navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him: (i) solely to carry on substantial trade, including trade in services or trade in technology,7 principally between the United States and the foreign state of which he is a national; or (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital;

(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;

(G)(i)9 a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (59 Stat. 669), accredited resi

Section B of Annex 1603 of the Agreement, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the Agreement. For purposes of this section, the term "citizen of Mexico" means "citizen" as defined in Annex 1608 of the Agreement. For text of annex provisions referred to, see Appendix VI.B.

7 For list of foreign states with which the United States has a treaty of commerce and navigation, see Appendix VIII. C. The phrase ", including trade in services or trade in technology" was inserted by §204(a) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5019), effective October 1, 1991, under § 231 of such Act. §204(b) of such Act, shown in Appendix II.A.1., considers 2 foreign states (probably Australia and Sweden) to be described in subparagraph (E) if they extend reciprocal nonimmigrant treatment to nationals of the United States. Also, the Act of June 18, 1954 (68 Stat. 264; 8 U.S.C. 1184a), provides as follows: "That, upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section.". For 3-year provision providing off-campus work authorization for students under this subparagraph, see §221 of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5027), shown in Appendix II.A.1.

For provisions relating to change of status of 101(a)(15)(G) (i) or (ii) foreign government officials, see § 13 of the Act of September 11, 1957 (71 Stat. 642; 8 U.S.C. 1255b), contained in footnote 173 to section 245(a). Also see §702 of the Intelligence Authorization Act for Fiscal Year 1987 (Pub. L. 99-569) respecting the policy of the United States to restrict the number of nationals of the Soviet Union admitted to the United States to serve as members of the Soviet mission to the United Nations to the number of United States nationals serving as members of the United States mission to the United Nations. The International Organizations Immunities Act is shown in the note to section 288 of title 22, U.S. Code.

dent members of the staff of such representatives, and bers of his or their immediate family;

(ii) 9 other accredited representatives of such a foreig ernment to such international organizations, and the me of their immediate families;

(iii) an alien able to qualify under (i) or (ii) above for the fact that the government of which such alien is credited representative is not recognized de jure by the States, or that the government of which he is an accr representative is not a member of such international org tion, and the members of his immediate family;

(iv) officers, or employees of such international org tions, and the members of their immediate families;

(v) attendants, servants, and personal employees such representative, officer, or employee, and the memb the immediate families of such attendants, servants, an sonal employees;

(H) an alien (i) 10 (a) 11 who is coming temporarily United States to perform services as a registered nurs meets the qualifications described in section 212(m)(1 with respect to whom the Secretary of Labor determin certifies to the Attorney General that an unexpired attes is on file and in effect under section 212(m)(2) 12 for each ity (which facility shall include the petitioner and each site, other than a private household worksite, if the w is not the alien's employer or controlled by the employ which the alien will perform the services, or (b) 13 sub

10 The requirement, in the case of an H-1 nonimmigrant, that the alien have a res a foreign country which he has no intention of abandoning was removed, effective C 1991, by § 205(e) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 St For provision relating to entry of Canadian nonimmigrant professionals under H-1, se §937 of the National Defense Authorization Act, Fiscal Years 1990 and 1991 (Pub. L. Nov. 29, 1989) provides as follows:

SEC. 937. EXTENSION OF H-1 IMMIGRATION STATUS FOR C NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH AND DE MENT PROJECTS AND COPRODUCTION PROJECTS

The Attorney General shall provide for the extension through December 31, 1991 immigrant status under section 101(a)(15)(H)(i) of the Immigration and Nationali U.S.C. 1101(a)(15)(H)(i)) for an alien to perform temporarily services relating to a co research and development project or a coproduction project provided under a governme ernment agreement administered by the Secretary of Defense in the case of an alien had such status for a period of at least five years if such status has not expired as of of the enactment of this Act but would otherwise expire during 1989, 1990, or 1991, to the time limitations with respect to such status.

11 Subclause (a) of clause (i) was inserted by §3(a)(1) of the Immigration Nursing of 1989 (Pub. L. 101-238, Dec. 18, 1989), and applies, under §3(d) of such Act, to "cla petitions filed for nonimmigrant status only during the 5-year period beginning on (S 1, 1990] the first day of the 9th month beginning after the date of the enactment of §4 of the Immigration Amendments of 1988 (Pub. L. 100-658, Nov. 15, 1988), shown dix II.F., provided for an extension of H-1 status for certain registered nurses throug ber 31, 1989.

12 The phrase "for each facility" through the end of subclause (a) of clause (i) wa by § 162(1)(2)(A) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 St effective as if included in the enactment of the Immigration Nursing Relief Act of 1989. 13 § 205(c)(1) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 S amended subclause (b) of clause (i) in its entirety, effective October 1, 1991; previo date the subclause read as follows: "who is of distinguished merit and ability and who temporarily to the United States to perform services (other than services as a register of an exceptional nature requiring such merit and ability, and who, in the case of a of a medical school coming to the United States to perform services as a member of th profession, is coming pursuant to an invitation from a public or nonprofit private e

section 212(j)(2), who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 214(i)(1) or as a fashion model,14 who meets the requirements for the occupation specified in section 214(i)(2) or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 212(n)(1); or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121(g) of the Internal Revenue Code of 1954 and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporary or seasonal nature, or (b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment;15 and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him;

(I) upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative if accompanying or following to join him;

(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special

or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency".

14 References to fashion models were added by §207(b) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1741), effective April 1, 1992. 15 The phrase in a training program that is not designed primarily to provide productive employment" was inserted in subparagraph (H)(iii) by § 205(d) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5022), effective October 1, 1991, under § 231 of that Act.

skills, or receiving training and who, if he is coming t United States to participate in a program under which he receive graduate medical education or training, also meet requirements of section 212(j), and the alien spouse and r children of any such alien if accompanying him or followi join him;

(K) an alien who is the fiancée or fiancé of a citizen United States and who seeks to enter the United States s to conclude a valid marriage with the petitioner within n days after entry, and the minor children of such fianc fiancé accompanying him or following to join him;

(L) 16 an alien who, within 3 years preceding the tir his application for admission into the United States, has employed continuously for one year by a firm or corporati other legal entity or an affiliate or subsidiary thereof and seeks to enter the United States temporarily in order to tinue to render his services to the same employer or a su ary or affiliate thereof in a capacity that is managerial, e tive, or involves specialized knowledge, and the alien s and minor children of any such alien if accompanying hi following to join him;

(M)(i) an alien having a residence in a foreign co which he has no intention of abandoning who seeks to the United States temporarily and solely for the purpo pursuing a full course of study at an established vocation other recognized nonacademic institution (other than in guage training program) in the United States particularly ignated by him and approved by the Attorney General, consultation with the Secretary of Education, which instit shall have agreed to report to the Attorney General the t nation of attendance of each nonimmigrant nonacademic dent and if any such institution fails to make reports pro the approval shall be withdrawn, and (ii) the alien spouse minor children of any such alien if accompanying him o lowing to join him;

(N)(i) the parent of an alien accorded the status of s immigrant under paragraph (27)(I)(i), but only if and whil alien is a child, or (ii) a child of such parent or of an alie corded the status of a special immigrant under clause (ii) or (iv) of paragraph (27)(I);

(O) 17 an alien who

16 For clarification of treatment of certain international accounting firms under this s graph, see § 206(a) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat shown in Appendix II.A.1. The phrase "within 3 years preceding" was substituted for diately preceding" by $206(c) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 19 Stat. 5023), effective October 1, 1991.

17 Subparagraphs (O) and (P) were added by § 207(a)(3) of the Immigration Act of 19 101-649, Nov. 29, 1990, 104 Stat. 5023), effective October 1, 1991, under § 231 of that A section (b) of § 202 of the Miscellaneous and Technical Immigration and Naturalization ments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1737) provides as follows:

(b) REPORT. (1) By not later than October 1, 1994, the Comptroller General of the States shall submit to the Committees on the Judiciary of the Senate and of the House resentatives a report containing information relating to the admission of artists, enter athletes, and related support personnel as nonimmigrants under subparagraphs (O) an section 101(a)(15) of the Immigration and Nationality Act, and information on the laws, tions, and practices in effect in other countries that affect United States citizens and per

Co

(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability; or

(ii)(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,

(II) is an integral part of such actual performance,

(III)(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and

(IV) has a foreign residence which the alien has no intention of abandoning; or

(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;

(P) 17 an alien having a foreign residence which the alien has no intention of abandoning who

(i) 18 (a) is described in section 214(c)(4)(A) (relating to athletes), or (b) is described in section 214(c)(4)(B) (relating to entertainment groups);

(ii)(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and

(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or orga

resident aliens in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and aliens.

(2) Not later than 30 days after the date the Committee of the Judiciary on the Senate receives the report under paragraph (1), the Chairman of the Committee shall make the report available to interested parties and shall hold a hearing respecting the report. No later than 90 days after the date of receipt of the report, such Committee shall report to the Senate its findings and any legislation it deems appropriate.

18 Clause (i) was amended to read as shown by section 203(a) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1737), effective April 1, 1992.

NOTE.-See footnote 17 on previous page.