§ 214.1 Requirements for admission, extension, and maintenance of status.

15)(N)(i) N-8. 101(a)(15)(N)(ii) N-9. 101(a)(15)(O)(i) O-1. 101(a)(15)(O)(ii) O-2. 101(a)(15)(O)(iii) O-3. 101(a)(15)(P)(i) P-1. 101(a)(15)(P)(ii) P-2. 101(a)(15)(P)(iii) P-3. 101(a)(15)(P)(iv) P-4. 101(a)(15)(Q)(i) Q-1. 101(a)(15)(Q)(ii) Q-2. 101(a)(15)(Q)(iii) Q-3. 101(a)(15)(R)(i) R-1. 101(a)(15)(R)(ii) R-2. 101(a)(15)(S)(i) S-5. 101(a)(15)(S)(ii) S-6. 101(a)(15)(S) qualified family members S-7. 101(a)(15)(T)(i) T-1 101(a)(15)(T)(ii) T-2 101(a)(15)(T)(iii) T-3 101(a)(15)(T)(iv) T-4 101(a)(15)(T)(v) T-5 101(a)(15)(T)(vi) T-6 101(a)(15)(U)(i) U-1 101(a)(15)(U)(ii) U-2, U-3, U-4, U-5 101(a)(15)(V) V-1, V-2, or V-3 USMCA, Principal TN. USMCA, Dependent TD. Visa Waiver, Business WB. Visa Waiver, Tourist WT. Note 1: The classification designation K-2 is for the child of a K-1. The classification designation K-4 is for the child of a K-3. Note 2: The classification designation V-1 is for the spouse of a lawful permanent resident; the classification designation V-2 is for the principal beneficiary of an I-130 who is the child of an LPR; the classification V-3 is for the derivative child of a V-1 or V-2 alien. (3) General requirements. (i) Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States, must establish that he or she is admissible to the United States, or that any ground of inadmissibility has been waived under section 212(d)(3) of the Act. Upon application for admission, the alien must present a valid passport and valid visa unless either or both documents have been waived. A nonimmigrant alien's admission to the United States is conditioned on compliance with any inspection requirement in § 235.1(d) or of this chapter, as well as compliance with part 215, subpart B, of this chapter, if applicable

thorized nonimmigrant status, and to comply with the departure procedures at section 215.8 of this chapter if such procedures apply to the particular alien. The nonimmigrant alien's failure to comply with those departure requirements, including any requirement that the alien provide biometric identifiers, may constitute a failure of the alien to maintain the terms of his or her nonimmigrant status. (iii) At the time a nonimmigrant alien applies for admission or extension of stay, he or she must post a bond on Form I-352 in the sum of not less than $500, to ensure the maintenance of his or her nonimmigrant status and departure from the United States, if required to do so by the Commissioner of CBP, the Director of U.S. Citizenship and Immigration Services, an immigration judge, or the Board of Immigration Appeals. (b) Readmission of nonimmigrants under section 101(a)(15) (F), (J), (M), or (Q)(ii) to complete unexpired periods of previous admission or extension of stay —(1) Section 101(a)(15)(F). The inspecting immigration officer shall readmit for duration of status as defined in § 214.2(f)(5)(i), any nonimmigrant alien whose nonimmigrant visa is considered automatically revalidated pursuant to 22 CFR 41.112(d) and who is applying for readmission under section 101(a)(15)(F) of the Act, if the alien: (i) Is admissible; (ii) Is applying for readmission after an absence from the United States not exceeding thirty days solely in contiguous territory or adjacent islands; (iii) Is in possession of a valid passport unless exempt from the requirement for presentation of a passport; and (iv) Presents, or is the accompanying spouse or child of an alien who presents, an Arrival-Departure Record, Form I-94 (see § 1.4 of this chapter), issued to the alien in connection with the previous admission or stay, and either: (A) A properly endorsed Form I-20 or successor form if there has been no substantive change in the information on the student's most recent Form I-20 or successor form since the form was initially issued; or (B) A

f stay, the nonimmigrant status of an alien shall be terminated by the revocation of a waiver authorized on his or her behalf under section 212(d) (3) or (4) of the Act; by the introduction of a private bill to confer permanent resident status on such alien; or, pursuant to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons. (e) Employment. (1) A nonimmigrant in the United States in a class defined in section 101(a)(15)(B) of the Act as a temporary visitor for pleasure, or section 101(a)(15)(C) of the Act as an alien in transit through this country, may not engage in any employment, except as provided in paragraph (e)(3) of this section. Any other nonimmigrant in the United States may not engage in any employment unless the nonimmigrant has been accorded a nonimmigrant classification which authorizes employment or the nonimmigrant has been granted permission to engage in employment in accordance with the provisions of this chapter. (2) A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)(C)(i) of the Act. (3) A crewman, admitted in transit in the C-4 class or granted temporary landing in the D-3 class, who is performing ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade is not, for immigration purposes, performing services, work, labor, or employment within the United States. (f) False information. A condition of a nonimmigrant's admission and continued stay in the United States is the full and truthful disclosure of all information requested by DHS. A nonimmigrant's willful failure to provide full and truthful information requested by DHS (regardless of whether or not the information requested was material) constitutes a failure to maintain nonimmigrant status under section 237(a)(1)(C)(i) of the Act

1372. An educational agency or institution may not refuse to report information concerning an F or M nonimmigrant student or a J nonimmigrant exchange visitor that the educational agency or institution is required to report under 8 U.S.C. 1372 and § 214.3(g) (or any corresponding Department of State regulation concerning J nonimmigrants) on the basis of FERPA and any regulation implementing FERPA. The waiver of FERPA under this paragraph authorizes and requires an educational agency or institution to report information concerning an F, J or M nonimmigrant that would ordinarily be protected by FERPA, but only to the extent that 8 U.S.C. 1372 and § 214.3(g) (or any corresponding Department of State regulation concerning J nonimmigrants) requires the educational agency or institution to report information. (i) Employment in a health care occupation. (1) Except as provided in 8 CFR 212.15(n), any alien described in 8 CFR 212.15(a) who is coming to the United States to perform labor in a health care occupation described in 8 CFR 212.15(c) must obtain a certificate from a credentialing organization described in 8 CFR 212.15(e). The certificate or certified statement must be presented to the Department of Homeland Security in accordance with 8 CFR 212.15(d). In the alternative, an eligible alien seeking admission as a nurse may obtain a certified statement as provided in 8 CFR 212.15(h). (2) A TN nonimmigrant may establish that he or she is eligible for a waiver described at 8 CFR 212.15(n) by providing evidence that his or her initial admission as a TN (or TC) nonimmigrant health care worker occurred before September 23, 2003, and he or she was licensed and employed in the United States as a health care worker before September 23, 2003. Evidence may include, but is not limited to, copies of TN or TC approval notices, copies of Form I-94 Arrival/Departure Records, employment verification letters and/or pay-stubs or other employment records, and state health care worker licenses

worker occurred before September 23, 2003, and he or she was licensed and employed in the United States as a health care worker before September 23, 2003. Evidence may include, but is not limited to, copies of TN or TC approval notices, copies of Form I-94 Arrival/Departure Records, employment verification letters and/or pay-stubs or other employment records, and state health care worker licenses. (j) Extension of stay or change of status for health care worker. In the case of any alien admitted temporarily as a nonimmigrant under section 212(d)(3) of the Act and 8 CFR 212.15(n) for the primary purpose of the providing labor in a health care occupation described in 8 CFR 212.15(c), the petitioning employer may file an application or petition to extend the approval period for the alien's classification for the nonimmigrant status. If the alien is in the United States and is eligible for an extension of stay or change of status, the application or petition also serves as an application to extend the period of the alien's authorized stay or to change the alien's status. Although the application or petition may be approved, as it relates to the employer's request to classify the alien, the application for an extension of stay or change of status shall be denied if: (1) The petitioner or applicant fails to submit the certification required by 8 CFR 212.15(a) with the petition or application to extend the alien's stay or change the alien's status; or (2) The petition or application to extend the alien's stay or change the alien's status does include the certification required by 8 CFR 212.15(a), but the alien obtained the certification more than 1 year after the date of the alien's admission under section 212(d)(3) of the Act and 8 CFR 212.15(n)