MATTES or Z AND B^ 

In SECTION 248: Proceedings 

A-11484435 

A-11484436 

Decided by AatUtant Cowmtttkmer November £S, 1959 

Change of nonimmigrant status, section 248 of 1952 act—Exchange visitor— 

Eligibility. 

Exchange visitor mar be.granted change in nonimmigrant classification under 

section 248 of 1962 act (other than as "H" nonimmigrant) but anch action 

will not constitute waiver of two-year foreign residence requirement 

BEFORE THE ASSISTANT COMMISSIONER 

Discussion: D Z -, a single male, aged 28, is a native and 

citizen of Italy who entered the United States February 16, 1957, 

at New York, New York, as an exchange visitor. Cr- R , 

a single male, age 26, a native and citizen of Italy, entered the 

United States at New York, New York, on January 4, 1968, as an 

exchange visitor. Both were admitted for the purpose of receiving further training as electronic engineers and both are continuing 

to maintain the status under which admitted. Each individual has 

applied for change of nonimmigrant status from exchange visitor to 

treaty merchant as denned by section 101(a) (16) (E). The cases 

have been certified to this office. 

The Olivetti Corporation of America is a Massachusetts corporation which is a substantially wholly-owned subsidiary of Ing. C. 

Olivetti and Co., S.P.A.t an Italian corporation which has its principal place of business in Ivrea, Italy. The principal business of 

this company is the importation of business machines manufactured 

in Italy by the parent company and selling such machines in the 

United States. The company operates a laboratory in New Canaan, 

Connecticut, which develops devices for adapting the machines for 

particular United States uses, .including demands made by the 

United States Navy, Army end Air Force. The laboratory is an 

essential factor in furthering the trade of the Italian company in 

the United States. Sales in this country amount to several million 

dollars per year. 

The applicants are to be employed by the Olivetti Corporation of 

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America in research and development work on an electronic coinputor which is a direct continuation of the training in electronics 

for which the applicants came to the United States. The company 

estimates that the research and development project in. which the 

applicants will be engaged will take approximately three years to 

complete. Upon completion of this project the applicants will return to Italy where the computer will be manufactured. 

A treaty of commerce and navigation exists between Italy and the 

United States. The applicants are nationals of Italy and seek to 

remain in the United States solely for the purpose of employment 

with a firm which carries on substantial trade between the United 

States and the foreign state of which they are nationals pursuant 

to that treaty. They have established that they intend in good 

faith to depart from the United States upon termination of their 

status. They will be employed by a Massachusetts corporation 

which is a substantially wholly-owned subsidiary of an Italian 

corporation. Consequently, they will be employed by a "foreign 

corporation" having their nationality {Matter of N S , 7 

I. & N. Dec. 426). The applicants possess special qualifications 

which make their services essential to the efficient operation of the 

employer's enterprise in that they are trained engineers, having a 

background of Italian residence and a complete knowledge of the 

Italian language, who can work interchangeably with the parent company or the subsidiary in the United States, The applicants, therefore, meet the requirements for classification as nonimmigrants under section 101(a) (15) (E). 

Under the provisions of section 248 of the Immigration and 

Nationality Act any alien lawfully admitted to the ..United States 

as a nonimmigrant, except an. alien classified as a nonimmigrant 

under section 101 (a) (15) (D) or 101(a) (16) (C) of the act, may 

apply to have his nonimmigrant classification changed to any other 

nonimmigrant classification for which he may be qualified, provided 

he is continuing to maintain the nonimmigrant status under which 

he was admitted. An alien who is classified as a nonimmigrant 

under section 101(a) (15) (C) and who is not within the purview of 

section 238(d) of ,tne act, may apply for a change to a classification under section 101(a) (15) (A) or section 101(a) (15) (G), but 

to no other classification. Therefore, there is no restriction in section: 248 of the act to the change of nonimmigrant classification 

sought here. 

Section 201(b) of the Act of January 27, 1948 (62 Stat. 6), as 

amended by the Act of June 4, 1956 (70 Stat. 241), provides that 

no alien admitted as an exchange visitor or acquiring exchange 

visitor status after admission shall be eligible to apply for an 

immigrant visa, or for a nonimmigrant visa under section 101(a) 

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(16) (H) of the Immigration and Nationality Act, or for adjustment of status to that of an alien lawfully admitted for permanent 

residence, until it is established that such person has resided and 

been physically present in a cooperating exchange country for an 

aggregate of at least two years following departure from the 

United States, or unless the foreign residence requirement is waived 

by the Attorney General. There is no provision in that section of 

law which would bar the change of nonimmigrant classification 

sought in these cases. If a change. to some nonimmigrant classification other than that under section 101(a) (15) (H) is granted, 

such action does not constitute a waiver of the foreign residence 

requirement If, at some later date, the alien desires to secure a 

nonimmigrant visa under section 101(a) (16) (H) or desires to 

change to that classification, or if he desires to become a lawful 

permanent resident, he.still will be required to comply with all 

provisions of section 201(b) of the Act of January 27, 1948, as 

amended. 

The applicants have presented evidence that they will engage in 

activities which constitute a direct continuation of the training for 

which they came to the United States. They have shown that if 

they are required to return1 to Italy now their training would be 

incomplete. They also state that the research and development 

work will take approximately three years, after which they will 

return to Italy. Under the circumstances outlined, we find that the 

applicants are hona fide nonimmigrants, and they will engage in 

activities which entitle them to the nonimmigrant classification 

sought. Their applications will be granted. 

Order: It is ordered that a change to a nonimmigrant classification under section 101(a) (16) (E) be granted in both cases. 

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