[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR212.1]

[Page 184-188]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF 
CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents
 
Sec.  212.1  Documentary requirements for nonimmigrants.

    A valid unexpired visa and an unexpired passport, valid for the 
period set forth in section 212(a)(26) of the Act, shall be presented by 
each arriving nonimmigrant alien except that the passport validity 
period for an applicant for admission who is a member of a class 
described in section 102 of the Act is not required to extend beyond the 
date of his application for admission if so admitted, and except as 
otherwise provided in the Act, this chapter, and for the following 
classes:
    (a) Citizens of Canada or Bermuda, Bahamian nationals or British 
subjects resident in certain islands--(1) Canadian citizens. A passport 
is not required except after a visit outside of the Western Hemisphere. 
A visa is not required.
    (2) Citizens of the British Overseas Territory of Bermuda. A 
passport is not required except after a visit outside of the Western 
Hemisphere. A visa is not required.
    (3) Bahamian nationals or British subjects resident in the Bahamas. 
A passport is required. A visa required of such an alien unless, prior 
to or at the time of embarkation for the United States on a vessel or 
aircraft, the alien satisfied the examining U.S. immigration officer at 
the Bahamas, that he or she is clearly and beyond a doubt entitled to 
admission, under section 212(a) of the Immigration and Nationality Act, 
in all other respects.
    (4) British subjects resident in the Cayman Islands or in the Turks 
and Caicos Islands. A passport is required. A visa is required of such 
an alien unless he or she arrives directly from the Cayman Islands or 
the Turks and Caicos Islands and presents a current certificate from the 
Clerk of Court of the Cayman Islands or the Turks and Caicos Islands 
indicating no criminal record.

[[Page 185]]

    (b) Certain Caribbean residents--(1) British, French, and 
Netherlands nationals, and nationals of certain adjacent islands of the 
Caribbean which are independent countries. A visa is not required of a 
British, French, or Netherlands national, or of a national of Barbados, 
Grenada, Jamaica, or Trinidad and Tobago, who has his or her residence 
in British, French, or Netherlands territory located in the adjacent 
islands of the Caribbean area, or in Barbados, Grenada, Jamaica, or 
Trinidad and Tobago, who:
    (i) Is proceeding to the United States as an agricultural worker;
    (ii) Is the beneficiary of a valid, unexpired indefinite 
certification granted by the Department of Labor for employment in the 
Virgin Islands of the United States and is proceeding to the Virgin 
Islands of the United States for such purpose, or
    (iii) Is the spouse or child of an alien described in paragraph 
(b)(1)(i) or (b)(1)(ii) of this section, and is accompanying or 
following to join him or her.
    (2) Nationals of the British Virgin Islands. A visa is not required 
of a national of the British Virgin Islands who has his or her residence 
in the British Virgin Islands, if:
    (i) The alien is seeking admission solely to visit the Virgin 
Islands of the United States; or
    (ii) At the time of embarking on an aircraft at St. Thomas, U.S. 
Virgin Islands, the alien meets each of the following requirements:
    (A) The alien is traveling to any other part of the United States by 
aircraft as a nonimmigrant visitor for business or pleasure (as 
described in section 101(a)(15)(B) of the Act);
    (B) The alien satisfies the examining U.S. Immigration officer at 
the port-of-entry that he or she is clearly and beyond a doubt entitled 
to admission in all other respects; and
    (C) The alien presents a current Certificate of Good Conduct issued 
by the Royal Virgin Islands Police Department indicating that he or she 
has no criminal record.
    (c) Mexican nationals. (1) A visa and a passport are not required of 
a Mexican national who:
    (i) Is in possession of a Form DSP-150, B-1/B-2 Visa and Border 
Crossing Card, containing a machine-readable biometric identifier, 
issued by the DOS and is applying for admission as a temporary visitor 
for business or pleasure from contiguous territory.
    (ii) Is a Mexican national entering solely for the purpose of 
applying for a Mexican passport or other official Mexican document at a 
Mexican consular office on the United States side of the border.
    (2) A visa shall not be required of a Mexican national who:
    (i) Is in possession of a Form DSP-150, with a biometric identifier, 
issued by the DOS, and a passport, and is applying for admission as a 
temporary visitor for business or pleasure from other than contiguous 
territory;
    (ii) Is a crew member employed on an aircraft belonging to a Mexican 
company owned carrier authorized to engage in commercial transportation 
into the United States; or
    (iii) Bears a Mexican diplomatic or official passport and who is a 
military or civilian official of the Federal Government of Mexico 
entering the United States for 6 months or less for a purpose other than 
on assignment as a permanent employee to an office of the Mexican 
Federal Government in the United States, and the official's spouse or 
any of the official's dependent family members under 19 years of age, 
bearing diplomatic or official passports, who are in the actual company 
of such official at the time of admission into the United States. This 
provision does not apply to the spouse or any of the official's family 
members classifiable under section 101(a)(15)(F) or (M) of the Act.
    (3) A Mexican national who presents a BCC at a POE must present the 
DOS-issued DSP-150 containing a machine-readable biometric identifier. 
The alien will not be permitted to cross the border into the United 
States unless the biometric identifier contained on the card matches the 
appropriate biometric characteristic of the alien.
    (4) Mexican nationals presenting a combination B-1/B-2 nonimmigrant 
visa and border crossing card (or similar stamp in a passport), issued 
by DOS

[[Page 186]]

prior to April 1, 1998, that does not contain a machine-readable 
biometric identifier, may be admitted on the basis of the nonimmigrant 
visa only, provided it has not expired and the alien remains admissible. 
A passport is also required.
    (5) Aliens entering pursuant to International Boundary and Water 
Commission Treaty. A visa and a passport are not required of an alien 
employed either directly or indirectly on the construction, operation, 
or maintenance of works in the United States undertaken in accordance 
with the treaty concluded on February 3, 1944, between the United States 
and Mexico regarding the functions of the International Boundary and 
Water Commission, and entering the United States temporarily in 
connection with such employment.
    (d) Citizens of the Freely Associated States, formerly Trust 
Territory of the Pacific Islands. Citizens of the Republic of the 
Marshall Islands and the Federated States of Micronesia may enter into, 
lawfully engage in employment, and establish residence in the United 
States and its territories and possessions without regard to paragraphs 
(14), (20) and (26) of section 212(a) of the Act pursuant to the terms 
of Pub. L. 99-239. Pending issuance by the aforementioned governments of 
travel documents to eligible citizens, travel documents previously 
issued by the Trust Territory of the Pacific Islands will continue to be 
accepted for purposes of identification and to establish eligibility for 
admission into the United States, its territories and possessions.
    (e) Aliens entering Guam pursuant to section 14 of Pub. L. 99-396, 
``Omnibus Territories Act.'' (1) A visa is not required of an alien who 
is a citizen of a country enumerated in paragraph (e)(3) of this section 
who:
    (i) Is classifiable as a vistor for business or pleasure;
    (ii) Is solely entering and staying on Guam for a period not to 
exceed fifteen days;
    (iii) Is in possession of a round-trip nonrefundable and 
nontransferable transportation ticket bearing a confirmed departure date 
not exceeding fifteen days from the date of admission to Guam;
    (iv) Is in possession of a completed and signed Visa Waiver 
Information Form (Form I-736);
    (v) Waives any right to review or appeal the immigration officer's 
determination of admissibility at the port of entry at Guam; and
    (vi) Waives any right to contest any action for deportation, other 
than on the basis of a request for asylum.
    (2) An alien is eligible for the waiver provision if all of the 
eligibility criteria in paragraph (e)(1) of this section have been met 
prior to embarkation and the alien is a citizen of a country that:
    (i) Has a visa refusal rate of 16.9% or less, or a country whose 
visa refusal rate exceeds 16.9% and has an established preinspection or 
preclearance program, pursuant to a bilateral agreement with the United 
States under which its citizens traveling to Guam without a valid United 
States visa are inspected by the Immigration and Naturalization Service 
prior to departure from that country;
    (ii) Is within geographical proximity to Guam, unless the country 
has a substantial volume of nonimmigrant admissions to Guam as 
determined by the Commissioner and extends reciprocal privileges to 
citizens of the United States;
    (iii) Is not designated by the Department of State as being of 
special humanitarian concern; and
    (iv) Poses no threat to the welfare, safety or security of the 
United States, its territories, or commonwealths.

Any potential threats to the welfare, safety, or security of the United 
States, its territories, or commonwealths will be dealt with on a 
country by country basis, and a determination by the Commissioner of the 
Immigration and Naturalization Service that a threat exists will result 
in the immediate deletion of that country from the listing in paragraph 
(e)(3) of this section.
    (3)(i) The following geographic areas meet the eligibility criteria 
as stated in paragraph (e)(2) of this section: Australia, Brunei, 
Indonesia, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, 
Republic of Korea, Singapore, Solomon Islands, Taiwan (residents thereof 
who begin their travel in

[[Page 187]]

Taiwan and who travel on direct flights from Taiwan to Guam without an 
intermediate layover or stop except that the flights may stop in a 
territory of the United States enroute), the United Kingdom (including 
the citizens of the colony of Hong Kong), Vanuatu, and Western Samoa. 
The provision that flights transporting residents of Taiwan to Guam may 
stop at a territory of the United States enroute may be rescinded 
whenever the number of inadmissible passengers arriving in Guam who have 
transited a territory of the United States enroute to Guam exceeds 20 
percent of all the inadmissible passengers arriving in Guam within any 
consecutive two-month period. Such rescission will be published in the 
Federal Register.
    (ii) For the purposes of this section, the term citizen of a country 
as used in 8 CFR 212.1(e)(1) when applied to Taiwan refers only to 
residents of Taiwan who are in possession of Taiwan National Identity 
Cards and a valid Taiwan passport with a valid re-entry permit issued by 
the Taiwan Ministry of Foreign Affairs. It does not refer to any other 
holder of a Taiwan passport or a passport issued by the People's 
Republic of China.
    (4) Admission under this section renders an alien ineligible for:
    (i) Adjustment of status to that of a temporary resident or, except 
under the provisions of section 245(i) of the Act, to that of a lawful 
permanent resident;
    (ii) Change of nonimmigrant status; or
    (iii) Extension of stay.
    (5) A transportation line bringing any alien to Guam pursuant to 
this section shall:
    (i) Enter into a contract on Form I-760, made by the Commissioner of 
the Immigration and Naturalization Service in behalf of the government;
    (ii) Transport only an alien who is a citizen and in possession of a 
valid passport of a country enumerated in paragraph (e)(3) of this 
section;
    (iii) Transport only an alien in possession of a round-trip, 
nontransferable transportation ticket:
    (A) Bearing a confirmed departure date not exceeding fifteen days 
from the date of admission to Guam,
    (B) Valid for a period of not less than one year,
    (C) Nonrefundable except in the country in which issued or in the 
country of the alien's nationality or residence,
    (D) Issued by a carrier which has entered into an agreement 
described in part (5)(i) of this section, and
    (E) Which the carrier will unconditionally honor when presented for 
return passage; and
    (iv) Transport only an alien in possession of a completed and signed 
Visa Waiver Information Form I-736.
    (f) Direct transits.
    (1)-(2) [Reserved]
    (3) Foreign government officials in transit. If an alien is of the 
class described in section 212(d)(8) of the Act, only a valid unexpired 
visa and a travel document valid for entry into a foreign country for at 
least 30 days from the date of admission to the United States are 
required.
    (g) Unforeseen emergency. A nonimmigrant seeking admission to the 
United States must present an unexpired visa and a passport valid for 
the amount of time set forth in section 212(a)(7)(B) of the Act or a 
valid biometric border crossing card, issued by the DOS on Form DSP-150, 
at the time of application for admission, unless the nonimmigrant 
satisfies the requirements described in one or more of the paragraphs 
(a) through (f),(i) or (o) of this section. Upon a nonimmigrant's 
application on Form I-193, Application for Waiver of Passport and/or 
Visa, a district director may, in the exercise of his or her discretion, 
on a case-by-case basis, waive the documentary requirements if satisfied 
that the nonimmigrant cannot present the required documents because of 
an unforeseen emergency. The district director or the Deputy 
Commissioner may at any time revoke a waiver previously authorized 
pursuant to this paragraph and notify the nonimmigrant in writing to 
that effect.
    (h) Nonimmigrant spouses, fianc[eacute]es, fianc[eacute]s, and 
children of U.S. citizens. Notwithstanding any of the provisions of this 
part, an alien seeking admission as a spouse, fianc[eacute]e, 
fianc[eacute], or child of a U.S. citizen, or as a child of the spouse, 
fian[eacute], or finac[eacute]e of a U.S. citizen, pursuant to section 
101(a)(15)(K)

[[Page 188]]

of the Act shall be in possession of an unexpired nonimmigrant visa 
issued by an American consular officer classifying the alien under that 
section, or be inadmissible under section 212(a)(7)(B) of the Act.
    (i) Visa Waiver Pilot Program. A visa is not required of any alien 
who is eligible to apply for admission to the United States as a Visa 
Waiver Pilot Program applicant pursuant to the provisions of section 217 
of the Act and part 217 of this chapter if such alien is a national of a 
country designated under the Visa Waiver Pilot Program, who seeks 
admission to the United States for a period of 90 days or less as a 
visitor for business or pleasure.
    (j) Officers authorized to act upon recommendations of United States 
consular officers for waiver of visa and passport requirements. All 
district directors, the officers in charge are authorized to act upon 
recommendations made by United States consular officers or by officers 
of the Visa Office, Department of State, pursuant to the provisions of 
22 CFR 41.7 for waiver of visa and passport requirements under the 
provisions of section 212(d)(4)(A) of the Act. The District Director at 
Washington, DC, has jurisdiction in such cases recommended to the 
Service at the seat of Government level by the Department of State. 
Neither an application nor fee are required if the concurrence in a 
passport or visa waiver is requested by a U.S. consular officer or by an 
officer of the Visa Office. The district director or the Deputy 
Commissioner, may at any time revoke a waiver previously authorized 
pursuant to this paragraph and notify the nonimmigrant alien in writing 
to that effect.
    (k) Cancellation of nonimmigrant visas by immigration officers. Upon 
receipt of advice from the Department of State that a nonimmigrant visa 
has been revoked or invalidated, and request by that Department for such 
action, immigration officers shall place an appropriate endorsement 
thereon.
    (l) Treaty traders and investors. Notwithstanding any of the 
provisions of this part, an alien seeking admission as a treaty trader 
or investor under the provisions of Chapter 16 of the North American 
Free Trade Agreement (NAFTA) pursuant to section 101(a)(15)(E) of the 
Act, shall be in possession of a nonimmigrant visa issued by an American 
consular officer classifying the alien under that section.
    (m) Aliens in S classification. Notwithstanding any of the 
provisions of this part, an alien seeking admission pursuant to section 
101(a)(15)(S) of the Act must be in possession of appropriate documents 
issued by a United States consular officer classifying the alien under 
that section.
    (n) Alien in Q-2 classification. Notwithstanding any of the 
provisions of this part, an alien seeking admission as a principal 
according to section 101(a)(15)(Q)(ii) of the Act must be in possession 
of a Certification Letter issued by the Department of State's Program 
Administrator documenting participation in the Irish peace process 
cultural and training programs.
    (o) Alien in T-2 through T-4 classification. Individuals seeking T-2 
through T-4 nonimmigrant status may avail themselves of the provisions 
of paragraph (g) of this section, except that the authority to waive 
documentary requirements resides with the Service Center.

(Secs. 103, 104, 212 of the Immigration and Nationality Act, as amended 
(8 U.S.C. 1103, 1104, 1132))

[26 FR 12066, Dec. 16, 1961]

    Editorial Note: For Federal Register citations affecting Sec.  
212.1, see the List of CFR Sections Affected, which appears in the 
Finding Aids section in the printed volume and on GPO Access.