(2) If a carrier does not comply with an agreement made under para-
graph (1) of this subsection, the Attorney General may end the agreement
on 5 days’ notice to the carrier.
(h) DENIAL OF WAIVERS.—Notwithstanding subsections (a)–(e) and (g)
of this section, the Attorney General and the Secretary jointly may—
(1) for any reason refuse to designate a foreign country that other-
wise may qualify for designation under this section; or
(2) rescind at any time a waiver or designation previously issued
under this section.
CHAPTER 23—CLASSIFICATIONS
SUBCHAPTER I—GENERAL
Sec.
2301.
Officials of governments of foreign countries.
2302.
Representatives to international organizations.
2303.
Visitors for business and pleasure.
2304.
Aliens in immediate and continuous transit.
2305.
Crewmembers.
2306.
Aliens entitled to enter for trade or investment.
2307.
Aliens entitled to enter for business activities at a professional level under certain trade
agreements.
2308.
Media representatives.
2309.
Aliens engaged to marry citizens.
2310.
Students in academic institutions and language training programs.
2311.
Students in nonacademic institutions.
2312.
Participants in programs designated by the Director of the United States Information
Agency.
2313.
Aliens employed temporarily in specialty occupations or as fashion models.
2314.
Temporary and seasonal agricultural employees.
2315.
Aliens performing labor or services for which United States workers are unavailable.
2316.
Aliens receiving training.
2317.
Intra-company transferees.
2318.
Aliens with extraordinary ability or with distinction in the arts, motion pictures, or tel-
evision.
2319.
Athletes and entertainers.
2320.
Participants in international exchange programs.
2321.
Aliens in religious occupations.
2322.
Participants in cooperative research, development, and coproduction projects.
2323.
Participants in special education programs.
2324.
Relatives of special immigrants.
2325.
Registered nurses.
2326
Aliens with information concerning criminal or terrorist organizations.
SUBCHAPTER II—SPECIAL REQUIREMENTS
2351.
Employer applications for aliens employed temporarily in specialty occupations or as
fashion models.
2352.
Advisory opinions for aliens with extraordinary ability or with distinction in the arts,
motion pictures, or television.
2353.
Advisory opinions for athletes and entertainers.
SUBCHAPTER I—GENERAL
§ 2301. Officials of governments of foreign countries
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1)(A) an ambassador, public minister, or career diplomatic or con-
sular officer accredited by a government of a foreign country recog-
nized de jure by the United States Government who is accepted by the
President or the Secretary of State; or
(B) a member of the immediate family of the ambassador, minister,
or officer;
(2) on a reciprocal basis—
(A) another official or employee accredited by a government of
a foreign country recognized de jure by the United States Govern-
ment who is accepted by the Secretary; or
(B) a member of the immediate family of the official or em-
ployee; or
(3) on a reciprocal basis—
(A) an attendant, servant, or personal employee of an alien de-
scribed in clause (1)(A) or (2)(A) of this section; or
(B) a member of the immediate family of the attendant, serv-
ant, or personal employee.
§ 2302. Representatives to international organizations
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1)(A) a designated principal resident representative of a government
of a foreign country to an international organization if the government
is recognized de jure by the United States Government and is a mem-
ber of the international organization; or
(B) a member of the immediate family of the representative;
(2)(A) an accredited resident member of the staff of a representative
described in clause (1)(A) of this section; or
(B) a member of the immediate family of the member;
(3)(A) an accredited representative (except a representative described
in clause (1)(A) of this section) of a government of a foreign country
to an international organization if the government is recognized de jure
by the United States Government and is a member of the international
organization; or
(B) a member of the immediate family of the representative;
(4)(A) an alien described in clause (1)(A), (2)(A), or (3)(A) of this
section, except that the government of the foreign country is not recog-
nized de jure by the United States Government or is not a member of
an international organization; or
(B) a member of the immediate family of the alien;
(5)(A) an officer or employee of an international organization; or
(B) a member of the immediate family of the officer or employee;
or
(6)(A) an attendant, servant, or personal employee of an alien de-
scribed in clause (1)(A), (2)(A), (3)(A), (4)(A), or (5)(A) of this sec-
tion; or
(B) a member of the immediate family of the attendant, servant, or
personal employee.
§ 2303. Visitors for business and pleasure
An alien is classifiable as a nonimmigrant under this section if the
alien—
(1) has a residence in a foreign country that the alien has no inten-
tion of abandoning; and
(2) is visiting the United States temporarily for business or pleasure
(except to study, to perform skilled or unskilled labor, or to work as
a representative of foreign information media).
§ 2304. Aliens in immediate and continuous transit
An alien is classifiable as a nonimmigrant under this section if the alien
is—
(1) in immediate and continuous transit through the United States;
or
(2) entitled to pass in transit between a foreign country and the
headquarters district of the United Nations under section 11(3), (4),
or (5) of the Agreement Between the United Nations and the United
States of America Regarding the Headquarters of the United Nations
(61 Stat. 761).
§ 2305. Crewmembers
(a) GENERAL.—(1) Except as provided in subsection (c) of this section,
an alien is classifiable as a nonimmigrant under this section if the alien—
(A) is a crewmember serving as a crewmember in a capacity required
for normal operation and service on a vessel (except a fishing vessel
having its home port or an operating base in the United States) or on
an aircraft; and
(B) intends to land temporarily and only as a crewmember and to
depart on a vessel or aircraft.
(2) Serving in a capacity required for normal operation and service on
a vessel under paragraph (1)(A) of this subsection includes performing
longshore work (as defined in section 2721(a) of this title) only to the ex-
tent provided in section 2723, 2724, or 2725 of this title.
(b) CREWMEMBERS OF FISHING VESSELS LANDING IN GUAM.—(1) Ex-
cept as provided in subsection (c) of this section, an alien is classifiable as
a nonimmigrant under this section if the alien—
(A) is a crewmember serving as a crewmember in any capacity re-
quired for normal operation and service on a fishing vessel having its
home port or an operating base in the United States; and
(B) intends to land in Guam temporarily and only as a crewmember
and to depart on the vessel on which the alien arrived.
(2) An alien is deemed to have departed from Guam under paragraph
(1)(B) of this subsection after leaving the territorial waters of Guam with-
out regard to whether the alien arrives in a foreign country before returning
to Guam.
(c) CREWMEMBERS EMPLOYED IN LABOR DISPUTES.—(1) An alien who
intends to land to perform service on a vessel of the United States (as de-
fined in section 2101 of title 46) or on an aircraft of an air carrier (as de-
fined in section 40102(a) of title 49) during a labor dispute in which there
is a strike or lockout of the bargaining unit of the employer in which the
alien intends to perform that service—
(A) is not entitled to the status of a nonimmigrant classified under
this section;
(B) may not be paroled into the United States under section 6123
of this title, unless the Attorney General decides that the parole of the
alien is necessary to protect the security of the United States; and
(C) is not a crewmember for purposes of section 2703(d) of this title.
(2) Paragraph (1) of this subsection does not apply to an alien if the air
carrier or owner or operator of the vessel employing the alien provides docu-
mentation that satisfies the Attorney General that the alien—
(A) has been employed by that employer for at least a one-year pe-
riod before the date that the strike or legal lockout began;
(B) has served as a qualified crewmember for that employer at least
once in each of 3 months during the 12-month period before that date;
and
(C) will continue to perform the same services that the alien provided
during the alien’s employment described in clause (B) of this para-
graph.
§ 2306. Aliens entitled to enter for trade or investment
(a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same
meaning given that term in Annex 1608 of the North American Free Trade
Agreement.
(b) ELIGIBILITY UNDER TREATY.—An alien is classifiable as a non-
immigrant under this section if the alien—
(1) is entitled to enter the United States under a treaty of commerce
and navigation between the United States Government and the govern-
ment of the foreign country of which the alien is a national only—