[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR45.5]

[Page 244-245]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 45--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER SECTION 124 OF PUBLIC LAW 101-649--Table of Contents
 
Sec. 45.5  Redetermination of admissibility if visa validity extended.

    (a) An alien to whom an immigrant visa is issued pursuant to this 
part who elects to have the validity of the visa extended as provided in 
Sec. 45.4 shall have his or her admissibility redetermined prior to 
actual travel to the United States as follows:
    (1) If the alien is the beneficiary of a petition to accord status 
under section 124 of Public Law 101-649 which was supported by a 
specific offer of employment from the petitioning entity, or is the 
spouse or child of such an alien, a redetermination of admissibility is 
required only if the anticipated date of actual application for 
admission for permanent residence is more than four

[[Page 245]]

months following the date of visa issuance;
    (2) If the alien is the beneficiary of a petition to accord status 
under section 124 of Public Law 101-649 which was supported by a general 
assurance from the petitioning entity that an appropriate job would be 
made available to the alien upon entry, or is the spouse or child of 
such an alien, a redetermination of admissibility is required whenever 
the alien proposes to apply for admission for permanent residence, 
whether within four months of the date of visa issuance or later.
    (b) When an alien to whom an immigrant visa is issued pursuant to 
this part elects to have the validity of the visa extended pursuant to 
paragraph (a) of this section, the consular officer shall notify the 
alien in writing of the requirement for a redetermination of 
admissibility as provided in paragraph (a) and shall endorse the visa 
``section 154 applies.'' Thereafter, the alien shall, not sooner than 
four months preceding the contemplated date of application for admission 
for permanent residence notify the appropriate consular officer of his 
or her intention to travel to the United States for this purpose. The 
consular officer shall thereupon schedule an appointment with such alien 
for the purpose of determining whether or not the alien remains 
admissible into the United States for permanent residence. If the 
consular officer determines that the alien continues to be so 
admissible, he or she shall issue to the alien a duplicate immigrant 
visa as provided in Sec. 45.6 of this part. If the consular officer 
determines that the alien has become inadmissible to the United States, 
he or she shall revoke the visa as provided in Sec. 42.82 of part 42 of 
this title.
    (c) An alien who elects to have the period of validity of his or her 
immigrant visa extended pursuant to Sec. 45.4 and whose entitlement to 
the immigrant classification of such visa was based upon his or her 
status as a child at the time of visa issuance shall not cease to be 
entitled to such visa by reason of attaining age twenty-one or marrying 
prior to his or her application for admission for permanent residence.
    (d) An alien who seeks a redetermination of admissibility pursuant 
to paragraph (a) of this section shall not be found to be admissible 
unless he or she:
    (1) Has continued to be employed by the petitioning entity in a 
qualifying position since issuance of the visa and presents a letter 
describing the specific qualifying employment the alien will take up 
upon admission for permanent residence; or
    (2) Is the spouse or child accompanying or following to join such an 
alien.
    (e) For the purposes of this section, ``qualifying position'' shall 
include both the position occupied by the alien at the time the petition 
in the alien's behalf was approved and any other position within the 
petitioning entity's organization, regardless of geographical location, 
which would otherwise meet the requirements for approval of such a 
petition in the alien's behalf. For the purposes of this section, 
qualifying employment shall mean any position in the United States of 
the kind required for approval of such a petition.

[56 FR 32506, July 17, 1991, as amended at 61 FR 1837, Jan. 24, 1996]