurses, violations of attestation rules,

20:655.410

INDEX special immigrants

[2010 Edition] 1039

H-1C nurses, violations of attestation rules, 20:655.1210

inflation adjustment, 8:280.52, 1280.52 mitigation or remission of fines, 8:280.5, 280.51,

1280.5, 1280.51 notice of intent to fine (NOIF)

administrative procedures not exclusive, 8:280.1, 1280.1

answer and request, 8:280.12, 1280.12 order for interview, 8:280.12, 1280.12 procedures, 8:280.11–280.15, 1280.11–1280.15

payment of fines, 8:280.52, 1280.52 Privacy Act, 6:5.35 program fraud civil remedies, 6:13.1–13.47 seizure and forfeiture of conveyances, 8:274.1–274.2 transportation lines, see Common carriers unlawful employment, 8:274a.10, 1274a.10 visa ineligibility for aliens subject to civil penalty,

22:40.66 SAVE (DHS Systematic Alien Verification for Entitle-

ments system) definition, 6:37.3, 37.13(b)(1), 37.21, 37.25

savings clause of INA Amendments of 1976, 8:204.7 Schedule A, see Labor certification scholars, see Research scholars schools, post-secondary, see Colleges and universities;

F visas; J visas; M visas; Teachers, college and uni-versity

schools, primary and secondary approval of schools for enrollment of F and M stu-

dents, 8:214.3 denial of certification or recertification, 8:214.4 enrollment in SEVIS, 8:214.12 students, see F visas; J visas; M visas teachers, see Teachers, primary and secondary

scientists see also Research scholars and institutions; Teachers,

college and university; specific types of visas from Baltic states and Commonwealth of Independent

States, 8:204.10 SEACATS (Seized Assets and Case Tracking System)

FOIA exemption, 6:Apdx C (Pt. 5) §24 seamen, see Crewmembers (D visas) seaports in U.S., 20:Apdx A (Pt. 655 Subpt. F) seasonal nature

defined, 20.655.103(d) security

see also Admission and admissibility; Classified in-formation

investigations relating to applications for immigration relief, protection, or restriction on removal, 8:1003.47

state DMVs and license and ID-card production facili-ties, 6:37.41–37.45

SEVIS (Student & Exchange Visitor Information System)

academic training, 22:62.73 approval and enrollment of schools, see Colleges and

universities; Schools, primary and secondary exemption from FOIA, 6:Apdx C (Pt. 5) §10 extension of program participation, 22:62.75 fees, 8:214.2(j)(5), 214.2(m)(20), 214.13 mandatory requirement, 8:214.2(j)(1)(vii) reinstatement, 22:62.77 reporting requirements, 8:214.2(f)(6)(E),

214.2(m)(9)(vi)(B), 22:62.70 sanctions, 22:62.79 staffing and support services, 22:62.72 student employment, 22:62.74 termination, 22:62.78 transfer procedures, 22:62.76

sheepherders labor certification, 20:656.16

siblings immigrant visas, see Family-sponsored immigration

smugglers inadmissibility, 22:40.65

“snitch” visa, see S visas Social Security benefits

definition of “lawfully present” for purposes of apply-ing for benefits, 8:103.12

Social Security numbers, 20:422.101–422.110 application for, 20:422.103(b) assignment of, 20:422.103(c), 422.104 changing record, 20:422.110 for REAL ID driver’s licenses and identification

cards, 6:37.11(c), 37.13(b)(2) replacements, 20:422.103(e) use and collection of, 6:5.33

Soviet and Indochinese parolees 1990 Foreign Operations Appropriations Act

adjustment of status, 8:245.7, 1245.7 Spain

deserters of Spanish ships of war, 8:252.5 implementation of Treaty of Friendship, 28:0.109

special agricultural workers (SAWs) adjustment of status, 8:210.5 definitions, 8:210.1 eligibility, 8:210.3 status and benefits, 8:210.4 temporary resident status

application for, 8:210.2 termination of, 8:210.4(d)

special immigrant juveniles definitions, 8:204.11(a) entitlement to status, 22:42.(d)(6) general requirements, 8:204.11

special immigrants, see Armed Forces of the U.S.; Broadcasting Board of Governors; EB-4 visas; G vi-sas; NATO; Panama Canal employees; Physicians;

state workforce agency (SWA) CODE OF FEDERAL REGULATIONS


Religious workers; Special immigrant juveniles; Terrorists and terrorism

state workforce agency (SWA) defined, 20:655.4, 655.103(b), 655.715, 656.3

states see also Driver’s licenses and identification cards;

Unemployment insurance H-1A nurses

state plans for recruitment and retention, 20:655.315 stowaways

asylum and withholding applicants, 8:241.11(d) duty owed aliens upon request, 8:208.5(b), 1208.5(b) ineligible to proceedings under INA §240,

8:208.2(c)(1)(ii), 1208.2(c)(1)(ii) credible-fear determinations, 8:208.30, 1208.30 detention and removal, 8:241.11 Northern Mariana Islands (CNMI) nationals,

8:208.30(a) & (e)(2) visa ineligibility, 22:40.64

strikes defined, 20.655.103(b) effect on H visas, 8:214.2(h)(17) effect on H-1B and H-1B1 LCAs, 20:655.733 effect on O visas, 8:214.2(o)(14) effect on P visas, 8:214.2(p)(16) effect on TN visas, 8:214.6(k) H-1C attestations, “no strike/lockout or layoff”,

20:655.1115 intracompany transferees, denial of status to Canadi-

ans and Mexicans in case of labor disputes, 8:214.2(l)(18)

Student & Exchange Visitor Information System, see SEVIS

students see also F visas; J visas; M visas regulations to be drafted and delivered to DOS,

22:65.1–65.5 subpoenas

ALJ rules of practice and procedure, 28:68.25 DHS, litigation with, 6:5.42, 5.43

classified information, 6:7.13 field officers, power and duties, 8:287.4, 1287.4 immigration court rules of procedure, 8:1003.35 program fraud civil sanctions action, 6:13.25–13.27

substitutions labor certifications, see Labor certification

successor in interest defined, 20.655.103(b)

summer work travel program, 22:62.32 Syrian adjustment, 8:245.20, 1245.20 Systematic Alien Verification for Entitlements sys-

tem, see SAVE

T T visas (victims of trafficking in persons)

adjustment of status, see Adjustment of status admission, documentary requirements for T-2 to T-4,

8:212.1(o), 1212.1(o) advance parole, 8:245.23(j) application procedures, 8:214.11(d), 214.11(k)

aliens in pending proceedings, 8:214.11(d)(8), 1214.2(a)

denial, 8:214.11(r) review and decision, 8:214.11(l)

de novo review, 8:214.11(q) definitions, 8:214.11(a) dissemination of information, 8:214.11(e) duration of status, 8:214.11(p) eligibility and validity, 8:214.11(b)–(c), 22:41.84 evidence, 8:214.11(f), 214.11(i) family members of T-1, 8:214.11(o) law enforcement, compliance with requests by,

8:214.11(h) numerical restrictions, 8:214.11(m) physical presence, 8:214.11(g) referral by government, 8:214.11(v) removal without revocation, 8:214.11(t) revocation of status, 8:214.11(s) stay of final removal order, 8:214.11(k)(4), 1214.2(b) waivers, 8:212.16, 1212.16

in connection with adjustment application, 8:212.18 teachers, college and university

see also EB-1 visas (priority workers) exchange visitor program, 22:62.20 labor certification, optional recruiting and documenta-

tion procedures, 20:656.18 prevailing-wage determinations, 20:656.40(e)

teachers, primary and secondary exchange visitor program, 22:62.24

TECS (f/k/a Treasury Enforcement Comm. System) FOIA exemptions, 6:Apdx C (Pt. 5) §22

telephonic or video hearings, 8:1003.25(c) temporary agricultural labor certification, see H-2A

visas temporary or seasonal nature

defined, 20.655.103(d) temporary protected status (TPS), 8:244.1–244.20,

1244.1–1244.20 annual registration, 8:244.17, 1244.17 appeal to BIA, 8:244.11, 1244.11 appearance, 8:244.8, 1244.8 application, 8:244.6, 244.7, 1244.6, 1244.7 charging documents, issuance of, 8:244.18, 1244.18

INDEX U visas (victims of crimes)

[2010 Edition] 1041

confidentiality, 8:244.16, 1244.16 definitions, 8:244.1, 1244.1 detention, 8:244.18, 1244.18 eligibility, 8:244.2, 244.4, 1244.2, 1244.4 employment authorization, 8:244.12, 1244.12 inadmissibility grounds, applicability of, 8:244.3,

1244.3 renewal of application, 8:244.11, 1244.11 temporary treatment benefits, 8:244.5, 1244.5

termination, 8:244.13, 1244.13 travel abroad, 8:244.15, 1244.15 withdrawal of TPS, 8:244.14, 1244.14

Temporary Worker Visa Exit Program, 8:215.9 temporary workers

see also specific visa types DOL regulations, generally, 20:655.0–655.1260

termination of status, 8:214.1(d) territories and possessions of U.S.

areas under U.S. administration but not within “U.S.,” entry into, 22:40.3

defined, 8:214.7(a), 214.14(a)(11), 286.1(i), 20:655.4, 655.103(l)(1)

departure controls, 8:215.6, 1215.6 Freely Associated States (FAS)

documentary requirements and exceptions, 8:212.1(d), 1212.1(d), 22:41.2(h)

Guam admissions in, 8:101.1(i), 212.1(e), 1101.1(i),

1212.1(e) H-2B temporary nonagricultural workers,

8:214.2(h)(6)(v), 20:655.2 Guam-CNMI Visa Waiver Program, see Visa Waiver

Program “habitual residence”, 8:214.7 immigrants entering from GU, PR, or VI, 22:42.1(c) Northern Mariana Islanders, see Northern Mariana Is-

lands (CNMI) preinspection, 8:235.5(a), 1235.5(a)

terrorists and terrorism 9/11 victims

special immigrant status, 22:42.32(d)(9) admission, application for exercise of discretion under

§212(d)(3)(B), 8:212.4(b), 1212.4(b) removal procedures

protection under Convention Against Torture, 28:200.1

therapists see also Physical therapists adjustment of status for health care workers, see Ad-

justment of status certification and credentialing, 8:212.15, 1212.15

TN visas, see NAFTA Torture Convention, see Convention Against Torture totalitarian party, membership in

see also Communists naturalization ineligibility, 8:313.1–313.4, 316.11(c)

visa ineligibility, 22:40.34 TRACS (Technical Reconciliation Analysis Classifi-

cation) system of records FOIA exemption, 6:Apdx C (Pt. 5) §42

trafficking victims, see T visas transit, aliens in, see C visas (aliens in transit); TWOV

(transit without visa) transition program effective date

defined, 8:1.1(bb), 1001.1(bb) transportation lines, see Common carriers travel

see also Advance parole; Reentry permits; Visa Waiv-er Program (VWP); specific headings

detained aliens, 8:241.4(g) electronic systems, FOIA exemptions

APIS (Advanced Passenger Information System), 6:Apdx C (Pt. 5) §12

DHS/NPPD/US-VISIT Arrival and Departure Infor-mation system of records, 6:Apdx C (Pt. 5) §41

DHS/USCG Notice of Arrival and Departure system, 6:Apdx C (Pt. 5) §34

ESTA (Electronic System for Travel Authorization), 6:Apdx C (Pt. 5) §20

Family Unity Program beneficiary, 8:236.16, 245a.35 special agricultural workers, 8:210.4(b) TPS-granted aliens, 8:244.15, 1244.15 by V nonimmigrants, 8:214.15(i)

TTAR (Trade Transparency Analysis and Research) System records

exemption from FOIA, 6:Apdx C (Pt. 5) §14 TWOV (transit without visa)

exception from requirement to have visa and passport, 22:41.2(i)

two-year foreign-residence requirement, 22:41.62(c), 41.63

visa ineligibility for certain former exchange visitors, 22:40.202, 41.53(f), 41.54(g)

waivers, 8:212.7(e), 1212.7(e), 22:41.63

U U visas (victims of crimes)

adjustment of status, see Adjustment of status admission, documentary requirements, 8:212.1(p),

1212.1(p) advance parole, 8:245.24(j) application procedures, 8:214.14(c) definitions, 8:214.14(a) disclosure of information, 8:214.14(e) eligibility, 8:214.14(b) family members, admission of, 8:214.14(f) numerical restrictions, 8:214.14(d) removal proceedings, 8:214.14(i) revocation of approved petitions, 8:214.14(h) waivers, 8:212.17

unauthorized stay CODE OF FEDERAL REGULATIONS


unauthorized stay visa ineligibility for violation of INA §222(g),

22:40.68 unemployment insurance

quality control, 20:602.1–602.43 federal requirements, 20:602.10–602.11 federal responsibilities, 20:602.30–602.31 standard for claim, 20:Apdx A (Pt. 602) state grants, 20:602.40–602.43 state responsibilities, 20:602.20–602.22

unfair immigration-related employment practices, 28:44.100–44.305

definitions, 28:44.101 DOJ Office of Special Counsel, 28:0.53 enforcement procedures, 28:44.300–44.305 hearings, ALJ procedural rules, 28:68.1–68.58


amicus briefs, 28:68.17 appearances, 28:68.37 complaint filing, 28:68.3–68.9 conferences, 28:68.13 consent filing or dismissal, 28:68.14 consolidation of hearings, 28:68.16 continuances, 28:68.27 definitions, 28:68.2 depositions, use of at hearing, 28:68.24 evidence, 28:68.39–68.50 ex parte communications, 28:68.36 final order, 28:68.52 formal hearings, 28:68.39 intervenors, 28:68.15 judicial review, 28:68.57 motions, 28:68.10–68.11, 68.38 participation of parties and representation, 28:68.33 prehearing statements, 28:68.12 separation of functions, 28:68.31 standards of conduct, 28:68.35 subpoenas, 28:68.25

prohibited practices, 28:44.200 United Nations

aliens in transit to (C visas), 22:41.71(b) International Organizations Immunity Act designa-

tion, 8:316.20(c) as public international organization of which U.S. is a

member, 8:316.20(b), 319.5 United States

see also Territories and possessions of U.S. defined, 8:214.11(a), 286.1(k), 20.655.103(b),

22:51.1(j)

universities, see Colleges and universities; F visas; J visas; Teachers, college and university

unlawful employment continuing employment of unauthorized aliens,

8:274a.3 enforcement, 8:274a.9, 1274a.9 good-faith defense, 8:274a.4 hearings, ALJ procedural rules, 28:68.1–68.58


amicus briefs, 28:68.17 appearances, 28:68.37 complaint filing, 28:68.3–68.9 conferences, 28:68.13 consent filing or dismissal, 28:68.14 consolidation of hearings, 28:68.16 continuances, 28:68.27 definitions, 28:68.2 depositions, use of at hearing, 28:68.24 evidence, 28:68.39–68.50 ex parte communications, 28:68.36 final order, 28:68.52

review of, 28:68.54 formal hearings, 28:68.39 interlocutory orders, review of, 28:68.53 judicial review, 28:68.56 motions, 28:68.10–68.11, 68.38 participation of parties and representation, 28:68.33 prehearing statements, 28:68.12 referral of case to Attorney General, 28:68.55 separation of functions, 28:68.31 standards of conduct, 28:68.35 subpoenas, 28:68.25

indemnity bonds, prohibition of, 8:274a.8 labor contracts, 8:274a.5 penalties, 8:274a.9, 1274a.9 pre-enactment provisions for employees hired before

11/7/86 (or CNMI transition program effective date), 8:274a.7

state employment agencies, 8:274a.6 verification of employment authorization

definitions, 8:274a.1, 1274a.1 I-9 form and verification requirements, generally,

8:274a.2 Social Security numbers, presumption of authority,

20:422.105 unlawful presence

basis for inadmissibility, 22:40.92 LIFE Act and LIFE Act Amendments, 8:245a.15,

245a.34 Social Security benefits

definition of “lawfully present” for purposes of apply-ing, 8:103.12

V nonimmigrants, 8:214.15(i)(3)

INDEX waivers

[2010 Edition] 1043

U.S. Citizenship and Immigration Services (USCIS), see Department of Homeland Security (DHS)

U.S. worker, defined, 20.655.103(b)

V V visas (spouses and children of LPRs awaiting ad-

justment) classification and requirements, 8:214.15, 22:41.86 employment authorization, 8:214.15(h) naturalization, 8:214.15(k) period of admission, 8:214.15(g) removal proceedings, aliens in, 8:214.15(l), 1214.3 termination of status, 8:214.15(j) travel abroad, 8:214.15(i) unlawful presence, 8:214.15(i)(3)

verification of employment authorization, see Unlaw-ful employment

vessels, see Common carriers; Crewmembers video hearings, 8:1003.25(c) Vietnamese

adjustment, see Adjustment of status Virgin Islanders, see Citizenship and nationality; Terri-

tories and possessions of U.S. Visa Waiver Program (VWP)

asylum and withholding applicants ineligible to pro-ceedings under INA §240, 8:208.2(c)(1)(iii)–(iv), 1208.2(c)(1)(iii)–(iv)

carrier agreements, 8:217.6 definitions, 8:217.2(a) designated counties, 8:217.2(a) electronic data transmission requirement, 8:217.7 Electronic System for Travel Authorization (ESTA),

8:217.5 eligibility, 8:217.2 exception from requirement to have visa and passport,

8:212.1(i), 1212.1(i), 22:41.2(l) Guam-CNMI Visa Waiver Program, 8:212.1(q),

1212.1(q) agreements between transportation lines and DHS,

8:233.5, 233.6 inadmissibility and deportability, 8:217.4 maintenance of status, 8:217.3 scope, 8:217.1

visas see also Admission and admissibility; Family-

sponsored immigration; specific type of visa applications

for immigrant visas, 22:42.61–42.68 for nonimmigrant visas, 22:41.101–41.108

authority to issue NIVs, 22:41.111 change of status, see Change of status (NIVs) classification symbols (table)

immigrant visas, 22:42.11 nonimmigrant visas, 8:214.1(a)(2), 22:41.12

definitions, 22:40.1, 41.0

DOS regulations, generally, 22:40.1–40.301 expiration of immigrant visas, 8:211.3 extension of NIV validity at ports of entry,

22:41.112(d) failure to comply with INA on application, 22:40.201 fees, see Fees immigrant visa petitions, 8:204.1–204.13

see also Family-sponsored immigration; specific visa types

ineligibility grounds, see Admission and admissibility issuance procedures

immigrant visas, 22:42.41–42.43, 42.71–42.74 nonimmigrant visas, 22:41.113

refusal, basis for and procedures, 22:40.6, 41.121(a)–(b), 42.81

replacement visas, 22:42.74 revocation

of approved immigrant petitions, 8:205.1, 205.2, 1205.1, 1205.2

grounds and procedure, 22:41.122, 42.82 termination of registration, 22:42.83 validity

of immigrant visas, 22:42.72 of nonimmigrant visas, 22:41.112

vocational students, see M visas voluntary departure (VD)

authority of DHS, 8:240.25 authority of EOIR, 8:1240.26 Family Unity Program, 8:236.15 juveniles, 8:236.3(g), 1236.3(g) nationals of countries for which extended voluntary

departure has been made available adjustment under IRCA legalization, 8:245a.4

pre–April 1, 1997 hearings, 8:1240.55–1240.58 removal proceedings, VD applications during,

8:1240.11(b) voting unlawfully

visa ineligibility, 22:40.104

W wage requirement

LCAs for H-1Bs, H-1B1s, and E-3s, 20:655.731 wages

defined, 20.655.103(b) waivers, 8:212.7, 1212.7

see also Admission and admissibility; specific head-ings

INA §212(c) relief, see INA §212(c) relief INA §212(d)(1) and (3), application for exercise of

discretion, 8:212.4, 1212.4 INA §212(h) waivers, 8:249.1–249.3, 1249.1–1249.3 INA §212(k) waivers, 8:212.10, 1212.10 national interest waivers, see EB-2 visas procedure and effect, 8:212.7(a) refugees, 8:207.3, 1207.3

well-founded fear of persecution CODE OF FEDERAL REGULATIONS


termination of application for lack of prosecution, 8:212.7(a)(2), 1212.7(a)(2)

of two-year home-country physical presence require-ment, 8:212.7(e), 1212.7(e), 22:41.63

of visa requirement for immigrants, 8:211.1(b) for returning residents, 8:211.4, 1211.4

well-founded fear of persecution, see Asylum and withholding of removal

widows and widowers immigrant petitions, see Family-sponsored immigra-

tion

withholding of removal, see Asylum and withholding of removal

witnesses see also S visas program fraud civil sanctions action, 6:13.33

work contract defined, 20.655.103(b)

Z Zambrano class action, see LIFE Act and LIFE Act

Amendments

lib.store.yahoo.netlib.store.yahoo.net/lib/aila/CFR2010Index.pdf · admission and admissibility,...

Documents

Transcript of lib.store.yahoo.netlib.store.yahoo.net/lib/aila/CFR2010Index.pdf · admission and admissibility,...