B-1: An alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure. Enrollment in a course of study is prohibited. An alien who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay in B-1 or B-2 nonimmigrant status on or after such date, violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study. Such an alien who desires to enroll in a course of study must either obtain an F-1 or M-1 nonimmigrant visa from a consular officer abroad and seek readmission to the United States, or apply for and obtain a change of status under section 248 of the Act and 8 CFR part 248. The alien may not enroll in the course of study until the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has approved the alien’s application under part 248 of this chapter and changed the alien’s status to that of an F-1 or M-1 nonimmigrant. (Added 4/12/02; 67 FR 18062).


214b: Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15). An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 247(b). [INA ACT 214(b)]

a  

Immigration Classifications and Visa Categories, Bureau of Citizenship and Immigration Services, US Department of Homeland Security. Available at http://uscis.gov/graphics/services/visas.htm.

tional activities: F-class (“student”) and J-class (“exchange visitor”) visas for most graduate students, and J-class or, less often, H-1b (“specialty worker”) visas for postdoctoral scholars (see Box 2-1).3 Some graduate students and postdoctoral scholars are admitted on other types of visas, including O, J-2, TN, and EA visas.4 In addition, graduate students and

3  

The H-1b population, although important, is largely distinct from the graduate student and postdoctoral populations and is not a major focus of this report; see brief section in Chapter 3.

4  

Philip Chen, senior adviser to the Deputy Director for Intramural Research, National Institutes of Health, presentation to committee, October 12, 2004.



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