[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR248.2]

[Page 602-603]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 248_CHANGE OF NONIMMIGRANT CLASSIFICATION--Table of Contents
 
Sec. 248.2  Ineligible classes.

    The following categories of aliens are not eligible to change their 
nonimmigrant status under section 248 of the Act:
    (a) Any alien in immediate and continuous transit through the United 
States without a visa;
    (b) Any alien classified as a nonimmigrant under section 101(a)(15) 
(C), (D), (K), or (S) of the Act;
    (c) Any alien admitted as a nonimmigrant under section 101(a)(15)(J) 
of the Act, or who acquired such status after admission in order to 
receive graduate medical education or training, whether or not the alien 
was subject to, received a waiver of, or fulfilled the two-year foreign 
residence requirement of section 212(e) of the Act. This restriction 
shall not apply when the alien is a foreign medical graduate who was 
granted a waiver under section 212(e)(iii) of the Act pursuant to a 
request made by a State Department of Public Health (or its equivalent) 
under

[[Page 603]]

Pub. L. 103-416, and the alien complies with the terms and conditions 
imposed on the waiver under section 214(k) of the Act and the 
implementing regulations at Sec. 212.7(c)(9) of this chapter. A foreign 
medical graduate who was granted a waiver under Pub. L. 103-416 and who 
does not fulfill the requisite 3-year employment contract or otherwise 
comply with the terms and conditions imposed on the waiver is ineligible 
to apply for change of status to any other nonimmigrant classification; 
and
    (d) Any alien classified as a nonimmigrant under section 
101(a)(15)(J) of the Act (other than an alien described in paragraph (c) 
of this section) who is subject to the foreign residence requirement of 
section 212(e) of the Act and who has not received a waiver of the 
residence requirement, except when the alien applies to change to a 
classification under section 101(a)(15)(A) or (G) of the Act.
    (e) Any alien admitted as a visitor under the visa waiver provisions 
of Sec. 212.1(e) of this chapter.
    (f) Any alien admitted as a Visa Waiver Pilot Program visitor under 
the provisions of section 217 of the Act and part 217 of this chapter.

[47 FR 44238, Oct. 7, 1982, as amended at 48 FR 41017, Sept. 13, 1983; 
52 FR 48084, Dec. 18, 1987; 53 FR 24903, June 30, 1988; 60 FR 26683, May 
18, 1995; 60 FR 44271, Aug. 25, 1995]