Inspector's Field Manual - Gani

Inspector's Field Manual 

INSPECTOR'S FIELD MANUAL (IFM) 

IMPORTANT NOTICE 

The following Operations Instructions are removed: 

OI 101(all), 103.1(e), 103.1(e-1), 103.1(f), 103.1(g), 208 (all), 211.1, 211.2, 211.5, 212.3, 212.8, 212.9, 212.10, 212.11, 212.12, 

215(all), 231(all), 233(all), 235(all, including appendixes), 236(all), 241(all), 242.1, 242.2(including appendix), 242.3, 242.4, 242.5, 

242.6(a) through (c), 242.7(a) through (c), 242.10, 242.12, 243.1(a), 243.3(c), 243.5, 244(all), 246(all), 251(all), 252(all except 252.5 and 

appendix to OI 252.5), 253(all), 289(all), and Appendices 212.1 and 212.8. 

OI Appendix 212.1 (six month list only) is redesignated as Appendix 15-2 of the IFM. OI Appendix 212.8 and 212.8(e), Exchange 

Visitors Skills List and amendments, have been updated and will appear as a separate handbook on this issue of INSERTS. 

Nothing in this manual shall be construed to create any substantive or procedural right or benefit that is legally enforceable 

by any party against the United States or its agencies or officers or any other person. 


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TABLE OF CONTENTS 

Chapter 1. Organization and Content of the Inspector's Field Manual. 

Chapter 2. Mission and Conduct of Inspections Officers. 

2.1 Mission Statement 

2.2 Authority 

2.3 Reporting Assaults 

2.4 The Inspector and the Public


2.5 Uniforms, Badges and Identification 

2.6 The Work Environment 

2.7 Reporting Unusual Incidents 

2.8 Hostage Situations 

2.9 Dealing with Attorneys and Other Representatives 

Chapter 3. The Organization of Inspections. 

3.1 The Chain of Command 

3.2 Job Duties of Positions within Inspections 

3.3 The National Inspections Advisory Board 

3.4 The User Fee Advisory Committee 

Chapter 4. Conducting Research. 

4.1 General Considerations 

4.2 Sources and Organization of Immigration Law 

4.3 Basic Research Methods 

4.4 Factual Research and Service Data Bases 

4.5 Uniform Subject Filing System 

I. Policies and Procedures: Application for Admission. Each chapter from 11 through 18 describes the policies 

and procedures peculiar to persons included in the chapter title. Other special topics discussed within each 

chapter are noted in the chapter descriptions. 

Chapter 11. Persons Exempt Inspection. 

11.1 Inspection and Examination 

11.2 Members of the U.S. and NATO Armed Forces 

11.3 American Indians Born in Canada 

Chapter 12. United States Citizens and Other Nationals. 

12.1 Inspection of Citizens 

12.2 Evidence of Citizenship 

12.3 Oral Testimony 

12.4 United States Passports 

12.5 United States Passport Waivers 

12.6 Other Documentary Evidence 

12.7 Loss of Citizenship 

12.8 Non-Citizen Nationals 

12.9 Northern Mariana Islanders 

12.10 Nationals of Former Trust Territories 

Chapter 13. Returning Residents. 

13.1 Inspection of Returning Lawful Permanent Residents (LPRs) 

13.2 Returning Residents Lacking Evidence of Alien Registration 

13.3 Returning Military Dependents 

13.4 Question of Meaningful Departure 

13.5 Returning Residents with SB-1 Visas 

13.6 Readmission of Temporary Residents 

13.7 Conditional Residents 

Chapter 14. New Immigrants. 

14.1 Inspecting New Immigrant Applicants 

14.2 Passport Requirements 

14.3 Inspection of Family Groups


14.4 Immigrant Admission Procedures 

14.5 Admission of Certain Immigrant Children without Immigrant Visas 

14.6 Conditional Residents 

14.7 Immigrant Commuters 

Chapter 15. Nonimmigrants and Border Crossers. 


15.2 Passports 

15.3 Visas 

15.4 Requirements and Procedures for Nonimmigrant Classes 

15.5 NAFTA Admissions 

15.6 Transit without Visa Admissions 

15.7 Visa Waiver Pilot Program 

15.8 Guam Visa Waiver Program 

15.9 Border Crossing Card (BCC) Admissions 

15.10 Entry of Nonimmigrant Workers during Labor Disputes 

15.11 Special Interest Aliens 

15.12 Correction of Erroneous Admissions 


15.14 Hong Kong Travel Documents 

Chapter 16. Special Classes. 

16.1 Parole 

16.2 Refugee Admissions 

16.3 Asylees and Asylum Applicants 

16.4 Temporary Protected Status (TPS) Cases 

Chapter 17. Inadmissible Aliens. 

17.1 Deferred Inspection 

17.2 Withdrawal of Application for Admission 

17.3 Fraudulent Documents 

17.4 False Claims to U.S. Citizenship 

17.5 Waivers 

17.6 Preparing Removal or Prosecution Hearings 

17.7 Temporary Inadmissibility under section 235(c) 

17.8 Detention of Aliens 

17.9 Medical Referrals 

17.10 Abandonment of Lawful Permanent Resident Status 

17.11 Asylum Claims 

17.12 Bonds 

17.13 Visa Waiver Pilot Program Cases 

17.14 Lookout Intercepts 

17.15 Expedited Removal 

17.16 Technical Notes 

Chapter 18. Prosecutions. 

18.1 General 

18.2 Criminal Offenses Under the INA 

18.3 Types of Arrest 

18.4 Arrest Authority 

18.5 Arrests Based on IBIS or National Crime Information Center 

(NCIC) Information 

18.6 Warrantless Searches and Seizures 

18.7 Degrees of Suspicion 

18.8 Procedures after the Arrest


18.9 Jurisdiction and Venue 

18.10 Case Presentation 

18.11 General Rules of Evidence 

18.12 Definitions 

II. Special Policies and Procedures for Land, Air, Sea, Preinspection and Preclearance Stations, Special 

Programs. Each chapter from 21 through 27 contains a discussion of policies and procedures specific to the type 

of inspection named in the chapter heading. Other special topics for each chapter are noted. 

Chapter 21. Land Border Inspection. 

21.1 Land Border Inspection Procedures 

21.2 Secondary Inspection 

21.3 Persons Arriving by Common Carrier 

21.4 Cross Designation 

21.5 Mexican Border Crossing Cards 

21.6 Canadian Border Crossing Cards 

21.7 Alternative Inspection Environments 

21.8 Use of Form I-94 

21.9 Commuters 

21.10 Facilities Inspections 

21.11 Emergency Procedures during Canadian Air Traffic 

Controller Strikes 

Chapter 22. Airport Procedures. 

22.1 General 

22.2 Inspection Systems 

22.3 Primary Inspection Procedures 

22.4 Secondary Referrals 

22.5 Inspection of Air Crewmembers 

22.6 Processing Arrival Manifests and Flight Logs 

22.7 Departure Manifest Procedures 

22.8 Progressive Clearance 

22.9 Emergency Procedures during Canadian Air Traffic Controller Strikes 

22.10 Inspection of International Transit Passengers 

Chapter 23. Seaport Inspection. 

23.1 General 

23.2 Exceptions to Inspection Requirements 

23.3 Inspecting Cargo Vessels 

23.4 Inspecting Cruise Ships 

23.5 Payoff and Discharge of Crewmembers 

23.6 Refusals 

23.7 Deserters and Abscondees 

23.8 Stowaways 

23.9 Mustering 

23.10 Revocation of Landing Permits 

23.11 Performance of Longshore Work by Crewmembers 

23.12 Parole of Alien Crewmembers 

23.13 Vessels Remaining beyond 29 Days 

23.14 Ship Intelligence Cards 

23.15 Departure Manifests 

23.16 United States-Based Fishing Vessels 

23.17 Vessels Serving on the Outer Continental Shelf (OCS) 

23.18 Asylum Claims by Vessel Crewmembers or Stowaways 

23.19 Special Interest Vessels


Chapter 24. Preinspection and Preclearance. 

24.1 General 

24.2 Foreign Preinspection and Preclearance Procedures 

24.3 Preinspection in Guam, Puerto Rico, and the U.S. Virgin Islands 

24.4 Emergency Procedures during Canadian Air Traffic 

Controller Strikes 

Chapter 25. Private Aircraft and Vessels. 

25.1 Canadian Small Boat Permit Program 

25.2 Procedures for Inspecting Private Aircraft 

25.3 Inspection of Private Vessels 

Chapter 26. Special Programs. 

26.1 INS Port Passenger Accelerated Service System 

(PORTPASS, DCL, APP SENTRI) 

26.2 Accelerated Citizen Examination (ACE) 

26.3 Advance Passenger Information System (APIS) 

26.4 Carrier Consultant Program (CCP) 

26.5 Inspections Response Teams (IRT) 

26.6 INS Passenger Accelerated Service System (INSPASS) 

26.7 Inspections Canine Program 

Chapter 27. Departure Controls. 

27.1 General 

27.2 Prevent Departure Procedures 

27.3 Aliens Seeking to Depart without Evidence of Compliance 

with Federal Income Tax Laws 

27.4 Protective Custody 

27.5 Verification of Departure 

27.6 Departure Controls at Guam, Puerto Rico and the U.S. 

Virgin Islands 

III. Support Services, Tools and Equipment. 

Chapter 31. Service Records. 

31.1 Introduction to Service Records Systems 

31.2 Systems Security Requirements 

31.3 Introduction to Service Automated Systems 

31.4 Service Lookout System 

31.5 Posting, Maintaining, and Cancellation of Lookouts 

31.6 Handling Lookout Intercepts 

31.7 Responding to Inquiries Concerning Lookout Records 

31.8 Regional Random Quality Review of INS Permanent 

Lookout Records 

Chapter 32. Intelligence Information and Forensic Document 

Analysis. 

32.1 INS Intelligence Program - General 

32.2 Intelligence Collection Requirements; Instructions for 

Completing an Intelligence Report (Forms G-392 and 

G-392A) 

32.3 The OASIS Database 

32.4 Headquarters INS Intelligence Bulletin Board


32.5 INS Forensic Document Laboratory 

32.6 EPIC Operations; Instructions for Completing Report 

Documented False Claim to Citizenship (Form G-329) 

32.7 Interpol 

Chapter 33. Multi-Agency Automated Systems. 

33.1 Interagency Border Inspection System (IBIS) 

33.2 National Crime Information Center (NCIC) 

33.3 National Law Enforcement Telecommunications System 

(NLETS) 

33.4 The California Law Enforcement Telecommunication 

System (CLETS) 

Chapter 34. Other Tools. 

34.1 General 

34.2 Firearms 

34.3 Ultra-Violet Viewing Equipment 

34.4 Magnifying Devices 

34.5 Photophones 

34.6 Admission Stamps and Security Ink 

IV. Management and Administrative Activities. 

Chapter 41. Liaison with Carriers, Port Authorities, Foreign 

Governments, Facilities Issues. 

41.1 Liaison with Federal Inspection Agencies 

41.2 International Border Liaison 

41.3 Liaison with International Air and Sea Carriers 

41.4 Liaison with Other Federal Agencies 

41.5 Liaison with Port Authorities; Inspectional Facilities 

Chapter 42. Transportation Agreements. 


42.2 Transit Agreements 

42.3 Visa Waiver Pilot Program Agreements 

42.4 Guam Visa Waiver Agreements 

42.5 Preinspection Agreements 

42.6 Contiguous Territory Agreements 

42.7 Landing Rights and Carrier Requirements 

42.8 Progressive Clearance 

Chapter 43. Fines and Liquidated Damages. 

43.1 General 

43.2 Administrative Fine Violations 

43.3 Processing Fines at Ports-of-Entry 

43.4 Special Situations: Contiguous Territory Arrivals, 

Stowaways 

43.5 Processing Fines at the National Fines Office (NFO) 

43.6 Processing Liquidated Damages at Ports-of-Entry 

43.7 Processing Liquidated Damages at the National Fines 

Office (NFO) 

43.8 Civil Document Fraud 

Chapter 44. Seizures.


44.1 Background 

44.2 Violations 

44.3 Probable Cause 

44.4 Seizure Justification 

44.5 Procedure 

44.6 Conveyance Appraisal 

44.7 Custody and Storage 

44.8 Notification 

44.9 Personal Interview 

44.10 Returns Prior to Forfeiture 

44.11 Procedure for Return 

44.12 Judicial Forfeiture 

44.13 Administrative Forfeiture 

44.14 Disposal 

44.15 Disposal by the United States Marshals Service 

Chapter 45. Bonds. 

45.1 General 

45.2 Posting a Bond 

45.3 Procedures for Acceptance of a Bond 

45.4 Control of Bonds 

45.5 Call up Procedures 

45.6 Transfer of Bonds 

45.7 Grounds for Cancellation of a Bond 

45.8 Procedures for Bond Cancellation 

45.9 Grounds for Breaching a Bond 

45.10 Procedures for Bond Breaches 

45.11 Designation of Attorney in Fact 

Chapter 46. Fees. 

46.1 General 

46.2 Cash Collection at Ports-of-Entry 

Chapter 47. Statistical Reporting. 

47.1 General 

47.2 Required Reports 

47.3 Port-of-entry Management System (POMS) 

47.4 Workforce Analysis Model (WAM) 

47.5 Performance Analysis System (PAS) 

Chapter 48. Inspectional Overtime. 

48.1 Overtime Policy 

48.2 Overtime Audits 

Appendices 

1-1Matrix of Field Manual Contents 

2-1 District/Sector Activity Report Sample Format 

3-1Sample Position Description: Immigration Inspector 

3-2Sample Position Description: Supervisory Immigration Inspector 

3-3 Sample Position Description: Port Director 

3-4Sample Position Description: Assistant District Director for Inspections 

3-5Sample Position Description: Immigration Inspector (Special Operations) 

3-6 Sample Position Description: Carrier Consultant 

3-7 Sample Position Description: Senior Immigration Inspector


3-8 Sample Position Description: Inspections Assistant 

3-9 Sample Position Description: Free Trade Examiner 

3-10 Sample Position Description: Assistant Chief Inspector 

13-1 Immigrant/Adjustment Classification Code Tables 

13-2 Nationality Code Tables 

14-1 Data Collection Manual Update 

15-1 Exchange Visitors Skills List 

15-2 Six-Month Passport Validity List 

15-3 Appendix 1603.A.1 to Annex 1603 of NAFTA 

15-4 Appendix 1603.D.1 to Annex 1603 of NAFTA 

15-5 List of Countries Needing Visas to Enter Canada 

15-6 Consular Post Conversion Dates to MRV Format 

15-7 Countries whose nationals are considered to have a "common nationality" with Canadians 

17-1 Deferred Inspection Office Hours 

17-2 Public Health Service Offices 

17-3 Flow Chart for Expedited Removal Cases 

18-1 Table of Offenses for Prosecutions 

18-2 Guidelines for Testifying in Court 

18-3 Definitions of Comonly Used Terms 

21-1 Mexican BCC Requirements 

21-2 Mexican BCC PRocessing Sheet 

22-1 INS-Customs Airport Cooperation MOU 

22-2 IATA Carrier Airline Codes 

26-1 APIS MOU 

31-1 Lookout Work Sheet 

31-2 Sample Letters: Responses to Inquiries about Lookout Postings 

31-3 State Department Lookout Inquiry Information Sheet 

31-4 Lookout Codes 

32-1 Available Intelligence Reports 

32-2 FDL Slide Programs 

32-3 Interpol Membereship List 

33-1 IBIS MOU 

42-1 TWOV Contract Carriers (I-426 Agreements) 

42-2 VWPP Contract Carriers (I-775 Agreements) 

42-3 In-Transit Lounge Agreements 

42-4 Preinspection Contract Carriers (I-425 Agreements) 

42-5 GVWP Contract Carriers (I-760 Agreements) 

43-1 Table of Fines 

43-2 Precedent Decisions Relating to Fines 

43-3 NFO Oral Argument Notice 

47-1 TWOV/In-Transit Report to HQINS 

48-1 Overtime Audit Handbook 

Transmittal Memorandums 

TM-1 Inspections Field Manual for INSERTS (Including cancellation of selected Operations Instructions) 

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hapter 1: Organization and Content of the Inspector's Field 

Manual 

Welcome to the Inspector's Field Manual (IFM). This manual is a comprehensive "how to" manual 

detailing official Service policies and procedures for all aspects of the Inspections Program. The IFM is intended 

to be used in concert with several other references: the Immigration and Nationality Act ("INA" or "Act"), Title 8 

of the Code of Federal Regulations (8 CFR), and the agency's Administrative Manual (AM), among others. Each 

of these other volumes contain unique information. The IFM is not intended to duplicate or replace any of them. 

The table in IFM Appendix 1-1 gives examples of various types of materials contained in regulations, field 

manuals, form instructions, and the AM. The table will be useful for you to distinguish the purposes of each. 

The IFM, as well as the other volumes mentioned above, are included in the Service's CD-ROM reference 

library program, Immigration and Naturalization Service Easy Research and Transmittal System (INSERTS). 

INSERTS is organized by "books" on a "bookshelf" and the IFM is one of those books. The books are 

electronically connected so that you can conveniently flip from one to the other (referred to as "hypertext" links) 

without having to close one book and open the next. Searching for particular topics among several books is also 

convenient using INSERTS. 

The IFM will provide ready access to procedural and policy materials relating to every aspect of the 

Inspections Program. It is intended to replace Part VI of the previous Examinations Handbook, which is now 

rescinded, as well as former Operations Instructions, which will be withdrawn as the relevant IFM chapter is 

completed. In addition, the IFM will incorporate all currently valid service policy wires and memoranda. The 

IFM will become available chapter by chapter, in each successive CD-ROM INSERTS release. Once completed, 

the IFM will be updated in the releases to INSERTS, incorporating new policies or procedures which may have 

been implemented through cables or memoranda to field offices. 

The IFM is intended to be "user friendly." Please send your suggestions for improvements and ideas for 

new items you think should be included in the IFM to the Office of the Executive Associate Commissioner for 

Programs, Attention: Field Manual Project. 

IMPORTANT NOTICE: 

Nothing in this manual shall be construed to create any substantive or procedural right or benefit that is 

legally enforceable by any party against the United States or its agencies or officers or any other person.


Chapter 2: Mission and Conduct of Inspections Officers 

2.1 Mission Statement. 

In a timely and consistent manner, determine the admissibility of persons seeking entry; deny entry to 

inadmissible aliens; enforce criminal provisions against those who conspire to promote illegal entry and stay; 

and deter future illegal entry and stay in the United States. 

2.2 Authority. 

The United States, as a matter of sovereign right, exercises control over aliens seeking to enter, pass through, or 

remain in the national territory. The purpose of the controls is to protect the national interest and the continuing 

good order and well-being of the nation. Immigration inspection procedures are designed to simplify the 

examination and admission of United States citizens who can readily establish their identity, and to determine 

whether each alien meets the admission requirements of the Immigration and Nationality Act (INA). 

The authority of the INS to conduct immigration inspection of arriving persons is contained in section 235 of the 

INA. Your authority as an officer of the Service is contained in section 287 of the INA. The principal authorities 

granted are: 

_ to question, under oath any person seeking to enter the U.S. in order to determine admissibility and, 

_ to search, without warrant, the person and belongings of any applicant seeking admission. 

2.3 Reporting Assaults. 

Individuals who forcibly assault, resist, or impede Service officers are subject to severe penalties [See 18 U.S.C. 

111 and 1114.]. It is not, however, the policy of this Service to initiate prosecutions based on trivial or technical 

violations such as assaults which are entirely verbal, do not involve physical contact, and which do not involve 

substantial impairment of Service functions. 

Inspectors are required to report all assaults that occur, this includes assaults that may or may not have resulted 

in an injury and those that may or may not have a weapon involved. As the FBI has investigative responsibility 

for assaults on Federal officers, report any assault to the FBI for a determination as to prosecution under 18 

U.S.C. 111. Within the Service, Form G-725, Report of Assault on Service Employee(s), is used to report assaults 

on inspectors. Form G-725 must be completed in its entirety, including the narrative on the reverse. Item 18 

should also note whether the assault case was presented and accepted for prosecution by a United States 

Attorney. Copies of Form G-725 should be forwarded to the following locations: one copy is retained at the 

originating district, one copy is sent to the Deputy Regional Director, Enforcement, one copy is sent to 

Headquarters, Associate Commissioner, Enforcement, and the original is sent to Headquarters, Assistant 

Commissioner, Inspections. If accepted for prosecution, notification of the case's final disposition should be 

forwarded via memorandum in a similar manner. 

2.4 The Inspector and the Public. 

At a port-of-entry, the inspector is customarily the first representative of our Government the public meets. First 

impressions last, so it is important that you maintain a highly professional appearance and standard of conduct 

at all times, regardless of circumstances. It is your responsibility as an immigration inspector to carry out the 

duties and responsibilities of your position in accordance with law, regulation, and agency policy. Remember 

that you are both a law enforcement officer and service provider. As an inspector, you must constantly be aware 

of your "customers," the American public whose laws you have sworn to uphold and enforce and the traveling


public who expect and deserve prompt, efficient, courteous, inspectional services. 

As a general guideline, you should be familiar with the Officer's Handbook, Form M-68, which you received 

when you entered on duty. This handbook sets forth Service policy concerning the conduct of officers in both 

their official capacity and in their private lives. 

It is important that the applicant for admission be left with the impression that you were honest, fair, courteous, 

and considerate. There is no room in the inspection booth for bias or prejudice. Since inspectors may talk to 

hundreds of persons daily, a conscious effort must be made to remain patient. Your decisions concerning the 

people you inspect could seriously affect their lives. 

2.5 Uniforms, Badges, and Identification. 

(a) The Inspector Uniform. All Inspectors are required to be properly attired in the appropriate Inspector 

uniform at all times when on duty. AM 21.003 describes when the uniform is to be worn. The official uniform 

consists of four categories: 1) ceremonial uniform, 2) dress uniform, 3) duty uniform, and 4) rough-duty uniform. 

AM 21.003 describes in detail these four categories of uniforms. The proper rank insignia must be worn on the 

uniform. That insignia is determined by grade and position held. AM 21.003 describes the proper rank insignia 

to be worn. Additional insignia, buttons, patches, and badges are authorized to be worn on the uniform. Some 

are required, others are optional. All must be worn in accordance with the AM. 

The official uniform when worn as one of the four categories of uniforms, described above, must be worn only 

with the items described for that category. Uniform items described as required must be worn, as prescribed in 

AM 21.003, at all times. Optional items may be worn at the discretion of the Inspector. Inspectors are not 

allowed to mix uniform items between categories of uniforms. Inspectors are not allowed to wear non-uniform 

items, such as personal jackets or sweaters, with the official uniform. This includes coming to or leaving from 

work, if in uniform. 

Inspectors are not allowed to wear unauthorized pins or adornments on any part of their uniforms. Authorized 

pins or accessories are described in AM 21.003. 

The dress coat and the officer's standard cap are optional for all Inspectors except supervisors. Inspectors 

wearing a firearm must wear a Sam or Sadie Brown belt or a River Belt and it must be worn with double snap 

belt keepers. Inspectors will not be allowed to wear weapon holsters on their trouser belt. Weapons or empty 

holsters will not be worn during primary Inspection at airports. Leather gear must be purchased from the INS 

uniform contractor or be of the same type. No shiny or basketweave leather gear is allowed. 

The Inspector uniform contains both summer and winter items. The summer or winter items can be worn at any 

time of the year, at the inspector's discretion. 

Formal semi-annual in-ranks inspection of inspectors uniforms should be performed in accordance with AM 

21.003 using Form G-525. Informal daily inspection of all Inspectors should occur before the inspector begins his 

or her duty shift. 

Failure to comply with instructions from supervisory officers pertaining to the Inspector uniform may be cause 

for disciplinary action. 

Official specifications for each clothing item of the inspector uniform are maintained by Headquarters, Office of 

Inspections; the Headquarters contracting officer; and by the contractor. 

(b) Uniform Allowance. Each full-time Inspector is authorized a uniform allowance of $400 for the fiscal year 

beginning 1 October each year pursuant to 5 U.S.C. 5901-5903. Less than full-time employees are authorized a 

uniform allowance of $200. Policies, procedures, and responsibilities relating to administration of uniform 

allowance accounts and ordering procedures are described in AM 06.905. Inspectors exceeding their allowance 

are allowed to make personal payment for items purchased above the $400 allowance. Allowance amounts not 

used by an inspector in a particular fiscal year do not carry-over to the next year but are forfeited on the last day 

of the fiscal year. Inspectors allowances are not prorated. An inspector is allowed a full allowance of $400 

($200 for less than full-time Inspectors) regardless of when the inspector entered-on-duty during the fiscal year.


Any order received by the contractor on or before the last day of the fiscal year will be applied to that year's 

allowance. Any orders received by the contractor after the last day of the fiscal year will not be honored and 

will be returned to the inspector to be submitted again in the new fiscal year against the new fiscal year 

allowance. It is the responsibility of the inspector to confirm receipt by the contractor, by telephone, orders 

placed near the end of the fiscal year. Inspectors may mail or fax orders (or both) to the contractor. Allowance 

accounts with the contractor are based on the last seven digits of the inspector's social security number. 

Inspectors calling the contractor should have their social security numbers available when making the call. 

Confirming telephone calls are encouraged for orders placed at the end of a fiscal year. The current uniform 

contractor is: 

R&R Uniforms, Inc 

PO Box 27002 

Nashville, TN 37020 

Tel (INS orders & customer service ): 800-543-2389 

Fax (INS fax orders): 615-248-3437 

(c) Grooming Standards. Appearance is a critical part of forming a favorable impression with the arriving 

traveller. The Officers' Handbook, A Guide for Proper Conduct and Relationships with Aliens and the General 

Public, M-68, (revised 1981) governs the conduct, appearance, and grooming standards of all INS officers. Pages 

16 and 17 of the Officers' Handbook cover grooming standards for all INS officers. 

(d) Badges and Credentials. Every officer of the Service is issued a shield (badge) and credentials for 

identification. You are responsible for these items and need to safeguard them against possible theft or loss. See 

AM 03.202 through 03.206 for further information. 

2.6 The Work Environment. 

Your work environment as an inspector can, at times, be difficult and challenging. There are many programs in 

place that help insure a safe and healthy work environment, and to guarantee that you, as an employee, are 

treated equitably and professionally and given the tools necessary to succeed. Following is a brief description of 

many of the current programs designed to support you in your job. Each, in its own way, contributes to the 

success of the Service's overall mission. 

(a) Health and Safety Programs. The component elements of the INS Safety and Occupational Health (SOH) 

Program are set forth in AM 03.005. The SOH Program consists of: 

_ A Servicewide/Headquarters SOH Program Manager in the Headquarters Logistics Division; 

_ SOH Managers at each Administrative Center, serving the Administrative Center, Regional Office and 

Districts/Sectors; and 

_ At least one management and one union designated collateral duty SOH officer for each district or 

sector, as well as at other facilities (e.g., off-site Headquarters facilities). 

Some mainstay elements of the INS SOH Program include: 

_ SOH training for collateral duty SOH officers as funding permits; 

_ Annual safety and occupational health committee meetings at the District/Sector, Regional, and 

Servicewide levels between management and the unions to identify safety and occupational health problems; 

_ SOH officer facility inspections to identify safety and occupational health problems; 

_ The issuance of personal protective equipment and the conduct of environmental assessments, as 

funding permits; 

_ Annual training on bloodborne pathogens and tuberculosis (TB) training, Hepatitis B vaccinations, and 

TB skin tests;


_ Worker compensation claims by INS employees who are exposed to or contract, an illness, or who are 

injured; and 

_ Fatality reporting. 

Any INS employee (other than one stationed in Headquarters) wishing to report unsafe conditions, to inquire 

about any safety and occupational health issue, or to obtain updated information on the provisions of the 

Administrative Manual should contact the jurisdictional collateral duty and/or Administrative Center SOH 

Officer. Headquarters employees should contact the Servicewide/Headquarters Safety and Occupational Health 

Programs Manager. 

In December 1995, the Commissioner approved an enhanced SOH program, to be known as the Environmental, 

Occupational Safety and Health Program, which is to be implemented before the end of FY-96. The enhanced 

program will elevate the program organizationally, increase staffing in the Headquarters and Administrative 

Center SOH Programs, provide full-time SOH Officers at select District/Sectors (based on size and risk), and 

augment the SOH budget. 

(b) Employee Assistance Program. 

(1) General. The INS Employee Assistance Program (EAP) is designed to provide training and confidential 

short-term counseling, information, and referral and assistance in the areas listed below. For more information 

refer to AM 04.103 or call: Ted Schwartz, LCSW/ACSW, INS EAP Administrator at (202) 514-5763 or FAX 

(202) 514-5928 or pager (800) 796-7363 PIN # 101-4729. 

Assistance areas: 

-Emotional/Stress 

-Family/children/education 

-Relationships/Marital 

-Drug/Alcohol 

-Trauma (shootings, etc.) 

-Financial/Legal Referrals 

-Day Care/Elder Care 

-Special Education 

-Work Performance Problems 

-Interpersonal/work site issues 

(2) Purpose. The purpose of the EAP is: 

_ to provide services for treating the mental health, alcohol, and other drug related problems of the 

workforce. Participation is always voluntary; 

_ to assist employees with work performance problems and to provide support and guidance throughout 

the problem-solving period in a positive non adversarial manner; and 

_ to serve as a resource for management in providing guidance in working with employees whose 

personal problems have affected their job performance. 

(3) Trauma Debriefings. Trauma debriefings are mandatory for any employee involved in an operational 

incident such as a shooting, accident, drowning, etc. Debriefings are conducted to minimize psychological 

injury to the employee. Debriefings are conducted by a licensed Police Psychologist or Social Worker. 

Supervisors of the affected employee must request the debriefings ASAP by calling 800-467-3277 or the PAGE 

number noted below. 

(4) Confidentiality. This program is authorized by laws which protect the privacy of the individual and 

confidentiality of records in accordance with the provisions of Pub. L. 93-282. An employees job security will 

not be affected by requests for counseling or referral assistance. Information shared between the employee and 

the EAP counselor is considered confidential.


(5) Service Limits. Employees and their family members are entitled to meet with an EAP counselor, funding 

permitting. Administrative leave may be authorized to see an EAP counselor. There is no charge for EAP 

services. Information & Referral Services are provided on a broad range of interests for employee and family 

members. The EAP will do your "research" in finding necessary resources your family might need. 

(c) Equal Employment Opportunity Program. See Equal Employment Opportunity Handbook. 

(d) Incentive Awards Program. The Service actively encourages all employees to be innovative and to 

continually perform to the best of their abilities. Individual employee incentive awards available for innovative 

ideas and exceptional performance are discussed in AM 04.309. 

(e) Employee Union Activities. Two unions represent different segments of INS bargaining unit employees. The 

National INS Council of the American Federation of Government Employees (AFGE) represents INS district 

employees. The National Border Patrol Council represents Border Patrol employees. The National INS Council, 

of which Inspectors are members, is comprised of various AFGE Locals organized throughout the INS districts. 

Officials of the Locals and the Council are elected by bargaining unit members. 

A negotiated Agreement (often called the union Contract) regulates some of the interactions that take place 

between INS employees and management, and between union representatives and management. For example, an 

article of the Agreement (3B) states that discussions between a supervisor and an employee concerning 

counseling, evaluations, workload, or disciplinary action should be conducted to insure the employee's privacy. 

The Agreement is national in scope. Various AFGE Locals have negotiated supplemental agreements that 

pertain to the Local's area only. These agreements may cover a range of topics; often they state how Inspections 

overtime will be scheduled. [See Agreement between INS and National Immigration and Naturalization Service 

Council, M-203 and Agreement Between INS and National Border Patrol Council, M-422.] 

Sometimes port, district, or other managers overlook an obligation to contact an appropriate union 

representative before changing a policy or practice, or initiating a new procedure that changes working 

conditions for bargaining unit employees. Part of a manager's planning for these changes should include 

notification to appropriate union representatives. (See Article 9) If in doubt whether or not to contact a union 

representative over a specific matter, a manager may seek advice from the district administrative office, or the 

regional or Headquarters Office of Labor-Management Relations. 

In keeping with the INS partnership with the National INS Council, an even better procedure to notifying the 

union of changes is for managers to invite appropriate union officials to participate in planning such changes. 

Union representatives can provide a complimentary perspective, valuable front-line experience, and ideas for 

carrying out procedures or solving attendant problems. For union participants, on the other hand, helping with 

such planning sessions gives better insight into constraints managers must work within, valuable experience in 

planning and implementing projects, and an opportunity to share ideas and contribute to improving the 

Inspections Program. Using a duly-designated union representative to help plan changes often relieves 

managers of the need to notify the union later of changes and bargain over their impact. When union input is 

incorporated into the planning process, the plan often meets the needs of both the employees and managers better. 

The Inspections Program strongly endorses the concept of the Partnership. Union representatives currently 

participate on many national and port committees and task forces. 

(f) Training. 

(1) General. All immigration officers will receive the necessary training to successfully perform the duties of 

their position. This is both a promise and a challenge. The job of the immigration inspector has undergone many 

changes in recent years, a result of technological improvements, legislation, and an effort by the Service to create 

a more professional officer corps. 

(2) Preacademy Training. 

When Inspectors first come on duty there may be some delay in going to the Academy. During this time, new 

officers should begin a locally-prepared preacademy training course. The first step in this program should be 

the preparation of a training file, to be maintained by the local training officer or supervisor. This file should 

contain the training agreement, signed certification of having read and discussed "The Officer's Handbook" 

(Form M-68), a list of instructional materials provided to and mastered by the trainee, evaluations (Form


G-445), and other materials that will later be useful in determining the trainee's readiness for promotion. The 

training itself should include a combination of academic instruction and on-the-job training (OJT) assignments. 

Providing such instruction usually involves the cooperation of training officer and journeyman inspectors. Each 

step in the academic training and the OJT should be recorded. Special attention in the preacademy training 

should be given to those areas that are not covered thoroughly in the Academy and areas involving local policy 

covering situations commonly encountered at the trainee's duty station. 

(3) Academy Training. 

New permanent full time inspectors generally enter the Service at the GS-5 level and go through a two year 

training period to reach the journeymen level of GS-9. Some inspectors enter through special programs at the 

GS-7 level. In both cases, the Inspector goes through a one year period of probation. During this time he or she is 

required to attend The Immigration Officers Basic Training Course (IOBTC) at the Immigration Officer 

Academy (IOA) in Glynco, Georgia and to complete a twenty-week Post Academy Course. A trainee will be 

detailed to the IOA within thirty days of entry on duty when administratively and operationally feasible. 

The course at IOA consists of ten weeks of Immigration and law enforcement courses. Each attendee is also 

tested in Spanish. Those that are found to be adequate in the Spanish language return to their duty station on 

graduation from the basic course. Those who need more instruction are kept for a four week total immersion 

course in Spanish. 

Other than permanent full time (OTP) inspectors are also hired at the GS-5 level with promotion potential to 

GS-7. They are required to attend and satisfactorily complete a special OTP basic training program. Phase I of 

this course is a four week course given at IOA. Phase II is completed at the Inspector's duty station. Phase II must 

be completed within 90 days of the completion of phase I. If the individual cannot pass the course, he or she will 

be given another opportunity to take and pass the course. If an individual cannot pass the course on the second 

attempt, district management will review the individual's case and consult with Regional Personnel. 

Successful completion of the IOBTC is a requirement for any OTP immigration inspector who is converted to a 

full-time, permanent Officer Corps position. 

(4) Post Academy Training. 

IOBTC and OTP basic are both followed by formal post academy training courses. Both courses are obtained 

from and administered by the Immigration Officer Academy. These courses cover most of the material needed 

by the immigration inspector. However, inspectors work in a complex, constantly changing work environment. 

There is a need for continuing informal post academy training that provides for the updating of knowledge and 

skills. Some of the needed information will come from supervisory briefings, some from formal classes given by 

training officers, special operations officers, intelligence officers, or senior inspectors, and some training 

material is provided by the Service in the form of video tapes. 

One form of self-help instruction comes in the form of locally prepared "how to" manuals. They have copies of 

completed forms, sample A files, form letters or memoranda, instructions on the use of computer systems, 

sample copies of exclusion or prosecution cases, etc. These books provide easy references for work in progress 

and study materials for both trainees and journeymen. 

(5) Computer Training. 

Computers have played a part in the inspection process for quite some time. Each year more of our processes 

become automated. The inspector needs certain computer skills to do his or her job. On primary there is need to 

query vehicles and individuals. In secondary he or she must be able to run on-line queries on CIS, NIIS, STSC, 

NAILS, IBIS, NLETS/NCIC, and OASIS. Inspectors must be able to change their passwords in PICS and IBIS. 

Reports and memoranda are prepared on off-line systems such as Word Perfect, or on Service-developed 

systems such as the Performance Analysis System (PAS). Many offices have established a local area networks 

(LAN) that contain the software for word processing, spreadsheets, and databases. The Academy has provided 

for some orientation in the on-line systems but "hands-on" training in these systems as well as most off-line 

training is done locally.


2.7 Reporting Unusual Incidents. 

In recent years, INS has become the focal point for a much higher level of public interest than in the past. The 

inspections program, since it is so highly visible, is an obvious target of those seeking publicity. You should 

anticipate national media attention and prepare yourself to act promptly and properly in emergency situations. 

For instance, strikes and demonstrations on either northern or southern borders are not uncommon, threats of 

terrorist activities are frequent at international airports, and natural disasters can occur anywhere. As an 

immigration inspector, you may be confronted with such situations. Local ports should insure all officers have 

access to and are familiar with guidelines for reporting and handling such situations through the chain of 

command. 

Each district director and chief patrol agent is responsible for transmitting to the Regional Director timely, 

complete, and accurate information concerning any significant incident. After normal hours, the Regional 

Director is responsible for providing such information to the Headquarters Command Center. The Office of 

Field Operations is responsible for notifying other Headquarters offices, as appropriate. 

It is also important that you be proactive, anticipating public interest in operations you may be planning. If you 

are involved in any potentially high profile operation, or one which may receive media attention (favorable or 

unfavorable), such as one that may result in significant fines, a large volume of apprehensions, or a disruption of 

port traffic, you are required to submit a report (sample format in Appendix 2-1), through channels, at least 

three and no more than 14 working days in advance of the operation. Submit your report simultaneously, by 

facsimile, to your Regional Director, and to Headquarters, Office of Field Operations, FAX# (202) 514-0051. 

Field Operations will coordinate information with the Office of Public Affairs. 

Reporting incidents relating to the discharge of firearms is discussed separately in Chapter 34 of this manual. 

2.8 Hostage Situations. 

As federal officers we are particularly susceptible to terrorist action based in part on our being stationed at 

ports-of-entry. Over the years, U.S. targets both at home and abroad have become attractive to terrorists not 

only because of their symbolic importance but because of their basic vulnerability. 

In general, terrorism is a viable political tool because it is both successful and cost effective. It is most effective 

when used against the democratic governments of the West. As such, we are making an effort to provide 

information to all those officers who may at some time find themselves involved in a hostage situation. The 

hope is that victims taken hostage by terrorists can retain or regain substantial control over their own conduct 

and maximize their chances of survival despite the initial shock of victimization, if they give advance 

consideration to the prospect of being taken hostage. 

Regardless of the individual terrorist's motivation, in simple terms, hostage taking puts the terrorist in a 

position of ultimate power and control. It helps him or her inflict fear and terror on the society as a whole and 

tries to show how ineffective the government is in stopping them. In addition, it provides the terrorists with a 

stage replete with all the publicity they desire in order to advance their cause. 

There are, however, certain steps and types of conduct that have over the years proved beneficial in helping 

hostages cope with and emerge safely from their situation. The following thirteen steps are offered by the New 

York City Police Hostage Negotiating Team: 

1. Don't be a hero - Accept your situation and be prepared to wait. In such a case, time is an ally, not an 

enemy. Besides, any drastic action on the part of the victim might bring immediate violent action from the 

captor. 

2. The first 15 - 45 minutes are the most dangerous - follow instructions -The first few minutes are the 

most dangerous for all concerned. The terrorist is most likely to strike out at this time. Do not give him or her 

any reason to do so. Follow instructions. Do not hesitate. Remember, you are trying to stay alive. After the 

initial shock of the confrontation subsides, the captor is better able to handle his or her own emotions and 

recognize his or her position. At this point, after as little as ten minutes, the phenomenon of "transference" or


"Stockholm Syndrome" starts to develop. As this happens you will be less likely to be harmed. Remember 

transference is a normal occurrence. You will not be able to avoid it. It is natural and has kept many hostages 

alive. 

3. Don't speak unless spoken to and then only when necessary - try not to appear hostile but do not be 

overly friendly or phony. 

4. Try to rest - After things settle down, try to get as much rest as possible without turning your back on 

your captor. 

5. Don't make suggestions - This is very important. If your suggestion is used and something goes 

wrong, your captor may feel that you planned it that way to trick him. At that point there is the danger that he or 

she may begin identifying you as his or her enemy rather than a bystander caught in the middle (negative 

transference). 

6. Escape: Should you or shouldn't you? - Simply stated, don't try to escape unless you are absolutely sure 

you will be successful. If you are recaptured violence may be used to "teach the others a lesson". 

7. Special medication or aid - If there are any hostages who require special medication or aid, inform 

your captors. Be matter of fact about it and do not pester them. Most captors do not want anyone to die on their 

hands or they would not have taken hostages in the first place. 

8. Be observant - you may be released or escape and can help the police - Try to remember everything 

that you see and hear. Memorize the descriptions of your captors, what names they use and how they refer to 

each other. What kind of weapons or other equipment do they have? Where are the hostages being kept? Has a 

routine been established for eating and/or sleeping? Finally, try to recall the number and identities or 

descriptions of the other hostages as well. 

9. Be prepared to answer the police on the phone - If you are permitted to answer the phone, be prepared 

to answer questions with "yes" or "no" responses. If the captor is listening in try to advise the police by saying 

something like, "Don't lie to us because he (or she) can hear what you're saying". If what you are made to tell the 

police is untrue, make reference to some relative or factual incident in an incorrect manner so that the police 

know that you are under duress. For example, you can tip the police off by saying, "My brother will handle the 

bills", when in fact, you do not have a brother. 

10. Don't be argumentative - Non-cooperative attitudes with the captors or with other hostages have 

brought harm to some hostages in the past. The captor may perceive this behavior as aggression towards him or 

her. 

11. Treat the captor like royalty - Don't turn your back on your captor unless ordered to. Don't stare at 

him or her either. A so called "down the nose look" may bring a violent reaction. Remember, a captor is less 

likely to harm someone with whom he or she has eye contact. 

12. Be patient - Though it may seem that the police are doing nothing they are working on a plan to get you 

out along with the other hostages. Be patient and be prepared to wait. 

13. If a rescue comes - If you believe a rescue attempt is taking place or if you hear a noise or shooting, hit 

the floor and stay down. Keep your hands on your head and do not make any fast moves. If you are ordered 

out, follow the directions quickly with your hands in full view. Be prepared to be frisked by the police. 

Remember, they may not be sure about the number of terrorists involved and you don't want to bring about a 

reflex reaction by the police if you balk at being frisked. Just submit, its nothing personal. 

There are no guarantees, but by following these guidelines over the years, many lives have been saved. 

Most of the information is taken from Hostage Cop, by Cap't. Frank Bolz and Edward Hershey, Rawson, Wade 

Publishers, NY, 1979. In addition, the Service course outline on Terrorism and Victimization was used. 

2.9 Dealing with Attorneys and Other Representatives.


No applicant for admission, either during primary or secondary inspection has a right to be represented by an 

attorney - unless the applicant has become the focus of a criminal investigation and has been taken into custody. 

An attorney who attempts to impede in any way your inspection should be courteously advised of this 

regulation. This does not preclude you, as an inspecting officer, to permit a relative, friend, or representative 

access to the inspectional area to provide assistance when the situation warrants such action. A more 

comprehensive treatment of this topic is contained in the Adjudicator's Field Manual, Chapter 12, and 8 CFR 

292.5(b).


Chapter 3: The Organization of Inspections 

References: 

INA: 286(k) 

3.1 The Chain of Command. 

The official chain-of-command for inspectional, as well as other INS personnel is set out in 8 CFR 100 and AM 

01.001. Local channels within districts will vary, depending on office size and configuration. Proper 

communication is critical to the effective operation of the Service. All officers must be familiar with and adhere 

to local procedures for reporting through proper channels. To function effectively in emergencies and other 

sensitive situations, be sure you have access to phone numbers for local, regional, and Headquarters officials. 

3.2 Job Duties of Positions within Inspections. 

There are several different position descriptions within Inspections. Within these major position descriptions, 

there are a number of local variations which reflect the variety of workload patterns at different locations. 

Sample position descriptions contained in the appendices of this chapter are typical ones for each major 

occupation, although actual duties and responsibilities (and the position descriptions used at each location) 

may vary among ports, even within the same district. [Note: some position descriptions use the older format, 

since they have not yet been rewritten using the new "factors."] 

a. Immigration Inspector (GS-1816). The immigration inspector conducts inspections of all classes of 

applicants for admission to the US. He/she enforces various criminal and administrative statutes of the US, 

apprehends violators, adjudicates a wide variety of applications for various immigration privileges and 

benefits that are processed at the ports-of-entry and interprets and/or furnishes guidance and advice regarding 

I&N laws, regulations, and operating instructions for other immigration personnel (trainees) and other agency 

personnel. 

[A sample position description is included in Appendix 3-1.] 

b. Supervisory Immigration Inspector (GS-1816). The supervisory immigration inspector plans work 

distribution for immigration inspectors, assistants, and clerical personnel, makes frequent inspections to observe 

and evaluate the effectiveness and efficiency of operations, establishes production standards and prepares 

personnel related materials (i.e. performance appraisals) and develops and implements local policies for the 

enforcement and facilitative aspects of the Inspections Program. He/she makes decisions on and resolves 

problems involving complex phases of law or unusual situations requiring the interpretation and application of 

Service policy, maintains or directs the maintenance of appropriate reports and production records, and 

maintains liaison with other government, state, and local agencies and civic organizations. Supervisory 

inspectors also supervise the adjudication of various types of applications and petitions, and exercise 

supervision over the GS-11 senior immigration inspectors, immigration inspectors (Special Operations), free 

trade examiners and other port personnel. Carries out Equal Employment Opportunity (EEO) policies and 

activities. 


c. Port Director (GS-1816). The port director plans, coordinates, and directs, through assistant port directors, 

all functions and activities relating to the inspections program at the port-of-entry. He/she develops and 

prescribes policies and procedures for inspection activities and operations, and furnishes guidance to 

subordinates, supervisors, and other district personnel concerning port and inspection activities. He/she 

conducts studies to evaluate the effectiveness of operations, determines what programs can be initiated or 

curtailed and recommends resource allocations for specific program activities. The port director adjusts and 

realigns personnel and workloads to meet existing needs and priorities and consults with and advises superiors 

and staff officers concerning inspections activities. He/she must maintains harmonious working relations with


officials of foreign governments, federal, state, and local governments as well as civic and social organizations. 

The port director must also resolve problems involving complex phases of the law or unusual situations 

requiring interpretation and application of Service policy and provide technical and administrative direction of 

officers and employees engaged in determining admissibility or remote adjudications activities. 


d. Assistant District Director for Inspections (GS-1816). The assistant district director for inspections, located 

only in very large districts, plans, organizes, and directs the primary and secondary inspection of all persons 

entering the United States within the District Office's jurisdiction. He/she interprets and directs the 

implementation of Inspections policies and procedures at the district's ports-of-entry,.briefs the district director 

and higher Service management on significant developments in the Inspections program, and coordinates, 

negotiates, and interprets the district's Inspections program with management officials and program managers 

in the district, region, headquarters, and border patrol sectors. He/she is responsible for maintaining the 

district's large inspections staff at peak efficiency and for evaluating the performance of key inspections officials 

within the district. He/she formulates long range plans, ensures port continency plans for emergencies are in 

place, executes and controls the district's inspections budget and oversees the expenditure of overtime funds. The 

assistant district director for inspections also serves as public relations focus for the district's inspections 

program. 


e. Immigration Inspector (Special Operations) (GS-1816) The immigration inspector (special operations) 

performs a wide range of complex advisory and coordinating duties, and other specialized assignments 

involving highly sensitive inspection, enforcement, and facilitation issues. He/she collects raw and finished 

intelligence data from inspectors; develops profiles, patterns, and blitz "targets," and monitors trends and forces 

(political, economical, social, and cultural) for impact on illegal migration, terrorism, or drug trafficking. The 

IISO may serve as a team leader, providing advice and guidance to inspectors on a wide variety of procedures 

and methods to widely diversified inspection activities; may function as a rover, mingling among passengers to 

identify suspicious individuals who warrant further questioning; may serve as a special project officer, planning 

and carrying out assignments, projects, studies or investigations to explore and resolve major problems or 

improve procedures that result in more efficient and effective program operation. For ports lacking a senior 

immigration inspector, the IISO serves as a specialist regarding inspection, enforcement, and facilitation 

functions on Inspections National Terrorism, Drug, and Fraud Task Force (TDF) to support special law 

enforcement operations (e.g. smuggling of aliens and drugs). The IISO may also serve as a training officer, 

instructing inspector trainees, journeyman officers, other officers occasionally assigned to inspectional duties 

(examiners and deportation officers), and Customs inspector trainees. 


f. Carrier Consultant (GS 1816). The carrier consultant carries out temporary duty (TDY) assignments to 

locations overseas to advise international airline and shipping carriers, develops standardized Service 

instruction and guidance for presentation to members of the transportation industry concerning a wide range of 

issues (i.e. identifying fraudulent documentation, immigrant and nonimmigrant requirements, and fines and 

liquidated damages), acts as the Service's primary source of technical expertise on entry and documentary 

requirements and engages in liaison activities with representatives of major airlines and sea transportation 

companies. 


g. Senior Immigration Inspector (GS1816) The senior immigration inspector enforces the Immigration and 

Nationality Act and criminal statutes by identifying, investigating, apprehending, and prosecuting persons 

attempting illegal entry into the United States. He/she continues questioning individuals suspected by 

inspectors of involvement with organized smuggling of aliens, terrorism, drug smuggling and document fraud 

and presents all evidence to the US Attorney's Office for prosecution. The senior inspector reviews and 

recommends local policy and procedures needed to collect and disseminate effective intelligence data and 

information and develops and conducts training for all officers in terrorism, drug smuggling, and document 

fraud. In addition, the senior inspector reviews all motor vehicle seizure documents to determine applicability 

of 8 USC 324(b) and for compliance with Service guidelines.



h. Inspections Assistant (GS-1802) The inspections assistant performs a wide variety of administrative, 

technical, and clerical tasks in support of the Inspections Program. He/she completes operational and 

administrative duties such as filling out entry documents for aliens, immigrant visa processing, mailing 

documents and forms, etc., conducting searches of INS records, indices, and automated systems, collecting fees 

for applications and services provided, and assisting inspectors or supervisors in the execution of functions, 

including collecting, compiling, and maintaining program data. The inspections assistant may also be required 

to conduct research to provide information on routine inquiries, and to answer telephonic and in person 

inquiries for information and forms. He/she may also provides administrative support in the inventory and 

control of property, vehicles, firearms and ammunition etc. 


i. Free Trade Examiner (GS-1816) The free trade examiner examines free trade applications for benefits and 

privileges. He/she serves as an examiner for the port-of-entry handling a broad range of applications for 

immigration benefits remoted from the district offices. As time permits, he/she performs primary and 

secondary inspection of persons applying for admission to the United States. The free trade examiner also trains 

personnel at the port in the provisions of the North American Free Trade Agreement (NAFTA) and serves as 

primary point of contact for the public for information on NAFTA. 


j. Assistant Chief Inspector/Chief Inspector (Headquarters and Regions) (GS-1816) These positions are staff 

positions, assisting in all phases of Inspections Program management. The assistant chief inspector consults and 

advises chief inspectors, and other management officials in either the Office of Programs, the Office of Field 

Operations or the Office of the Regional Director concerning overall policies, plans, and procedures, or 

operational activities within the Iinspections Program. He/she analyzes proposed legislation to determine 

probable effect on inspection functions and programs and recommends whether the Service should support or 

oppose such legislation; establishes, amends, or otherwise controls Service programs insuring Service-wide 

conformity in the application of laws, regulations, and policies relating to inspections. 


3.3 The National Inspections Advisory Board. 

The Inspections National Advisory Board (INAB) was created in Fiscal Year 1994 by the Headquarters Office of 

Inspections . The purpose of the INAB, as stated in its Charter, is to "...provide vision, guidance and feedback to 

the Inspections Program so that the necessary changes occur to make the Inspections Program an efficient, 

effective and dynamic entity into the 21st century..." Composition of the INAB includes managerial and 

bargaining unit employees from throughout the Inspections Program. Board members range from district 

directors to journeyman grade inspectors. Each region is also represented by the assistant regional director for 

Inspections and a union representative. One Headquarters Inspections officer is also an INAB member. 

The INAB conducts four meetings per year. The site of the meeting is rotated through Headquarters and 

ports-of-entry in each region and will be rotated through air, sea, land, and preflight Inspection ports. 

3.4 The User Fee Advisory Committee. 

The INS User Fee Advisory Committee was first established under the authority of Section 286(k) of the INA, as 

amended by the Department of Justice Appropriations Act of 1986 [Pub. L. 99-591; enacted October 30, (8 U.S.C. 

1356(k)); and the delegation of authority under 28 CFR 0.105.] Section 14(b)(2) of the Federal Advisory 

Committee Act. The Charter for the User Fee Advisory Committee was approved by the Department of Justice 

and signed by the Commissioner of the INS on November 19, 1992.


This Advisory Committee conducts meetings approximately every six months in accordance with the provisions 

of the Federal Advisory Committee Act and implementing regulations. The meetings of this Advisory 

Committee are chaired by the INS Commissioner or his/her designee. INS provides the necessary 

administrative support to this Advisory Committee. 

Committee membership is composed of representatives from major air carriers and cruise lines as well as 

officials from various major airport authorities and other industry-related organizations. Views espoused 

range from the parochial to industry wide. The Committee focuses attention on those areas of most concern and 

benefit to the travel industry, the traveling public, and the Federal government. 

The responsibilities of the Advisory Committee are to advise the Commissioner of INS on issues related to the 

performance of immigration inspectional services at commercial air and seaports. This advice also includes 

such issues as the time period during which such services should be performed, the proper number and 

deployment of inspection officers, the level of fees, and the appropriateness of any proposed fees. 

Committee consultation has been beneficial to INS in various ways. Advice from the Committee has been 

utilized in making staffing decisions at field locations, improving traffic flow patterns, shortening inspection 

time frames, and improving fraudulent document detection.


Chapter 4: Research. 

4.1 General Considerations. 

As an immigration officer, you will often encounter novel issues or factual situations. In the course of your 

duties, you will also be exposed to other areas of immigration law that may have a bearing on the action you 

take. The correct resolution of these issues, or whether they are relevant at all, will not always be apparent. Even 

when an outcome is clearly apparent, you should always provide a basis for an action grounded in legal 

authority. There will thus be occasions when you will need to perform research before you make a decision. 

This chapter will seek to familiarize you with some of the basic methods of legal research and with the general 

organization of the immigration law. 

It is important to remember that you must take an active role as an officer. Not every situation will be the same, 

and not every situation will suggest an easy resolution. You must be on the lookout for issues and circumstances 

which can affect your decision. Creative thinking and a willingness to "dig" beneath the surface will make you a 

more effective officer. This manual, along with the new administrative manual, reflects the Service's 

commitment to improve availability of timely and complete policy information for its officers. Referring to the 

Act and the regulations are only the beginning of your duties as a Service officer. Supplemental materials 

provide insight into the regulations and clarify your legal duties. 

4.2 Sources and Organization of Immigration Law. 

The Immigration and Nationality Act (the Act, INA) is the major source of immigration law. Any lawful action 

by the Service or by any of its officers must be traced back to and authorized by the provisions of the Act. 

Provisions of the Act are often referred to by their position within the Act. Thus "section 245" refers to that 

section of the Act. The Act itself, part of the larger U.S. Code system, is contained at 8 U.S.C. §§ 1-1434, and 

particular sections are frequently referred to by their U.S.C. citation rather than their INA citation (e.g. section 

245 of the INA may also be referred to as 8 U.S.C. 1255.) 

The other major source of authority in immigration law is the Code of Federal Regulations. When Congress 

passes a provision of law, it often delegates authority to implement the law to the agency, consistent with the 

terms of the statute. Congress may provide that a certain class of aliens may be eligible for a particular benefit, 

but it is not until the Service issues regulations concerning details such as application procedures, filing fees, etc. 

that the statutory provisions come to life. Regulations, though not issued by Congress, have the same force and 

effect as the statute. The Service's regulations are contained in Title 8 of the Code of Federal Regulations (CFR). 

Generally, but not exclusively, the numbering of the regulations tracks the numbering of sections in the Act. Rules 

dealing with section 245 of the Act would thus be found at 8 CFR part 245. Other parts of the Code of Federal 

Regulations may have an effect on immigration issues. This is especially so with State Department regulations, 

which can be found at 22 CFR. Generally, whenever you see a statutory citation, the relevant CFR title will track 

the United States Code title, so that 7 U.S.C. will lead you to 7 CFR. 

While the statute and regulations are the primary source of law, materials that interpret these are also an 

important source. The Board of Immigration Appeals (BIA) in Falls Church, Virginia is the major appellate 

body deciding immigration matters. Its decisions have the force of law and are binding upon Service officers. 

Significant BIA decisions are published and indexed to make them readily accessible by Service employees as 

well as the general public. Appeals are taken to the BIA from Service decisions on adjudicative matters such as 

visa petitions and adjustment of status petitions, and are also taken from Immigration Court on matters such as 

deportability and excludability and relief from deportation. The Office of the Chief Administrative Hearing 

Officer (OCAHO) is similar, except it hears cases dealing only with fines and penalties. Internally, directives 

designated "P" following their file number and issued in the form of memoranda and cables, are binding on 

Service employees as are other policy issuances such as the materials contained in INSERTS (Immigration and 

Naturalization Service Easy Research and Transmittal System). Many cases not appealable to the BIA are 

appealable internally to the Administrative Appeals Office (AAO). Although less frequent, that office may also


publish its decisions as precedent, in which case they are indexed and published in the same volumes as those of 

the BIA. 

4.3 Basic Research Methods. 

Legal research is a search for authorities and standards to apply in resolving legal issues. As a beginning 

researcher you probably feel that you are faced with an impossible task: to perform effective research, you need 

to know where to look for information, but in order to know where to look, you first need to know something 

about your subject. This problem reveals the fundamental principle of successful research: successful research is 

nothing more than a process of building upon what you already know. If you approach research in this way, you 

are bound to be successful. You only need one piece of information to find another. For example, you may have 

nothing more than a reference to a section of the Act. From that information, you can obtain the U.S. Code 

section. U.S. Code Annotated will often refer to judicial cases dealing with the particular section. The case will 

usually cite various relevant regulations, law review articles, and other interpretive materials. Those materials 

will in turn refer to other materials and issues. From a very small amount of information you are able to find a 

wealth of materials. 

(a) Federal Regulations. The Code of Federal Regulations changes literally every day. Thus, although you may 

know the controlling regulations and your regulation may not be affected, you need to know how to find the 

latest version of a relevant regulation. While the changes you find may often be small, this is not always the case. 

Federal regulations are published every day, chronologically, in the Federal Register. It is in the Federal 

Register that you will first see changes to the regulations. In addition to regulations, the Federal Register also 

publishes executive orders, presidential statements, and proposed changes to the regulations. When rules are 

published in the Federal Register, they almost always contain a preamble, which is a statement by the agency 

promulgating the rule both explaining the rule and the basis for issuance of the rule. By reading the preamble, 

you will often find guidance on how a specific provision of the regulations is meant to apply. Recent Federal 

Register notices relating to INS programs can also be found in INSERTS. 

After initial publication in the Federal Register, the regulations are compiled annually by subject and issuing 

agency and published in the more familiar Code of Federal Regulations. Several items in the Federal Register 

will help you determine if your regulation has been affected. At the beginning of each issue of the Federal 

Register you will find a table of contents arranged by agency name. This is followed by a "list of CFR parts 

affected" by that day's issue. You can quickly scan this list to determine if you need to read further in that day's 

issue. At the end of each day's issue, you will find a cumulative list of parts affected listing all the parts affected 

for the current month. The Federal Register also publishes on a monthly basis a pamphlet entitled: LSA: List of 

CFR Sections Affected. This list is also cumulative and lists by Federal Register page number each section 

affected. By following this process, you will ensure that you are aware of the most current version of the 

regulations. The Service endeavors to provide early notice to affected programs whenever significant changes 

are about to occur in the regulations. 

(b) Board of Immigration Appeals (BIA) Decisions. Not all decisions of the BIA are published. While you may 

on occasion have access to unpublished Board decisions, these do not have precedential value. When first 

published, Board decisions are designated with an "interim decision" number. Periodically, interim decisions 

are collected and published chronologically. There are currently twenty volumes of published precedent 

decisions entitled Administrative Decisions Under the Immigration and Nationality Laws of the United States. Once 

published in this format, they may still be referred to by their interim decision number but are more likely to be 

referred to by volume and page number. For example, 19 I&N 234 is found in volume 19, beginning on page 234. 

The most recent volume contains a subject index covering cases contained from Volume 16 forward. Volume 

15 contains an index for cases published in volumes 1-15. You can thus find relevant cases by searching under a 

subject heading in the index. Because the most recent decisions have not been published in this format, you need 

to check the "index of interim decisions" periodically published by the board to make sure you have all the 

relevant case law. 

It is equally important to be sure that the case law you are reading is still the law. Recent decisions often modify 

aspects of earlier ones, and occasionally overrule them completely. Checking the "index of interim decisions" 

mentioned above will give you some indication of whether the topic or case you are researching has been


affected. Some offices may have access to Shepard's Immigration and Naturalization Citations. This volume, 

commonly referred to as "Shepard's", is a comprehensive cross-reference of all immigration citations. Shepard's 

exists for almost all Federal statutes and regulations as well as all Federal and state case law. Shepard's is 

organized by citation. For Immigration Decisions, for example, an index heading can be the statute, a 

regulation, or a decision from the BIA. Within each category, the entries are listed numerically. Thus, the 

portion dealing with the Act will begin with 8 U.S.C. § 1 and continue in order. BIA decisions will begin with 

the first published decision in volume one and continue on through volume 20. Underneath each heading, every 

decision, statute, or regulation mentioning that heading will be listed, again in sequential order. There are codes 

next to each entry indicating whether the reference supports the index case, overturns it, or simply questions it. A 

similar index titled " Notice of Decisions Affected" is included in volumes 15 and 20 of the Interim Decisions. 

(c) Federal Court Decisions. The Service is often involved in litigation which affects its operations. Although 

not as common, judicial decisions not directly involving the Service can also affect operations. You need to 

understand these decisions and the authority of the Federal courts in order to know if they affect your duties. 

The federal court system is divided into three levels of authority. The district court is the trial body of the 

Federal court system and there are many district courts. Generally, district court decisions are only binding 

upon judges within that district. Thus, a statement of the law in the Northern District of California may not be 

the same as one in the District of Wisconsin. (In smaller states, there is only one district court, while larger states 

are divided into several districts). While the law in a District is binding only upon judges in that circuit and is 

merely advisory upon other judges in other circuits, a District Judge has authority to issue an order affecting the 

entire nation. Thus, injunctions or other orders requiring the Service to act in a certain way often issue from the 

District Courts. 

Appeals from the District Court are taken to the Circuit Courts of Appeals. There are 13 circuits. Again, 

decisions of law are binding only upon judges within that circuit. From the Circuit level, appeals are heard by 

the Supreme Court of the United States. Decisions of the Supreme Court are binding upon any court in the United 

States. 

It is important to be aware of the law in your district, circuit, and nationwide. Interpreter Releases, mentioned 

below, usually mentions recent judicial decisions affecting the Service. Internal Service communications and 

transmittals will inform you of decisions affecting your duties. You should read these carefully when you 

receive them and store them for future reference. 

(d) Supplemental Materials. There is a wealth of published materials to guide you through your immigration 

research. In addition to internal Service manuals, materials published for the private immigration bar are 

readily available and can provide significant help. The American Immigration Lawyers Association (AILA) 

publishes several useful items. One of these is Kurzban's Immigration Law Sourcebook. This reference, published 

annually, is a comprehensive guide to immigration law. AILA also publishes monthly mailings updating its 

readers on the latest developments in immigration law, and the AILA Immigration Journal . The journal covers 

recent developments in greater depth. Another significant source of current information relating to immigration 

issues is Interpreter Releases. This periodical is published weekly and provides its readers with the latest 

developments in immigration law. It also contains information about Service policy and procedure and recent 

court cases which may affect your job. 

There are several comprehensive sources of immigration law which are not as timely but cover much more 

material. Immigration Law and Procedure , more commonly referred to as "Gordon and Mailman", after the 

original authors, is an 11-volume overview of immigration law. Although less thorough, Bender's Immigration 

and Nationality Pamphlet is another good starting point. 

Administrative decisions of the Service are also available in published form. The AAU Reporter is published by 

AILA and contains decisions of the Administrative Appeals Unit relating to visa petitions. AILA also publishes 

the BALCA Deskbook, which contains decisions of the Department of Labor's Board of Alien Labor Certification 

Appeals. While these are not Service decisions they are often useful in visa petition cases. Also useful is the State 

Department's Foreign Affairs Manual. Volume 9 deals with visas. 

There are many available materials containing current developments in the law. While not all of these are 

available in every field office, most contain at least one. It is your responsibility to keep up to date on your job 

and the law by looking for these materials and reading them regularly. If you are unaware of changes in the law 

and policy applicable to your job, it is impossible for you to do your job correctly and professionally.


4.4 Factual Research and Service Data Bases. 

You will often be confronted with factual issues in dealing with an application. Most often, facts will arise 

which will lead you to believe that the alien has had prior involvement with immigration which he is not 

disclosing or may not know how to describe. Occasionally, you may believe that an alien has a criminal or 

other record (public assistance, child support, etc.) that may be relevant to your decision, but that information is 

not immediately available. In these situations, you will need to conduct factual research. 

The Service maintains numerous data bases containing information on aliens' immigration histories. Chapters 

31 and 33 of this manual describe internal and interagency systems and contain instructions on how to access 

them. You should familiarize yourself with user's manuals for each system available at your location. You will 

be unable to obtain all the relevant facts without them. It is important to fully and creatively develop a case. You 

should attempt to use as many avenues to gain information as possible. "A" numbers, sound-alike searches, 

names of family members, aliases, misspellings, and cross-searching between different databases should all be 

used to ensure that you obtain all possible information on an individual. As you gain experience, you will 

become more familiar with the various data bases and search systems. It is only by performing thorough 

research that you will be able to fully develop a case and thus fully perform your duties. 

4.5 Uniform Subject Filing System. 

The Service instituted a new Uniform Subject Filing System effective at the beginning of fiscal 1996. The filing 

system is based on a hierarchical structure in which the arrangement of subject categories reflects different 

Service functional activities. Publication M-425 contains the details of the system and is available from your 

regional Forms Transcription and Distribution Center. Familiarity with the new filing system will be essential 

to locating Service records such as policy issuances and significant correspondence from Headquarters 

concerning particular subjects. The prior Service filing system and former files which will be "frozen" and 

maintained, contain the same materials issued prior to fiscal 1996.


Chapter 11: Persons Exempt Inspection. 

References: 

INA: Sections 235, 284, 289. 

Regulations: 8 CFR 235, 289; 22 CFR 41. 

11.1 Inspection and Examination. 

Section 235 of the Act provides for the examination of all persons seeking to enter the U.S. by an immigration 

officer. Once determined not to be a citizen, the applicant will be inspected as an alien. There are, however, 

certain classes of aliens who are specifically exempt inspection and may not be excluded from the United States. 

11.2 Members of U.S. and NATO Armed Forces. 

Alien members of the U.S. military and NATO forces from member nations signatory to Article III of the Status 

of Forces Agreement entering under official orders are exempt the controls of the INA, pursuant to 8 CFR 

235.1(c), including the requirement to present a passport and visa [See also section 284 of the INA.]. Such persons 

returning to the U.S. after a temporary trip are also eligible for this exemption without presenting any official 

orders. A member of the NATO forces with valid identification, stationed in Canada, seeking to enter the U.S. 

for personal reasons may be paroled into the U.S., and no I-94 will be required. Upon request, members of these 

groups may be inspected and admitted pursuant to other provisions of the Act. However, if found inadmissible 

for any other reason, the applicant will be so advised and permitted to enter without controls. 

The following countries are signatory to Article III: Belgium, Canada, Denmark, France, Germany, Greece, Italy, 

Luxembourg, the Netherlands, Norway, Portugal, Spain, Turkey, the United Kingdom of Great Britain and 

Northern Ireland, and the United States. 

Members of the military from other countries are not exempt inspection. If a joint waiver has not been arranged 

in advance between INS and State Department officials, the inspecting immigration officer shall admit such 

military personnel in A-2 classification if the officer is satisfied they fall within the provisions of 22 CFR 41.2(j), 

relating to visa waivers and 41.26, relating to diplomatic visas. Forms I-94, I-193 and fee shall not be required 

for groups who will depart together after a short visit, on the vessel or aircraft on which they arrived. 

11.3 American Indians Born in Canada. 

An American Indian born in Canada, with 50% American Indian blood, cannot be denied admission to the 

United States. The applicant bears the burden of proof in establishing eligibility. Usually, this is accomplished 

by presenting identification such as a tribal certification that is based on reliable tribal records, birth 

certificates, and other documents establishing the requisite percentage of Indian blood. The Canadian Certificate 

of Indian Status (Form IA-1395) issued by the Canadian Department of Indian Affairs in Ottawa specifies the 

tribal affiliation but does not indicate percentage of Indian blood. Membership in an Indian tribe in Canada 

does not necessarily require Indian blood. Once the claim to 50% Indian blood has been established, the 

applicant can freely enter the U.S., regardless of the purpose or duration of the trip, even if technically excludable 

or previously deported. 

If such person is entering to reside permanently in the U.S., Form I-181, Memorandum of Creation of Record of 

Admission for Lawful Permanent Residence, must be executed. The words "Canadian-born American Indian 

admitted for permanent residence" must be endorsed on the I-181. Under the box marked "Other Law" indicate 

section 289 of INA. Complete Form I-89, Data Collection Card, including fingerprint , proper photograph, and 

other required data. The admission classification is S13. An "A" file may be created at the port-of-entry and 

forwarded to the district office for data entry into Central Index or the I-181 and I-89 may be forwarded


directly to the Immigration Card Facility for creation of the file and card production. Issue a temporary I-551 

using Form I-94


Chapter 12: United States Citizens and Other Nationals. 

INA: Sections 101(a)(22), (29), (38), 215, 235, 301 - 310. 

Other laws: Pub. L. 94-241(Covenant for Commonwealth of the Northern Marianas Islands), 48 U.S.C. 

1681; Pub. L. 98-213 (Act of December 8, 1983); Pub. L. 99-239 (Compact of Free Association Act of 1985), 48 

U.S.C. 1901; and Pub. L. 99-658 (Compact of Free Association between the United States and the Government of 

Palau), 48 U.S.C. 1931. 

Regulations: 8 CFR 212.1 (d), 235, 22 CFR 53.1-2. 

12.1 Inspection of U.S. Citizens. 

When you are convinced that an applicant for admission is a citizen of the United States, the examination is 

terminated. This is not to say that your role as an inspector is always completed at that time. Listing of the 

subject in a lookout system may dictate further action, such as notifying Customs or another agency of the 

person's entry. 

It must be emphasized that the grounds of inadmissibility contained in 212(a) of the INA are applicable only to 

aliens. Consequently, the examination of a person claiming to be a United States citizen is limited to matters 

required to establish present citizenship. Once you are satisfied the person being examined is a U.S. citizen and 

any required lookout query has been completed, the examination is over. 

Temporary detention of a U.S. citizen for extensive questioning generally requires reasonable suspicion that the 

person is involved in illegal activity. Inspectors cross-designated to perform Customs inspections may, of course, 

continue questioning for Customs purposes. If probable cause to arrest the U.S. citizen cannot be developed 

within a reasonable period of time, the person must be released. 

It is important to note that although the United States does not formally recognize "dual nationality"; many other 

countries do. It is not unusual to encounter a United States citizen (even native born) bearing evidence of both 

United States citizenship and foreign nationality. For example, a child born in the United States to a foreign 

national may, under the laws of that country, be entitled to its parent's citizenship and be included in the parent's 

passport. Under certain circumstances, that document may be used for identification and entry, if presented in 

conjunction with a birth certificate or other evidence of U.S. citizenship. Specific provisions relating to passport 

requirements for United States citizens are outlined in 22 CFR 53.1 and 2. 

12.2 Evidence of Citizenship. 

Any time documentary evidence of citizenship is required (e.g., when a passport is required of a U.S. citizen 

returning from outside of the Western Hemisphere) or whenever documentation is voluntarily presented by an 

applicant, you should make an effort to review the documents. If there is any question as to the subject's 

citizenship, close scrutiny is necessary to determine that the documents are unaltered, genuine, valid, and belong 

to the bearer. In the instance where documentation is volunteered by an applicant, you should make a cursory 

review of the document(s), even if your preliminary inquiries have allowed you to make a determination of the 

applicant's United States citizenship. A brief review should be made, if for no other reason, because the 

applicant may have gone to considerable effort to obtain a particular document and may feel the Service is 

failing in its responsibility if the document is considered unimportant. 

12.3 Oral Testimony. 

It must be emphasized that in many instances where a United States passport is not statutorily required of an 

arriving citizen applicant, a person may establish United States citizenship by oral statements. The 

recommended question, "Of what country are you a citizen?" is difficult to improve upon. The awkward form of


the question challenges the respondent -- in a subtle way -- to reveal an understanding of the English language. 

Hesitancy and confusion may reflect an unfamiliarity with the language. This type of inquiry demands a 

thoughtful, active response. The psychological advantage of subtly placing the applicant momentarily at a 

disadvantage (requiring the applicant to "think"), is a valuable tool in uncovering false claims to United States 

citizenship. An inquiry such as: "You're all Americans, aren't you?", is far less likely to elicit a useful response. 

12.4 United States Passports. 

(a) General. A United States passport (even if expired) may be accepted as evidence of citizenship in the absence 

of information showing that the holder has expatriated. Service personnel performing inspections of returning 

United States citizens must be familiar with passport requirements and periodically review the Passport Studies 

manuals provided in each Service office. The three types of passports issued by the United States are described 

therein (with frequent revisions of format), and it is incumbent upon you to keep up to date on any changes. 

Essentially, the ordinary passport is issued to a citizen of the United States who is going abroad for personal or 

business reasons. It is valid for a period of ten years from the date of issuance unless specifically restricted to a 

shorter time, in which case the document is usually a "duplicate" issued in replacement of one lost or stolen. 

An official passport is issued to an officer or an employee of the United States Government proceeding abroad 

in an official capacity. Official passports are valid for five years or the duration of the official's duties abroad, 

not to exceed five years. 

A diplomatic passport is issued to a foreign service officer, a person of the diplomatic corps, to a person having 

diplomatic status because of his or her foreign mission, or by reason of the office the bearer holds. There is no 

fixed time limit on the validity of a diplomatic passport other than the limit presupposed by the maintenance of 

the bearer's actual diplomatic status. 

United States passports should be stamped on request of the bearer and in accordance with local policy. 

(b) Travel Restrictions. Periodically, because of national emergencies, the Department of State will place 

restrictions on the use of a U.S. passport for travel to certain countries. If you encounter a citizen who is 

returning from travel to a restricted area, lift the passport and prepare a memorandum to the Department of 

State containing the basic passport data and facts surrounding the travel, and that the passport appears to be 

invalid pursuant to 22 CFR 51.73. Attach a separate sheet containing any details which may be of use to DOS in 

pursuing the matter. Provide the bearer with a copy of the memorandum, but not the separate detail sheet. Mail 

the passport, memorandum, and detail sheet, via certified mail, to: 

Department of State 

Passport/Legal (Room 300) 

1425 K St., NW 

Washington, DC 20522-1705 

(c) Dependents on U.S. passports. A spouse, minor child, or minor unmarried sibling may be included on the 

passport of a U.S. citizen if such spouse, child, or sibling is also a U.S. citizen. In a situation where a passport is 

required for travel, a passport is valid for the reentry of the dependent only if accompanying the principal 

passport holder. A dependent may, however, present such a passport as evidence of citizenship when returning 

from a place where no U.S. passport is required. 

12.5 United States Passport Waivers. 

(a) General. Although primarily charged with the responsibility of determining citizenship, you are required to 

verify the validity of a United States passport when one is required by law. When an applicant fails to present a 

passport or presents an expired document, the immigration officer shall, if satisfied that the person is a United 

States citizen, complete Form DS-1423 in duplicate. Stamp the "action taken" block with your admission stamp 

and endorse it "USC". Give the applicant the duplicate. The original is forwarded to the Department of State. 

No fee is collected by INS; the fee is collected directly by the Department of State. Several persons originally 

included in a single passport could be included on a single waiver.


(b) Merchant Seamen. The passport office has determined that the fee for a passport waiver will not be charged 

in the case of a bona fide U.S. merchant seaman who has lost his or her documents while outside the U.S., 

provided the seaman's status is reflected in the ships Articles and he or she is returning to the U.S. on board that 

vessel. Mark the DS-1423: "Mariner--No Fee" and forward it to the Department of State. 

12.6 Other Documentary Evidence. 

Other common documents that may help to establish United States citizenship include the following: 

1. A Certificate of Naturalization, 

2. A Certificate of Citizenship, 

3. Citizen's identification cards (Service Forms I-179 or I-197), 

4. State Department Certificates of Identity and Registration (Forms FS-225 and FS-225A) [See 

22 CFR 50.9.], 

5. The United States Coast Guard Mariner's Document indicating U.S. nationality (known as a 

Z-card, this document may also be issued to LPRs), 

6. Birth Certificate showing a place of birth in the U.S. accompanied by good identification, and 

7. Baptismal certificates or other forms of secondary evidence of U.S. citizenship. 

Most documented false claims to United States citizenship will be carrying birth certificates, baptismal 

certificates, or both. These documents are most easily obtained, altered, or manufactured. A more detailed 

discussion of false claims to U.S. citizenship is contained in Chapter 17. 

12.7 Loss of Citizenship. 

There are various ways in which a citizen of the United States, whether naturalized or native-born, may lose 

citizenship. During the course of an inspection, you may have reason to question an applicant for admission 

regarding this topic. It is an extremely complex issue, and making such a determination must be carefully and 

thoroughly handled. Sections 349 through 357 of the INA specify the ways in which citizenship can be lost. 

Service regulations for the corresponding sections and Department of State regulations at 22 CFR 50 provide 

information and guidance on the subject. You may find endorsements in U.S. passports which lead to questions 

regarding possible loss of citizenship. For example, Great Britain inserts a Certificate of Partiality in a passport 

to show the holder enjoys the benefits accorded a British subject. Such a certificate, standing alone, does not 

establish an individual's loss of U.S. citizenship. Such evidence should, however, prompt further inquiry by the 

inspecting officer. 

12.8 Non-Citizen Nationals. 

There is a technical distinction between a citizen of the United States and a national of the United States. All 

citizens of the U.S. are nationals, but all nationals are not citizens. The term national of the United States is 

defined in section 101(a)(22) of the INA, and explained in detail in section 308 of the INA. At present, American 

Samoans (including Swains Islanders) are the only United States non-citizen nationals. They will generally 

present a Certificate of Identity showing United States nationality, a United States passport, or a birth certificate. 

Upon admission, stamp the travel document of any American Samoan or Swains Islander, since these 

individuals must establish three months residence in the U.S. for naturalization purposes. 

Section 308 also provides for acquisition of nationality at birth outside the United States or American Samoa for 

a child born to a national of the United States. Prior to 1986 there was no provision for a child born to one 

national and one alien parent. Pub.L. 99-396 (Aug. 27, 1986) amended Section 308 by adding Section 308.4 

which provides for acquisition at birth to those born outside of the U.S. or an outlying possession with one alien 

parent and one national parent. The amendment was unusual in that it made the change retroactive and 

provided that nationality to someone born before the amendment was only acquired when the applicant


established to the satisfaction of the Secretary of State that the requirements of the statute were met. Therefore, 

any person born before August 27, 1986 who claims nationality through one parent must present a United States 

passport showing he or she is a "national." 

12.9 Northern Mariana Islanders. 

The Commonwealth of the Northern Mariana Islands is a former Trust Territory that concluded an agreement 

with the United States. The agreement was concluded in 1976, but did not become effective until November 3, 

1986. The agreement is titled a Covenant to Establish a Commonwealth of Northern Mariana Islands. Public 

Law 94-241 is the implementing statute and the Covenant. 

The Commonwealth of the Northern Mariana Islands is composed of 14 islands with the majority of the 

population residing on Saipan, the capital, Rota, and Tinian. The other islands are: Uracas, Maug, Asuncion, 

Agrihan, Pagan, Alamagan, Guguan, Sarigan, Anatahan, Farallon de Medinilla, and Aguijan. Most of the 

second group are uninhabited except for Pagan due to volcanic activity, but many have been inhabited at one 

time or another. 

During various periods between 1979 and implementation of the Covenant in 1986, citizens of the 

Commonowealth of Northern Mariana Islands were admitted as "though they were citizens of the United 

States." 

On November 3, 1986 the Covenant became effective and under certain conditions Citizens of the Northern 

Mariana Islands became United States Citizens. All persons born in the Commonwealth after November 3, 1986 

are citizens at birth under section 301 of the INA. The Covenant provides for three categories of persons who 

acquired citizenship upon implementation of the Covenant. It should be noted that each category required 

residence in the Commonwealth or the United States at the time of implementation and only one allowed 

residence outside the Commonwealth at the time of implementation. Under the terms of the Covenant a citizen of 

the Trust Territory born in the Northern Marianas but residing in the Marshalls, for example, did not acquire 

citizenship on November 3, 1986 because the Covenant requires residence in the Marianas or the United States. 

Even though not required many of those who became citizens on November 3, 1986 applied for and received U.S. 

Passports. In 1989 the Service had a program for two years that provided for issuance of a Northern Mariana 

Card which is evidence of U.S. citizenship [See 8 CFR 235.12.]. 

A person who claims birth in the Mariana's prior to 1986 and United States Citizenship and who does not 

present a passport or card should be questioned carefully to determine if they meet the conditions in the 

Covenant. The Immigration Offices in Honolulu and Agana, Guam and the United States Passport Office in 

Honolulu are excellent sources for assistance in resolving claims to citizenship. 

12.10 Nationals of Former Trust Territories. 

See Chapter 15.13.


Chapter 13: Returning Residents. 

References: 

INA: Sections 101(a)(13)(C), 211, 212, 215, 216, 216A, 223, 235. 

Regulations: 8 CFR 210.1, 211, 212, 216, 245a.2 

13.1 Inspection of Returning Lawful Permanent Residents (LPRs). 

The primary inspector shall admit a resident alien returning to an unrelinquished domicile, if not otherwise 

inadmissible under section 212(a), upon presentation of an unexpired alien registration card (Form I-551), a 

reentry permit, refugee travel document (indicating lawful permanent residence), or temporary evidence of LPR 

status. The question of whether or not a returning resident is seeking admission as defined in section 

101(a)(13)(C) of the Act or has relinquished his or her domicile is a complex one, and is discussed in Chapter 

13.4. Since all but the earliest version of Forms I-551 are machine readable, conduct an IBIS query, where 

available, to verify the card's continuing validity. 

A returning resident alien is not required to present a valid passport for reentry into the U.S. (see 8 CFR 211.2), 

although most will have one since a passport is often required for entry into a foreign country. When presented, 

the passport should be stamped, endorsed "ARC" or "R/P," as appropriate, and, if not already written on the 

passport, the alien's "A" number should be written on the page with the admission stamp. Review reentry 

permits for restrictions and stamp them with your admission stamp upon admission. Remember that a reentry 

permit does not guarantee admissibility [See section 215(d) of the Act.]. Despite this fact, a reentry permit may 

be accepted by many foreign countries in lieu of a resident alien's national passport. Also, in some instances, a 

foreign country will refuse to place a visa in the passport of another country which it does not officially 

recognize, but it may place the visa in a reentry permit. 

Refugee travel documents may, in some instances, be issued to resident aliens. The class of admission will be 

included on the data page of the document. See Chapter 21.9 for special procedures relating to LPR 

"commuters." 

In addition to considering the general grounds of inadmissibility applicable to returning residents, such as 

public charge, there are several things you should be aware of: 

- an LPR who accepts a position that would qualify the LPR for status as an A, E or G nonimmigrant 

under section 101(a)(15)(A), (E) or (G) may be inadmissible as a permanent resident unless the LPR has waived 

or is willing to waive any special immunities to which the alien would be entitled because of the position that 

would qualify the LPR for status as an A, E or G nonimmigrant. See section 247(b) and 8 CFR 247.11. 

- an LPR who has been outside the United States for more than one year (two, if presenting a reentry 

permit), may have abandoned residence. Other indicators of possible abandonment of residence are 

employment abroad, immediate family members who are not permanent residents, arrival on a charter flight 

where most passengers are non-residents with return passage, lack of a fixed address in the U.S., or frequent 

prolonged absences from the United States. In questionable cases, it is appropriate to ask for other 

documentation to substantiate residence, such as driver's licenses and employer identification cards. 

[Procedures for processing abandonment of residence cases are discussed in Chapter 17.10]; and 

- an LPR who no longer has the qualifying marital or employment relationship upon which his or her 

immigration was originally based may be inadmissible based on fraud. The classification code on the I-551 

will permit you to determine the basis for original admission in order to ask appropriate questions. A table of 

immigrant categories is included in Appendix 13-1 of this manual. 

You must also carefully determine that the individual in front of you is the rightful holder of the alien 

registration card. The attempted use of legitimate Forms I-551 and reentry permits by look-alike imposters is a


common occurrence. Likewise, the Service has uncovered applications for reentry permits submitted by 

look-alikes using valid alien registration cards for identity. 

A thorough knowledge of the security features on the current alien registration cards and reentry permits, and a 

knowledge of detection techniques for photo substitutions will help you detect counterfeit and altered cards. The 

Service provides numerous aids, such as document alerts, to assist you in developing proficiency in this area [See 

discussion in Chapter 32.5.]. When you are faced with a possible fraudulent applicant, it may also be useful to 

question the applicant regarding the basis for his or her original immigration or adjustment of status. Codes 

and explanations of current and past immigrant classifications are included in Appendix 13-1. The nationality 

code included on each alien registration card can also be helpful in verifying if the bearer is the rightful holder 

[See Appendix 13-2]. 

13.2 Returning Residents Lacking Evidence of Alien Registration. 

If you are convinced a returning resident is admissible (normally, because a clear record of current status exists 

in Central Index), but he or she lacks evidence of status, there are several actions you may take during a 

secondary inspection. If the resident will be able to produce the requisite document within a few days, you may 

defer the inspection, following procedures set forth in Chapter 17.10. If permanent alien registration has not been 

received or has been lost or stolen, you may require the filing of Form I-90, Application for Replacement Alien 

Registration Receipt Card, following the procedures outlined below. In all other instances, you may consider a 

visa waiver pursuant to section 211(b) of the Act as discussed in Chapter 17.5. Fine proceedings, discussed in 

Chapter 43, may also be appropriate. 

Where the I-90 procedure is to be used, require the applicant to prepare the form in duplicate. Endorse the 

reverse of both copies with your admission stamp and the notation "Admitted 211(b), to file I-90". Collect the fee 

and one copy of the I-90, routing the I-90 to the alien's "A" file. Note the fee block on the other I-90: "duplicate--fee 

previously collected" and return it to the applicant, advising him or her to obtain proper photos and submit the 

application to the nearest INS office within 30 days. If photos are available, or camera equipment is available at 

the port-of-entry, no duplicate application is required; accept and forward the single I-90 for processing. 

A resident alien who has turned 14 years of age and has not replaced his or her alien registration card should be 

advised of the registry requirements of section 264 of the Act. The Central Index System (CIS) should be queried 

during any secondary inspection, prior to deciding what course of action is appropriate. Evidence of current 

status and the applicant's prior alien registration card history will be available in CIS. 

13.3 Returning Military Dependents. 

The spouse and children of a member of the U.S. Armed Forces, or a civilian employee of the U.S. Government 

(including those paid from non-appropriated funds such as Stars and Stripes or the Army and Air Force 

Exchange System) returning from a foreign assignment are exempt many normal requirements for returning 

residents pursuant to 8 CFR 211.1(a). If a dependent is a conditional resident, and the period of conditional 

residence has expired, the alien should be admitted and advised to file Form I-751 within 90 days. 

13.4 Question of Meaningful Departure. 

Prior to April 1, 1997, if a lawful permanent resident was believed to be inadmissible, you had to first make a 

determination whether his or her absence was "meaningfully interruptive" of permanent residence. This topic is 

the focus of a key court decision, Rosenberg vs. Fleuti, 374 U.S. 449 (1963), as well as Matter of Kane, 15 I&N Dec. 

258 (BIA 1975) and Matter of Montero, 14 I&N Dec. 399 (BIA 1973). The IIRIRA amended section 101(a)(13) of 

the Act to codify into statute several of the issues addressed in Fleuti by defining the terms "admission" and 

"admitted". A lawful permanent resident is NOT considered to be seeking admission unless the alien: 

- has abandoned or relinquished that status; 

- has been absent continuously for more than 180 days;


- has engaged in illegal activity after departing the U.S.; 

- has departed under legal process seeking removal; 

- has committed certain criminal offenses; 

- is attempting entry without inspection; or 

- has entered the U.S. without authorization by an immigration officer. 

If you believe a lawful permanent resident may be inadmissible or no longer entitled to lawful permanent 

resident status, you must first determine whether the alien is seeking admission within the meaning of section 

101(a)(13)(C). If you determine the returning resident is seeking admission, you should refer the alien for 

removal proceedings under section 240 of the Act as an alien inadmissible under section 212(a) of the Act. If you 

determine that the alien is not seeking admission, but may be deportable under section 237 of the Act, you may 

intiate removal proceedings under section 240 of the Act, charging the alien as deportable. Procedures for 

preparing for removal hearings and processing inadmissible LPRs are discussed in Chapters 17.6 and 17.10. 

This subject, especially issues involving possible abandonment or relinquishment of status, is a complex one, and 

may be resolved by the immigration judge during removal proceedings. 

Procedures for preparing for removal hearings and processing inadmissible LPRs are discussed in Chapters 

17.6 and 17.10. Although the charging document, Form I-862, Notice to Appear, is the same for both 

inadmissible and deportable aliens, immigration officers performing inspections at a port-of-entry are 

authorized to issue a Notice to Appear only to arriving aliens, as defined in 8 CFR 1.1(q). If a lawful permanent 

resident is not considered to be seeking admission, he or she is not an arriving alien. If a Notice to Appear is to 

be issued charging the returning resident as a deportable alien, the Notice to Appear must be issued by one of the 

authorizing officers listed in 8 CFR 239.1, such as the ADDE or ADDI, in accordance with local policy. 

The fact that a returning resident may not be considered to be seeking admission does not exempt the alien from 

having to present the required immigration documents to establish that he or she holds that status. Therefore, 

returning residents without proper documents may be subject to the expedited removal provisions of section 

235(b)(1). [8 CFR 211.1 and 235.1(d)(1)]. See Chapter 17.15(e) for procedures for dealing with aliens who claim 

to have been admitted for lawful permanent residence. See also section 240A of the Act concerning authority of 

the Attorney General to cancel removal of LPR aliens with at least seven years continued residence. 

13.5 Returning Residents with SB-1 Visas. 

A returning resident who has been abroad for more than 1 year may be issued an SB-1 visa by an American 

consular officer if the alien's stay abroad was not an abandonment of residence and the alien fully intended to 

return to the United States. The inspecting officer should review the facts surrounding the departure and reasons 

for the time spent abroad. If the officer is convinced the alien is indeed returning to his or her residence, the 

inspection should be concluded. 

The immigrant visa packet (OF-155) is handled somewhat differently than a new immigrant visa. 

If original I-551 is attached: 

- Stamp OF-155 and endorse block with "SB-1"; 

- Write original "A" number on OF-155 under the admission stamp; 

- Enter the airline code and flight number in the appropriate block on the OF-155; 

- Stamp passport with admission stamp and endorse "SB-1"; 

- Return I-551 to applicant or, if the I-551 needs replacement, collect the original and forward it, with a 

completed I-89 (side 2) to the ICF; 

- Endorse the top of the OF-155: "I-551 seen and returned"; and


- Forward visa packet to appropriate files control office. 

If original I-151 is attached: 

- Follow steps 1-4 above; 

- Endorse passport with I-551 stamp, valid for one year, and the code "SB-1"; 

- Destroy I-151, noting the top of the OF-155 with: "I-151 seen and destroyed", your initials, date and 

port code; 

- Process applicant for an original I-551, completing side one of the I-89. Be sure to use the original 

admission data on the I-89, including class, port and date of admission. Never use admission code SB-1; 

- Send I-89 with photo and fingerprint to ICF; and 

- Send file to appropriate files control office. 

If no alien registration card is attached: 

- Follow procedure above; 

- If data for I-89 is missing and cannot be obtained from CIS ADIT trailer, forward a completed I-90 to 

the files control office with the I-89 and SB-1 visa packet; and 

- Defer inspection if no evidence of permanent residence exists in CIS. 

13.6 Readmission of Temporary Residents. 

(a) Aliens already granted temporary resident status. A temporary resident under section 210 of the Act, 

Special Agricultural Worker Program (SAW), with an unexpired Form I-688 who has not relinquished residence 

may be readmitted after an absence of up to 1 year [See 8 CFR 210.4(b)(3) and 211.1.]. Temporary residents 

under section 245a of the Act, Legalization Program, must not have been absent more than 30 days, or an 

aggregate of 90 days since obtaining status, and be returning to an unrelinquished residence [See 8 CFR 

245a.2(n)(3) and 211.1.]. Status information concerning pending cases may be found in CLAIMS or CIS. If 

otherwise admissible, admit the applicant, endorsing the I-94 with the appropriate classification code [For 

complete code listing, see Adjudications Field Manual, Appendix 24-1 ]. 

(b) Aliens who are applicants for temporary resident status. Except as described in subparagraph (c) below, 

holders of Form I-688A, applying under §245a must have an advance parole in order to travel [See 8 CFR 

245a.2(n)(2).]. Such persons attempting reentry without an advance parole should be placed in removal 

proceedings. Holders of Forms I-688A, applying under §210 may travel without an advance parole using their 

unexpired I-688A, after an absence of up to 1 year, provided they are returning to an unrelinquished residence 

[See 8 CFR 210.4(b)(2).]. 

(c) CSS/LULAC class members. Two large groups of legalization applicants are included as plaintiffs in 

ongoing litigation against the Service's regulations administering the legalization program. Members of the 

first group are referred to as "CSS" (Catholic Social Services) cases; members of the second group are referred to 

as "LULAC" (League of United Latin American Citizens), recently renamed "Newman," cases. Although often 

referred to collectively, there are certain distinctions between the two classes. One major distinction concerns 

reentry after travel outside the United States. LULAC plaintiffs, identified in CIS as LU1, may be processed as 

described in (b), above. However, the court has ruled that CSS plaintiffs who have been granted class 

membership, identified in CIS as CS1, may not be placed in removal proceedings, regardless of whether they 

obtained advance permission from INS, if their absence was brief, innocent, and casual. If you encounter a CSS 

applicant who has been granted an advance parole, process as described in (b) above. If you encounter a CSS 

applicant who was not granted an advance parole, you must make a determination whether the departure was 

brief, innocent, and casual. [See discussion in Chapter 13.4.] If the departure was brief, innocent, and casual, 

parole the alien for one year, returning his or her I-688A. If the departure was not brief, innocent, or casual,


process as described in (b). Aliens denied class membership in either case, identified in CIS as LU2 or CS2, are 

not entitled to any benefits from the cases and may be processed in accordance with normal operating 

procedures. 

(d) Zambrano, Perales, IAP, and Proyecto litigation. Class members for these ongoing cases must obtain an 

advance parole, Form I-512, prior to departing the U.S. and may be placed in removal proceedings if they 

attempt reentry without obtaining advance parole authorization. 

13.7 Conditional Residents. 

A conditional resident (CR-1, C5-1 etc.) is admissible if applying before the second anniversary of admission for 

conditional residence. The conditional resident may also be admissible if he or she has a boarding letter from a 

U.S. consulate, has been stationed abroad under government civilian military orders, or is the spouse or child of 

a person stationed abroad under government orders. 

Otherwise, the applicant for admission as a conditional resident must have filed a joint petition or an 

application for waiver, Form I-751 (marriage-based cases) or Form I-829 (investment -based cases), in the U.S. 

within the 90 days before the second anniversary but not more than 6 months prior to the application for entry. 

If none of those conditions exist, the inspector may defer the applicant to file Form I-751 or I-829 if there is reason 

to believe the Service will approve a petition or waiver. 

If the applicant is not admissible, place him or her in removal proceedings. See 8 CFR 235.11.


Chapter 14: New Immigrants. 

References: 

INA: Sections 101(a)(27), 201, 203, 211, 212, 216, 216A, 235. 

Regulations: 8 CFR 211, 216, 221; 22 CFR 42. 

14.1 Inspecting New Immigrant Applicants. 

The primary inspector processing a new immigrant must complete a variety of actions efficiently and accurately, 

since the actions taken are essential steps in creating a permanent record for the arriving alien. Examine the 

immigrant visa carefully to ensure it is valid and unaltered. Generally, an immigrant visa is valid for six 

months from the date of issuance. For immigrants who will lose eligibility because of age, the validity period 

may be shortened. For a child adopted by a U.S. citizen in U.S. Government service abroad, an immigrant visa 

may be issued for a validity of up to three years, until the citizen returns to the United States. Certain persons 

chargeable to Hong Kong may have visas valid until January 1, 2002. Although alteration and counterfeiting of 

immigrant visas is uncommon, such cases have been detected so you should carefully examine each visa 

presented. 

You must verify eligibility for the visa classification indicated on the visa page. There are occasional 

misclassifications by the adjudicator or consular officer processing the visa. If you are unsure of requirements 

for the classification, refer to sections 101(a)(27), 201, or 203 of the INA for definitions and requirements. 

Department of State regulations at 22 CFR 42.73 detail procedures followed by consular officers issuing 

immigrant visas. Normally, you will need to insure that either a qualifying relationship or offer of employment 

continue to exist. In addition, you must assess whether immigrants specified in sections 216 or 216A of the Act 

are admissible for a two-year conditional period. A table of immigrant visa classification codes is included in 

Appendix 13-1 to assist you in determining the requirements of each immigrant category. If a "derivative" 

beneficiary, that is, an immigrant receiving his or her visa based on a visa issued to a spouse or parent, you must 

verify that the principal immigrant is either accompanying the dependent or has previously immigrated. A 

discussion of "accompanying" status is included below in Chapter 14.3. 

Verify that the personal data and address on the front of the visa are correct. This is critical to insure the 

information on the alien registration card is correct and that the new immigrant receives his or her card 

without delay. 

If the immigrant holds or previously held a position which would entitle him or her to diplomatic immunity, 

verify that a waiver of rights and privileges, Form I-508, has been signed. 

An I-94 is not required for a new immigrant. 

A discussion of the medical examination requirements for arriving immigrants is contained in Chapter 17.9. A 

discussion of waivers available for technical problems involving immigrant visas is contained in Chapter 17.5. 

14.2 Passport Requirements. 

Most immigrants are not required to have a valid passport as a condition of admission, but as a practical 

matter the vast majority will have needed a passport for departure from their country of origin and will 

therefore present a passport with the immigrant visa packet. Passport requirements for arriving immigrants are 

specified in 8 CFR 211.2 and should also be indicated by the consular officer on the front of the visa. 

14.3 Inspection of Family Groups. 

When members of a family group arrive together and present themselves for inspection as immigrants, you


should inspect them as a group. You should not admit any member until you are certain each member of the 

group is admissible. This is because an intending immigrant who derives preference status (family based, 

employment based, or special immigrant) as an accompanying spouse or child, or who is charged numerically 

to the foreign state limitation of another family member as specified in section 202(b) of the INA, is inadmissible 

if the principal alien or alien whose foreign state was charged numerically is not admitted. 

The term "accompanying" as used in this context does not necessarily mean that the derivative alien is physically 

accompanying the principal alien. An "accompanying" alien may actually seek admission up to four months 

after the principal has been admitted. An "accompanying" alien may not, however seek admission based on his 

or her derivative status before the principal alien has been admitted [See Matter of Khan, 14 I & N Dec. 122 (BIA 

1972)]. "Accompanying" is defined in 22 CFR 40.1(a), and generally includes any qualifying derivative alien 

issued an immigrant visa within four months of visa issuance, adjustment of status, or registry of the principal 

immigrant. Absent evidence of fraud or error, you should accept the consular official's finding that an alien has 

derived status as an accompanying alien. 

Similar to "accompanying " aliens are those who are "following to join" a principal beneficiary. These aliens are 

permitted to obtain the status of the principal alien so long as the "following to join" alien possesses the required 

spousal or parental relationship with the principal. There is not necessarily any time limit involved so long as 

the required relationship still exists (See 9 FAM 40.1, N.7). The classic example involves the married child or 

child over age twenty-one seeking admission as the unmarried child of an immigrant or as the minor child of an 

immigrant. Because the qualifying relationship no longer exists, the alien cannot "follow to join." It is irrelevant 

that at the time the visa was issued the relationship did exist. Thus, in either the "accompanying" or "following 

to join" situation, you should be careful to verify that the relationship between the principal and dependent aliens 

existed at the time that the principal alien obtained his or her status and continues to exist at the time that the 

derivative alien seeks admission based on that relationship. 

14.4 Immigrant Admission Procedures. 

Once you have determined that an immigrant is admissible, complete the following actions (either on primary 

or secondary, depending on local operating procedures): 

- Stamp the passport and endorse it with the admission class and alien file number (Also stamp the 

"temporary I-551 stamp" in the passport, with a validity period of one year. The file number is indicated in the 

upper right-hand corner of the front page of the packet (OF-155A)). 

- Stamp the OF-155 with the admission stamp (in the admission block) and temporary I-551 stamp (in 

the margin) (endorse the admission block with the admission class and enter the airline code and flight number 

in the appropriate block); 

- Give the alien a copy Form I-357, a leaflet giving useful information and requirements for new 

immigrants [Note: this form is obsolete and is being revised] (If an immigrant is being admitted 

conditionally, remind him or her that an application for removal of conditions must be filed within 90 days of 

the second anniversary of admission); 

- Prepare a Form I-89 with only the signature and fingerprint blocks completed (Insure proper photos are 

attached. Attach the I-89 to the visa package for shipment to the Immigration Card Facility (ICF) in accordance 

with the instructions in the M-226 manual, as modified by Appendix 14-1); and 

- Log the visa data on the Immigrant Visa Log (Follow local procedures for separating out visas 

requiring Public Health Service attention and forwarding visas to the ICF). 

14.5 Admission of Certain Immigrant Children without Immigrant Visas. 

Children may be admitted as new immigrants without presenting an immigrant visa under two circumstances: 

A child born to an accompanying parent after issuance of an immigrant visa to the parent but prior to


the parent's initial admission as an immigrant (XA); or 

A child, under 2 years of age, born during a temporary absence of a lawful permanent resident mother 

if the child is accompanying the parent who is reentering the U.S. as a returning resident for the first time after 

the birth of the child (NA). 

You must establish the relationship between parent and child, generally by a birth certificate (with English 

translation) and, of course, the admissibility of the parent. There have been incidents of attempted fraud in such 

cases, so in doubtful cases, corroborating evidence such as medical records may be required. Verify the mother's 

LPR status using the Central Index System. 

It is important that you properly record the admission of such new immigrants. If you are processing a child 

born subsequent to the issuance of an immigrant visa, use the following admission symbols: 

XE3 Parent is an employment based immigrant; 

XF3 Parent is a family based immigrant; 

XR3 Parent is an immediate relative; or 

XN3 Parent is none of the above. 

A child admitted with a returning resident parent is admitted in class NA3. 

Upon admission, stamp the passport (the parent's passport if the child has none) with the admission stamp and 

endorse it with the admission symbol above. Stamp the "temporary I-551" stamp in the passport. Complete 

Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence. Check the block marked 

"other law" noting either 8 CFR 211.1(a)(1) for XE3, XF3, XR3, or XN3 admissions or 8 CFR 211.1(a)(2) for NA3 

admissions. Place an admission stamp on the right side of the block reserved for use by visa control office and 

endorse it with the appropriate visa symbol. Complete Transaction 1 of Form I-89, including a photograph, and 

forward the I-89, I-181, and copy of the birth certificate to the ICF for creation of the alien file and production of 

the child's alien registration card. Forward a copy of the I-181 to the file of the parent. 

14.6 Conditional Residents. 

Admission procedures for conditional immigrants (based on spouse or investment) are discussed in 8 CFR 

235.11. Procedures are generally the same as for other immigrants, but in spouse cases, if the marriage upon 

which the visa is issued occurred more than 2 years prior to the date of admission, you must admit the alien 

unconditionally, regardless of the visa symbol on the immigrant visa. Conversely, if you encounter an 

immigrant visa classified as unconditional, where the qualifying marriage occurred less than 2 years before the 

date of admission, you must admit the immigrant conditionally. 

14.7 Immigrant Commuters. 

Refer to Chapter 21.9.


Chapter 15: Nonimmigrants and Border Crossers. 


15.2 Passports 

15.3 Visas 

15.4 Requirements and Procedures for Nonimmigrant Classes 

(a) Foreign government officials 

(b) Visitors 

(c) Transits 

(d) Crewmembers 

(e) Traders and investors 

(f) Students 

(g) Representatives to, and employees of, international organizations 

(h) Temporary workers 

(i) Representatives of information media 

(j) Exchange aliens 

(k) Fiancees and fiances of U.S. citizens 

(l) Intracompany transferees 

(m) Vocational students 

(n) Certain special immigrant spouses and children 

(o) Aliens of extraordinary ability 

(p) Artists, athletes and entertainers 

(q) International cultural exchange visitors 

(r) Religious workers 

(s) Confidential witnesses and informants 

(t) NATO employees 

15.5 NAFTA Admissions 

15.6 Transit without Visa Admissions 

15.7 Visa Waiver Pilot Program 

15.8 Guam Visa Waiver Program 

15.9 Border Crossing Card (BCC) Admissions 

15.10 Entry of Nonimmigrant Workers during Labor Disputes 

15.11 Special Interest Aliens 

15.12 Correction of Erroneous Admissions 


15.14 Hong Kong Travel Documents 

References: 

INA: Section 101(a)(15), 212, 214, 217, 231, 232, 233, 235. 

Other law: Pub. L. 99-396 (Omnibus Territories Act). 

Regulations: 8 CFR 212, 214, 231, 232, 233, 235; 22 CFR 41. 

15.1 General Considerations. 

(a) As a primary inspector, the majority of your customers will be nonimmigrants. You must be thoroughly 

familiar with the requirements for admission of the many nonimmigrant classes you encounter in order to 

function effectively as an inspector. Familiarity with the requirements for various categories will increase your 

efficiency in detecting inadmissible aliens and will accelerate the admission process for those who meet the 

necessary requirements. 

(b) Preparation of Forms I-94 and other Service documents. (1) General. You perform a vital role in creating


an accurate record of admission, the basis for all further immigration-related activity which a nonimmigrant 

may engage in while in the United States. Your processing of the basic arrival record, Form I-94, and other 

documents you encounter during the inspection process is a critical part of the Service's system of records. It is 

important that you properly record relevant notations such as file numbers, waivers, and restrictions on 

admission such as maintenance of status and departure bonds in the appropriate places on Service forms. With 

the growth of automated systems and associated data entry contracts, precise adherence to standards for entries 

on these forms is critical to creating reliable databases. 

The specific requirements for issuing an I-94 are set forth in 8 CFR 235.1. The I-94 may be issued for a single 

entry, or it may be valid for multiple entries for frequent border crossers . See Chapter 21.8. Special editions of 

Form I-94 are required for Transit Without Visa aliens (Form I-94T) and Visa Waiver Pilot Program aliens 

(Form I-94W). The proper editions must always be used for each category. 

(2) Special Endorsements. The reverse of Form I-94 contains a series of blocks which must be 

completed by the inspecting officer in certain instances. Specific requirements are included below, in the 

discussion of each nonimmigrant category. Since this information is entered into the Service's automated 

records, which is used for a variety of reports to Congress and others, accurate entry of data into these fields is 

important. The following table explains the usage of each block. 

# Block Title Usage 

18 Occupation Complete for principal H, J, L, O, P, Q, and R 

19 WaiversInsert section of law for any type of waiver granted 

20 INS file Insert any known"A"number 

21 INS FCOInsert FCO, when known 

22 Petition Number Complete for H, L, O, P, and Q principals 

23 Program NumberComplete for J-1 

24 Bond Check block if bond posted 

25 Prospective Check block if B-2 has visa so noted by student AMCON 

26 Itinerary/Comments Various (see notes for each nonimmigrant class) 

(3) Exemptions from I-94 Requirements. An I-94 is not required for the following classes of 

nonimmigrants: 

(A) A nonimmigrant described in 8 CFR 212.1(a) or 22 CFR 41.33 admitted as a visitor for pleasure or 

business or in transit through the U.S.; 

(B) A nonimmigrant alien residing in the British Virgin Islands admitted solely to the U.S. Virgin 

Islands for business or pleasure under 8 CFR 212.1(b); 

(C) A Mexican national seeking admission for business or pleasure, within 25 miles of the Mexican 

border, for less than 72 hours, who holds either a valid Mexican Border Crossing Card (any form) or valid 

Mexican passport and multiple entry B-1 or B-2 visa; 

(D) A Mexican national, holder of a diplomatic or official passport, as described in 8 CFR 212.1(c-1). 

You will handle other Service documents which are used as primary data entry documents, notably for 

employment authorization and alien registration. In any situation where you are required to enter data on such 

forms or capture a signature specimen, fingerprint or photograph, review the materials carefully to insure full 

compliance with the specifications for the form. Historically, the Service has had a high rejection rate for such 

forms, resulting in extra work for the agency and serious inconvenience for its customers. Take the time to 

review data collection forms before the applicant leaves the area. Periodically review data collection 

procedures to insure full compliance with set standards. 

(4) Departure I-94 in Passport of Arriving Passenger. If an arriving nonimmigrant arrives with an 

unexpired I-94 which will not be replaced during the course of the inspection as discussed in Chapter 15.3(b), 

readmit for the time remaining. Otherwise, remove the form from the passport, endorse the back with your 

admission stamp, and forward it for data entry. 

(c) Procedures for Processing I-94s. All arrival I-94 forms collected by Service officers and departure I-94


forms collected by carrier personnel (or, at land borders directly by the Service) must be promptly routed for 

data entry to the Service contractor. See handling procedures in Chapters 21.8 (land), 22.7 (airport), and 23.4 

(seaport). 

15.2 Passports. 

Except where specifically exempted, each arriving nonimmigrant must present a valid passport. Generally, a 

passport (defined in section 101(a)(30) of the Act) must be valid for 6 months beyond the period of initial 

admission [See section 212(a)(7)(B) of the Act and 8 CFR 214.1(a)(3).]. There are a number of countries with 

which the Department of State has concluded agreements providing for return of the holder to his or her country 

of origin up to 6 months beyond the nominal expiration date of the passport. If a country is listed on this 

"6-month" list, his or her passport needs to be valid only until the date to which the alien is being admitted. The 

"6-month" list is contained in Appendix 15.2. General passport requirements and exceptions are discussed in 8 

CFR 212.1 and 22 CFR 41.1. 

In addition to determining the validity of each passport presented, you must inspect the document to determine 

if it has been altered through data eradication, photo substitution, page substitution, or counterfeiting. The 

Service makes available various passport studies to assist you in this process. These should be available at 

ports-of-entry for your reference. Instances of passport fraud often occur in batches. Thorough examination of 

each document is not possible in the time allocated for primary inspection. Use local port intelligence for trends 

to assist you in focusing on documents with a high probability of fraud. 

Ordinarily, Service officers may endorse the passport of a nonimmigrant applicant for admission only with the 

admission stamp and specifically authorized notations such as those specified in Chapter 15.3(d), or notations 

which cancel a visa, when INS officers are specifically empowered to do so. Additional unauthorized passport 

notations must be avoided. 

15.3 Visas. 

(a) General. With certain exceptions, each arriving nonimmigrant must present a valid visa. The exceptions are 

specified in 8 CFR 212.1 and 22 CFR 41.1 and discussed below. As with passports, you must examine each visa 

for alteration, photo substitution, or page substitution. There are several styles of nonimmigrant visas currently 

in circulation. Most common are the red, green, and blue "Burroughs-style" visas and the newer 

Machine-Readable Visa (MRV). Visas issued by most consular posts indicate "bearer(s)" while those at high 

fraud posts will specify the name of the person to whom the visa was issued. The INS Intelligence Office 

periodically releases document alerts to help identify genuine visas as well as recently encountered counterfeit 

and altered visas. These should be readily available at ports-of-entry for reference. Refer to Chapter 32 for a 

detailed description of available intelligence services. Appendix 15-6 includes a list of consular posts and the 

dates on which they converted to the MRV format. 

(b) Automatic revalidation. Some nonimmigrants reentering the U.S. from Canada or Mexico (and, for students 

(F) and exchange visitors (J) and their dependents, adjacent islands except Cuba) after an absence of 30 days or 

less are eligible for automatic revalidation of their visas under certain circumstances. Specific requirements and 

restrictions are outlined in 8 CFR 214.1 and 22 CFR 41.112. A nonimmigrant readmitted pursuant to this 

provision need not be given a new I-94 since he or she will still have the unexpired original. If an F or J alien 

otherwise eligible for readmission under this provision does not have his or her original I-94, prepare a new I-94 

but insert the original admission number (from Form I-20) on any F-1 readmission. 

(c) Valid visa in expired passport. An applicant for admission may use a valid visa in an expired passport, 

provided he or she also presents a valid passport. The new, valid travel document need not be issued by the 

same authority which issued the document containing the valid visa. For example, an alien may present an 

expired Hong Kong Certificate of Identity with a valid nonimmigrant visa plus a valid Hong Kong Special 

Administrative Region passport. See 22 CFR 41.112. 

(d) Admission procedures. Nonimmigrant visas may be issued for single entry, a specified number of entries or 

multiple entries during the period of validity. Upon admission of single or specially limited entry visas, place


your admission stamp on the visa page or the adjacent page to indicate its use. Visas issued at some high-fraud 

posts use a counterfoil (a thin, finely printed label, glued into the passport before the visa is stamped) beneath the 

Burroughs-style visa stamp, partially covering the visa stamp and extending to the adjacent passport page. On 

the first admission, place your admission stamp so that part of the stamp impression touches the counterfoil. 

This will complicate any attempted alteration. No other endorsement of the admission stamp is authorized 

except the file number for a "K" alien, the I-94 number for an "F" and "M" alien, and, where the admission stamp is 

placed in a new passport and the visa is in an expired passport, the admission class and a notation indicating 

the original visa number, consulate, and date of issuance. A list of countries whose nationals are considered to 

have a "common nationality with nationals of Canada" as required in 8 CFR 212.1(a) is contained in Appendix 

15-7. 

(e) Visa notations. 

(1) General. Some nonimmigrant visas will bear a notation from a consular official. The notations are 

intended to provide you with additional information upon which to base your inspection. You are not bound by 

conditions set forth in these informal notations, but they may well influence your decision. Common notations 

include proposed destinations within the U.S., port-of-entry restrictions, and duration of stay. Specific notations 

relating to certain visa categories are discussed below, in the sections relating to each nonimmigrant category. 

(2) IBIS notations. The notation "IBIS OK" on a visa issued after 7/1/91 is an indication that the 

consular officer identified a match or near match when the subject's name was queried in the lookout system. 

Regardless of this notation, telephonic notification to Headquarters, Inspections, at (202) 514-4034, is required if 

the case code is "000", "TIP", "T89", or "T92." Complete Form I-160 for a lookout intercept in such cases, 

regardless of action taken. Notification of Headquarters may be accomplished after admission of the alien by 

the inspecting officer. 

(3) PR/VI limitations. An alien who is admitted solely to Puerto Rico or the Virgin Islands, based on a 

notation on his or her nonimmigrant visa, may be permitted to travel to other parts of the U.S. upon bonafide 

request. The inspecting officer should note this authorization on the reverse of the I-94. 

(4) Restrictions for certain United Nations visitors. Certain nonimmigrants inadmissible pursuant to 

provisions of section 212(a)(3) may have restricted visas permitting travel only to the immediate area of the 

United Nations (within 25 mile radius of Columbus Circle, NY). Deviations from this itinerary are permitted in 

connection with confirmed departure reservations and if the alien has any required visa for entry into the 

country to which he or she is destined. The District Director, New York City, may relax such restrictions in an 

individual case, upon consultation with the Visa Office of the Department of State. Such aliens are issued Form 

ER-142. 

(f) Revocation or Cancellation by INS officers. (1) Revocation. In specific instances, INS officers are delegated 

authority to revoke valid nonimmigrant visas issued by the Department of State. These are specified in 22 CFR 

41.122 and discussed further in Chapter 17. 

(2) Cancellation of old indefinite visas. The Department of State has revoked all indefinite 

"Burroughs-style" nonimmigrant visas which are more than 10 years old. Refer to secondary the holder of such 

visa, other than a border crossing stamp. These visas are being phased out and replaced with the new 

Machine-Readable Visas (MRV) and are to be canceled upon the admission of the holder. When a visa is 

canceled in this manner, give the alien a copy of the Department of State's announcement concerning the program. 

Endorse the passport, next to the canceled visa, "Revoked pursuant to section 221(i) of the INA--Canceled 

without Prejudice." An exception to the cancellation requirement is permitted only when the alien is planning to 

leave and reenter the U.S. within a few days. Until further notice, readmit, without application or fee, persons 

whose visas were previously canceled under this program. A list of countries whose nationals may, prior to 

May 5, 1997, have been issued indefinite visas, is included in Appendix 15-2. 

(3) Cancellation of visas voided pursuant to section 222(g). [Reserved] 

(g) Aliens residing in Canada or Bermuda. The waiver of passport and visa requirements provided by 8 CFR 

212.1(a) is applicable to citizens of Canada , as well as "landed immigrants" of Canada who are citizens of the 

following former British Commonwealth countries: Antigua and Barbuda, Australia, Bahamas, Bangladesh, 

Barbados, Belize, Bermuda, Botswana, Brunei, Cyprus, Dominica, Gambia, Ghana, Grenada, Guyana, India,


Ireland, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Namibia, Nauru, New 

Zealand, Nigeria, Papua New Guinea, Pakistan, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, 

Solomon Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Uganda, United 

Kingdom (including colonies, territories and dependencies such as Hong Kong), Western Samoa, Zambia, and 

Zimbabwe. The waiver is not available to the bearer of a Certificate of Identity or other "stateless person's" 

document issued by the governments of the above countries as such person is not considered a national of the 

country that issued the document. In addition, British subjects and their families attached to various Canadian 

and British government organizations in Canada, including the military, though not "landed immigrants" may 

be regarded as residents of Canada. All foreign trainees in Canada under the auspices of the International 

Development Assistance Programme will have in their possession an identity card issued by the Canadian 

International Development Agency. Students or trainees who are nationals of the countries named above may be 

admitted upon presentation of a valid identity card and a passport (for identification purposes). Such persons 

must present evidence of Canadian citizenship or proof of landed immigrant status (a valid passport or, if not 

traveling outside the Western Hemisphere, an expired passport). 

A "Landed Immigrant" in Canada who does not qualify for the waiver of passport and visa requirements 

provided by 8 CFR 212.1(a) who seeks admission from Canada, or from Mexico if he has visited no countries 

other than Mexico and the U.S. since departing Canada, as a visitor for business or pleasure may be admitted on 

presentation of a Canadian border crossing identification card issued by an American consular officer pursuant 

to 22 CFR 41.33, in lieu of a B-1/B-2 nonimmigrant visa, in a passport issued by the government of the country of 

his or her nationality or a certificate of identity, whether valid or expired, which contains evidence of status as a 

"Landed Immigrant" in Canada [See also Chapter 15.9]. 

An alien arriving from the Cayman Islands or the Turks and Caicos Islands on a flight which stopped at a 

foreign place while en route to the U.S. but who did not disembark from the aircraft and continued in direct 

transit on board the aircraft to the U.S. is considered to be "arriving directly" as required by 8 CFR 212.1(a). 

(h) Adjacent Islands. This term is defined in section 101(b)(5) of the Act. Cuba is excluded only when the 

specific reference so states. For purposes of 8 CFR 212 only, the term includes both Surinam and French Guiana. 

15.4 Requirements and Procedures for Nonimmigrant Classes. 

Each nonimmigrant class has specific restrictions and requirements. Below is a summary of the specific 

requirements for each. Specific definitions for nonimmigrant classes are included in section 101(a)(15) of the 

Act, and limited by sections 212(m) and (n) and 214 of the Act. 

(a) Foreign government officials. 

(1) Classification: A-1 Ambassador, public minister, career diplomatic or consular officer, and 

members of the immediate family. See also section 102 of the Act. 

Documents required: Passport valid only to date of application for admission. Nonimmigrant visa (A-1). 

Qualifications: Must be an individual listed in the general description. Inadmissible only under section 

212(a)(3)(A), (B), or (C) of the Act. See section 102 of the Act. 

Terms of admission: Admit A-1 for Duration of Status. 

Notations on I-94: A-1, D/S 

Special notes: 

(A) Presumption of eligibility. Presentation of an A-1 visa is prima facie evidence that the alien is 

entitled to that status. 

(B) Dependents. For A-1 nonimmigrants, dependents are entitled to the same classification as the 

principal. "Dependents" include more than just the spouse and children. See definition of "Immediate family" in 

22 CFR 41.21. Dependent employment may be authorized under 8 CFR 274a.12(c) and 214.2(a).


(C) Temporary assignments. "TDY" noted on the NIV after "A-1" means the alien is on temporary 

assignment of 90 days or less - admit D/S. Note "TDY" in block 26 on the reverse of the I-94. 

family. 

(2) Classification: A-2 Other foreign government official or employee, and members of the immediate 

Documents required: Passport valid only to the date of application for admission. Nonimmigrant visa (A-2). 

Qualifications: Must be an individual listed in the general description. Inadmissible only under section 

212(a)(3)(A), (B), or (C). See section 102 of the Act. 

Terms of admission: Admit A-2 for duration of status. 

Notations on I-94: A-2, D/S 




(B) Canadian military personnel. A-2 category may include Canadian military personnel on 

temporary assignment in the U.S. and not traveling on NATO orders. 

(C) Dependents. For A-2 nonimmigrants, dependents are entitled to the same classification. 

"Dependents" include more than just the spouse and children. See definition of "Immediate family" in 22 CFR 

41.21. Dependent employment may be authorized under 8 CFR 274a.12(c) and 214.2(a). 

(D) Temporary assignments. "TDY" noted on the visa after "A-2" means the alien is on temporary 

assignment of 90 days or less - admit D/S. Note "TDY" in block 26 on the reverse of the I-94. 

(3) Classification: A-3 Attendant, servant, or personal employee of A-1 and A-2 nonimmigrants, and 

members of their immediate family. 

Documents required: Passport must be valid for 6 months beyond authorized admission. Nonimmigrant visa 

(A-3). 

Qualifications: Subject to all grounds of inadmissibility applicable to nonimmigrants. 

Terms of admission: Admit as A-3 for a period not in excess of three years. 

Notations on I-94: A-3, (date to which admitted). Note employer's name in block 26, on the reverse of the I-94. 




(B) Dependents. For A-3 nonimmigrants, dependents entitled to the same classification include more 

than just the spouse and children. "Immediate family" is defined in 22 CFR 41.21. 

(C) Attendants and personal servants defined. The terms "attendants" and "personal employees" are 

defined in 22 CFR 41.21. 

(b) Visitors. 

(1) Classification: B-1 Visitor for business. 

Documents required: Passport valid for a minimum of 6 months beyond the period of admission unless


otherwise provided for or waived. Nonimmigrant B-1 visa unless waived. 

Qualifications: Alien has a residence in a foreign country which he or she does not intend to abandon. Subject 

to all nonimmigrant grounds of inadmissibility. Alien intends to enter the U.S. for a temporary visit to engage 

in legitimate activities relating to business. Applicant has made financial arrangements to carry out the purpose 

of the visit and depart the United States. 

Terms of admission: Maximum admission is 1 year. A B-1 will be admitted for a period of time which is fair 

and reasonable for completion of the purpose of the visit. Extensions are permitted in increments of 6 months (1 

year for missionaries). 

Notations on I-94: B-1 (date to which admitted). If seaman joining vessel, enter vessel name on reverse. 


(A) Restricted admission period. Arbitrarily small admission periods needlessly increase the volume 

of extension applications and should be avoided. Ordinarily, B-1 admission should be granted for the time 

requested or longer, in order to reduce needless extension requests. 

(B) Determining eligibility. Consider the source of remuneration and also the actual place of accrual of 

profits for services rendered by an alien in determining whether an alien is classifiable as a B-1 (See Chapter 

15.5 for special NAFTA B-1 instructions). Each of the following has been determined to be permissible B-1 

activity if the alien is to receive no salary or other remuneration from a U.S. source (other than an expense 

allowance or other reimbursement for expenses incidental to the temporary stay): 

(1) An alien coming to the U.S. to: engage in commercial transactions (i.e., buying or selling) which do 

not involve gainful employment in the US; negotiate contracts; consult with business associates, including 

attending meetings of the Board of Directors of a U.S. corporation; litigate; participate in scientific, educational, 

professional, or business conventions, conferences, or seminars; or undertake independent research; 

(2) An alien coming to engage in activities that would be classifiable under H-3 except that there is no 

U.S. employer involved, and is either studying at a foreign medical school and is seeking to enter the U.S. 

temporarily to taken an "elective clerkship" (practical experience and instruction in the various disciplines of the 

practice of medicine under the supervision and direction of faculty physicians) at a U.S. medical school's 

hospital without remuneration from that hospital or undertaking training at the behest of a foreign employer by 

whom the alien is already employed abroad and from whom the alien will continue to receive his or her salary 

while in training in the United States; 

(3) An alien coming to install, service, or repair commercial or industrial equipment or machinery 

purchased from a company outside the U.S. or to train U.S. workers to perform such services. (However, in such 

cases the contract of sale must specifically require the seller to provide such services or training, and the alien 

must possess specialized knowledge essential to the seller's contractual obligation to perform the services or 

training and must receive no remuneration from a U.S. source. These provisions do not apply to an alien seeking 

to perform building or construction work, whether on-site or in-plant except for an alien who is applying as a 

B-1 for the purpose of supervising or training other workers engaged in building or construction work, but not 

actually performing any such building or construction work); 

(4) A professional athlete, such as a golfer or tennis player, who receives no salary or payment other 

than prize money for his or her participation in a tournament or sporting event; 

(5) An athlete or team member who seeks to enter the U.S. as a member of a foreign-based team in order 

to compete with another sports team (provided: the foreign athlete and the foreign sports team have their 

principal place of business or activity in a foreign country; the income of the foreign based team and the salary of 

its players are principally accrued in a foreign country; and the foreign based sports team is a member of an 

international sports league or the sporting activities involved have an international dimension); 

(6) An amateur team sports player who is asked to join a professional team during the course of the 

regular professional season or playoffs for brief try-outs (The teams may provide only for such expenses as 

round-trip fare, hotel room, meals, and other try-out transportation costs);


(7) A professional entertainer coming to: (i) participate only in a cultural program sponsored by the 

sending country; who will be performing before a nonpaying audience; and all of whose expenses, including per 

diem, will be paid by the member's government; or (ii) participate in a competition for which there is no 

remuneration other than a prize (monetary or otherwise) and expenses; 

(8) Crewman of a private yacht, regardless of the nationality of the private yacht, provided the yacht 

will be sailing out of a foreign home port and cruising in U.S. waters; 

(9) An alien coming to perform his or her responsibilities as a "coasting officer" (A coasting officer is 

used when an officer of a foreign vessel is granted home leave while the vessel is in U.S. ports. The vessel does 

not remain in U.S. waters for more than 29 days, and the original officer returns in time to depart with the 

vessel. The coasting officer may then repeat the process with another vessel of the same foreign line); 

(10) An alien seeking investment in the U.S. which would qualify him or her for E-2 status (Such alien 

is precluded from performing productive labor or from actively participating in the management of the business 

prior to being granted E-2 status); 

(11) An alien performing services pursuant to the Outer Continental Shelf Lands Act Amendments of 

1978 (The consular officer will annotate "OCS" on the B-1 visa). Alien construction workers who are entering to 

work from a derrick barge to construct an oil platform on the outer continental shelf are considered to man and 

crew the barge, not the platform. Foreign-owned barges are exempt from the requirements of 43 U.S.C. 

1356(a)(3) which requires that any vessel, rig, platform, or structure used in regulated operations on the outer 

continental shelf be manned or crewed by U.S. citizens or lawful permanent residents. The Immigration and 

Nationality Act does not apply to aliens who are manning or crewing foreign-owned derrick barges on the outer 

continental shelf. Such aliens passing through the U.S. enroute to the outer continental shelf must have an 

appropriate visa, usually a B-1 visa. ( In 1997, the Supreme Court denied certification of a D.C. circuit court 

decision on this issue); 

(12) A personal or domestic servant who is accompanying or following to join a U.S. citizen employer 

who has a permanent home or is stationed in a foreign country, and who is visiting the U.S. temporarily, 

provided the employer-employee relationship existed prior to the commencement of the employer's visit to the 

United States; 

(13) A personal or domestic servant who is accompanying or following to join a U.S. citizen employer 

temporarily assigned to the United States (The consular officer will annotate "personal or domestic servant of 

U.S. citizen (employer's name)" on the B-1 visa); 

(14) A personal or domestic servant who is accompanying or following to join a foreign employer who 

seeks admission into or is already in the U.S. in B, E, F, H, I, J, L, M, O, P, or R nonimmigrant status (The consular 

officer will annotate "personal or domestic servant of nonimmigrant alien (employer's name)" on the B-1 visa); 

(15) An alien seeking to enter the U.S. for employment with a foreign airline engaged in international 

transportation of passengers and freight in an executive, supervisory, or highly technical capacity who meets the 

requirements for E visa classification but is precluded from entitlement to E classification solely because there is 

no treaty of friendship, commerce, and navigation in effect between the U.S. and the country of the alien's 

nationality or because he or she is not a national of the airline's country of nationality; 

(16) An alien coming to perform services on behalf of a foreign based employer as a jockey, sulky 

driver, trainer, or groom (Such alien is not allowed to work for any other employer); 

(17) An alien coming to open or be employed in a new branch, subsidiary, or affiliate of the foreign 

employer, if the alien will become eligible for status as an L-1 upon securing proof of acquisition of physical 

premises; 

(18) An employee of a foreign airline coming to pick-up aircraft if he or she is not transiting the U.S. 

and is not admissible as a crewman (The alien must present a letter from the foreign airline verifying the 

employment and official capacity of the applicant in the United States);


(19) An alien coming exclusively to observe the conduct of business or other professional or vocational 

activity, provided the alien pays for his or her own expenses; 

(20) An alien coming to participate in any program of furnishing technical information and assistance 

under section 635(f) of the Foreign Assistance Act of 1961 (75 Stat. 424); 

(21) An alien coming to participate in the training of Peace Corps volunteers or coming under contract 

pursuant to sections 9 and 10(a)(4) of the Peace Corps Act (75 Stat. 612), unless the alien qualifies for "A" 

classification; 

(22) An alien coming to participate in the United Nations Institute for Training and Research 

(UNITAR) internship program, who is not an employee of a foreign government; 

(23) An alien coming to plan, construct, dismantle, maintain, or be employed in connection with 

exhibits at international fairs or expositions if he or she is an employee of a foreign exhibitor and is not a foreign 

government representative and does not qualify for "A" classification; and 

(24) An alien coming to participate in a voluntary service program benefiting U.S. local communities, 

who establishes that he or she is a member of and has a commitment to a particular recognized religious or 

nonprofit charitable organization and that no salary or remuneration will be paid from a U.S. source, other than 

an allowance or other reimbursement for expenses incidental to the volunteer's stay in the United States. (The 

alien must present to the officer a written statement indicating his or her name, date and place of birth, the 

foreign permanent residence address, the name and address of initial U.S. destination, and anticipated duration 

of assignment). 

(C) Representative from the Vatican. It was formerly the case that the representative to the United 

States from the Holy See was known as an Apostolic Delegate, since the United States and the Holy See did not 

have formal diplomatic relations. Members of the Apostolic Delegation were issued B-1 visas, and admitted 

B-1 D/S. Since the United States and the Holy See now do have formal diplomatic relations, the Mission of the 

Holy See is now a Nunciature, which is the equivalent to an Embassy. Aliens who are assigned to the Nunciature 

in positions that qualify for an A nonimmigrant status should be admitted as provided in the discussion of A 

nonimmigrant admissions. 

(2) Classification: B-2 Visitor for pleasure. 

Documents required: Passport valid for a minimum of 6 months beyond the period of admission, unless 

otherwise provided for or waived. Nonimmigrant visa (B-2) unless waived. 

Qualifications: Has a residence in a foreign country which the alien does not intend to abandon. Subject to all 

nonimmigrant grounds of inadmissibility. Intends to enter the U.S. for a temporary visit. Will engage in 

legitimate activities relating to pleasure. Has made financial arrangements to carry out the purpose of the visit 

to, and departure from, the United States. 

Terms of admission: Maximum admission is 1 year. If admissible, a B-2 is generally admitted for 6 months. 

Notations on I-94: B-2, (date to which admitted). 


(A) Minimum admission period. Unless specifically authorized by a supervisory inspector, the 

admission period shall be no less than 6 months. 

(B) Determining eligibility. If otherwise admissible, admit the following as B-2: 

(1) An alien coming for purposes of tourism or to make social visits to relatives or friends; 

(2) An alien coming for health purposes; 

(3) An alien coming to participate in conventions, conferences, or convocations of fraternal, social or


service organizations; 

(4) An alien coming primarily for tourism who also incidentally will engage in a short course of study; 

(5) An amateur coming to engage in an amateur entertainment or athletic activity, even if the incidental 

expenses associated with the visit are reimbursed; 

(6) A dependent of an alien member of any branch of the U.S. Armed Forces temporarily assigned to 

duty in the United States; 

(7) A dependent of a category "D" visa crewman who is coming to the U.S. solely for the purpose of 

accompanying the principal alien; 

(8) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien, if the 

purpose of the visit is to accompany or follow to join the spouse or parent for a temporary visit; 

(9) A dependent of a nonimmigrant who is not entitled to derivative status, such as in the case of an 

elderly parent of an E-1 alien; 

(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a 

residence abroad soon after the marriage; 

(11) An alien coming to meet the alien's fiancé(e)'s family (to become engaged; to make arrangements 

for a wedding; or to renew a relationship with the prospective spouse); 

(12) A spouse married by proxy to an alien in the U.S. in a nonimmigrant status who will apply for a 

change of status after consummation of the marriage; 

(13) An alien who is entitled to the benefits of section 329 of the Act (Naturalization) and who seeks to 

take advantage of such benefits irrespective of the foreign residence abroad requirement of section 101(a)(15)(B); 

(14) A dependent of an alien member of the U.S. Armed Forces who qualifies for naturalization under 

section 328 of the Act and whose primary intent is to accompany the spouse or parent on the service member's 

assignment to the United States; 

(15) An alien destined to attend courses for recreational purposes; or 

(16) An alien seeking to enter the U.S. in emergent circumstances, when he or she is otherwise entitled to 

lawful permanent resident status. For example: a permanent resident alien employed by a U.S. corporation is 

temporarily assigned abroad but has necessarily remained more than 1 year and may not use Form I-551 in 

order to travel to the U.S. for an emergency and then return abroad. The alien has never relinquished permanent 

residence, has continued to pay U.S. income taxes, and perhaps even maintains a home in the United States. The 

alien may be issued a nonimmigrant visa for this purpose and Form I-551 need not be surrendered. 

(C) Prospective students. You may encounter an applicant for admission with a B-2 visa noted 

"prospective student." Such a visa is issued to an alien who is otherwise eligible for F-1 status but who has not 

selected a school and obtained an I-20. If otherwise admissible, admit the alien for 6 months and note the I-94 

"prospective student." Advise the alien to apply for a change of status on Form I-539 as soon as the I-20 is 

obtained. 

Occasionally, you may encounter an applicant who, in good faith, presents a B-2 visa but intends to attend 

school. Before denying admission, consider all circumstances surrounding the case, such as the reasons for not 

getting a student visa abroad, financial ability, and any possibly fraudulent activity on the part of the alien. If 

you are satisfied the alien is otherwise bona fide, defer inspection to allow the applicant to obtain an I-20 and any 

other required documentation and apply for a visa waiver. 

(c) Transits. 

(D) "VISAS 93" notation. See Chapter 16.2 for special admission procedures.


(1) C-1 Aliens in transit through the United States. 

Documents required: Passport valid for 6 months beyond the date to which admitted, unless exempt. 

Nonimmigrant visa (C-1), unless exempt. 

Qualifications: Alien must be coming for transit through the United States. All nonimmigrant grounds of 

inadmissibility apply. Must have sufficient funds, ticket or other means for travel, and permission to enter 

foreign country. 

Terms of admission: Admit C-1 up to a maximum of 29 days. 

Notations on I-94: C-1, (date to which admitted). 


(A) Limitations: Not eligible for extension of stay. Not eligible for change of status; and 

(B) Crewmembers in Transit. If C-1 visa is issued to a crewmember joining a vessel, review letter from 

shipping line to insure the validity of the request. Admit such crewmembers for 29 days, since many vessels do 

not leave U.S. territory immediately. 

(2) Classification: C-2 Alien in transit to the United Nations Headquarters District. 

Documents required: Passport valid only until the date of admission. Nonimmigrant visa (C-2). 

Qualifications: Must be coming to the U.S. to proceed directly to the immediate vicinity of the United Nations 

Headquarters District. Inadmissible only on 212(a)(3)(A), (B), and (C), and 212(a)(7)(B). 

Terms of admission: Admit C-2 for duration of status at the United Nations. 

Notations on I-94: C-2, D/S at U.N. 

Special notes: Travel limited to a 25 mile radius of Columbus Circle, New York City, New York. See 8 CFR 

214.2(c)(2) for more information and Chapter 15.3(e)(4). 

(3) Classification: C-3 Foreign government official, members of immediate family, attendant, servant, 

or other personal employee of official in transit through the United States. 

Documents required: Passport valid for at least 30 days from date of admission. Nonimmigrant visa (C-3). 

Qualifications: Must meet the classification description above. Inadmissible only on 212(a)(3)(A),(B), and (C), 

and 212(a)(7)(B). 

Terms of admission: Admit C-3 up to a maximum of 29 days. 

Notations on I-94: C-3, (date to which admitted). 

(d) Crewmembers See Chapters 22.2 and 23. 

(e) Traders and Investors. 

(1) Classification: E-1 Treaty trader, spouse, and children entering the U.S. under provisions of a treaty 

involving trade, commerce and service to which the U.S. and the alien's country are signatory. 


Nonimmigrant visa (E-1) (including Canadians). 

Qualifications: The company must be majority owned by the treaty country and the alien must be a national of


that country. For list of treaty countries, see Appendix 32.1 of the Adjudicator's Field Manual. Alien must be 

employed in executive, managerial or specialized knowledge capacity. All nonimmigrant grounds of 

inadmissibility apply. See qualifications in 8 CFR 214.2(e) and 22 CFR 41.51. 

Terms of admission: Admit E-1 for 1 year. For E-1, TECRO, see special notes section. 

Notations on I-94: Front: E-1, (date to which admitted). Reverse: principal's name in remarks section of 

dependent's I-94. 


(A) Dependents. Admit spouse and children as E-1. Their period of admission is up to 1 year or to 

coincide with the stay of the principal alien. The spouse and children may follow to join but may not precede the 

principal alien. Spouse and children may attend school without changing status, but may not engage in 

employment. 

(B) TECRO notation. Taipei government employees may be issued an E-1 visa endorsed "TECRO" 

(Taiwan Economic and Cultural Representative's Office, formerly CCNAA, Coordination Council for North 

American Affairs). Admit holders of such visas for duration of status (D/S). 

(2) Classification: E-2 Treaty investor, spouse, and children entering the U.S. under provisions of a 

treaty between the U.S. and the alien's country of nationality to develop and direct an enterprise in which the 

alien has invested or is actively in the process of investing a substantial amount of money. 


Nonimmigrant visa (E-2), (including Canadians). 

Qualifications: Must be national of the treaty country, within the general description above. May be investor 

or qualifying employee of investor. All nonimmigrant grounds of inadmissibility apply. See list of treaty 

countries in Appendix 31-2 of the Adjudicator's Field Manual. Specific requirements for E-2 investors are 

contained in 8 CFR 214.2(e) and 22 CFR 41.51. 

Terms of admission: Admit E-2 for 1 year. 

Notations on I-94: Front: E-2, (date to which admitted). Reverse: principal's name in remarks section of 

dependent's I-94. 


(A) Dependents. Admit spouse and children as E-2. Their period of admission is up to 1 year or to 

coincide with the stay of the principal alien. The spouse and children may follow to join but may not precede the 

principal alien. Spouse and children may attend school without changing status, but may not engage in 

employment. Nationality of the spouse and children is not material. 

(B) Employee E-2s. If the alien is an employee of an E-2, he or she must be of the same nationality as the 

investor and must work in an executive, managerial, or specialized knowledge capacity. 

(f) Students. 

(1) Classification: F-1 Students in colleges, universities, seminaries, conservatories, academic high 

schools, elementary schools, other academic institutions, and in language training programs. [See restrictions 

in section 214(l) of the Act, added by IIRIRA]. 

Documents required: Passport valid for 6 months, unless exempt. Nonimmigrant visa (F-1), unless exempt. 

Form I-20AB. Documentary evidence of financial support. 

Qualifications: Alien must be coming to pursue a full course of study at an approved school or to resume 

authorized employment for practical training after a temporary absence. All nonimmigrant grounds of 

inadmissibility apply. See requirements in 8 CFR 214.2(f) and 22 CFR 41.61.


Terms of admission: Admit F-1 for duration of status. 

Notations on I-94: F-1, D/S. 

Special notes: [For general information for F-1 students see 8 CFR 214.2(f).] 

(A) Missing or incomplete I-20. If otherwiseadmissible, a student not in possession of Form I-20AB, 

or a student who after a temporary absence does not present an endorsed page 4 of Form I-20 and there is no bad 

faith involved in the student's failure to obtain the necessary form, the inspecting officer shall admit the student 

in F-1 status for 30 days and issue Form I-515. Instruct the student to obtain the necessary Form I-20 or 

endorsement, as the case may be, and submit the I-515, I-20, and I-94 to the Service office having jurisdiction over 

the school he or she plans to attend, within the 30 day period, for extension. The accompanying spouse and 

children of an F-1 without an endorsed page 4 of Form I-20 or a new Form I-20 shall be admitted F-2 for 30 days 

and may be granted an extension. Note reverse of I-94, both sections: "I-515." 

(B) Certain students with expired visas. F-1 students and dependents with expired visas who have 

been outside the U.S. for less than 30 days solely to contiguous territory or adjacent islands may be readmitted if 

they have a valid I-20 [See 8 CFR 214.1(b)(1) and 22 CFR 41.112.]. 

(C) Fraudulent Forms I-20. Fraudulently issued Forms I-20 are not uncommon. Inspectors should 

examine these forms carefully for irregularities. Improperly issued Forms I-20, whether issued with fraudulent 

intent or through ignorance by a non-approved school, often do not contain the correct sequence of letters and 

numbers in the school approval code. An example of the correct format is: WAS 214f 1123.004. The three letters 

indicate the files control office having jurisdiction over the school. 214f is standard to all codes. The next series 

of numbers indicate the specific school or school system and may include a 3-digit suffix. The suffix indicates a 

school or campus within a school system, if applicable. An I-20 bearing the wrong sequence in the approval code 

or any other irregularities should be considered suspect. Information about schools and students may be found 

in the student/school data base (STSC) discussed in Chapter 31.3. 

(D) Disposition of Forms I-20AB. Upon initial admission, an F-1 will present a two-part Form I-20AB 

(Student Copy and School Copy). Upon admission, place the admission number from the I-94 on both parts, 

stamp and endorse "F-1 D/S" in the designated block, and separate the two parts of the I-20AB. Also, record the 

admission number on the visa page of the passport. The Student Copy is returned to the student for readmission 

and other uses. The School Copy is lifted for forwarding for Service data processing. Staple the arrival section 

of the I-94 to lower left-hand corner of the I-20 School Copy before forwarding for data entry. Once data 

processing is complete, the forms are forwarded to the school by the data entry contractor. 

(E) Readmission. Upon readmission of an F-1 student, cross out the admission number from the new 

I-94 and enter the original admission number from the passport or I-20AB, Student Copy. Readmit the student 

for D/S. 

(F) Limitation on public school attendance. Section 214(l) of the Act now prohibits attendance by 

nonimmigrant students at public elementary schools and public adult education programs. Attendance at 

public secondary education programs is limited to 12 months and requires the student to pay the full 

unsubsidized cost of such education. 

Classification: F-2 Spouse and children of F-1 student. 

Documents required: Passport valid for 6 months, unless exempt. Nonimmigrant visa (F-2), unless exempt. F-1's 

I-20(Student Copy) if following to join. 

Qualifications: Must be an individual listed in general description. All nonimmigrant grounds of 

inadmissibility apply. Must be accompanying or following to join F-1. 

Terms of admission: Admit F-2 for duration of status. 

Notations on I-94: F-2, D/S. 

Special notes: See notes on F-1 above.


(A) Dependent employment. Dependents may not engage in employment. 

(g) Representatives to, and employees of, international organizations. 

Classification: G-1 Designated principal resident representative of a foreign government to an international 

organization, staff, and members of the immediate family. 

Documents required: Passport valid only to date of application for admission. Nonimmigrant visa (G-1). 

Qualifications: Must be an international organization recognized by the President or State Department. 

Inadmissible only under 212(a)(3)(A), (B), or (C). See §102 of the Act. 

Terms of admission: Admit G-1 for Duration of Status. 

Notations on I-94: G-1, D/S. If visa is marked "TDY" include that notation in block 26 on the reverse of the I-94. 


(A) Presumption of eligibility. Presentation of an G-1 visa is prima facie evidence that the alien is 


(B) Dependents. For G-1 nonimmigrants, dependents are entitled to the same classification as the 


22 CFR 41.21. 

(C) Restricted admission periods. Occasionally, a "G" nonimmigrant visa will be noted by a consular 

official: "authorized stay limited to 45 (or some other specified number) days". Do not admit such 

nonimmigrants for D/S; limit the admission as specified on the visa. 

Classification: G-2 Temporary representatives of recognized foreign member governments to an international 

organization and members of the immediate family. 


Qualifications: Must be an international organization recognized by the President or State Department and 

foreign government must be a member of the international organization. Inadmissible only under 212(a)(3)(A), 

(B), or (C). See section 102 of the Act. 








22 CFR 41.21. 




Classification: G-3 Representatives of non-recognized or nonmember governments to an international 

organization and members of the immediate family.


Documents required: Passport valid only to date of application for admission. 

Nonimmigrant visa (G-3). 

Qualifications: Must be an international organization recognized by the President or State Department and 

foreign government is a non-member of the international organization or non-recognized by the United States. 

Inadmissible only under 212(a)(3)(A), (B), or (C) [See section 102 of the Act.]. 







principal. "Dependents include more than just the spouse and children. See definition of "Immediate family" in 

22 CFR 41.21. 




(4) Classification: G-4 Officers or employees of a recognized international organization and members 

of the immediate family. 


Qualifications: Must be an employee of an international organization (not a member state) recognized by the 

President or State Department. Alien is employee of the organization, not an employee of a member state. 

Inadmissible only under 212(a)(3)(A), (B), or (C). See section 102 of the Act. 




(A) Presumption of eligibility. Presentation of a G-4 visa is prima facie evidence that the alien is 




22 CFR 41.21. 

(C) United Nations travel documents. A G-4 visa may be placed in a United Nations Laissez-Passer if 

the alien is traveling on official U.N. business. 

(D) Restricted admission periods. Occasionally, a "G" nonimmigrant visa will be noted by a consular 



(5) Classification: G-5 Attendants, servants, or personal employees of G-1 through G-4 and members 

of their immediate family. 

Documents required: Passport valid for 6 months beyond the date to which admitted. Nonimmigrant visa 

(G-5).


Qualifications: Must be attendant, servant, or employee of G-1 through G-4. All nonimmigrant grounds of 

inadmissibility apply. 

Terms of admission: Admit G-5, up to 3 years. 

Notations on I-94: G-5, (date to which admitted). Include the employer's name in block 26 on the reverse of the 

I-94. 


(A) Presumption of eligibility. Presentation of a G-5 visa is prima facie evidence that the alien is 



principal. "Dependents include more than just the spouse and children. See definition of "Immediate family" in 

22 CFR 41.21. 

(C) Attendants and personal servants defined. The terms "attendants" and "personal employees" are 

defined in 22 CFR 41.21. 

(h) Temporary workers. 

(1) Classification: H-1A Includes registered nurses entering the U.S. to perform nursing services at a 

facility which provides health care. 

Documents required: Passport valid for 6 months beyond admission date. Nonimmigrant visa (H1-A). 

Approved I-129 petition. May present Form I-797, Notice of Action or the NIV may be notated with approval 

information by the consular officer. 

Qualifications: Must be a registered nurse. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit H-1A for validity of petition plus 10 days prior to validity date and up to 10 days 

after the expiration date [See 8 CFR 214.2(h)(13).]. 

Notations on I-94: Front: H1-A, (date to which admitted). Reverse: petition number and occupation "registered 

nurse." See general requirements in 8 CFR 214.2(h). 


(A) H-1A sunset. This temporary nonimmigrant provision expired 9/1/95 and was not renewed by 

Congress. However, previously approved H1-A petitions continue to be valid for entry or reentry for 

employment with the petitioning employer. 

(B) Foreign residence requirement. H1-A does not have to establish he or she has a foreign residence. 

(C) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when 

no visa is required, to the proposed first port- of-entry of the beneficiary. Petition approval may also be sent via 

facsimile or cable. Information on petition approval may be verified by checking the CLAIMS database. 

Petitions may be valid for up to 3 years, and may be extended for up to 6 years. 

(D) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school 

without changing status. 

(2) Classification: H-1B. Specialty occupations (professional), Department of Defense project employees, and 

fashion models. 

Documents required: Passport valid for 6 months beyond admission date, unless exempt. Nonimmigrant visa 

(H-1B), unless exempt. Approved I-129 petition. May present Form I-797, Notice of Action, or the visa may be 

notated with approval information by the consular officer.


Qualifications: Alien must be qualified for and coming to be employed in a specialty occupation as defined in 

section 214(i)(1) of the Act, be a fashion model, or be employed in a Department of Defense cooperative research 

and development project. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit H-1B for validity of petition plus a maximum of 10 days prior to the validity date 

of the petition and up to 10 days after the expiration date [8 CFR 214.2(h)(13).]. 

Notations on I-94: Front: H-1B, (date to which admitted). Reverse: petition number and occupation from the list 

in Appendix 31-1 of the Adjudicator's Field Manual. 


(A) Foreign residence requirement. H-1B does not have to establish he or she has a foreign residence. 

(B) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when 

no visa is required, to the proposed first port-of-entry of the beneficiary. Petition approval may also be sent via 


Petitions may be valid initially for up to 3 years (DOD projects, 5 years), and may be extended for up to 6 years 

(DOD projects, 10 years). 

(C) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school 


(3) Classification: H-2A. Temporary agricultural workers. 


(H-2A), unless exempt. Approved I-129 petition. May present Form I-797, Notice of Action, or the visa may be 

noted with approval information by the consular officer. 

Qualifications: Coming temporarily to perform temporary services for which workers are not available in the 

United States. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit H-2A for validity of petition plus 10 days prior to validity date and up to 10 days 


Notations on I-94: Front: H-2A, (date to which admitted). Reverse: Petition number and occupation 

"agricultural." 


(A) Dual temporary issue. Unlike H-1 nonimmigrants, who do not have to show a foreign residence 

and who may be coming temporarily to fill positions which are permanent by nature, the H-2 must have a 

foreign residence and must be coming only to fill a position which is itself temporary or seasonal [See 

definitions in 8 CFR 214.2(h)(2).]. 


no visa is required, to the proposed first port of entry of the beneficiary. Petition approval may also be sent via 


Petitions may be valid for up to 3 years. Petition and visa validity generally coincide. 

(C) Multiple beneficiaries. H-2A petitions may be issued for multiple unnamed beneficiaries working 

in the same occupation. Because of the need to control the number of entries on multiple beneficiary petitions, 

local ports-of-entry should have specific procedures in place. 

(D) Liquidated damages. Employers are frequently required to enter into a liquidated damages 

agreement to insure maintenance of status and departure of agricultural workers. Arrival and departure of 

agricultural workers must be closely monitored for accuracy to insure compliance with and enforcement of these 

agreements.


(E) Dependents. Dependents are admitted as H-4. Dependents may not work but may attend school 


(4) Classification: H-2B. Non-agricultural workers coming temporarily to perform services of a 

temporary nature. 


(H-2B), unless exempt. May present Form I-797, Notice of Action, or the visa may be notated with approval 

information by the consular officer. 

Qualifications: Must be coming temporarily to provide services of a temporary nature for which qualified U.S. 

workers are not available. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit H-2B for validity of petition plus 10 days prior to validity date and up to 10 days 


Notations on I-94: Front: H-2B, (date to which admitted). Reverse: Petition number and occupation from the 

list in Appendix 31-1 of the Adjudicator's Field Manual. 


(A) Dual temporary issue. Unlike H-1 nonimmigrants, who do not have to show a foreign residence 

and who may be coming temporarily to fill positions which are permanent by nature, the H-2B must have a 

foreign residence and must be coming only to fill a position which is itself temporary or seasonal. See 

definitions in 8 CFR 214.2(h)(2). 




Petitions may be valid for up to 3 years. Petition and visa validity generally coincide. 

(C) Multiple beneficiaries. H-2B petitions may be issued for multiple unnamed beneficiaries working 

in the same occupation. Because of the need to control the number of entries on multiple beneficiary petitions, 

local ports-of-entry should have specific procedures in place. 



(E) Canadian loggers. See Chapter 21.8 for special control procedures. 

(5) Classification: H-3. Aliens entering for the purpose of receiving instruction in any field of endeavor, 

other than graduate medical education or training. 


(H-3), unless exempt. Approved I-129 petition. May present Form I-797, Notice of Approval, or the visa may be 

noted with approval information by the consular officer. 

Qualifications: Must be coming temporarily for training unavailable in home country. Must have foreign 

residence. Productive employment may be only incidental to the training. Other specific limitations discussed 

in 8 CFR 214.2(h)(7). All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit H-3 for validity of petition plus 10 days prior to validity date and up to 10 days 


Notations on I-94: Front: H-3, (date to which admitted). Reverse: petition number and occupation from the list 

in Appendix 31-1 of the Adjudicator's Field Manual. 

Special notes:


(A) Special training in education of disabled children. Section 223 of Pub L. 101-649, the Immigration 

Act of 1990, provides for the admission of trainees for the purpose of receiving training in the education of 

children with physical, mental, or emotional disabilities. These trainees are limited to an 18-month admission, 

but do not have many of the same restrictions as other H-3 nonimmigrants. See 8 CFR 214.2(h)(7) for specific 

distinctions. 




Petitions may be valid for up to 18 months. Petition and visa validity generally coincide. 

(C) Multiple beneficiaries. H-3 petitions may be issued for multiple unnamed beneficiaries receiving 

the same training. 



(6) Classification: H-4. Includes spouse and children of aliens classified H-1 through H-3. 


(H-4), unless exempt. 

Qualifications: Must be accompanying or following to join a principal alien and have qualifying relationship 

(spouse or minor unmarried child). All nonimmigrant exclusion grounds apply. 

Terms of admission: Admit H-4 for same period as principal. 

Notations on I-94: H-4, (date to which admitted). 

Special notes: See notes on "dependents" for H-1 through H-3, above. 

(i) Representatives of information media. 

(1) Classification: I Representative of foreign information media, and immediate family]. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (I) unless 

exempt. 

Qualifications: Representative of foreign press, radio, film, television, or other information media. All 

nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit I for Duration of Status. 

Notations on I-94: I, D/S. Enter the employer's name in block 26 on the reverse of the I-94. 


(A) Independents. Employees of independent production companies may be accorded I status if the 

employee holds a credential issued by a professional journalistic association and the film will be used to 

disseminate news or information and the film will not be used primarily for commercial entertainment or 

advertising purposes. 

(B) Prohibition on commercial film crews. Camera crews producing films for commercial 

entertainment or advertising must qualify under 101(a)(15)(O) or (P) of the Act even though they will receive no 

remuneration from a U.S. source and the film is produced solely for foreign distribution. 

(C) Dependents. Admit spouse and children as I. Dependents may attend school without changing 

status but may not engage in employment. 

(j) Exchange aliens.


(1) Classification: J-1 An alien coming to participate in an exchange program to promote mutual 

understanding between the U.S. and another country to include students, trainees, teachers, professors, and 

research scholars. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (J-1) 

unless exempt. Form IAP-66. 

Qualifications: Must have a program sponsor authorized by the U.S. Information Agency as indicated on the 

IAP-66 and be entering for the purpose specified on the IAP-66. All nonimmigrant grounds of inadmissibility 

apply. 

Terms of admission: Admit J-1 for Duration of Status. 

Notations on I-94: Front: J-1, D/S. Reverse: Occupation from the list in Appendix 31-1 of the Adjudicator's 

Field Manual and program number from the IAP-66. 


(A) Missing IAP-66. If otherwise admissible and there is no bad faith involved, an exchange visitor 

not in possession of Form IAP-66 may be admitted for 30 days and issued Form I-515. Instruct the exchange 

visitor to obtain the necessary form and submit the I-515, IAP-66, and I-94 to the Service office having 

jurisdiction over the program sponsor, within the 30 day period, for extension. Note reverse of I-94, both 

sections "I-515." 

(B) Certain exchange visitors with expired visas. J-1 exchange visitors and dependents with expired 

visas who have been outside the U.S. for less than 30 days solely to contiguous territory or adjacent islands may 

be readmitted if they have a valid IAP-66 [See 8 CFR 214.1(b)(1) and 22 CFR 41.112.]. 

(C) Employment authorization. J aliens may work in several circumstances. J-1 employment under the 

terms of the exchange program, at the sponsor's work site, does not require issuance of an employment document 

(EAD). See 8 CFR 274a.12(a). J-1 aliens entitled to practical training and those whose programs provide for 

"open market" employment, and dependent J-2 aliens seeking employment under 8 CFR 214.2(j)(1)(v) may be 

issued an EAD. [See 8 CFR 274a.12(c)]. 

(D) Two-Year Foreign Residence Requirement. Form IAP-66 includes a block which is endorsed by 

the consular official issuing the visa or by the inspecting officer, containing a determination whether the 

exchange visitor is subject to the 2-year foreign residence requirement of section 212(e) INA. An alien may be 

subject to the foreign residence requirement for any of three reasons: if the exchange program is governmentally 

financed, if the alien's occupation is on the "Skills List" for his or her country of nationality or last residence, or if 

the purpose of the trip is to receive graduate medical education or training, then the alien may be subject to this 

residence requirement. In most instances the consular official who issued the visa will have made the 

determination whether the alien is subject. If there is no endorsement on the IAP-66 regarding this matter, then 

you must make the determination at the time of inspection. The list of governmentally financed programs and 

the "Skills List" you will need to make this determination are contained in Appendix 15-1. This procedure is 

most critical when inspecting J aliens who are visa exempt. Such persons will not have had the foreign residence 

requirement explained by a consular official and, therefore, may be entirely unaware of the potential 

consequences of entry as an exchange visitor 

(D) Disposition of Form IAP-66. Place admission stamp and "J-1, D/S" on all three copies of IAP-66. 

Execute Part II of the form if it has not been completed by the consular official at the time of visa issuance. Mail 

the original (white copy) to the Service office having jurisdiction over the area where the alien will reside. 

Return the endorsed pink copy to the alien to be used for readmission. Mail the yellow copy to: 

USIA, M/TO 

330 Independence Ave, SW, Room G-720 

Washington, DC 20547 

(E) Special Exchange Notations. Exchange visitors from the People's Republic of China and former


Soviet bloc countries may have their J-1 visas noted "CHINEX" or "SILEX". This notation must be placed on the 

I-94, in block 26 on the reverse. Program participants with these notations are specially controlled by the U.S. 

Information Agency. 

(2) Classification: J-2 Spouse and children of aliens classified J-1. 

Documents required: Passport valid for 6 months beyond the date of admission, unless exempt. Nonimmigrant 

visa (J-2), unless exempt. Copy of IAP-66 if not accompanying the principal exchange alien. 

Qualifications: Must have the necessary relationship to the principal alien. All nonimmigrant grounds of 


Terms of admission: Admit J-2 for duration of status. 

Notations on I-94: J-2, D/S. 


(A) May accompany or follow to join J-2. 

(B) Employment authorization may be authorized in accordance with note C, above. 

(k) Fiancees and fiances of U.S. citizens. 

Classification: K-1 Fiancees and fiances of U.S. citizens. 

Documents required: Valid passport. Nonimmigrant visa (K-1) (including Canadians and others who would 

otherwise be exempt a visa). Valid petition (Form I-129F). 

Qualifications: Alien must be coming to conclude a valid marriage to the citizen petitioner within 90 days. All 


Terms of admission: Admit K-1 for 90 days. 

Notations on I-94: Front: K-1, date 90 days from day of admission. Reverse: "A" number and FCO code. 


(A) Employment Authorization. All K aliens, including dependents, may be issued an EAD under 8 

CFR 274a.12(a) for a period of 90 days. 

(B) Handling the K-1 petition. Verify the complete address of the intended place of residence as shown 

on the face of the I-129F. Stamp the back of the petition to reflect the admission of the beneficiary and any 

accompanying children. If there are accompanying K-2 children, circle their names in item #11 of the petition 

and note beneath the admission stamp the following: "includes children whose names are circled." Forward the 

petition and supporting documents to the files control office having jurisdiction over the K-1's intended place of 

residence. 

(C) Visa cables. When the American consul has issued a K visa on the basis of receipt of a cable prior to 

the receipt of the approved visa petition, the American consul will place a copy of the wire into the sealed 

envelope in lieu of the petition. The admitting officer must verify the address, place the admission stamp on the 

cable with the above mentioned endorsements and forward the entire packet to the appropriate files control 

office. 

(2) Classification: K-2 Children of alien fiancees and fiances of U.S. citizens. 

Documents required: Valid passport. Nonimmigrant visa (K-2) (including Canadians). Valid petition (Form 

I-129F).


Qualifications: Must be accompanying or following to join the K-1 parent. All nonimmigrant grounds of 


Terms of admission: Admit K-2 for 90 days. 

Notations on I-94: K-2, date 90 days from day of admission. 


(A) General. See notes above for admission and employment authorization 

(B) Petition handling procedures. In the case of a following-to-join K-2 child, lift the sealed envelope 

furnished the child by the American consul, affix the medical report contained therein with the admission stamp 

showing the K-2 classification and the date until admitted. Ascertain the name and address of the K-1 alien 

parent to whom the child is destined, and the date on which such K-1 parent was admitted to the U.S. to the best 

of the child's knowledge. Prepare a memorandum which includes this information and forward it, together 

with the lifted report of the K-2 child's medical examination (and any other papers contained in the sealed 

envelope) to the files control office having jurisdiction over the child's destination. 

(C) Delayed arrivals. With the concurrence of the Service, the Department of State has authorized 

consular officers to issue K-2 visas to the following-to-join children of a K-1 alien up to 1 year after the issuance 

of the K-1 visa to the principal alien. Issuance of the K-2 visa within that period (and admission as a K-2 

nonimmigrant during the validity of that visa, if otherwise admissible) is authorized, even though the K-1 

principal may have already married the U.S. citizen petitioner and acquired lawful permanent residence under 

section 214(d) of the Act. 

(l) Intracompany Transferees. 

(1) Classification: L-1 Includes aliens entering to render services to a branch, parent, subsidiary, or 

affiliate of the company of previous employment outside the United States. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (L-l) 

unless exempt. Must have evidence of approved I-129 petition in the form of a notation on the nonimmigrant 

visa indicating the petition number and employer's name, or a Notice of Action, Form I-797, indicating approval, 

unless the applicant is a Canadian citizen. In that case, the alien may file the I-129 at a Canadian pre-flight 

station or Canadian land border port-of-entry at the time he or she applies for admission. If arriving at an 

airport without having been inspected preflight, a Canadian applicant must have evidence of petition approval, 

Form I-797. 

Qualifications: Must be in a managerial, executive, or specialized knowledge capacity but may be transferred 

from any one of the capacities to another (e.g. from management to executive). All nonimmigrant grounds of 

inadmissibility apply. Must have worked for the company (branch, parent, subsidiary, or affiliate) outside the 

U.S. for at least 1 continuous year within the preceding 3 years [See 8 CFR 214.2(l) and 22 CFR 41.54.]. 

Terms of admission: Admit L-1 for validity of petition (up to 3 years initially). 

Notations on I-94: Front: L-1, (date to which admitted). Reverse: Petition number and occupation from list in 

Adjudicator's Field Manual Appendix 31-1. 


(A) Dependents. Admit the spouse and children as L-2. 

(B) Petition limitations. Petition may be approved for up to 3 years, except start-up companies which 

are limited initially to 1 year. Expiration date of visa will usually be the same as the validity of the petition. 

The maximum stay in the U.S. for an L-1 specialized knowledge employee is 5 years. The maximum stay in the 

U.S. for an L-1, executive or manager is 7 years. 

(C) Blanket petitions. Some L aliens may be admitted on "blanket" petitions, i.e. petitions approved for


large companies where corporate requirements are not readjudicated with each individual L alien. An alien 

may not be initially admitted if the company's blanket petition approval has expired but may be readmitted to 

complete a previously authorized period of stay. A blanket L-1 maximum initial period of admission is 3 years. 

Blanket petition applicants will have Form I-129S in their possession. 

(D) NAFTA L aliens. Under the North American Free Trade Agreement (NAFTA), a Canadian citizen 

may file an I-129 for an L-1 classification in conjunction with his/her application for admission at certain land 

border ports-of-entry and preflight inspection stations. Because of this, officers must be completely familiar 

with the adjudication process of an I-129 petition for L-1 benefits. The following procedure may serve as a 

guideline: 

(1) Determine applicant to be a Canadian citizen and otherwise eligible for admission; 

(2) Be sure the I-129 is completed in duplicate and signed; 

(3) Determine qualifying relationship between the U.S. and Canadian entities. Very often a great 

volume of material is not necessary; 

(4) Verify that the applicant was employed abroad by the Canadian entity in a qualifying capacity for 

a period of 1 year during the prior 3 years immediately preceding the date of application for admission; 

(5) The job offer by the U.S. entity must place the applicant in a qualifying managerial, executive or 

specialized knowledge capacity. Examine supporting documentation. Form M-332, Instructions for Filing 

I-129 Petition for Intracompany Transferee, is a good source of information concerning acceptable supporting 

documentation; 

(6) Collect fee, place fee stamp, approval stamp, and officer signature in proper places on the I-129; 

(7) Prepare I-94 multiple entry for 1 year if the alien is coming to a new office, (i.e. in business for less 

than 1 year) 3 years if other than new office; 

(8) Make sure alien receives the I-94, a receipt for the fee paid, Form I-9 and M-279 for initial 

admission. Advise the alien that he or she will receive an I-797, Notice of Action, from the service center; and 

(9) Attach arrival copy of I-94 to "record of proceedings," (original I-129 with supporting documents) 

and forward to the Service Center that has jurisdiction over your port-of-entry. 

(2) Classification: L-2 Includes spouse and children of L-1. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (L-2) 

unless exempt. 

Qualifications: Must have the required family relationship with the principal alien. Must be accompanying or 

following to join the principal L-1. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit L-2, same period as principal. 

Notations on I-94: L-2, (date to which admitted). 


(A) Employment authorization: Spouse and children may not work as L-2 but may attend school 

without changing status 

(B) NAFTA L dependents. Under the North American Free Trade Agreement, only the applicant need 

be a Canadian/Mexican citizen. 

(m) Vocational students.


(1) Classification: M-1 Student in established vocational or other recognized nonacademic institution, 

other than language training program. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (M-1) 

unless exempt. Form I-20MN. Evidence of financial support. 

Qualifications: Must be coming to pursue full course of study at an approved "M" school. Must have sufficient 

financial resources. All nonimmigrant grounds of inadmissibility apply. 

Terms of Admission: Admit as M-1 to the end date of the course, as specified on the I-20, plus 30 days. Do not 

exceed 1 year. 

Notations on I-94: M-1, ending date of course plus 30 days not to exceed 1 year. 


(A) Missing or incomplete I-20. If otherwise admissible, a student not in possession of Form I-20MN, 

or a student who after a temporary absence does not present an endorsed page 4 of Form I-20 and there is no bad 

faith involved in the student's failure to obtain the necessary form, the inspecting officer shall admit the student 

in M-1 status for 30 days and issue Form I-515. Instruct the student to obtain the necessary Form I-20 or 

endorsement, as the case may be, and submit the I-515, I-20, and I-94 to the Service office having jurisdiction over 

the school he or she plans to attend, within the 30 day period, for extension. The accompanying spouse and 

children of an M-1 without an endorsed page 4 of Form I-20 or a new Form I-20 shall be admitted M-2 for 30 

days and may be granted an extension. Note the back of Form I-94, both sections, with: "I-515." 

(B) Certain students with expired visas. M-1 students and dependents with expired visas who have 

been outside the U.S. for less than 30 days solely to contiguous territory may be readmitted if they have their 

original I-94 and a valid I-20 [See 8 CFR 214.1(b)(1) and 22 CFR 41.112.]. The "adjacent island" exemption, 

available to F and J nonimmigrants does not apply to M students. 

(C) Fraudulent Forms I-20. Fraudulently issued Forms I-20 are not uncommon. Inspectors should 

examine these forms carefully for irregularities. Improperly issued Forms I-20, whether issued with fraudulent 

intent or through ignorance by a non-approved school, often do not contain the correct sequence of letters and 

numbers in the school approval code. An example of the correct format is: WAS 214F 1123.004. The three letters 

indicate the files control office having jurisdiction over the school. The "214F" is standard to all codes. The next 

series of numbers indicate the specific school or school system and may include a three-digit suffix. The suffix 

indicates a school or campus within a school system, if applicable. An I-20 bearing the wrong sequence in the 

approval code or any other irregularities should be considered suspect. Information about schools and students 

may be found in the student/school data base (STSC) discussed in Chapter 31.3. 

(D) Disposition of Forms I-20MN. Upon initial admission, an M-1 will present a two-part Form 

I-20MN (Student Copy and School Copy). Upon admission, the record the admission number from the I-94 on 

both parts, stamp and endorse "M-1(date to which admitted)" in the designated block and separate the two parts 

of the I-20MN. Also record the admission number on the visa page of the passport. The Student Copy is returned 

to the student for readmission and other uses. The School Copy is lifted for forwarding for Service data 

processing, along with the arrival I-94, which is stapled to the lower left corner of the I-20MN. Once data 

processing is complete, the forms are forwarded to the school by the data entry contractor. 

(E) Readmission. Upon readmission of an M-1 student, cross out the admission number from the new 

I-94 and enter the original admission number from the passport or I-20MN, Student Copy. Admit the student for 

the balance of the time needed to complete his/her course of study, plus 30 days, not to exceed 1 year. 

(2) Classification: M-2 Spouse and children of M-1 vocational student. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (M-1) 

unless exempt. Form I-20MN, student copy, if following to join. 

Qualifications: Must be an individual listed in the general description, accompanying or following to join a 

principal M student. All nonimmigrant grounds of inadmissibility apply.


Terms of admission: Admit M-2 to same date as M-1. 

Notations on I-94: M-2, same date to which admitted as M-1. 

Special notes: See notes on M-1 above. 

(n) Certain special immigrant spouses and children. 

Classification: N-8 Includes parent of "child" accorded special immigrant status (SK-3). 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (N-8) 


Qualifications: Must be the parent of a child classified as an SK-3 nonimmigrant. See section 101(a)(27)(I) of 

the INA. The parent is eligible only while the SK-3 immigrant remains a child. All nonimmigrant grounds of 


Terms of admission: Admit N-8 for up to 3 years. 

Notations on I-94: N-8, admit for 3 years or to 21st birthday of child. 


(A) Employment authorization. N-8 aliens are authorized employment pursuant to 8 CFR 274a.12(a) 

and may be issued an EAD. 

(2) Classification: N-9 Includes the child of an N-8 or child of an alien accorded an SK-1, SK-2, or 

SK-4 special immigrant visa. 

Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (N-9), 


Qualifications: Must be a child of either an N-8 described above or of an SK special immigrant. All 


Terms of admission: Admit N-9 for 3 years or to 21st birthday. 

Notations on I-94: N-9, Same date as N-8 (if child of N-8) or the lesser of 3 years or 21st birthday (if child of SK). 


(A) Qualifying relationships. A N-9 nonimmigrant may be either the child of a former G-4 who 

acquired SK permanent resident status (when the child does not qualify for corresponding resident status), or 

the child of an N-8 parent who is temporarily remaining with an SK-3. See definitions for SK immigrants in 

§101(a)(27)(I). 

(B) Employment authorization. Employment is authorized, issue EAD. 

(o) Aliens of extraordinary ability. 

(1) Classification: O-1 Alien with extraordinary ability in the sciences, arts, education, business, or 

athletics; or who has attained extraordinary achievements in the motion picture or television industry. 


otherwise provided for or waived. Nonimmigrant visa (O-1) unless exempt. Must have evidence of approved 

I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and employer's 

name, or a Notice of Action, Form I-797, indicating approval.


Qualifications: Individual (not group or team) must fall within general description of classification above. All 


Terms of admission: Admit O-1 for the validity period of the petition, plus up to 10 days before the beginning of 

the petition period or 10 days after its expiration. Do 

not exceed 3 years total [See 8 CFR 214.2(o)(6)(iii)(A), 8 CFR 214.2(o)(10).]. 

Notations on I-94: Front: O-1 and expiration date of authorized stay (expiration date of petition validity plus 

10 days). Reverse: Occupation and petition number. 


(A) Petitions. The approved petition is forwarded by the service center to the visa issuing post or, when 

no visa is required, to the proposed first port-of-entry of the beneficiary. Petition approval may also be sent via 


Petitions may be valid initially for up to 3 years and may be extended. The beneficiary may also have a copy of 

the approval notice, Form I-797, which is readily verifiable. 

(B) Dependents. Dependents are admitted as O-3. Dependents may not work but may attend school 


(2) Classification: O-2 Alien accompanying or assisting an O-1 artist or athlete. 


otherwise provided for or exempt. Nonimmigrant visa (O-2) unless exempt. Evidence of an approved I-129 

petition to work a specific event or performance, either in the form of a consular notation on the visa or an 

approval notice on Form I-797. 

Qualifications: Must possess critical skills and at least 1 year of experience with the principal O-1. All 


Terms of admission: Admit (O-2) for the validity period of the petition (which cannot exceed 3 years), plus a 

period of up to 10 days before the validity period begins and 10 days after the validity period ends [See 8 CFR 

214.2(o)(6)(iii)(B), 8 CFR 214.2(o)(10).]. 

Notations on I-94: Front: O-2 and expiration date of authorized stay (expiration date of petition validity plus 

10 days). 

Reverse: occupation, petition number, and employer's name and address. 


(A) Arrival prior to O-1. An O-2 may precede the O-1 to the U.S. to prepare for the event. 




Petitions may be valid initially for up to 3 years and may be extended. The beneficiary may also have a copy of 

the approval notice, Form I-797, which is readily verifiable. 

(C) Dependents. Dependents are admitted as O-3. Dependents may not work but may attend school 


(3) Classification: O-3 Spouse or child of an O-1 or O-2. 


otherwise provided for or waived. Nonimmigrant visa (O-3) unless exempt. 

Qualifications: Must be spouse or child of O-1 or O-2. All nonimmigrant grounds of inadmissibility apply.


Terms of admission: Admit O-3 for the same time period as the principal O-1 or O-2. 

Notations on I-94: O-3 and same expiration date of authorized stay as principal. Enter the name of the principal 

alien on the reverse, in block 26. 

Special notes: Dependent employment. Dependent O aliens may not work but may attend school without 

changing status. 

(p) Artists, athletes, and entertainers. 

(1) Classification: P-1 Internationally recognized athlete or entertainment group or essential support 

personnel. 


otherwise provided for or waived. Nonimmigrant visa (P-1) unless exempt. Evidence of an approved I-129 

petition, either a notation on the nonimmigrant visa or a copy of the approval notice on Form I-797. 

Qualifications: Must be an individual or team member, qualified as above, entering to engage in such activities. 

Essential support personnel (except for circus employment) must have one year of experience with the principal 

P-1 individual or group. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit P-1 for validity of petition, plus 10 days prior to validity date and up to 10 days 

after the expiration date, not to exceed 1 year for group members or 5 years for individual athletes [See 8 CFR 

214.2(p)(8)(iii)(A), 8 CFR 214.2(p)(12).]. 

Notations on I-94: Front: P-1 and expiration date of authorized stay. Reverse: Occupation and petition 

number. 





Petitions may be valid initially for up to 5 years for individual athletes and may be extended, not to exceed 10 

years. Other P-1 petitions are valid for up to 1 year and may be extended in increments of 1 year. The 

beneficiary may have a copy of the approval notice, Form I-797, which is readily verifiable. 

(B) Dependents. Dependents are admitted as P-4. Dependents may not work but may attend school 


(C) Essential support personnel. P-1 individuals and groups may include essential support personnel. 

Generally, group members and support personnel must have 1 year of experience with the group. There is a 25% 

exception to the 1-year requirement for group membership. This 1-year experience requirement does not apply to 

circus personnel. 

(2) Classification: P-2 Artist or entertainer or essential support personnel in a reciprocal exchange 

program between an organization in the U.S. and an organization in one or more foreign countries. 



petition, either a consular notation on the nonimmigrant visa or a copy of the petition approval notice, Form 

I-797. 

Qualifications: Individual or group meeting qualifications of the category as stated above. All nonimmigrant 

grounds of inadmissibility apply. 

Terms of admission: Admit P-2 for validity of petition plus 10 days prior to validity date and up to 10 days 

after the expiration date.


Notations on I-94: Front: P-2 and expiration date of authorized stay (expiration date of petition validity plus 10 

days.) Reverse: Occupation and petition number. 





Petitions may be valid initially for up to 1 year and may not be extended beyond a total admission period of 1 

year. Beneficiary may have a copy of the petition approval notice, Form I-797, which is readily verifiable. 

(B) Limitation on readmission. A P-2 who has completed a year in that status ordinarily may not 

reenter the U.S. on a new P-2 petition for 3 months. A waiver is available as part of the petition process. 

(C) Dependents. Dependents are admitted as P-4. Dependents may not work but may attend school 


(3) Classification: P-3 Artist or entertainer coming to perform, teach, or coach under a commercial or 

noncommercial program that is culturally unique. 



petition, either a consular notation in the nonimmigrant visa or an approval notice on Form I-797. 

Qualifications: Must be an individual or group member coming to perform in a program which meets the 

definition above. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit P-3 for validity of petition plus 10 days prior to validity date and up to 10 days 

after the expiration date. 

Notation on I-94: Front: P-3 and expiration date of authorized stay (expiration date of petition validity plus 10 

days.) Reverse: Occupation and petition number. 





Petitions may be valid initially for up to 1 year and may not be extended beyond a total admission period of 1 

year. Beneficiary may have a copy of the approval notice, Form I-797, which is readily verifiable. 

(B) Dependents. Dependents are admitted as P-4. Dependents may not work but may attend school 


(4) Classification: P-4 Spouse or child of a P-1, P-2, or P-3. 


otherwise provided for or waived. Nonimmigrant visa (P-4), unless exempt. May have a copy of approval 

notice of petition for principal alien. 

Qualifications: Must be accompanying or following to join a principal P-1, P-2, or P-3. All nonimmigrant 


Terms of admission: Admit (P-4), same as principal. 

Notation on I-94: P-4 and same expiration date of authorized stay as principal. 

Note the reverse, in block 26 with the name of the principal alien.


Special notes: See notes on dependents above. 

(q) International cultural exchange visitors. 

(1) Classification: Q Includes aliens coming to take part in an international cultural exchange 

program approved by the Attorney General for the purpose of providing practical training, employment, and the 

sharing of the history, culture, and traditions of the alien's country. 


otherwise provided for or waived. Nonimmigrant visa (Q), unless exempt. Evidence of an approved I-129 

petition, either a consular notation on the visa or a copy of the approval notice, Form I-797. 

Qualifications: Must be at least 18 years of age, coming to perform services described above. All nonimmigrant 


Terms of admission: Admit as Q to the petition validity but not to exceed 15 months. 

Notation on I-94: Front: Q, (date to which admitted). Reverse: Petition number and occupation. 





Petitions may be valid initially for up to 15 months and may not be extended. 

(B) Limitation on readmission. An alien who has completed a 15 month Q program must remain 

outside the U.S. for 1 year before being readmitted as a Q nonimmigrant. 

(C) Dependents. There is no dependent provision for spouse or child but they may be otherwise 

admissible as a visitor. 

(r) Religious workers. 

(1) Classification: R-1 Member of a religious denomination having a bona fide nonprofit religious 

organization in the U.S., coming to carry on the vocation of minister or religious professional, or to work in a 

religious vocation or occupation. 


otherwise provided for or waived. Nonimmigrant visa (R-1) unless exempt. Letter of invitation describing 

duties of position in the United States. 

Qualifications: Membership in a religious denomination for at least 2 years immediately preceding entry. If 

working in a professional capacity, the applicant must have a minimum of a bachelor's degree in a related field, 

or its equivalent. All nonimmigrant grounds of inadmissibility apply. If working in a non-professional 

capacity, the applicant must be working for a tax exempt organization. 

Terms of admission: Admit R-1 for a maximum of 3 years. Extensions are permitted for up to a total of 5 years. 

Notations on I-94: Front: R-1 and expiration date of authorized stay. Reverse: Occupation and employer's 

name and address. 

Special notes: Limitation on readmission. Do not readmit an R who has spent 5 years in the U.S. as an R unless 

he or she has resided and been physically present outside the U.S. for the immediate prior year, except for brief 

visits for business or pleasure. 

(2) Classification: R-2 Spouse or child of R-1. 


otherwise provided for or waived. Nonimmigrant visa unless exempt.


Qualifications: Must be accompanying or following to join an R-1 alien. All nonimmigrant grounds of 


Terms of admission: Admit (R-2), same as principal. 

Notation on I-94: R-2 and same expiration date of authorized stay as principal. Name of principal alien in 

block 26, on reverse of I-94. 

Special notes: Dependents: May not work, but may attend school without changing status. 

(s) Confidential witnesses and informants. 

(1) Classification: S 

Documents required: Determined on a case-by-case basis. Port-of-entry will be advised. No actual "S" visa 

stamp will be placed in the alien's travel document. 

Qualifications: Must be an alien: 

(A) who is in possession of critical reliable information concerning a criminal organization or 

enterprise; is willing to supply or has supplied such information to Federal or State court; and whose presence in 

the U.S. the Attorney General determines is essential to the success of an authorized criminal investigation or the 

successful prosecution of an individual involved in the criminal organization or enterprise; or 

(B) who the Secretary of State and the Attorney General jointly determine is in possession of critical 

reliable information concerning a terrorist organization, enterprise, or operation; is willing to supply or has 

supplied such information to Federal law enforcement authorities or a Federal court; will be or has been placed 

in danger as a result of providing such information; and is eligible to receive a reward under section 36(a) of the 

State Department Basic Authorities Act of 1956. 

Terms of Admission: Port-of-entry will be advised on an individual basis. 

Notes on I-94: Follow instructions provided by Regional Inspections or Headquarters on each case. 


(A) Dependents. The spouse, married and unmarried sons and daughters, and parents of an alien 

described in clause (i) or (ii) if accompanying, or following to join, the alien. 

(B) Special Controls. S classification is authorized only pursuant to a complex certification from the 

Criminal Division, Department of Justice. Once S classification has been authorized, and admission 

coordinated by Headquarters, Service officers must make every effort to observe necessary security precautions 

and be sensitive to and respond to law enforcement agency (LEA) or State Department concerns for adequately 

safeguarding the alien's identity. The LEA which requested S classification for an eligible alien will be working 

closely with Headquarters to ensure a controlled entry. For security reasons, no Service or other documents will 

indicate that the holder is or was a recipient of S nonimmigrant classification. Questions concerning admission 

procedures, security precautions, or specific requests for S classification may be addressed to Headquarters 

Investigations, Attn.: Witness Unit, (202) 514-0747, 425 I Street, NW, Room 1000, Washington, DC 20536. 

(t) NATO employees. 

(1) Classification: NATO-1 This classification is for the principal permanent representative of a 

member state of NATO resident in the U.S. and resident members of his/her official staff and members of their 

immediate families. 

Documents required: Passport valid only to date of application for admission. Nonimmigrant visa (NATO-1). 

Qualifications: Must be an alien described above. Inadmissible under 212(a)(3)(B)(i)(I) and (C) only.


Terms of admission: Admit NATO-1 for Duration of Status. 

Notations on I-94: NATO-1, D/S 


(A) Nonmilitary NATO. Nonmilitary NATO nonimmigrants should not be confused with members of 

NATO Forces entering under official orders with proper identification who are exempt inspection and therefore, 

exempt normal passport and nonimmigrant visa requirements. 

(B) NATO countries. See list in Chapter 11.2. 

(C) Dependents: Admit dependents in same category as principal. Dependents may attend school 

without changing status and may be granted employment authorization under 8 CFR 274a.12(c). 

(2) Classification: NATO-2 Includes other representatives of member states to NATO and their 

immediate family members. Also includes NATO military members and their families. 

Documents required: Passport valid only to date of application for admission. Nonimmigrant visa unless 

exempt. 

Qualifications: Must be a person described above. Inadmissible only under 212(a)(3)(A)(i), (ii) and (iii) and 

212(a)(3)(B)(i)(I) and (ii). 

Terms of admission: Admit for Duration of Status. Military NATO-2 are exempt inspection. 



(A) Distinction between NATO officials and NATO members of Armed Forces. Nonmilitary NATO 

nonimmigrants should not be confused with members of NATO Forces entering under official orders with 

proper identification who are exempt inspection and therefore, exempt normal passport and nonimmigrant visa 

requirements. 

(B) NATO countries. See list in Chapter 11. 



(3) Classification: NATO-3 Includes the official clerical staff accompanying a representative of member 

state to NATO and members of their immediate family. 


Qualifications: Must be an alien described above. Inadmissible only under 212(a)(3)(A)(i), (ii), (iii) and 

212(a)(3)(B)(i)(I) and (ii) of the Act. 







requirements.





(4) Classification: NATO-4 Includes officials of NATO, other than those classified under NATO-1, 

and members of their immediate family. 


Qualifications: Must be an alien described above. Excludable only under 212(a)(3)(A)(i), (ii), (iii) and 

212(a)(3)(B)(i)(I), and (ii) of the Act. 







requirements. 




(5) Classification: NATO-5 Includes experts employed on missions on behalf of NATO, and their 

dependents. 

Documents required: Passport must be valid for 6 months beyond the date to which admitted. Nonimmigrant 

visa (NATO-5). 

Qualifications: Must be alien described above. All nonimmigrant grounds of inadmissibility apply. 







requirements. 




(6) Classification: NATO-6 Includes civilian employees of NATO military and their dependents. 


Qualifications: Must be an individual described above. Excludable under 212(a)(3)(A)(i), (ii), (iii) and 

212(a)(3)(B)(i)(I), and (ii) of the Act only. See §102 of the Act.


Terms of admission: Admit NATO-6 for duration of status. 






requirements. 




(7) Classification: NATO-7 Includes attendants, servants, or personal employees of NATO-1 through 

NATO-6, and members of their immediate family. 

Documents required: Passport must be valid for 6 months beyond the date to which the alien desires to be 

admitted. Nonimmigrant visa (NATO-7). 

Qualifications: Must be alien described above. All nonimmigrant grounds of inadmissibility apply. 

Terms of admission: Admit (NATO-7) for Duration of Status if employed by NATO-1 through NATO-4. Admit 

(NATO-7) for 2 years if employed by NATO-5 or NATO-6. 

Notations on I-94: NATO-7, D/S or 2 years from date of admission. Enter name of employer in block 26, on 

reverse of I-94. 


(A) NATO countries. See list in Chapter 11.2 

(B) Dependents: Admit dependents in same category as principal. Dependents may attend school 


15.5 NAFTA Admissions. 

(a) General. The North American Free Trade Agreement (NAFTA) between the United States, Canada, and 

Mexico entered into force on January 1, 1994. Chapter 16 of NAFTA pertains to Canadian and Mexican citizens 

seeking classification as one of four types of business persons: 

- B-1 temporary visitors for business under section 101(a)(15)(B) of the Act; 

- E-1 or E-2 treaty traders and treaty investors under section 101(a)(15)(E) of the Act; 

- L-1 intracompany transferees under section 101(a)(15)(L) of the Act; and 

- TN professional level employees under section 214(e) of the Act. 

The NAFTA is an historic accord governing the largest trilateral trade relationship in the world and covers 

trade in goods, services, and investments. In order to take advantage of the benefits of freer trade, NAFTA 

facilitates the movement of U.S., Canadian, and Mexican business persons across each country's border through 

streamlined procedures. The NAFTA maintains the provisions of existing laws that ensure border security and 

protect indigenous labor and permanent employment. Further, NAFTA fully protects the ability of state 

governments to require that Canadians and Mexicans practicing a profession in the United States are fully 

licensed under state law to do so. Current U.S. law and practice relating to exclusion and deportation of aliens 

applies unchanged to all business persons seeking temporary entry under the provisions of Chapter 16 of the


NAFTA. 

The immigration-related provisions of NAFTA are similar to those contained in the United States-Canada 

Free-Trade Agreement (CFTA), which was suspended with the entry into force of NAFTA. 

(b) Definitions. 

(1) A business person as defined in NAFTA means a citizen of Canada or Mexico who is engaged in the 

trade of goods, the provision of services, or the conduct of investment activities. 

(2) Business activities at a professional level means those undertakings which require that, for 

successful completion, the individual has at least a baccalaureate degree or appropriate credentials 

demonstrating status as a professional. 

(3) Temporary entry as used in NAFTA means entry without the intent to establish permanent 

residence. 

(4) To engage in business activities at a professional level means the performance of prearranged 

business activities for a U.S. entity, including an individual. It does not allow for entry in TN status of those 

business persons who are seeking entry to engage in self-employment. 

(c) B-1 Classification: Business Visitor. 

(1) Qualifications. A NAFTA B-1 must meet the same eligibility requirements, described in Chapter 

15.4, as any other B-1. All persons seeking admission into the United States under this category, whether they 

engage in the activities listed in Appendix 1603.A.1 to Annex 1603 of the NAFTA or other legitimate business 

activities, must meet all the general standards described above. These standards have been written to be flexible 

and to accommodate normal legitimate business activities [See Appendix 15-3 of this manual.]. 

Appendix 1603.A.1 to Annex 1603 of the NAFTA is a list of business activities representative of a complete 

business cycle in which a B-1 business visitor seeking entry under the NAFTA may engage. Appendix 1603.A.1 

is not an exhaustive list. Nothing precludes a citizen of Mexico or Canada from seeking entry to engage in 

traditional B-1 activities which are not included within Appendix 1603.A.1, provided they meet all 

requirements for entry in such states, including restrictions on sources of remuneration. 

The activities contained in Appendix 1603.A.1 include: 

(A) Research and design. Technical, scientific and statistical researchers conducting independent 

research or research for an enterprise located in the territory of another Party. 

(B) Growth, manufacture and production. Harvester-owner supervising a harvesting crew admitted 

under applicable law. Purchasing and production management personnel conducting commercial transactions 

for an enterprise located in the territory of another party. 

(C) Marketing. Market researchers and analysts conducting independent research or analysis for an 

enterprise located in the territory of another Party. Trade fair and promotional personnel attending a trade 

convention. 

(D) Sales. Sales representatives and agents taking orders or negotiating contracts for goods or services 

for an enterprise located in the territory of another Party but not delivering goods or providing services. 

(E) Distribution. Transportation operations transporting goods or passengers to the territory of a Party 

from the territory of another Party or loading and transporting goods or passengers from the territory of a 

Party, with no unloading in that territory, to the territory of another Party. With respect to temporary entry into 

the territory of the United States, Canadian customs brokers performing brokerage duties relating to the export 

of goods from the territory of the United States to or through the territory of Canada. With respect to temporary 

entry into the territory of Canada, United States customs brokers performing brokerage duties relating to the 

export of goods from the territory of Canada to or through the territory of the United States. (It should be noted 

that, during the course of negotiations relating to NAFTA immigration provisions, Mexico decided not to be a 

Party to the language involving temporary entry of customs brokers into the signatory countries. Therefore,


Mexican citizen customs brokers are not referenced in Appendix 1603.A.1. A citizen of Mexico is not precluded, 

however, from seeking entry into the United States in B-1 status to perform the functions of a customs broker 

provided he or she meets all existing requirements for B-1 classification.) Customs brokers providing consulting 

services regarding the facilitation of the import or export of goods. 

(F) After-sales services. Installers, repair and maintenance personnel, and supervisors, possessing 

specialized knowledge essential to a seller's contractual obligation, performing services or training workers to 

perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or 

industrial equipment or machinery, including computer software, purchased from an enterprise located outside 

the territory of the Party into which temporary entry is sought, during the life of the warranty or service 

agreement. The language concerning the life of a renewable service contract must have been included in clear 

and definitive terms in the original contract at the point of sale. Nothing under NAFTA precludes third party 

contracts for after-sales service providing the third party agreement was contracted at the time of sale. 

(G) General service. Professionals engaging in a business activity at a professional level in a 

profession set forth in Appendix 1603.D.1 to Annex 1603, but receiving no salary or other remuneration from a 

U.S. source (other than an expense allowance or other reimbursement for expenses incidental to the temporary 

stay). Management and supervisory personnel engaging in a commercial transaction for an enterprise located 

in the territory of another Party. Financial services personnel (insurers, bankers or investment brokers) engaging 

in commercial transactions for an enterprise located in the territory of another Party. Public relations and 

advertising personnel consulting with business associates, or attending or participating in conventions. 

Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in 

conventions or conducting a tour that has begun in the territory of another Party. The tour may begin in the 

United States, but must terminate in foreign territory, and a significant portion of the tour must be conducted in 

foreign territory. In such cases, an operator may enter the United States with an empty conveyance and a tour 

guide may enter on his or her own and join the conveyance. Tour bus operators entering the territory of another 

Party with a group of passengers on a bus tour that has begun in, will return to, the territory of another Party to 

meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in 

the territory of another Party or with a group of passengers on a bus tour to be unloaded in the territory of the 

Party into which temporary entry is sought, and returning with no passengers or reloading with the group for 

transportation to the territory of another Party. Translators or interpreters performing services as employees of 

an enterprise located in the territory of another Party. 

(2) Terms of Admission. A citizen of Canada need not apply for a B-1 nonimmigrant visa, but is not 

precluded from doing so. A citizen of Mexico must apply for a B-1 visa at a U.S. embassy or consulate abroad. 

A citizen of Canada or Mexico will be admitted into the United States at the discretion of the inspecting officer 

for the period necessary to engage in the intended activities, not to exceed 1 year. The alien may apply to extend 

his or her stay by filing an Application to Extend/Change Status on Form I-539 with the appropriate Service 

office. Extensions of stay are granted in increments of not more than 6 months. 

There is a $6.00 fee at all land border ports-of-entry to process a Form I-94 for an applicant's admission into the 

United States. 

(3) Spouses and Children. The spouse and children of a business person may accompany or follow to 

join the B-1 business visitor in B-2 classification if they otherwise meet the general requirements for temporary 

entry of visitors for pleasure. Such dependents may not work in the U.S. without obtaining a change of status, 

but may attend school, if incident to status. 

(d) E Classification as a Treaty Trader or Treaty Investor. 

(1) Qualifications. Section B of Annex 1603 of the NAFTA provides for the temporary entry of 

Canadian and Mexican citizens as treaty traders and treaty investors. This section required no changes to 

existing law and practice under section 101(a)(15)(E) of the Act, other than to authorize citizens of Canada and 

Mexico to apply for treaty trader (E-1) or treaty investor (E-2) status pursuant to the NAFTA. 

A treaty trader is a business person who is coming to the U.S. solely to carry on substantial trade, principally 

between the U.S. and Canada, if the trader is a citizen of Canada, or between the U.S. and Mexico, if the trader is 

a citizen of Mexico.


A treaty investor is a business person who is coming to the United States solely to develop and direct the 

operations of an enterprise in which he or she has invested, or of an enterprise in which he or she is actively in the 

process of investing, a substantial amount of capital. 

Immigration officers must familiarize themselves with the definition of the E classification in §101(a)(15)(E) of 

the Act and the regulations at 8 CFR 214.2(e) and 22 CFR 41.51. 

(A) Treaty Traders. NAFTA business persons applying for the E-1 visa as a Treaty Trader must meet 

the following requirements. 

- Citizenship. The trader, individual or entity, must possess citizenship of Canada or Mexico. In the case 

of an entity, at least 50% of that business must be owned by Canadian citizens or Mexican citizens. 

- Trade. There must be an international exchange of a good or service, including title to that trade item, 

for consideration between the United States and either Canada or Mexico. 

- Substantial Trade. The volume of trade must constitute a continuous flow of trade items involving 

numerous transactions between the United States and Canada or Mexico. 

- Trade Linked to Citizenship. Trade is principally between the U.S. and Canada, if the trader possesses 

Canadian citizenship, or between the U.S. and Mexico, if the trader possesses Mexican citizenship. At least 50% 

of the international trade (as contrasted to domestic trade) of the trading entity must be conducted between the 

U.S. and Canada, if the trader possesses Canadian citizenship, or between the U.S. and Mexico, if the trader 

possesses Mexican citizenship. 

(B) Treaty Investors. NAFTA business persons applying for the E-2 visa as a Treaty Investor must 

meet the following requirements. 

- Citizenship. The investor, individual or entity, must possess citizenship of Canada or Mexico. In the 

case of an entity, at least 50% of that business must be owned either by Canadian citizens or by Mexican citizens. 

- Investment Must Occur or Be in Process. The investor has invested or is actively in the process of 

investing. The investor may invest in an established business or create a business. Being in the process of 

investing requires the irrevocable commitment of funds. 

- The Investment Must Be Real. The enterprise is a real and operating commercial enterprise. A 

dormant or paper enterprise does not qualify. 

- The Investment Must Be Substantial. A substantial amount of capital constitutes that amount that is 

substantial in the proportional sense pursuant to a proportionality test, that is, an inverted sliding scale in which 

the lower the total cost of the enterprise, the higher, proportionally, the investment must be. The overall cost of 

the enterprise is compared with the amount of personal funds and assets invested by the investor. Only loans 

guaranteed by personal assets qualify as actual investment by the treaty investor. 

The business shall not be marginal, solely for the purpose of earning a living. A marginal enterprise is an 

enterprise that does not have the present or future capacity to generate more than enough income to provide a 

living for the treaty investor and his or her family. 

- The Investor Must Be Developing and Directing the Enterprise. An investor develops and directs the 

business by owning at least 50% of the enterprise or by a combination involving ownership and possession of 

management responsibility, by controlling stock by proxy, etc. 

(C) Qualifying Employees for E-1 or E-1 Visa Classification. Employees of Treaty Traders and Treaty 

Investors also may apply for an E-1 or E-2, if they meet the following requirements. 

- Citizenship. The employee must possess the same citizenship as the trader or investor employer. 

- Position. The employee is destined to an executive/supervisory position, possessing the authority and 

responsibility to make decisions which will set the direction of the enterprise; or the employee, if employed in a


minor capacity, has special qualifications that make the services to be rendered essential to the successful or 

efficient operation of the enterprise. The essential employee must possess special skills including skills which are 

unique to operations in the U.S. Such employees are highly and specially skilled. 

- Temporary. All persons must indicate the intent to depart the U.S. upon termination of status, ceasing 

business operations or sale of business, etc. 

(2) Terms of Admission. An alien seeking admission as a treaty trader or treaty investor under the 

NAFTA as an E-1 or E-2 must be in possession of a nonimmigrant visa issued by an American consular officer 

classifying the alien under section 101(a)(15)(E) of the Act. Both Canadian and Mexican citizens must apply at a 

U.S. embassy or consulate for the issuance of an "E" nonimmigrant visa and pay any visa fee. A supplemental 

Form OF-156E must be submitted with pertinent documentation to the consular officer. Upon admission, issue 

both Canadian and Mexican treaty traders and treaty investors and their dependents a Form I-94, endorsed in 

the same manner as other E-1 and E-2 nonimmigrants. The classification code E-1 or E-2 will be marked clearly 

on the I-94. The I-94 with the E-1 or E-2 notation is the employment authorization documentation for the treaty 

trader or treaty investor. The Form I-94 is presented to the Social Security Administration for purposes of 

applying for a social security number. Periods of initial admission and extension are the same as for other E-1 

and E-2 nonimmigrants. 

(3) Spouse and Dependent Children. The spouse and children of a treaty trader or treaty investor may 

accompany or follow to join the E-1 or E-2 business person if they otherwise meet the general requirements for 

temporary entry. There is no requirement that the spouse and children be Canadian or Mexican citizens. Such 

dependents may not work in the U.S. without obtaining a change of status, but may attend school, if incident to 

status. As with other E-1 and E-2 nonimmigrant dependents, their I-94 visa symbol is the same as the principal's; 

endorsements are the same as for other E dependents. 

(e) L Classification as an Intracompany Transferee. 

(1) Qualifications. The designated nonimmigrant classification for the intracompany transferee who 

enters the U.S. under the NAFTA is L-1. The L-1 classification has been part of the Act since the 1970's through 

section 101(a)(15)(L). The U.S. has committed to allow citizens of Canada and Mexico who meet the 

qualifications of the current L-1 classification to enter the U.S. as intracompany transferees while the NAFTA is 

in force. Immigration officers must familiarize themselves with definition of the L classification at section 

101(a)(15)(L) of the Act and regulations at 8 CFR 214.2(l). See L-1 notes in Chapter 15.4 and Adjudicator's Field 

Manual, Chapter 32. 

The NAFTA intracompany transferee must qualify under the existing requirements for L classification, 

including: 

- Citizenship. To qualify for the NAFTA intracompany transferee classification, the applicant must 

establish Canadian or Mexican citizenship. 

- Qualifying Capacity. The applicant must qualify in a capacity that is managerial, executive, or one 

involving specialized knowledge. 

- Qualifying Entity. The applicant must be seeking entry to work for an entity in the U.S. which is the 

parent, branch, affiliate, or subsidiary of the entity in the foreign country. 

- Qualifying Past Employment. The applicant must have been employed continuously for 1 year in the 

previous past 3 years with the qualifying entity abroad in a qualifying capacity. 

(2) Terms of Admission. A petition must be filed in the applicant's behalf to accord the alien 

classification as an L-1. The petition must be submitted by the qualifying entity to the Service on Form I-129, 

Petition for Temporary Worker, in accordance with the instructions to that form. The Service will provide the 

NAFTA intracompany transferee and dependents with Forms I-94 at the time of admission endorsed in the same 

manner as other class L admissions. The I-94 is the employment authorization document for the L-1 and may be 

presented to the Social Security Administration for the purpose of applying for a social security number. Periods 

of admission and extension for NAFTA L aliens are the same as for other L nonimmigrants. 

(A) Citizens of Canada. A citizen of Canada is not required to, but may obtain, a nonimmigrant visa.


The applicant must establish Canadian citizenship. 

The I-129 petition may be filed (in duplicate) by the U.S. or foreign employer in advance of entry or in 

conjunction with an application for admission. When filing in advance, the petition should be submitted to the 

appropriate Service Center at least 30 days in advance of the expected date of entry. The applicant must present 

evidence of the approved petition at the time of application for admission. If the petition is filed with an 

application for admission, such filing must be made with an immigration officer at a Class A port-of-entry 

located on the US-Canada land border or at a U.S. pre-clearance/pre-flight station in Canada. The petitioning 

employer need not appear, but the Form I-129 must bear the authorized signature of the petitioner and all 

documentation and the appropriate filing fee must accompany the petition. 

(B) Citizens of Mexico. A citizen of Mexico must apply for an L visa at an American consulate. At the 

port-of-entry, the applicant must present a valid Mexican passport with their L-1 visa. 

(3) Spouses and Dependent Children. Spouses and dependent children of intracompany transferees 

may accompany or follow to join the L-1 principal if they otherwise meet the general immigration requirements 

for temporary entry. L-2 is the designated classification for both spouse and dependent children of 

intracompany transferees. There is no requirement that the spouse and dependent children be citizens of Canada 

or Mexico. L-2 dependents who are citizens of Canada are not required to obtain an L-2 visa but may seek visa 

issuance if desired. L-2 dependents who are citizens of Mexico or other countries generally are required to seek 

visa issuance. L-2's may not work in the United States. L-2's may attend school while in the United States 

incident to their temporary stay. 

(f) TN Classification as a Professional. 

(1) General. The NAFTA professional is unique to the Agreement and the classification is not found in 

general immigration provisions in section 101(a)(15) of the Act, rather, it is included in section 214(e). Under 

NAFTA, a Canadian or Mexican citizen who seeks temporary entry into the United States as a professional may 

be admitted to the United States under the provisions of the NAFTA as a TN (for Trade NAFTA). The TN is 

limited to Canadian or Mexican professionals employed on a professional level. A professional is defined as a 

business person seeking entry to engage in a business activity at a professional level in a profession set forth in 

Appendix 1603.D.1 to Annex 1603, if the business person otherwise qualifies under existing, general 

immigration requirements for temporary entry to the United States [See Appendix 15-4 of this manual for Annex 

1603, Appendix 1603.D.1.] [For regulations relating to NAFTA TN classification, refer to 8 CFR 214.6.]. 

The NAFTA professional is modeled on the professional category in the predecessor trade pact, the United 

States-Canada Free-Trade Agreement (CFTA), which was in effect from January 1, 1989 until the entry into force 

of the NAFTA on January 1, 1994. The provisions differ slightly for Canadian citizen applicants and Mexican 

citizen applicants. Presently, the number of Mexican citizens entering the United States as TN professionals 

under NAFTA is limited to 5,500. There is no numerical limitation on the number of Canadian citizen TN 

professionals. 

As with the CFTA, admission as a TN under section 214(e) of the Act does not imply that the citizen of Canada 

or Mexico would otherwise qualify as a professional under sections 101(a)(15)(H)(i) or 203(b)(3) of the Act. 

Note too that Section D of Annex 1603 does not authorize a professional to establish a business or practice in the 

United States in which the professional will be self-employed. Canadian or Mexican citizens seeking to engage 

in self-employment in trade or investment activities in the United States must seek classification under section 

101(a)(15)(E) of the Act. 

(2) Appendix 1603.D.1 to Annex 1603 of the NAFTA. Under NAFTA, an applicant seeking 

classification as a TN must demonstrate business activity at a professional level in one of the professions or 

occupations listed in Appendix 1603.D.1 to Annex 1603. Appendix 1603.D.1 (which replaces Schedule 2 to 

Annex 1502.1 of the CFTA) is set forth at 8 CFR 214.6(c). A Baccalaureate (bachelor's) or Licenciatura degree is 

the minimum requirement for these professions unless an alternative credential is otherwise specified. In the 

case of a Canadian or Mexican citizen whose occupation does not appear on Appendix 1603.D.1 or who does not 

meet the transparent criteria specified, nothing precludes the filing of a petition for classification under another 

existing nonimmigrant classification. 

A footnote to Appendix 1603.D.1 allows for temporary entry to perform training functions relating to any of the


cited occupations or profession, including conducting seminars. However, these training functions must be 

conducted in the manner of prearranged activities performed for a U.S. entity and the subject matter to be 

proffered must be at a professional level. The training function does not allow for the entry of a business person 

to conduct seminars which do not constitute the performance of prearranged activities for a U.S. entity. 

The terms "state/provincial license" and "state/provincial/federal license" means any document issued by a state, 

provincial, or federal government, as the case may be, or under its authority, but not by a local government, that 

permits a person to engage in a regulated activity or profession. 

A "Post Secondary Diploma" means a credential issued, on completion of two or more years of post secondary 

education, by an accredited academic institution in Canada or the United States. A "Post Secondary Certificate" 

means a certificate issued, on completion of two or more years of post secondary education at an academic 

institution, by the federal government of Mexico or a state government in Mexico, an academic institution 

recognized by the federal government or a state government, or an academic institution created by federal or 

state law. 

The following notes relate to NAFTA TN admissions in specific occupations: 

(A) A business person in the category of "Scientific Technician/ Technologist" must be seeking 

temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, 

chemistry, engineering, forestry, geology, geophysics, meteorology or physics. These occupations do not 

ordinarily require a baccalaureate. Supporting documents could be an attestation from the prospective U.S. 

employer or the Canadian employer, or other documents establishing the individual possesses the skills set forth 

in Appendix 1603.D.1. 

(B) A business person in the category of "Medical Laboratory Technologist (Canada) /Medical 

Technologist (Mexico and the United States)" must be seeking temporary entry to perform in a laboratory 

chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for 

diagnosis, treatment, or prevention of diseases. 

(C) Foreign medical school graduates seeking temporary entry in the category of "Physician (teaching 

or research only)" may not engage in direct patient care. Patient care that is incidental teaching and/or research 

is permissible. Patient care is incidental when it is casually incurred in conjunction with the physician's teaching 

or research. To determine if the patient care will incidental, factors such as the amount of time spent in patient 

care relative to teaching and/or research, whether the physician receives compensation for such services, 

whether the salary offer is so substantial in teaching and/or research that direct patient care is unlikely, or 

whether the physician will have a regular patient load, should be considered by the officer. 

(D) Registered nurses must demonstrate eligibility by providing a provincial or state license or 

Licenciatura degree. However, in order to be admitted, the registered nurse must present a permanent state 

license, a temporary state license, or other temporary authorization to work as a registered nurse, issued by the 

state nursing board in the state of intended employment. Registered nurses holding temporary state licenses or 

other temporary state authorization shall not be required to show they have passed the examination given by the 

Commission on Graduates of Foreign Nursing Schools (CGFNS). Admission of nurses should not be limited to 

the expiration date of either document. 

(E) Sylviculturists and foresters plan and supervise the growing, protection, and harvesting of trees. 

Range managers manage, improve, and protect rangelands to maximize their use without damaging the 

environment. A baccalaureate or Licenciatura degree in forestry or a related field or a state/provincial license 

is the minimum entry requirement for these occupations. 

(F) Disaster relief insurance claims adjusters must submit documentation that there is a declared 

disaster event by the President of the United States, or a state statute, or a local ordinance, or an event at a site 

which has been assigned a catastrophe serial number by the Property Claims Service of the American Insurance 

Services Group, or, if property damage exceeds $5 million and represents a significant number of claims, by an 

association of insurance companies representing at least 15 percent of the property casualty market in the U.S. 

(G) Management consultants provide services which are directed toward improving the managerial, 

operating, and economic performance of public and private entities by analyzing and resolving strategic and


operating problems and thereby improving the entity's goals, objectives, policies, strategies, administration, 

organization, and operation. Management consultants are usually independent contractors or employees of 

consulting firms under contracts to U.S. entities. They may be salaried employees of the U.S. entities to which 

they are providing services only when they are not assuming existing positions or filling newly created 

positions. As a salaried employee of such a U.S. entity, they may only fill supernumerary temporary positions. 

On the other hand, if the employer is a U.S. management consulting firm, the employee may be coming 

temporarily to fill a permanent position. Canadian or Mexican citizens may qualify as management consultants 

by holding a Baccalaureate or Licenciatura degree or by having five years of experience in a specialty related to 

the consulting agreement. 

(H) The computer systems analyst category does not include programmers. A systems analyst is an 

information specialist who analyzes how data processing can be applied to the specific needs of users and who 

designs and implements computer-based processing systems. Systems analysts study the organization itself to 

identify its information needs and design computer systems which meet those needs. Although the systems 

analyst will do some programming, the TN category has not been expanded to include programmers. 

(I) Hotel Managers must possess a Baccalaureate or Licenciatura degree in hotel/restaurant 

management. A post secondary diploma in hotel/restaurant management plus 3 years of experience in the field 

will also qualify. 

(J) Animal and Plant Breeders breed animals and plants to improve their economic and aesthetic 

characteristics. Both occupations require a Baccalaureate or Licenciatura degree. 

(3) Qualifications. The NAFTA professional must meet the following general criteria: 

- Be a citizen of a NAFTA country (Canada or Mexico). 

- Be engaged in professional-level activities for an entity in the United States. Only those 

professional-level activities listed in Appendix 1603.D.1 to Annex 1603 are covered under the NAFTA. The 

applicant must establish that the professional-level services will be rendered for an entity in the United States. 

The NAFTA professional category is not appropriate for Canadian or Mexican citizens seeking to set up a 

business in the United States in which he or she will be self-employed. 

- Be qualified as a professional. The applicant must establish qualifications to engage in one of the 

activities listed in Appendix 1603.D.1. The Minimum Education Requirements and Alternative Credentials are 

listed in the Appendix for each professional-level activity. The regulation requires that degrees, diplomas, or 

certificates received by the TN applicant from an educational institution outside of the United States, Canada, or 

Mexico must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in 

such evaluations. Experiential evidence should be in the form of letters from former employers. If the applicant 

was formerly self-employed, business records should be submitted attesting to that self-employment. 

- Meet applicable license requirements. To practice a licensed profession, Canadian and Mexican 

entrants must meet all applicable requirements of the state in which they intend to practice. 

- Be in the United States temporarily. The NAFTA professional must establish that the intent of entry is 

not for permanent residence. 

(4) Application Process. 

(A) Citizens of Canada. A citizen of Canada may apply for entry to the U.S. as a NAFTA professional 

at major ports-of-entry, airports handling international flights, or at the airports in Canada where the Service 

has established a pre-clearance/pre-flight station. The applicant must submit documentary proof that he or she 

is a citizen of Canada. Such proof may consist of a Canadian passport or birth certificate together with photo 

identification. No visa is required for entry, but the applicant may seek visa issuance if desired. 

The application for entry as a TN must be made to an immigration officer. There is no written application, and 

no prior petition, labor certification, or prior approval is required for Canadian citizens applying for admission 

to the U.S. in TN status. Documentation from the prospective employer in the U.S. must include the following:


- A statement (in the form of a letter or contract) of the professional-level activity listed in Appendix 

1603.D.1, in which the applicant will be engaging and a full description of the nature of the job duties the 

applicant will be performing, the anticipated length of stay, and the arrangements for remuneration; 

- Evidence that the applicant meets the educational qualifications or alternative credentials for the 

activity listed in Appendix 1603.D.1; and 

- Evidence that all licensure requirements, where required by state or local law, have been satisfied. 

(B) Citizens of Mexico. A citizen of Mexico may apply for entry to the U.S. as a NAFTA professional at 

major land border ports-of-entry, airports handling international flights, or at the airports in Canada where the 

Service has established a pre-clearance/pre-flight station. However, a citizen of Mexico must be in possession of 

a TN nonimmigrant visa issued by an American Consulate and present a valid Mexican passport. 

Citizens of Mexico seeking classification as a TN must do so on the basis of a petition filed by the U.S. employer. 

Before filing the petition, the employer must meet the labor application requirement of section 212(n) of the Act. 

Each prospective U.S. employer must file the petition on Form I-129, Petition for Nonimmigrant Worker, with the 

Nebraska Service Center, even in emergent circumstances, with the following: 

- Evidence that the applicant is a citizen of Mexico; 

- Evidence that the employer has filed with the Secretary of Labor Form ETA 9035 to show that the 

petitioner has met the labor condition application requirement of section 212(n) of the Act; 

- A statement of the activity listed in Appendix 1603.D.1 in which the beneficiary will be engaging, a full 

description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the 

arrangements for remuneration; 

- Evidence that the applicant meets the educational and/or alternative credentials for the activity listed 

in Appendix 1603.D.1; and 

- Evidence that all applicable state or local licensure requirements have been satisfied. 

The Service will provide the U.S. employer with a written decision approving or denying the petition. The 

applicant must then present the approval notice to the consular official when applying for a TN visa. There is a 

fee to apply for a TN visa. A petition classifying a citizen of Mexico as a TN professional may be approved for 

up to 1 year. In the case of a petition denial, full appeal rights through the Administrative Appeals Unit are 

available to the petitioner. 

(5) Terms of Initial Admission. 

(A) Canadians. A Canadian citizen who qualifies for admission under the NAFTA in the TN 

classification must remit the fee prescribed in 8 CFR 103.7 (presently $50.00 US) upon admission. Issue the 

applicant a Service fee receipt (Form G-211, Form G-711, or Form I-797) and a multiple entry Form I-94 showing 

admission in the classification TN for the period requested not to exceed 1 year. 

(B) Mexicans. A Mexican citizen seeking admission in TN classification is required to present a valid 

TN visa issued by an American Consulate. In addition to the visa requirement, the Mexican citizen must present 

at the time of application for initial admission a copy of the employer's statement regarding the nature of the 

applicant's duties in the United States. Admit a Mexican TN for the validity period of the approved petition and 

issue a multiple entry Form I-94 showing admission classification as TN. (Note that only citizens of Canada pay 

the TN fee at the port-of-entry. This fee is not charged to Mexican citizens when applying for TN classification 

at the port-of-entry because fees are charged for filing the I-129 petition and for issuance of the TN nonimmigrant 

visa.) 

At the time application for admission, the citizen of Canada or Mexico will be subject to inspection to determine 

the applicability of section 214(b) of the Act (presumption of immigrant intent) to the applicant.


(6) Procedures for Readmission. 

(A) Canadians. A Canadian citizen eligible for TN classification may be readmitted to the U.S. for the 

remainder of the period authorized on his or her Form I-94, without presentation of the letter or supporting 

documentation described above, provided that the original intended business activities and employer(s) have 

not changed. If the Canadian citizen is no longer in possession of a valid, unexpired Form I-94, the applicant 

must present substantiating evidence. Substantiating evidence may be in the form of a Service fee receipt for 

admission as a TN, a previously issued TN admission stamp in a passport, and a confirming letter from the U.S. 

employer(s). Upon readmission, issue a new multiple entry Form I-94. 

(B) Mexicans. The citizen of Mexico who is in possession of a valid Form I-94 may be readmitted for 

the remainder of the time authorized provided that the original intended professional activities and employer(s) 

have not changed and should retain possession of that original Form I-94. If no longer in possession of a valid 

Form I-94 (e.g. a citizen of Mexico seeking readmission upon return from a trip to Europe), the Mexican citizen 

may be readmitted upon presentation of a valid TN visa and evidence of prior admission. Evidence of prior 

admission may include, but is not limited to, an INS fee receipt from a prior entry or an admission stamp in the 

applicant's passport. Upon readmission, a new I-94 shall be issued bearing the legend "multiple entry." 

(7) Extension of stay. 

(A) Canadians. A citizen of Canada admitted pursuant to NAFTA may seek an extension of stay as a 

TN through the filing of a Form I-129 by the U.S. employer with the Nebraska Service Center. No Department of 

Labor certification requirements apply to a Canadian citizen in TN status who is seeking to extend that status. 

The applicant must be in the U.S. at the time of filing the extension request. Provision is made for port-of-entry 

notification should the applicant depart the U.S. during the pendency of the application. An extension may be 

granted for up to 1 year. 

A citizen of Canada is not precluded from departing the U.S. and applying for admission with documentation 

from a U.S. employer (or foreign employer, in the case of a Canadian citizen who is seeking to provide 

prearranged services at a professional level to a U.S. entity) which specifies that the applicant will be employed 

in the U.S. for an additional period of time. The evidentiary requirements outlined above must be met by the 

applicant and the prescribed fee must be remitted upon admission. 

(B) Mexicans. A citizen of Mexico seeking an extension of stay in the U.S. in TN status also must be 

petitioned for on Form I-129 at the Nebraska Service Center. Documentary requirements include evidence that 

Department of Labor certification requirements continue to be met by the employer. Provision is included for 

consular notification should the applicant leave the U.S. during the pendency of the application. A petition 

extension and extension of the applicant's stay may be granted for up to 1 year. 

(C) Limitations. At the present time, there is no specified upper limit on the number of years a citizen of 

Canada or Mexico may remain in the U.S. in TN classification, as there is with most of the other nonimmigrant 

classifications. However, section 214(b) of the Act is applicable to citizens of Canada or Mexico who seek an 

extension of stay in TN status and applications for extension or readmission must be examined in light of this 

statutory provision. 

Except as limited by section 248 of the Act, a citizen of Canada or Mexico who is currently in the U.S. in another 

valid classification is not precluded from requesting a change of status to TN. If such applicant is in the U.S. as 

an H-1 or L-1, he or she may be changed to TN status if otherwise eligible, without regard to the maximum time 

limits for those classifications. A Canadian J nonimmigrant who is subject to the 2-year foreign residence 

requirement may not change to TN classification, but may leave the U.S. and seek readmission as a TN. 

(8) Request for change/additions of U.S. employers. A Canadian or Mexican citizen may change or 

add employers while in the U.S. through the filing of Form I-129 at the Northern Service Center. All 

documentary requirements pertaining to a citizen of Canada or a citizen of Mexico outlined above must be met. 

Employment with a different or with an additional employer is not authorized prior to INS approval of the 

petition. 

Alternatively, the Canadian citizen may depart the United States and apply for reentry for the purpose of 

obtaining additional employment authorization with a new or additional employer. Documentary


requirements outlined above must be met and the prescribed fee must be remitted upon readmission. 

No action is required by a Canadian or Mexican citizen who is transferred to another location by the U.S. 

employer to perform the same services. An example of such an acceptable transfer would be to a branch or office 

of the employer. If the transfer is to a separately incorporated subsidiary or affiliate, Form I-129 must be filed. 

(9) Spouse and unmarried minor children. The spouse and unmarried minor children who are 

accompanying or following to join a TN professional, if otherwise admissible, are to be accorded TD (Trade 

Dependent) classification. These are required to present a valid, unexpired nonimmigrant visa unless otherwise 

visa-exempt under 8 CFR 212.1. (Those persons who are normally exempt from nonimmigrant visa 

requirements include citizens of Canada and Landed Immigrants of Canada having a common nationality with 

Canadian citizens). 

There is no requirement that the TD dependent be a citizen of Canada or Mexico. 

No fee is required for admission of dependents in TD status (except the fee for the I-94) and they are to be issued 

multiple entry Forms I-94. 

A TD spouse or child is not authorized to accept employment while in the U.S. in such status. Dependents in TD 

status may attend school in the U.S. on a full-time basis as such attendance is deemed incident to status. 

(10) Denial. In the event a Canadian citizen applying for admission pursuant to NAFTA cannot 

demonstrate to the admitting officer that he or she satisfies the TN documentary requirements, the Canadian 

citizen should be offered a hearing before an immigration judge provided the applicant is confident he or she, in 

fact, meets the requirements pursuant to the NAFTA, Appendix 1603.D.1 The request for a hearing is equivalent 

to a TN appeal or a reconsideration of the admitting officer's decision. 

15.6 Transit without Visa (TWOV) Admissions. 

(a) General description. An alien in immediate and continuous transit through the U.S. without a visa may be 

admitted under certain restrictions. Admission procedures are significantly different than for other 

nonimmigrants. Only a carrier signatory to a TWOV agreement may bring a TWOV applicant to the U.S., and 

only to specific ports-of-entry. TWOV agreements are provided for by section 233 of the Act and discussed in 

Chapter 42. Ports-of-entry for TWOV passengers are listed in 8 CFR 214.2(c). The list of carriers with TWOV 

agreements is contained in Appendix 42.1. Aliens of certain nationalities are only eligible for limited TWOV 

privileges as specified in 8 CFR 212.1(f)(2). Citizens, or in some instances residents, of certain countries are 

barred from TWOV privileges entirely, as specified in 8 CFR 212.1(f)(3). TWOV carriers are liable for 

"liquidated damages" whenever an arriving TWOV passenger fails to depart as scheduled. Liquidated 

damages procedures are discussed in Chapter 43. 

(b) Documents required. TWOV applicants are exempt passport and visa valid for entry into the U.S., but must 

be in possession of a travel document or documents establishing his/her identity and nationality and ability 

(including any required visa) to enter the country to which destined, other than the U.S. [See 8 CFR 212.1(f)(1).]. 

Each TWOV passenger must have a confirmed transportation ticket to depart from the U.S. within 8 hours or on 

the first available transportation. A maximum of two stopovers en route is permitted. 

(c) Processing procedures. Each arriving TWOV passenger should present a blue I-94T along with other 

required documents stated above. Enter the appropriate carrier arrival and departure information including 

the departure ticket number (normally a 13-digit number, taken from the ticket segment showing travel to the 

foreign destination) in the shaded blocks on the lower front of the arrival portion of I-94T. It is critical that all 

information on the I-94T be complete, correct and legible, since the form is the basis on which the Service can 

assess damages in the event the passenger fails to depart. Staple the departure I-94 to the outbound ticket coupon 

and retain the arrival I-94 at the port. Stamp the passport with the admission stamp and endorse it "TWOV". 

Once the admission process is complete, turn the passenger and documents over to the arrival carrier, in 

accordance with local port procedures. 

(d) Processing Ineligible and Mala Fide TWOV Applicants; TWOV Abscondees. If you determine a TWOV 

applicant is technically ineligible for that classification or is not a bona-fide transit passenger, first determine if


the alien will be permitted to leave on his or her own recognizance, or remain in custody until departure. 

Contact the airline to arrange for a departure flight. If the alien is to be released, prepare Form I-160 and a 

regular I-94, endorsed with the parole stamp and departure information. Complete Form I-259 and serve it on 

the carrier. Institute fine proceedings, if the alien was statutorily ineligible for TWOV status. 

If the alien is found to be a mala-fide TWOV applicant or will not be released, prepare an I-160 and I-94 and 

endorse the admission block of the I-94; "I-259 served on (airline) to remove alien to (port) via (flight number) on 

(flight date)". Endorse the reverse of the I-94: "Ineligible TWOV." Prepare and serve an I-259 on the carrier to 

effect removal. 

If a TWOV abscondee is reported, follow the procedures described in Chapter 43.6. If a TWOV applicant 

absconds after service of an I-259, report a violation of section 241(d) of the Act, using Form I-849 [See Chapters 

43.3(a)(5)(E) and 43.6.]. 

(e) Special notes. 

(1) Crew members. An alien crewmember coming to join a vessel admitted as TWOV must have a D 

visa and a letter from the shipping company or agent responsible for the vessel. 

(2) Delayed departure. If a TWOV passenger cannot depart as scheduled due to circumstances beyond 

his or her control, such as aircraft mechanical problems or weather, the inspector must locate the arrival I-94T, 

destroy both portions and execute a new I-94T with the revised departure data. In the event the original I-94T 

arrival segment has been forwarded for data entry, place an admission stamp showing the original scheduled 

departure date on the reverse of the departure section, write the word "canceled" across the stamp and prepare a 

new I-94T. 

(3) Deportees. An alien being deported from another country, through the U.S., should not be 

processed as a TWOV. Use parole procedures. 

(4) TWOV to Canada. Since a large segment of TWOV passengers are destined to Canada, the list of 

countries whose nationals must have a visa to enter Canada is included in Appendix 15-5. Except for TWOV 

applicants who are joining a vessel in Canada as a crewmember or who are leaving the U.S. as a crewmember on 

a vessel destined to Canada, nationals of countries on this list must have a Canadian visa in order to be 

admitted as TWOV passengers. 

(5) Missed departure. If an TWOV applicant has already missed his or her scheduled departure at the 

time of application for admission, or if the departure is scheduled via a different mode of transportation, refer 

the applicant to secondary for confirmation of departure arrangements. 

(6) Entry of TWOV passengers at ports not designated for TWOV admissions. There is one exception 

to the requirement that all TWOV passengers enter only at designated TWOV ports. An alien in transit from one 

part of contiguous territory to another part of the same contiguous territory may be admitted as TWOV if the 

applicant is otherwise admissible and satisfies all other TWOV requirements [See 8 CFR 214.2(c)(1).]. 

(7) Unescorted TWOV passengers. Although carriers are required to ensure the passage of TWOV 

passengers in accordance with the terms of TWOV admission, it is not Service policy to impose a fine under 

section 243 of the Act simply because a TWOV passenger appears for inspection unescorted. If a carrier 

repeatedly fails to take adequate safeguards with TWOV passengers, report the matter to Headquarters, 

Inspections. 

(8) Hong Kong residents. TWOV restrictions applicable to PRC nationals pursuant to 8 CFR 212.1(f)(2) 

do not apply to holders of HKSAR passports. 

15.7 Visa Waiver Pilot Program (VWPP). 

(a) General Description. Nonimmigrants from countries designated in 8 CFR 217, seeking entry for business or 

pleasure for 90 days or less, may be eligible to enter without visas under the VWPP, authorized by section 217 of 

the Act. Although technically still a "pilot program" with a sunset scheduled for September 30, 1997, the 

program has been extended several times and is likely to be continued and expanded. The list of pilot countries, 

whose nationals are eligible for admission under the program, is contained in 8 CFR 217. Only carriers who


have a valid agreement of Form I-775 may transport VWPP applicants for air or seaport admissions. Private 

or corporate aircraft or yachts do not qualify. The VWPP carrier agreements are discussed in Chapter 42. A list 

of carriers with agreements is included as Appendix 42-2. By signing the agreement, a carrier agrees to remove 

(from the original port-of-entry in the U.S.) any refused VWPP applicant or any VWPP-admitted alien who 

subsequently violates status. 

(b) Documents Required. A VWPP applicant must have a passport valid for 6 months beyond the period of 

intended stay, a return-trip ticket or other authorized voucher or pass and a completed Form I-94W. An alien 

with an expired passport is ineligible for VWPP admission. If a waiver is granted, the waiver should include 

both passport and appropriate nonimmigrant visa. 

(c) Processing Procedures. Business visitors applying under this program are admitted "WB" and visitors for 

pleasure and transits are admitted "WT". Conditions for admission are specified in section 217 of the Act and 8 

CFR part 217. All VWPP admissions are for 90 days unless the applicant's travel document is valid for a lesser 

period. Review the Form I-94W presented by the applicant to insure it is complete and legible, that all questions 

have been answered and that the form is signed. Inspection of the return ticket by the primary officer is not 

ordinarily required. Questioning to determine admissibility should be no different than for other B-1/B-2 visa 

holders. Note the I-94 with WB or WT, as appropriate and the date to which admitted (90 days from the 

admission date). Stamp the passport with the admission stamp and admission class. 

(d) Land Border Arrivals. A VWPP applicant may apply for admission at a land border. The applicant must 

complete and sign the I-94W. No carrier is involved, so no return ticket is required, but the applicant must 

satisfy the inspecting officer that he or she maintains a foreign residence and has sufficient financial resources 

for the visit. 

(e) Refusals. Aliens who attempt entry under the VWPP, but are found inadmissible by the inspecting officer, 

are removed from the U.S. without further administrative hearing, unless they seek asylum. The port director or 

officer-in-charge, or an officer acting in that capacity, has the authority to order removal of a VWPP applicant. 

Because the inspecting officer's decision is, as a practical matter, final, you must exercise particular care to 

ensure removals are handled fairly and thoroughly documented. The program is still considered a pilot 

program and the conduct of the Service in administering it is closely monitored. VWPP asylum claimants are 

counted statistically as refusals, even though they are paroled pending adjudication of their claim. 

Ensure the I-94W for a refused VWPP applicant is completed and signed. If the alien declines to sign the I-94W, 

he or she is not considered a VWPP applicant. In that case, follow procedures outlined in Chapter 17.6, for 

institution of removal proceedings. In addition, prepare a memorandum of facts for institution of fine 

proceedings against the carrier, as described in Chapter 43.3 

During the course of the inspection of an alien who presents him/herself as a VWPP applicant, if you determine 

that the alien is not, in fact, a national of a qualifying country (i.e., the alien is an impostor), you should institute 

removal proceedings in accordance with Chapter 17.6 and 17.15, as appropriate. 

If the alien has signed the I-94W, open an "A" file and take a sworn statement to establish inadmissibility. 

Complete Form I-275, checking the box for VWPP refusal and recording all information about the alien and the 

reasons for refusal. Endorse the inside of the back cover of the passport with "8 CFR 217.4(b)", the file number, 

date and port code. Endorse both portions of the I-94W "refused," and the applicable INA section; line stamp or 

enter the date, port and your stamp number. Also note the departure flight information in the admission block. 

Enter the reason for refusal in block 13 of the form. Provide the alien a copy of the sworn statement and a copy of 

the I-94W, free of reference to any lookout intercept. Prepare and serve Form I-259, Notice to Detain, Remove 

or Present Aliens, on the responsible carrier to remove the alien. Prepare a lookout request as described in 

Chapter 31.5. Forward the arrival section of the I-94W for data entry. Photocopy the cover, data page and any 

other relevant passport pages, as well as any other relevant materials. Distribute copies of all these materials to 

the "A" file, consular post having jurisdiction over the alien's permanent residence and the port-of-entry file. 

Ports are required to maintain records of VWPP refusals for 1 year. Three sets of fingerprints on Form FD-249 

should be collected if the refusal is based on fraud or criminal grounds. 

A VWPP applicant is not entitled to a hearing before an immigration judge, but a VWPP applicant who seeks 

asylum must be referred to an immigration judge for a limited asylum hearing under 8 CFR 208.2(b). Complete 

the procedures above as for any VWPP refusal, and then use Form I-863, Notice of Referral to Immigration Judge,


checking Box #3 and the appropriate category within that paragraph, to refer the alien to the judge for the 

asylum hearing. Place the alien in Service custody pending the asylum hearing. 

(f) Overstays. In emergent circumstances, a district director may grant an alien admitted under the VWPP 

program satisfactory departure in increments of 30 days or less. Such actions must be endorsed on the original 

I-94W so that the data can be captured in NIIS when the alien departs. (See paragraph (i) below regarding 

removal of aliens admitted under the VWPP program.) 

(g) Readmission after Departure to Contiguous Territory or Adjacent Islands. VWPP aliens who depart from 

and return to the U.S. during their 90-day admission period may be readmitted for the balance of their original 

admission period without issuance of a new I-94W. If the original I-94W was lifted, a new I-94W is required. If 

feasible, check NIIS for the original I-94W number and write it on the new I-94W. Endorse block 12 with the 

letter "R" to denote a readmission. Reentry during the original admission period need not be on a signatory 

carrier. Liability of the original carrier, if any, is unaffected by such brief departures. Treat a reentry after 

expiration of the original admission period as an entirely new arrival. An alien reentering during his or her 

original VWPP admission period may be readmitted for the balance of the original period or make a new VWPP 

admission. It is important to note that the original carrier retains liability only if the applicant is readmitted for 

the balance of the original VWPP admission. 

The term "adjacent islands" for this purpose means Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, 

Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic, 

Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, 

Saint-Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint 

Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other 

British, French and Netherlands territory or possession bordering on the Caribbean Sea. 

(h) Notifications to Carriers of Liability for VWPP violators. Use Form I-259, Notice to Detain, Remove or 

Present Aliens to notify a carrier of liability when a VWPP violator is identified. Check the appropriate box 

requiring the carrier to remove the alien. The carrier is responsible for transportation costs only from the 

original port of arrival on the first available transportation (even if this is not with the responsible carrier). If 

the alien is not removed by the first available means, any additional expenses, including detention costs, are 

incurred by the carrier. The Service is responsible for removal of VWPP aliens arriving by land, except for those 

being readmitted during the original admission period. 

(i) Removal of aliens admitted under the VWPP program. An alien admitted under the VWPP program who 

remains longer than authorized or otherwise violates his/her status may be removed from the United States 

without a hearing before an immigration judge. This applies regardless of whether the alien admitted as a 

VWPP was originally entitled to admission under the program or not. For example, if an alien gained 

admission by falsely claiming to be a national of a VWPP country (including presentation of a counterfeit or 

impostor passport from such country), and was later discovered to be here in violation of the law, he/she would 

still not be entitled to a section 240 hearing before an IJ. 

When such alien is encountered, the arresting officer should: 

- Prepare an I-213; 

- Take a sworn statement (if appropriate); 

- Issue a letter to the alien notifying him/her that the Service has determined that he/she violated the 

conditions of his/her admission under the VWPP program and that he/she is being removed from the United 

States, without hearing before an immigration judge, in accordance with the provisions of the Visa Waiver Pilot 

Program; 

- Except in cases where the alien entered over the land border, issue Form I-288, notifying the carrier that 

it is responsible for removing the alien and that it must make appropriate transportation arrangements; and 

- Prepare Form I-296 notifying the alien that he/she is precluded from reentering the United States for a 

period of 10 years (unless the alien has been previously removed or the alien is an aggravated felon, in which 

case the relevant greater bar would attach). The Form I-296 would be endorsed (including taking the fingerprint


and attaching a photograph) and issued at the time of the alien's actual removal from then United States. 

Although an alien admitted under the VWPP program is not entitled to a hearing before an immigration judge, 

one who seeks asylum must be referred to an immigration judge for a limited asylum hearing under 8 CFR 

208.2(b). Complete the procedures above as for any VWPP removal, and then use Form I-863, Notice of Referral 

to Immigration Judge, checking Box #3 and the appropriate category within that paragraph, to refer the alien to 

the judge for the asylum hearing. Place the alien in Service custody pending the asylum hearing. 

(j) Special Notes. 

(1) British Passports. Only British citizens with unrestricted right of abode in the United Kingdom are 

eligible for VWPP admission. If the national status block on the data page of the passport is endorsed "British 

citizen" the holder is eligible for the program. If the national status block is endorsed "British Subject: Citizen of 

the United Kingdom and Colonies," page five must be endorsed "Holder has the right of abode in the United 

Kingdom" in order to qualify for the VWPP program. If the notation "British Subject: Citizen of the United 

Kingdom and Colonies" is crossed out, page five, or another referenced page must have the endorsement 

"National Status: British citizen" in order to qualify for VWPP admission. 

New machine-readable, burgundy -colored, British passports qualify for VWPP admission if the words 

"European Community" appear at the top of the cover page and the nationality on page 4 is endorsed "British 

Citizen." 

(2) Japanese Passports. Since Japanese passports are issued solely to nationals of Japan, all Japanese 

passports qualify for VWPP purposes. 

(3) German Passports. Since the reunification of East and West Germany, identity and travel 

documents issued by the German Democratic Republic (GDR) are recognized as valid travel and identity 

documents by the Federal Republic of Germany and qualify for VWPP purposes. GDR identity and provisional 

identity documents do not show that the bearer has the right to return to Germany, therefore, they do not qualify 

for VWPP purposes. 

(4) Crewmembers in Transit. Alien crewmembers traveling as passengers, "deadheading" 

crewmembers, and seamen with letters indicating they are joining a vessel docked in the U.S. are eligible for 

VWPP admission as business visitors. 

(5) Prior Deportees Ineligible. Aliens inadmissible under section 212(a)(9)(A)(i) or (9)(A)(ii), 

regardless of whether they have received permission to reapply from the Attorney General, are not eligible for 

VWPP admission. Such persons must apply for a visa during the relevant period barring readmission specified 

in the Act. 

15.8 Guam Visa Waiver Program. 

(a) General Description. The Guam Visa Waiver Program (GWVP) is found in Section 212(l) of the Act. It was 

created by Section 14 of Public Law 99-396 (Aug. 27, 1986). Regulations pertaining to the Guam Visa Waiver 

Program are found in 8 CFR 212.1(e). The program allows nationals of designated countries to be admitted to 

Guam for 15 days for business or pleasure with their stay restricted to the Territory of Guam only. Carriers 

must sign a separate agreement, Form I-760, to transport applicants under the GVWP. The GVWP is also 

distinguished from the VWPP in that a prior violation of the program does not make one ineligible in the future. 

Prior to enactment of section 245(i) of the Act in 1994, adjustment of status was prohibited. Section 245(i) 

provided for the adjustment of status of GVWP aliens. 

Applicants for admission from a country included in both the GVWP and the VWPP will be inspected under the 

program determined by the documentation they present. 

(b) Documents Required. A GVWP applicant must have a passport valid for 6 months beyond the period of 

intended stay, a return-trip ticket, a completed form I-736, and a completed Form I-94. 

(c) Processing Procedures. Check Form I-736 and Form I-94 for completeness and make sure Form I-736 has 

been signed. If inspection determines the applicant is admissible, endorse the I-94 with the proper class of 

admission: GB for nonimmigrant visitor for business or GT for nonimmigrant visitor for pleasure. The period of


admission will be for 15 days. Stamp the passport with the appropriate endorsement. Staple Form I-94 to the 

top of Form I-736 and route to the contractor. 

(d) Refusals. Aliens who attempt entry under the GVWP, but are found inadmissible by the inspecting officer, 

are removed from the U.S. without further administrative hearing, unless they seek asylum. The port director or 

officer-in-charge, or an officer acting in that capacity, has the authority to order removal of an applicant under 

this provision. Because the inspecting officer's decision is, as a practical matter, final, you must exercise 

particular care to ensure removals are handled fairly and thoroughly documented. The conduct of the Service in 

administering this program is still closely monitored. For handling GVWP applicants seeking asylum, use the 

same I-863 referral procedures as for VWPP applicants as discussed in Chapter 15.7(e). 

Ensure the Form I-736 for a refused GVWP applicant is completed and signed. If the alien declines to sign the 

I-736, he or she is not considered a GVWP applicant. In that case, follow procedures outlined in Chapter 17.6, for 

institution of removal proceedings. In addition, prepare a memorandum of facts for institution of fine 

proceedings against the carrier, as described in Chapter 43.3. 

If the alien has signed the I-736, open an "A"file, take a sworn statement to establish inadmissibility, and endorse 

the passport with the file number, date, and port code. Endorse both portions of the I-94 with "refused," the 

applicable INA section, and line stamp or enter the date, port, and your stamp number. Enter the reason for 

refusal in block 26 of the form. Provide the alien a copy of the sworn statement and a copy of the I-94, free of 

reference to any lookout intercept. Prepare and serve Form I-259, Notice to Detain, Remove, or Present Aliens, on 

the responsible carrier to remove the alien. Prepare a lookout request as described in Chapter 31.5 Forward the 

arrival section of the I-94 stapled to the top of the Form I-736 for data entry. Photocopy the cover, data page, and 

any other relevant passport pages, as well as any other relevant materials. Distribute copies of these materials to 

the A file, consular post having jurisdiction over the alien's permanent residence and the port-of-entry file. Ports 

are required to maintain records of GVWP refusals for one year. 

Refusals under the GVWP will be shown in the NIIS system as class "GR". 

15.9 Border Crossing Card (BCC) Admissions. 

(a) General. The term "border crossing card" is somewhat confusing, since it actually refers to several different 

documents, issued to different categories of nonimmigrants for different purposes. First is the Mexican Border 

Crossing Card, Form I-186/586, the most commonly used border crossing card. It is issued by INS to Mexican 

nationals and is used in lieu of a B-1 or B-2 visa at any port-of-entry. Form I-186 was also issued previously by 

some consular posts in Mexico. 

Second, consulates in Mexico also issue a combination B-1/B-2 visa and Mexican Border Crossing Card which 

serves the same purpose. These are issued in three different formats: the Burroughs visa, Machine Readable Visa 

(MRV), and the Stand Alone Visa (SAV). All U.S. consular posts in Mexico issue some version of this 

combination B-1/B-2 visa and BCC. The SAV, a laminated card, is issued only in Mexico City; issuance began 

February 18, 1993. Only the post in Matamoros continues to regularly issue visas in the older Burroughs format, 

using a slug "BBBCC" on the visa symbol and "120 months" for the expiration date. Prior to the introduction of 

the MRV, combination BCC visas were valid indefinitely. On September 30, 1991, Mexican posts were advised 

to cease issuing indefinite BCCs and begin limiting validity to 10 years. 

Combination visa/border crossing cards are stamped only in valid Mexican Federal passports, but may be 

presented in an expired passport when used for border crossing purposes. When arriving from other than 

contiguous territory, a Mexican national using such a border crossing card/visas must have a valid passport. 

Some consular posts continue to issue border crossing stamps (without a B-1/B-2 visa) solely for border 

crossing purposes. Such stamps may be placed in either a valid or expired Mexican passport or a Mexican 

FM-13. 

Below is a list of consular posts in Mexico and the dates they began issuing MRVs instead of the Burroughs-type 

visas. 

Consular MRV Start-up 

Post Date


Ciudad 

Juarez 11/18/92 

Guadalajara 9/26/94 

Hermosillo 12/12/91 

Matamoros Scheduled 6/96 

Merida 3/14/95 

Mexico City 5/11/91 (MRV) 

2/18/93 (SAV) 

Tijuana 1/10/92 

Third, a border crossing card issued on Form I-185 is available to Canadian citizens or British subjects residing 

in Canada. Such cards are commonly issued for the purpose of documenting approval of a waiver of 

inadmissibility. Like the I-586, the I-185 may be presented for admission at any port-of-entry. 

A fourth type of border crossing card is actually a passport stamp, similar to a visa. It is issued by the 

Department of State pursuant to 22 CFR 41.33 to Landed Immigrants of Canada. This type of border crossing 

card may be used solely for entry to the U.S. from Canada or from Mexico after a visit only to Mexico. The 

border crossing card stamp may be used even if the passport in which it was stamped has expired. 

[Refer to visa requirements for Mexican and Canadian citizens and Canadian landed immigrants in Chapter 

15.3 and 8 CFR 212.1.] 

(b) Admission Procedures. When a border crossing card is used for an admission requiring Form I-94, enter the 

card number in the remarks block on the back of the I-94. 

(c) Card Issuance Procedures. Border Crossing Card issuance procedures are discussed in Chapter 21.5. 

15.10 Entry of Nonimmigrant Workers during Labor Disputes. 

(a) General. There are specific regulations governing the admission of nonimmigrant alien workers entering 

during strikes and lockouts involving their employers. In general, an alien who has not yet entered the U.S. 

under an approved I-129 petition or who has not yet entered as a D, E, or TN, is inadmissible once the Secretary 

of Labor has certified to the Attorney General that a strike is in progress. An alien who has already commenced 

employment may participate in a strike (if not engaging in unlawful conduct) without jeopardizing his or her 

status [Specific regulations governing admission of nonimmigrants during strikes are contained in relevant 

subsections of 8 CFR 214.2]. 

(b) Labor Disputes Involving NAFTA Nonimmigrants. Article 1603(2) of NAFTA establishes a safeguard for 

the domestic labor force in each NAFTA country. This provision permits each party to NAFTA to refuse issuance 

of an immigration document to a NAFTA business person whose temporary entry may affect adversely the 

settlement of any labor dispute in progress at the place or intended place of employment, or if temporary entry 

would affect adversely the employment of any person involved in such dispute. This provision may also be 

invoked with respect to a NAFTA business person seeking entry as a treaty trader, treaty investor, intracompany 

transferee, or professional, whose activities in the U.S. require an employment authorization. If a petition has 

already been approved, but the alien has not yet entered the U.S., or has entered the U.S. but not yet started 

employment, the approval of the petition may be revoked [See §214(j) of the Act, and 8 CFR 214.2(e), (l), and 

214.6]. 

Only if the Secretary of Labor certifies to or otherwise informs the Commissioner that a strike or other labor 

dispute involving a work stoppage of workers is in progress can adverse action (admission in a NAFTA 

category or approval of a petition) under this provision be initiated.


After the inspecting official determines if the temporary entry of the applicant may adversely affect the 

settlement of any labor dispute or the employment of any person who is involved in such a dispute, the applicant 

must be advised in writing of the reason(s) for the refusal. This can be the routine INS notice of refusal at the 

port-of-entry. 

In addition, written notification must be provided to the NAFTA country of which the business person is a 

citizen. The following steps should be taken at the port-of-entry or service center: 

Notify Headquarters (HQBEN), Business and Trade Services Branch, in writing (fax to (202) 514-0197) of the 

refusal. Include the following information: 

- Name and address, if known, of the business person; 

- Citizenship of the business person; 

- Date and place of refusal of document authorizing employment (I-94); 

- Name and address of prospective employer; 

- Position to be occupied; 

- Requested duration of stay; 

- Reasons for refusal; 

- Reference specific statutory or regulatory authority for refusal (if applicable); and 

- Statement indicating that the business person was informed in writing of the refusal and the reasons for 

the refusal. 

Headquarters will notify the appropriate government officials whose citizen was refused an employment 

authorization document pursuant to this NAFTA provision. 

Where a principal alien is refused classification under NAFTA, the dependent family members are not 

classifiable as dependents. 

(c) Lawful Picketing. An alien residing in contiguous territory who is a member of an international union 

having membership on both sides of the border may be admitted to participate in peaceful, lawful picketing if 

such picketing is required to fulfil a union obligation. 

15.11 Special Interest Aliens. 

Occasionally, special processing procedures are put into place for admission of specific categories of aliens. 

Usually, such procedures are necessary because of potential terrorist threats or other such matters which are a 

threat to the national security, welfare or other interests. Currently, special procedures are in place for: 

(a) Nationals of Iraq and Sudan. All nonimmigrants with Iraqi or Sudanese travel documents, except A and G 

visa holders, and holders of Forms I-512, must be fingerprinted (two sets of Form FD-258) and photographed 

(two ADIT-style photos). In addition, photocopy the I-94, Customs declaration, passport data and photo pages, 

visa, and any other pertinent travel information. Verify that the I-94 data and passport data match identically. 

15.12 Correction of Erroneous Admissions. 

(a) General. Authority exists in 8 CFR 101.2 to create a record of a previous admission where none exists or to 

correct an erroneous record, provided the error was not a result of deliberate deception or fraud on the part of


the alien. Jurisdiction for correcting such errors lies with the district office where the alien currently resides. 

The procedure described below is not to be used to "correct" an entry without inspection or attempted entry 

without inspection of an alien at other than a port-of-entry. 

(b) No Record of Admission Was Created. From time to time, you may encounter an alien who has not been 

properly inspected and admitted at a port-of-entry, through an oversight or error on the part of the government. 

In such a situation, conduct an inspection and determine the date, place and manner of arrival. Prepare a 

memorandum of facts for the district director having jurisdiction over the port where the actual entry occurred. 

If there is no objection from that district director, based on a finding that the incident occurred through 

inadvertence and was not a deliberate act on the part of the alien to avoid inspection, complete the admission, 

including preparation of an I-94, as if it occurred in the normal manner. If you determine that a record of 

admission should not be created, institute proceedings to remove the alien. In the interest of efficiency, 

consultation with the originating district may be handled by facsimile or telephonically. 

If the alien involved in such an incident is admitted as a new immigrant, follow the same procedures, processing 

the immigrant visa in the normal manner and attaching a copy of the memorandum of facts to the visa packet 

prior to forwarding the packet for card issuance. 

If the alien involved is a lawful permanent resident, this procedure is required only if he or she is regarded as 

seeking admission within the meaning of section 101(a)(13)(C) of the Act. 

(c) Incorrect Record of Admission Was Created. If incorrect admission data was recorded at the time of 

inspection, such as a misspelled or incomplete name, maiden name instead of a married name, incorrect date of 

birth or other such error, prepare a corrected I-94 and forward it for data entry. Before completing such action, 

take necessary steps to ensure neither the original error nor the proposed correction are deliberate actions 

designed for fraudulent purposes. For example, a correction on a year of birth may be part of an attempt to 

qualify for social security benefits. 

15.13 Nationals of Former Trust Territories. 

(a) General information. In 1986 an agreement between the Republic of Marshall Islands, the Federated States 

of Micronesia, and the United States became effective. The agreement is titled "Compact of Free Association". In 

1994 a separate Compact became effective for the Republic of Palau. The Compacts are Public Laws 99-239 and 

99-658 respectively. 

These island nations were Trust Territories of the United States prior to the enactment of the Compacts. Citizens 

of the Trust Territories were not required to have nonimmigrant visas if coming directly from the Trust 

Territories to Guam or Hawaii or any other part of the United States. If a citizen of the Trust Territory came to 

the U.S. in any other manner, he or she was required to have a nonimmigrant visa. Nonimmigrant F-1 students 

from the Trust Territory were also granted economic necessity part-time employment routinely (i.e., upon 

request only) under a policy stated in the Operations Instructions. In all other respects citizens of the Trust 

Territories were subject to the same treatment as any alien. 

With the implementation of the Compacts of Free Association, the visa requirements for these aliens changed. 

Under the Compacts they are admitted as nonimmigrants and may establish residence and be employed in the 

United States without regard to sections 212(a)(5)(A)(i) and 212(a)(7) of the Act. All the other grounds of 

inadmissibility and deportability apply to these aliens. The provisions of the Compacts do not apply to 

naturalized citizens of the Compact states until the naturalized citizen has resided in the Compact state for 5 

years after naturalization. During the 5-year period they are required to obtain nonimmigrant visas for any 

entry to the United States. 

Aliens who were admitted before the implementation of the Compacts and who were in the U.S. at the time of 

implementation were granted a change of status when encountered. A Form I-102, Application for Replacement 

I-94, without fee, was prepared and a new I-94 issued showing change of status to CFA/MIS or FSM or PAL as 

appropriate. 

The Honolulu District Office Examinations section and the Airport Office are excellent sources of information 

regarding status and procedures of admission for citizens of the former Trust Territories.


(b) Geographic description. The Republic of the Marshall Islands is composed of 1,225 islands grouped in 29 

atolls, 5 low islands, and 870 reefs. There are two principal chains: the Ralik Chain and Ratak Chain. 

- The Ralik Chain islands are: Taongi, Bikar, Utirik, Taka, Mejit, Ailuk, Jemo, Likiep, Wotje, Erikub, 

Maloelap, Aur, Majuro (the capital), Arno, and Mili/Knox. 

- The Ratak Chain islands are: Enewetak, Ujelang, Bikini, Rongerik, Rongelap, Ailinginae, Wotho, Ujae, 

Lae, Kwajalein, Lib, Namu, Jabwot, Ailinglaplap, Jaluit, Kili, Namorik, and Ebon. 

The Federated States of Micronesia is composed of all the Caroline Islands except for Palau (Belau). There are 

four states within the Federated States. The States with their islands are as follows: 

- State of Kosrae: Kosrae; 

- State of Pohnpei: Ant, Kapingamarangi, Mokil, Ngatik, Nukuoro, Oroluk, Pakin, Pingelap, and Pohnpei 

(the capital); 

- State of Chuuk (formerly Truk): Chuuk (Truk), East Fayu, Ettal, Kuop, Losap, Lukunor, Murilo, Nama, 

Namoluk, Namonuito, Nomwin, Pulap, Puluwat, Pulusuk, and Satawan; and 

- State of Yap: Eauripik, Elato, Fais, Faraulep, Garefut, Ifalik, lamotrek, Ngulu, Olimarao, Pikelot, 

Satawal, Sorol, Ulithi, West Fayu, Woleai, and Yap. 

The Republic of Palau (Belau) is composed of one island group and other isolated islands. The capital is Koror. 

There are nine inhabited islands. These are: Koror, Babeldaop, Peleliu, Angaur, Kayangel, Tobi, Pulo Anna, 

Sonsorol, and Helen Reef. 

15.14 Hong Kong Travel Documents. 

(a) General. On July 1, 1997, Hong Kong reverted to the control of the People's Republic of China. A separate 

administrative region, referred to as the Hong Kong Special Administrative Region (HKSAR) was established. 

Permanent residents of the HKSAR may carry various travel documents. Hong Kong residents may present one 

of several documents which meet the definition of passport under section 101(a)(30) of the Act, and are valid for 

visa-issuing purposes. British Dependent Territories Citizen passport (BDTC) ceased to be valid as of July 1, 

1997, and is no longer be acceptable as a travel document. The following four documents are acceptable travel 

documents for Hong Kong residents: 

(1) HKSAR passport. After July 1, 1997, permanent residents of Hong Kong who are ethnically Chinese 

can qualify for the new HKSAR passport. This document lists the bearer as a Chinese national with the right to 

abode in the HKSAR. 

(2) British National(Overseas) [BN(O)] passport. This passport identifies the bearer's nationality as 

"British National (Overseas)." It is issued to permanent residents of Hong Kong whom British authorities 

consider British nationals without the right to abode in the United Kingdom. Although a British travel 

document, the BN(O) does not confer the same rights as a regular United Kingdom passport. For example, 

BN(O) bearers do not have the right to live in Great Britain nor are they eligible for the Visa Waiver Pilot 

Program (VWPP). 

(3) Hong Kong Certificate of Identity. This document has been issued to permanent residents of Hong 

Kong (of at least seven years) who were not born there, or who lack proof of birth in Hong Kong. These 

documents will not be issued or renewed after July 1, 1997, but will continue to be valid through their original 

ten-year validity. They will be replaced by the HKSAR passport. 

(4) Hong Kong Document of Identity. This document has been and will continue to be issued to 

persons legally residing in Hong Kong for less than the seven years necessary to have full right of abode, and 

who cannot obtain a national passport. The document of identity is valid for return to Hong Kong at any time 

during its validity, even without an explicit re-entry visa into the HKSAR. 

(b) Visas. Machine readable visas issued in the HKSAR, Hong Kong certificate of identity, or Hong Kong


document of identity will have "HNK" in the nationality field. The BN(O) passport will have "HOKO" in the 

nationality field.


Chapter 16: Special Classes. 

References: 

INA: Sections 207, 208, 209, 212, 244. 

Regulations: 8 CFR 207, 208, 209, 212, 223, 244. 

16.1 Parole. 

(a) General considerations. Parole authority is exercised by the Attorney General pursuant to section 212(d)(5) 

of the Act in a wide variety of situations. Parole is not regarded as an "admission," therefore paroled aliens are 

subject to removal proceedings as inadmissible, rather than deportable, aliens. As an inspector, you will 

frequently initiate a parole for such things as deferred inspection, referral for removal proceedings, and in other 

situations deemed to be in the public interest. You will also process parolees who have been given advance 

paroles by other Service officers for a wide range of reasons. Parole may be extended or revoked by a Service 

officer at any time. 

(b) Processing advance paroles. Advance paroles are issued by Service officers in the U.S. or overseas. Form 

I-512, Authorization for Parole of an Alien into the United States, is issued as evidence of advance parole 

authorization. An I-512 may be issued for single or multiple entries. The form itself also includes the alien's 

biographic data, a glued on or computer imaged ADIT-style photograph, and the facsimile stamp of the district 

director for the issuing district. Manually attached photographs will also have an INS dry seal or INS 

maceration die impression. The terms and conditions of parole, including the duration of the parole, are 

specified on the form. When an advance authorization is prepared by a consular official rather than an 

immigration officer, it will be issued on Department of State letterhead. These letters are commonly referred to 

as "transportation letters" or "boarding letters" since they are addressed to the transportation line and absolve 

the line of liability for the fine ordinarily incurred when a carrier transports an alien without a required visa. 

Ordinarily, processing of paroles is handled in secondary, where there is time to access automated systems to 

verify the request. When you encounter an I-512 or boarding letter during the inspection process, examine it 

closely. Counterfeit and altered forms have been encountered. Question the applicant concerning the basis of 

their parole, to determine if his or her explanation and the basis on which the parole was issued are consistent. 

For example, an alien who has not previously been in the U.S. should not have a parole document indicating a 

pending adjustment or asylum application as the basis of issuance. 

Once you are satisfied that the person is entitled to parole, endorse the I-94 with the parole stamp, indicate in the 

appropriate block the basis of parole (e.g." I-512, adjustment applicant"), the date to which paroled (or 

indefinite), the date of action, port and your stamp number. Similarly endorse the action block on the I-512 and 

the alien's passport. If the I-512 is valid for a single entry, collect it and forward it to the files control office 

where the advance parole was issued. If the I-512 is valid for multiple entries, return it to the applicant, after 

making a photocopy for forwarding to the issuing office. If the alien parolee is permitted employment and does 

not have an employment authorization document advise the applicant about filing procedures. Special handling 

procedures described in Chapter 15.11 also apply to holders of Forms I-512 who are nationals of the affected 

countries. Handle the I-94 arrival and departure sections in the same manner as other nonimmigrant Forms I-94. 

(c) Port-of-entry paroles. Local policy control procedures for authorization of most paroles at ports-of-entry. 

Parole is often an appropriate alternative for emergent medical treatment or other similar situations. Unlike a 

request for an advance parole, a request for parole at a port of entry requires neither a fee nor an application. 

Except for paroles of less than 1 day for border functions or certain NATO activities as described in Chapter 

11.2, every parole action requires preparation of Form I-94, endorsed with the parole stamp as described above. 

In any case where an alien passenger arriving by air or sea is paroled because he or she lacks the proper visa, 

consider institution of fine proceedings against the carrier, as discussed in Chapter 43. In addition, prepare 

Form I-160, which is retained at the port-of-entry as a record of the action taken. Institute fine proceedings, when


applicable. 

(d) Parole of crewmembers. Policies and procedures for parole of alien crewmembers are discussed in 

Chapter 23.12 

(e) Parole for deferred inspection. Procedures for parole of aliens whose inspection is deferred are discussed in 

Chapter 17.1 

(f) Special Interest paroles. Service informants and aliens entering as witnesses in criminal cases may be 

paroled only upon the authorization of the district director, chief patrol agent, or his specified delegate, based on 

a request by an assistant district director for Investigations. Parole in such instances is to be used only when an 

applicant is not admissible under any other provision of law. The entry and departure of such parolees must be 

carefully monitored. If a parole request originates from another Federal, State or local agency, it may be granted 

only when it is in writing, from the highest ranking official of the agency having jurisdiction over the area. The 

written request must contain a statement that the entry is required for official purposes, the expected duration 

and an explanation of how the parolee will be maintained while present in the U.S. Paroles at the request of the 

Drug Enforcement Agency (DEA) are considered separately in paragraph (g), below. 

(g) Paroles for DEA purposes. Requests for parole by the DEA generally involve large international drug 

trafficking investigations. Most defendants and witnesses in such cases are inadmissible to the U.S. for various 

reasons. In order to insure such requests are justifiable and necessary in support of the DEA mission, these 

requests are to be coordinated through DEA Headquarters. Immigration officers receiving such requests locally 

should advise Headquarters, Inspections Division. 

If a local DEA agent requests that a witness, defendant or informant be re-paroled, given advance parole or 

allowed to remain in the U.S. when out of status, first time requests may be granted locally by the district 

director for a period not to exceed 6 months. Subsequent requests for such cases should be routed through DEA 

Headquarters. 

(h) Reparoles. Whenever you change the purpose or duration of a parole, a new I-94 must be prepared and 

processed. Collect the original departure section and forward it for data entry with the new arrival section. 

Give the new departure section to the alien. 

16.2 Refugee Admissions. 

(a) Processing new refugee arrivals. Each year, the U.S. admits a set number of refugees as defined in section 

101(a)(42) of the Act, as prescribed by Congress and in accordance with section 207 of the Act. Screening and 

pre-processing of refugees is completed overseas, and those found qualified for admission will arrive, generally 

in large groups, at a few ports-of-entry. They will have a packet of materials, the contents of their "A" file and an 

I-94. Endorse the I-94 with the refugee admission stamp: "Admitted as a refugee for an indefinite period 

pursuant to section 207 of the Immigration and Nationality Act. If you depart the United States, you will need 

prior permission to return. Employment Authorized." Enter the port, date and your admission stamp number. 

Collect all file materials and route them to the local office where the alien will reside. Give the departure section 

of the I-94 to the alien and route the arrival section for data entry. If the alien has a travel document, stamp and 

endorse it in the same manner as the I-94, and write in the "A" number. 

(b) Returning refugees. In general, a refugee may temporarily depart the U.S. and reenter while in refugee 

status only if granted advance permission to do so. Permission is granted in one of two ways. A refugee may 

apply for and be granted an advance parole, Form I-512 or may apply for a Refugee Travel Document, Form 

I-571. Readmission of a refugee with an advance parole is handled as described in Chapter 16.1(b) above, if you 

are satisfied the alien is still eligible as a refugee. If an alien presents an I-571 clearly endorsed "Refugee" on the 

data page, inspect it for photo substitution or alteration. If you are satisfied that the refugee is still entitled to 

that status, endorse the I-571 with the refugee admission stamp, date, port and stamp number, and return the 

document to the alien, unless it is nearing expiration. 

Occasionally, you may encounter a returning refugee who departed the United States without any intention of 

abandoning status as a refugee, but who failed to obtain a refugee travel document or advance parole prior to 

his or her departure. Effective April 1, 1997, the regulations allow district directors the discretion to accept an


application for a refugee travel document from an alien who is outside the United States or applying for entry at 

a port-of-entry. The alien must submit Form I-131, Application for Travel Document, with fee, and must 

establish that he or she did not intend to abandon his or her refugee status, that he or she did not engage in 

activities while outside the United States inconsistent with continued refugee status, and that he or she has been 

outside the United States for less than 1 year. [See 8 CFR 223.2.] If you are satisfied that the alien is the 

individual he or she claims to be and is still entitled to refugee status, you may accept the application; if you are 

not so satisfied, you should not accept the application. If all the necessary information is available, including 

photographs, you may adjudicate the application and forward it to the Nebraska Service Center, attention: 

Special Operations Officer for production of the refugee travel document. If you are at a port of entry and the all 

necessary information is available but the alien does not have the required photographs and it is not possible to 

produce one at the port of entry, you may still approve the application and forward it to the Nebraska Service 

Center, instructing the alien to obtain and forward the photographs to the Special Operations Officer at that 

service center. You should attach a memorandum to the Special Operations Officer advising that the application 

has been accepted and approved in accordance with 8 CFR 223. Admit the alien as a refugee by endorsing a 

Form I-94 with the refugee admission stamp, as above. 

If you are satisfied that the alien is a returning refugee, but do not have sufficient information to adjudicate the 

application, you may defer the alien's inspection using the procedures in Chapter 17.1. See also Chapter 17.15 for 

expedited removal processing of aliens with refugee claims that cannot be verified. 

(c) Special procedures for adjudication of Refugee Travel Documents for aliens appearing at overseas INS 

offices. Effective April 1, 1997, overseas district directors also have discretionary authority to accept and 

approve applications for Refugee Travel Documents under the same circumstances as indicated above. Once the 

application has been approved and forwarded, with photographs, to the Nebraska Service Center, 

(d) "Following to join" dependents. The spouse and children of a refugee, if not separately eligible for refugee 

status, may follow to join the principal refugee, whether the principal has remained in refugee status or has been 

admitted for permanent resident. The qualifying relationship must have existed when the refugee was granted 

status and must continue to exist. Approval of such status is accomplished by submission of a Form I-730, and 

issuance of a "Visas 93" cable by the approving office to the consular post where the dependent resides. Based on 

the cable, the consul will issue a "boarding letter" to be presented to the transportation company, permitting the 

alien to travel to the United States. If found admissible, parole the alien for one year, endorsing the I-94 with the 

parole stamp, noted "Visas 93", and the port, date and stamp number. In some instances, the consul will issue a 

visa noted "Visas 93" rather than a boarding letter. The admission procedures are the same in such cases. 

16.3 Asylees and Asylum Applicants. 

(a) General. Asylum applicants are aliens whose claims of eligibility for asylum have not been finally decided. 

Asylees are persons who have been granted asylum, but who either have not applied for or have not been 

granted adjustment pursuant to section 209(b) of the Act. Either category may travel and be readmitted if 

granted an advance parole. An asylee may also be issued a refugee travel document. If you are satisfied the 

asylee or asylum applicant is otherwise admissible, parole for one year, endorsing the I-94, and I-512 or I-571, 

with the parole stamp, date, port and stamp number. Endorse the parole stamp: "asylee" or "asylum applicant" 

as appropriate. Return the I-571 or I-512 to the alien if it is valid for multiple entries and not nearing expiration. 

If expiring or valid for a single entry, lift the document and forward it to the appropriate files control office. 

Note: some ports-of-entry use an "asylee" stamp rather than a parole stamp for these admissions. 

The same provisions discussed in Chapter 16.2 relating to previously admitted refugees who departed the 

United States without having obtained a refugee travel document or advance parole also apply to asylees. If you 

are satisfied that the alien meets the criteria discussed in 8 CFR 223.2, you may accept the application on Form 

I-131 and adjudicate it at the port-of-entry or defer the inspection for adjudication at the onward office. If the 

application is approved at the port-of-entry, follow the same steps as if admitting an asylee with a refugee travel 

document, and forward the approved application to the Nebraska Service Center for production of the refugee 

travel document. See also Chapter 17.15 for expedited removal processing of aliens with asylee claims that 

cannot be verified. 

(b) "Following to join" dependents. The spouse or children of an asylee may also be granted asylum if they are 

accompanying or following to join the principal asylee. The relationship with the asylee must have existed at the 

time the asylum application was approved. Also, the family member must not fall within any of the mandatory


grounds for a denial of asylum [See 8 CFR 208.19]. Applicants for admission who fall within these categories 

should be inspected accordingly. You should also be aware that all grounds of inadmissibility under section 

212(a) of the Act may be waived for asylees and refugees for humanitarian purposes, to assure family unity, or 

in the public interest except for section 212(a)(2)(C) or (3)(A), (B), (C), or (E). See section 209 of the Act. Waiver 

applications should be filed on Form I-602. 

16.4 Temporary Protected Status (TPS) Cases. 

An alien granted TPS may travel out of the U.S. only if granted an advance parole [See 8 CFR 244]. If a TPS alien 

presents an unexpired I-512, and is otherwise admissible, parole the alien for the balance of time TPS is 

available for aliens of the relevant nationality. A TPS alien attempting reentry without an advance parole 

should be placed in removal proceedings. A table of TPS dates is included in the Adjudicator's Field Manual, 

Appendix 41-1.


Chapter 17: Inadmissible Aliens 

References: 

INA: Sections 212, 235, 240, 241. 

Regulations: 8 CFR 212, 235, 240, 241. 

17.1 Deferred Inspection. 

(a) General. When an immediate decision concerning admissibility cannot be made at a port-of-entry, the 

inspecting officer may defer inspection to the office having jurisdiction over the area where the alien will be 

staying. Often, deferred inspections are necessary in order to review an existing Service file or some other 

documentary evidence essential to clarifying admissibility or for posting of a bond. Deferral may also be 

appropriate for adjudicating a waiver under section 211(b) or 212(d)(3) of the Act. Deferral should always be 

for a specific purpose, not simply used as a way to transfer a difficult case to another office, and should 

normally only be used when it appears the case could possibly be resolved in the alien's favor. See also Bonds in 

Chapter 45. If an applicant is inadmissible, he or she should be given the opportunity to withdraw or should be 

processed for removal, not deferred. 

(b) Deferral procedures. Inspection is deferred using Form I-546, Notice of Deferred Inspection and Form I-94, 

stamped with a parole stamp and endorsed to show "deferred inspection," the onward office and deferral date 

as well as your stamp number, port, and action date. Parole the applicant for a brief period, sufficient for the 

paperwork to arrive at the onward office and the applicant to obtain any necessary evidence to establish 

admissibility. The applicant should be given the appointment copy of the I-546 and the departure section of the 

I-94 with a specific reporting date and a time block, rather than a specific time. Also, provide the applicant with 

the phone number of the onward office's deferred inspection unit. Some local offices conduct deferred 

inspections only on certain days of the week or during certain hours and may have specific room numbers for 

deferred applicants. Secondary stations at ports-of-entry should have current information on office hours, 

addresses and room numbers, phone numbers and jurisdictions of various suboffices and satellite offices which 

handle deferrals. See also Appendix 17-1. A deferred inspection places additional unscheduled work on the 

onward office and may be burdensome on the applicant who is required to travel a considerable distance. When 

giving the applicant instructions for appearing at a deferred inspection, ensure you are providing enough 

information and guidance so the procedure can be completed quickly, in a single appearance. 

The remarks block on the I-546 should contain complete, accurate information for the inspector at the onward 

office. The form should state specifically the purpose of the deferral and identify any documentation which the 

applicant is expected to produce. If there is an existing file, the file number and files control office should be 

identified, so that the onward office can locate or request the file before the applicant appears. If appropriate, a 

sworn statement may be taken at the port-of-entry and attached for use by the onward office. Also attach to the 

I-546 to be sent to the onward office any other documents relevant to the inspection which were produced at the 

port-of-entry. If it is necessary to retain the applicant's passport, the deferral must be sent by certified mail 

(follow local procedures for deferrals within the same district). 

If there is a likelihood the alien may ultimately be ordered removed, serve Form I-259 on the affected carrier. 

Attach copies of the I-259 to the I-546 onward office copy and port copy. Also, send a copy of the I-259 to the 

National Fines Office. 

(c) Processing a deferred inspection. The inspecting officer at the onward office should have received the 

deferral paperwork in advance of the applicant's appearance. If a Service file exists, the file should be located 

and reviewed prior to the applicant's appearance. If the applicant is found admissible, a new I-94 should be 

executed using the office symbol of the onward office and the current date as the date of admission. Upon 

completion of the deferred inspection, indicate the disposition on the reverse of the I-546 and return it to the 

originating port. Forward the original deferred I-94 departure section and the new arrival section for data


entry. 

(d) Attorney representation at deferred inspection. At a deferred inspection, an applicant for admission is not 

entitled to representation. See 8 CFR 292.5(b). However, an attorney may be allowed to be present upon request, 

if the supervisory inspector on duty deems it appropriate. The role of the attorney in such a situation is limited 

to that of observer and consultant to the applicant. 

(e) Medical deferrals. When deferring inspection for medical reasons, consult with the Public Health Service 

(PHS) before permitting the alien to proceed. If the alien is required to submit to further medical examination 

prior to reporting to the onward office, return all medical documents including local PHS certification and 

x-rays to the applicant in a sealed envelope for presentation to the doctor, medical clinic, or PHS facility as 

instructed. If the alien is to report first to the onward INS office, forward the medical documents with the 

deferral papers directly to the onward office. 

17.2 Withdrawal of Application for Admission. 

(a) General. A nonimmigrant applicant for admission subject to removal proceedings who does not appear to 

be admissible by the inspecting officer may be offered the opportunity to withdraw his or her application for 

admission rather than be detained for a removal hearing or other removal proceedings. An alien cannot, as a 

matter of right, withdraw his or her application for admission, but may be permitted to withdraw if you 

determine that it is in the best interest of justice that a removal order not be issued. Before allowing an alien to 

withdraw, you must be sure that the alien has both the intent and the means to depart immediately from the 

United States. See section 235(a)(4) of the Act and 8 CFR 235.4. 

Keep in mind that withdrawal is strictly voluntary and should not be coerced in any way. It should only be 

considered as an alternative to removal proceedings when the alien does not appear to be clearly admissible. In 

some instances, POE workload, personnel resources, and availability of detention space may affect whether you 

will allow withdrawal or pursue a hearing before an immigration judge. However, in cases where the 

alternative to withdrawal is expedited removal, workload and detention space are less significant 

considerations. An expedited removal order, and the resultant bar to reentry are a significant law enforcement 

tool and have a potentially strong deterrent effect on unlawful entry. An expedited removal order should 

ordinarily be used, rather than permitting withdrawal, in situations where there is obvious, deliberate fraud on 

the part of the applicant. For example, where counterfeit or fraudulent documents are involved, expedited 

removal order is normally the appropriate response. On the other hand, in a situation where the alien may have 

innocently or through ignorance, misinformation, or bad advice obtained an inappropriate visa and has not 

concealed information during the course of the inspection, permitting withdrawal may be proper. 

The BIA, in Matter of Gutierrez (19 I&N Dec 562, BIA 1988) has ruled that a balancing of an alien's personal 

equities is not appropriate for determining whether to allow the alien to withdraw, but that factors directly 

relating to the issue of inadmissibility can be considered in determining what option would be in the best 

interest of justice. Such factors might include, but are not limited to: 

(1) The seriousness of the offense; 

(2) Previous findings of inadmissibility against the alien; 

(3) Intent on the part of the alien to violate the law: and 

(4) ability to easily overcome the ground of inadmissibility (i.e., lack of documents). 

If an applicant chooses accept an offer to withdraw, complete the necessary paperwork, obtain supervisory 

concurrence in accordance with local procedures, and, if arriving at an airport, arrange for departure on the next 

available transportation back to the country where the flight originated. An applicant who withdraws his or 

her application for admission is not considered formally removed and therefore does not require permission to 

reapply for admission to the U.S. Once the grounds of inadmissibility cease to exist, the alien may be eligible to 

apply for a new visa to reenter the U.S. 

(b) Jurisdiction. In most instances a withdrawal will be taken at the port-of-entry. However, there will be 

instances where a detained alien, prior to or during the expedited removal credible fear process, is permitted to


withdraw his or her application for admission. Any officer, after obtaining authorization in accordance with 

local procedures, may offer withdrawal if the situation warrants, although withdrawal at this stage of the 

process should be the exception rather than the normal course of action. Factors relating to the inadmissibility of 

the alien should always be carefully considered. In expedited removal cases, several units within INS may have 

already invested considerable time and resources in pursuing expedited removal of the alien. In order to 

preserve a unified expedited removal process and uniformity of decision, asylum officers may wish to consult 

with other units involved to obtain any additional information concerning the case that may affect the decision 

to permit withdrawal. In some circumstances, an immigration judge may also permit withdrawal. Ordinarily, 

the paperwork in such instances will be completed by the Service after the judge makes that decision. 

(c) Withdrawal procedures. Once an applicant elects to withdraw, prepare Form I-275, Withdrawal of 

Application for Admission/Consular Notification. The I-275 must clearly state the reasons for inadmissibility 

in the remarks block. If needed, a sworn statement may be taken and attached to the I-275. Check any 

appropriate boxes on the I-275. The alien must sign the I-275, acknowledging that the action is entirely 

voluntary. Prepare and serve an I-259 on the carrier to effect removal. Complete the I-94, endorsing both 

sections with: "WD - Application for Admission Withdrawn. (Stamp number), (Port), and (Date)." On the 

reverse of the I-94, indicate the file number, if appropriate, in Block 20. In Block 26, under Itinerary/Comments, 

write the grounds of inadmissibility, and "I-275 served. To be removed via (flight number) on (date)". Also 

include removal flight information on the back of the departure portion of the I-94, under Record of Changes. If 

applicable, cancel the nonimmigrant visa, and note the passport page "22 CFR 41.122(h)(3)." Prepare a packet in 

a sealed envelope for immigration officials in the country to which the alien is being retuned, containing the 

alien's travel document and a copy of the Form I-275 or other relevant information that may be needed by the 

immigration officials in the ongoing country. Where practical, advise INS offices overseas by phone or fax of 

aliens moving through their jurisdiction. Forward the original of the I-275 and sworn statement to the consulate 

where the visa was issued. Route the arrival I-94 for data entry and deliver the departure I-94 to the carrier to 

be submitted with other departure I-94s for the outbound flight. Maintain a copy of all relating documents, 

including the pertinent passport pages and other evidence at the port of arrival for six months. Refer to Chapter 

21.2 for special Canadian border procedures. 

(d) Return transportation arrangements. If the alien does not have either a return ticket or an agreement from 

the carrier to transport the alien back to the point of origin, removal proceedings should be instituted. In 

instances where the alien's port of embarkation for the U.S. was a transit point, and the alien is being returned to 

a third country through that transit point, every possible effort must be made to ensure that an immediate and 

continuous transit will be permitted. If the alien has an open ticket, make sure satisfactory confirmed return 

transportation arrangements are made. 

(e) Parole following withdrawal. Section 235(l)(4) of the INA states that "[a]n alien applying for admission may, 

in the discretion of the Attorney General and at any time, be permitted to withdraw the application for 

admission and depart immediately from the United States." (Emphasis added) Accordingly, parole of an alien 

who has withdrawn his or her application for admission is permitted only for the purpose of turning the alien 

over to the carrier in order to effect departure. 

17.3 Fraudulent Documents. 

(a) General. Any passport, visa, alien registration card, or other document presented by an applicant for 

admission is potentially a counterfeit or altered document, a document procured by fraud or a genuine 

document being presented by an imposter. As document quality has improved, so has the ability of document 

vendors to create better quality counterfeits. Tools for detecting fraudulent documents are discussed in Chapter 

34. A discussion of the Forensic Document Laboratory and other Intelligence support activities are contained in 

Chapter 32. The El Paso Intelligence Center, 2211 East Missouri St., El Paso, TX 79903 (tel. 915 564-2000) can 

also be of assistance in detecting fraudulent documents. See Chapter 32 for further discussion of EPIC functions. 

Once you have determined a document is fraudulent or is being presented by other than the rightful holder, in 

addition to processing the holder as an inadmissible alien, you must insure that information about the document 

is properly routed to INS Intelligence for dissemination to others. It is important that information be distributed 

promptly, since document vendors often produce multiple documents using the same techniques. In order to 

effectively identify such documents, one of the most valuable assets is current, accurate intelligence information. 

Local ports generally have one or more designated inspectors assigned as collateral intelligence officers to 

insure such information is properly routed to and from other officers.


Local ports tend to have patterns for the types of documents encountered which are most likely to be fraudulent. 

Birth and baptismal certificates, which have no national standards, are the most commonly counterfeited, 

altered, or improperly issued documents. Familiarize yourself with security checkpoints of documents 

regularly presented at your port-of-entry. 

(b) Counterfeit or altered document. Alteration of documents occurs in several ways: changing data on a valid 

document to fit the description of the alien applicant, photo substitution, and page substitution are the most 

common. Counterfeiting of birth records and other similar documents is also commonplace, counterfeiting of 

entire passports happens less frequently. Some attempts are excellent, others fairly crude. Always examine 

documents with laminated photos, such as border crossing cards, outside any case or holder so you can feel any 

relamination. This is a good practice, even at land border primary locations. Familiarity with document alerts 

and passport studies provided by the Intelligence Division will also make detection of this type of fraudulent 

document easier. Following are tips for passport examination. 

- Examination of a passport begins with the cover. Look for the quality and clarity of printing, color, 

thickness and even spelling. Check the shape and cut of corners. 

- Next inspect the inside pages for known watermarks and background printing, as well as any other 

known security checkpoints. Again, examine spelling and print quality. Check the alignment of pages and the 

shape and cut of corners. Perforations should generally be sharp, distinct and evenly aligned. 

- Review the data page or pages of the document. Handwritten entries should be made with the same 

color ink, without overwritten or blotched entries. Typed entries should all be with the same typeface and 

consistency of ink. 

- Examine the photo page for signs of double lamination, cuts in the lamination, excessive glue, or 

wrinkling. Inspect wet or dry seals overlapping the photo. Seals should be aligned and distinct. The seal 

impression on the reverse side of the page should match that of the front. 

- Examine the page immediately opposite the photo page for grommet or staple indentations. Such 

indentations should match the grommet or staple attaching the photo. 

- Examine the binding for jagged or enlarged stitching holes. Stitching should be evenly spaced. 

(c) Genuine document presented by imposter. Careful questioning of an applicant regarding the nature of the 

visit and the particulars of how the visa was obtained, and close scrutiny of the photo and biographic data on 

the travel document will assist you in determining if the bearer is the rightful holder of the passport or visa. 

Immigration officers have delegated authority, pursuant to 22 CFR 41.122(h) to cancel genuinely issued visas 

which have been removed from the original travel document or which are presented by other than the rightful 

holder. Whenever such action is taken, prepare Form I-275 to advise the issuing consulate. 

(d) Genuine document obtained by fraud. Among the more difficult tasks you face as an inspector is making a 

determination that a passport, visa or, other document issued by competent authority was based on a 

fraudulent application or agency error. While it is not possible for you to readjudicate the underlying basis of 

eligibility for every document presented, you should be aware of the general requirements for various 

immigration benefits and know what relevant questions to ask an applicant for admission when you become 

suspicious. As INS automated systems improve, you have at your disposal more information from agency files 

upon which to inquire. Access to INS automated systems is discussed in Chapter 31. Your observation of the 

applicant's demeanor and his or her responses to simple questions are the best tool for uncovering this type of 

fraud. 

17.4 False Claims to U.S. Citizenship. 

(a) General. You must always be alert to the possibility that an alien may attempt entry by falsely claiming 

United States citizenship. The claim may be either an oral claim or one supported by an authentic or fraudulent 

document. The best defense against false claims to U.S. citizenship is your own instinct as an inspector. The 

most obvious clues in detecting a false claim are nervous actions or reactions on the part of the applicant or 

language patterns that don't fit the claim to citizenship. If the response to the question, "Of what country are you


a citizen?", includes an accent that indicates that the person is not a native speaker of English, the person should 

be asked how he or she became an American citizen. If the applicant claims recent naturalization, that may be 

sufficient to convince you he or she is a U.S. citizen or it may prompt further questions, or a check of the Central 

Index. 

Become familiar with the persons at your port who can assist you in the questioning of a suspected false claim. 

A native Spanish speaker, familiar with various local accents and idioms, is more likely to quickly detect, for 

example, a Central American claiming birth in Puerto Rico. Learn the procedures used by various local officials 

involved in issuing citizenship documents; request original or certified copies of documents which are presented. 

A word of caution -- Never refer a person to secondary as a false claim simply because the person is belligerent, 

disrespectful or suspected of being under the influence of alcohol or other drugs. Refer him or her when you have 

some reason to believe the person is an alien attempting to commit a fraud. 

A new ground of inadmissibility for false claims to U.S. citizenship was added to §212(a)(6)(C)(ii) of the Act by 

IIRIRA, for representations made on or after the date of enactment, September 30, 1996. Aliens who make a false 

claim to U.S. citizenship therefore are subject to the expedited removal provisions of §235(b)(1) of the Act. See 

Chapter 17.15 for expedited removal procedures. 

(b) Procedures. Once you have made a determination that an applicant for admission is making an false claim 

U.S. citizenship, process the case as an expedited removal case or permit withdrawal of application for 

admission. In order to prevent the improper removal of a U.S. citizen without hearing or review, a provision 

was added to the regulations in 8 CFR 235.3(b)(5) to provide for a review of the expedited removal order by an 

immigration judge. As with any claim to U.S. citizenship, every effort should be made to either verify or 

disprove the claim prior to proceeding with issuance of a removal order. Only those cases where you are 

absolutely not satisfied that the person is a U.S. citizen should result in a removal order. To refer the case to a 

judge, use Form I-863, executing block 4 of the form. In cases of claims supported by documentation, in addition 

to the above, complete Form G-329, Documented False Claim to Citizenship, and forward it to: 

EPIC 

2211 East Missouri St. 

El Paso, TX 79903 

Attach the original documents, unless they are being used as evidence, a complete set of the alien's fingerprints on 

Form FD-249, and a photograph. If original documents are needed for other purposes, attach a photocopy. If a 

genuine document is being presented by an imposter, obtain, if possible, biographic and family information 

relating to the person to whom the document relates. [Detailed instructions on preparing Form G-329 are 

contained in Chapter 32.6.] 

17.5 Waivers. 

(a) General. The grounds of inadmissibility applicable to aliens are established by §212 of the Act. There are a 

series of exemptions and waivers for various grounds of inadmissibility. Exemptions refer to statutory or 

regulatory constructions whereby certain classes of aliens are not subject to inadmissibility, under specific 

circumstances, based on certain general provisions relating to inadmissibility. No application or adjudication 

is needed when an alien is exempt from a ground of inadmissibility. For example, many aliens are, by 

regulation, exempt the general passport and visa requirements. Generally, waivers refer to specific applications, 

filed individually, and adjudicated to remove temporarily or permanently one or more specific grounds of 

inadmissibility. Waivers are available to immigrants pursuant to sections 211(b), 212(a)(3)(D)(iv), 

212(a)(9)(B)(v), 212(d)(11), 212(d)(12), 212(e), (g)(1), (g)(2), (g)(3), (h), (i), and (k). Waivers are available to 

nonimmigrants under sections 212(d)(1), (d)(3), (d)(4), and (l). Additionally, certain qualifying aliens are 

eligible for automatic waivers under sections 212(m) and (o). No application or fee is required for such 

automatic waivers. There are a variety of situations involving inspection of aliens requiring waivers of 

inadmissibility. In many instances the need for a waiver has been determined and adjudication of a waiver has 

been completed before the alien arrives at the port-of-entry. In such cases, the nonimmigrant visa will be noted 

or the alien will possess a notice of action approving the waiver. In other instances, the need for a waiver will be 

determined during the inspection process and the matter can often be resolved during secondary inspection. 

(b) Permanent residents without valid alien registration documents. During the inspection process, you may be


required to process a waiver under section 211(b) of the Act if a returning resident is not in possession of his or 

her alien registration card or reentry permit. If the applicant is otherwise admissible, complete Form I-193, 

Application for Waiver of Passport and/or Visa, collect the required fee, stamp the I-193 and passport with your 

admission stamp and endorse them "211(b)." Before approving such a waiver, query the applicant's status in 

Central Index to verify the validity of his or her lawful permanent residence. See Chapter 13.2 for a discussion of 

this and other options for admitting returning residents. If you deny a waiver under section 211(b) of the Act, 

the application may be renewed in removal proceedings before an immigration judge. 

There are a number of precedent decisions relating to section 211(b) waivers. In Matter of Abdoulin, 17 I&N Dec 

458 (BIA 1981), the Board ruled that denial of a waiver by the district director did not constitute a definitive 

adjudication of abandonment of permanent residence. In Matter of Muller, 16 I&N Dec. 637 (BIA 1978), the 

Board discussed factors to be considered in determining the issue of abandonment. Other relating precedents 

relating to abandonment of residence and entitlement to a waiver include: Matter of Davis, 16 I&N Dec. 514 

(BIA 1978); Matter of Delgadillo, 15 I&N Dec. 395 (BIA 1975); Matter of Galvan, 14 I&N Dec. 518 (BIA 1974); 

Matter of Castro, 14 I&N Dec. 492 (BIA 1974); Matter of Montero, 14 I&N Dec. 399 (BIA 1973); Matter of Wu, 

14 I&N Dec. 290 (Regional Commissioner 1973); Matter of Hoffman-Arvayo, 13 I&N Dec. 750 (BIA 1971); 

Matter of Wighton, 13 I&N Dec. 683 (BIA 1970, 1971); Matter of Salviejo, 13 I&N Dec. 557 (BIA 1970); Matter 

of Escalante, 13 I&N Dec. 223 (BIA 1969); and Matter of Vielma-Ortiz, 11 I&N Dec. 414 (BIA 1965). 

(c) Waivers for new immigrants. An alien inadmissible from the U.S. under section 212(a)(5)(A) or (7)(A)(i), 

who is in possession of an immigrant visa may, if otherwise admissible, be admitted by applying to the district 

director at the port-of-entry at which the alien arrived for a waiver on Form I-193, under the conditions 

described in §212(k) of the Act and 8 CFR 212.10. This waiver is available to correct such technical defects as 

when a consular official has placed an improper classification symbol on the visa or where classification has 

changed due to the alien turning 21 years of age subsequent to visa issuance. It is available both at a 

port-of-entry at the time of initial admission or nunc pro tunc. No fee is required. Adjudicate the application 

and attach the form to the immigrant visa packet. If denied, application for a section 212(k) waiver may be 

renewed before an immigration judge in removal proceedings. 

Precedent decisions involving application for a section 212(k) waiver of section 212(a)(5)(A) include: Matter of 

Morgan, 13 I&N Dec. 283, (BIA 1979); Matter of Ortega, 13 I&N Dec. 606 (BIA 1970); Matter of Ulanday, 13 

I&N Dec. 729 (BIA 1971); Matter of Paco, 12 I&N Dec. 599 (BIA 1968); Matter of Thompson, 13 I&N Dec. 1 (BIA 

1968); Matter of Welcome, 13 I&N Dec. 352 (BIA 1969); and Matter of Rodriques, 13 I&N Dec. 746 (BIA 1971). 

Precedent decisions involving application for a section 212(k) waiver of section 212(a)(7)(A)(i) include: Matter 

of Pierce, 17 I&N Dec. 456 (BIA 1980); Matter of S- B-, 7 I&N Dec. 298 (BIA 1956); Matter of Alarcon, 17 I&N 

Dec. 574 (BIA 1980); and Matter of Khan, 14 I&N Dec. 122 (BIA 1972). 

A waiver of the passport requirement, using the I-193 procedure described above, is also provided in 8 CFR 

211.2. Other waiver provisions applicable to new immigrants are normally adjudicated in advance. Approval 

of such waivers should be indicated by the consular official on the immigrant visa, OF-155A. 

(d) Nonimmigrants. (1) Section 212(d)(3)(A). Nonimmigrants who are inadmissible from the U.S., and who 

require a visa, must apply in advance for a waiver under section 212(d)(3)(A) of the Act. Joint concurrence by the 

Secretary of State and the Attorney General is required for approval. The alien usually applies for the waiver in 

conjunction with the application for a nonimmigrant visa. Once approved, the section of law under which the 

waiver was approved and any special limitations will be noted on the visa. If otherwise admissible, enter the 

waiver information and any restrictions on the reverse side of the I-94 in the appropriate blocks. 

(2) Section 212(d)(3)(B). Inadmissible nonimmigrants who are already in possession of a nonimmigrant visa or 

who are exempt the requirement for a visa must apply for a waiver under section 212(d)(3)(B) to the district 

director having jurisdiction over the intended port-of-entry. Application is made on Form I-192, Application for 

Advance Permission to Enter as a Nonimmigrant. Adjudication procedures are discussed in detail in the 

Adjudicator's Field Manual, Chapter 52. If approved, the alien will be in possession of Form I-194, Notice of 

Approval of Advance Permission to Enter as a Nonimmigrant, or the approval may be noted on the alien's 

border crossing card. If otherwise admissible, enter the waiver information, the file number, and the FCO code 

on the reverse side of the I-94, along with any conditions or restrictions. 

(3) Section 212(d)(4). Passport and visa requirements are waived jointly be the Secretary of State and Attorney


General. The waiver application is Form I-193. In the remarks block, explain the circumstances for failure to 

obtain the proper documentation. Prior to September 11, 1992, concurrence from the Department of State was 

required for all passport and visa waivers. Now, simply mark the block for DOS concurrence "n/a." 

(4) Waivers for Vessel Crewmembers. See Chapter 23. 

17.6 Preparing Removal or Prosecution Hearings. 

(a) General. If you determine that an alien is inadmissible, and the grounds of inadmissibility cannot be 

resolved readily and the alien does not elect to withdraw (or is not afforded the opportunity), you must prepare 

necessary paperwork for a removal proceeding before an immigration judge or for prosecution. Most often, an 

alien will be detained or paroled until the hearing date. An alien who is inadmissible under section 212(a)(6)(C) 

or (7) is subject to the expedited removal provisions of section 235(b)(1) and should be processed in accordance 

with Chapter 17.15. If such an alien is also being charged with additional grounds of inadmissibility, follow 

the procedures below. 

(b) Preparing the case. There are a number of steps to be taken to refer a case for a removal hearing or for 

prosecution. Complete, accurate case preparation is extremely important. Prepare cases for prosecution 

according to guidelines set by the local U.S. Attorney. The following steps must be taken in each case referred to 

an immigration judge for removal proceedings: 

(1) Take a complete sworn statement from the alien, concerning all pertinent facts. Collect any 

additional evidence relevant to the case which is discovered during the inspection process. Use Form I-263A as 

a jurat to close the statement. Provide a copy of the statement to the alien and retain copies for the Service file 

and record of proceedings. 

(2) Prepare three copies of Form I-862, Notice to Appear. If the alien is being held in Service custody, 

indicate that fact and location of the facility where the alien is detained in the address block. If the alien is not 

being held in Service custody, enter the complete address and phone number where the alien can be reached and 

provide the alien with Form EOIR-33 to report any change of address. If the aliens's mailing address is different 

than the physical address, include both. Check the first box and provide a brief narrative description of the facts 

of the alien's arrival and inadmissibility under description of charges. Standard language for all charges under 

section 212(a) is available through most automated forms systems used by the Service. Fill in the complete 

citation for the provision of law (e.g. 212(a)(2)(A)(i)(I)) under which the alien is being charged. Enter the 

complete address of the appropriate Immigration Court in the space provided. The Notice to Appear must 

ordinarily include the time and place of the hearing. Obtain a date and time for the hearing using the EOIR 

ANSIR system, or following established local procedures. In unusual situations when a hearing date and time 

cannot be obtained, such as when there is a computer system outage, indicate " to be set" in the appropriate data 

field. Advise the alien, in a language that he or she can understand, of the time and place of the hearing and of 

the consequences of failure to appear. Sign and date the I-862. Normally, a hearing may not be conducted sooner 

than 10 days after service of the Notice to Appear. If the alien wishes to waive this time period and have an 

immediate hearing (or as soon as one can be arranged), have the alien sign the section entitled "Request for 

Prompt Hearing." Serve the I-862 on the alien and provide him or her with a current list of organizations and 

programs prescribed in 8 CFR 292 which provide free legal services. 

Serve one copy of the I-862 on the alien, unless the alien is to be released and deferred to an onward office, in 

which case the service is accomplished by the onward office. 

(3) Photograph and fingerprint the alien on FD-249 fingerprint cards (three sets). Distribution of the 

fingerprints should be made in accordance with the procedures set forth in chapter 18.9(c). Be sure to properly 

code the fingerprint cards with the proper United States Code citation, since the FBI will not clear cards without 

such codes. Following are examples of codes that may be used: 

- 18 U.S.C. 1544 Photo substitutions 

- 18 U.S.C. 1546 Counterfeit immigrant visa 

- 8 U.S.C. 1306 Counterfeit INS documents, such as alien registration


- 18 U.S.C. 911 False claims to U.S. citizenship (imposters, photo substitution of U.S. passport) 

- 18 U.S.C. 1001 Other (fraudulent documents, imposter, no documents, etc.) 

(4) If the alien is to be detained, consult 8 CFR 236.1(e) to ensure that, if required, the appropriate 

consular official is immediately notified of the alien's detention, even if the alien requests that this not be done. 

Notify the alien that he or she may communicate with a consular official. 

(5) Complete local procedures for authorization and arrangement of detention, if appropriate. If the 

alien is being detained pending the removal hearing, complete a Form I-94 for NIIS entry notated: "I-862 served - 

Detained at ______for removal proceedings on (date). (Date), (Place), (Officer)." Section 235(b)(2) of the Act, as 

amended by IIRIRA, provides the detention authority for arriving aliens placed into removal proceedings under 

section 240. This provision is functionally equivalent to the old 235(b), and does not require issuance of a 

Warrant of Arrest. 

(6) In cases involving fraudulent documents, if the sworn statement includes an admission of the fraud, 

no forensic analysis may be required prior to the hearing. If there is no admission, consider forwarding the 

fraudulent document to the Forensic Document Laboratory (FDL) for analysis. [See Chapter 32 for details on 

using FDL services.] 

(7) Search for existing Service records in CIS and other appropriate automated systems. If an "A" file 

exists, create a temporary file and request the permanent file for the hearing, otherwise, open a new file. 

[Chapter 31 contains detailed information on use of Service data bases.] 

(8) At air and seaports, serve the carrier with Form I-259, Notice to Detain, Remove, or Present Aliens, 

and check the appropriate boxes to advise the carrier of potential liability for removal and to order the carrier to 

remove the alien when the removal process is finished. 

(9) If the alien is to be released for an removal hearing at an onward office, complete a Form I-546, 

Notice to Appear for Deferred Inspection, following procedures set forth in Chapter 17.1. In such cases, the I-862 

will be served by the onward office. Although ordinarily not an option, this procedure is may be appropriate for 

determining whether to institute removal proceedings in cases involving returning permanent residents. 

(10) Prepare two identical sets of all documents to be submitted as evidence: one for the Service file, 

and one for the Immigration Court. 

(c) Post-hearing actions. 

(1) Alien ordered admitted. Complete the inspection process as you would any other admission, 

including processing a new Form I-94, noting the remarks block "ordered admitted by immigration judge". 

Collect any prior departure I-94, stamp the reverse with your admission stamp and forward for data entry. 

When the immigration judge orders the admission of a detained alien or an alien at a land border, and the 

decision is not final because the Service's appeal time has not tolled, an appeal has not been decided, or the 

decision has been certified to the Board of Immigration Appeals, release and parole the alien unless particular 

facts, such as an alien's serious criminal background, warrant other action. 

(2) Alien ordered removed. Complete and serve Form I-296, Notice to Alien Ordered 

Removed/Departure Verification, on the alien, checking the appropriate box to indicate the duration of the 

penalty imposed and the reason for such penalty. The penalty for an aggravated felony may be imposed on such 

felon, even if the alien was not charged as being inadmissible as an aggravated felon in this proceeding. 

Forward one set of fingerprints on Form FD-249 to the FBI. At the time of actual removal, a photograph and a 

pressed print of the alien's right index finger should be placed on the Service copy of the I-296, the alien should 

sign the form, and the particulars of the departure entered on the form for retention in the file. Cancel the alien's 

visa or border crossing card, if appropriate, and complete and distribute Form I-275 as described in Chapter 

17.2. Note the passport with the file number and action taken, for example: "Ordered Removed 12/1/97 

NYC/Section 212(a)(2)(A)(i)(I)". Forward a copy of the removal order with the I-275 to the Department of State. 

Prepare a new I-94, endorse it with a parole stamp and note the stamp "For removal from the U.S. by (carrier


name)", the date of removal, stamp number, port, and action date. Serve Form I-259 on the affected carrier, if 

appropriate. 

In the case of an alien with an immigrant visa ordered removed, the immigrant visa packet, noted by the 

immigration judge, is retained in the file of the Executive Office for Immigration Review. Other procedures 

outlined above are the same. 

(3) Alien permitted to withdraw during removal hearing. In a case where the immigration judge 

permits the alien to withdraw his or her application for admission prior to conclusion of a hearing, follow 

procedures described in Chapter 17.2. 

(d) Removal proceedings involving lawful permanent residents. 

(1) Meaningful Departure. If a returning lawful permanent resident appears inadmissible, first 

determine if he or she is an applicant for admission within the meaning of section 101(a)(13)(C) of the Act. See 

discussion in Chapter 13. 

(2) Procedures. If you find that a lawful permanent resident is considered to be seeking admission and 

appears to have abandoned his or her permanent residence in the United States, there are several possible 

courses of action: deferred inspection, removal proceedings, nonimmigrant admission or parole and, 

occasionally, withdrawal of application for admission. In any case, temporarily lift, but do not destroy or 

return to the card facility, the Alien Registration Receipt Card (Form I-551). In instances where detention is not 

warranted, defer inspection for institution of removal proceedings, as described above in paragraph (b)(10) and 

Chapter 17.1. If you are going to schedule a removal hearing, follow applicable procedures above. In addition, 

issue a temporary I-551 in accordance with 8 CFR 264.5(g) and local procedures. Note the reverse of the 

temporary card: "Alien is scheduled for removal hearing - do not admit as LPR." Parole the alien for the time 

necessary to conclude the removal proceeding. Abandonment of residence is discussed in Chapter 17.10, below. 

(3) If a lawful permanent resident appears to be inadmissible under section 212(a)(3)(A) (except clause 

(ii)), (B) or (C), notify your regional director, through the district director, of the facts of the case. 

(e) Proceedings involving VWPP applicants claiming asylum. When the immigration judge denies asylum to a 

refused VWPP applicant, arrange for the alien to be removed on the first available transportation to the point of 

embarkation. 

17.7 Temporary Inadmissibility under section 235(c). 

(a) General. An immigration officer must, pursuant to section 235(c) of the Act, temporarily deny admission to 

the United States to any nonimmigrant who appears to be inadmissible under section 212(a)(3)(A) (other than 

clause (ii)), (B) or (C). Such actions, although rare, are extremely serious and sensitive. 

(b) Procedures. Basic procedures for temporary denial of entry are set forth in 8 CFR 235.8. Take a brief sworn 

statement from the alien, if possible. Exercise caution in asking questions to insure you do not compromise 

classified information or confidential sources. Complete and serve the alien with Form I-147, Notice of 

Temporary Inadmissibility. Explain the action being taken and the right to submit a written representation. 

Complete actions to remove the alien on the first available transportation. Immediately prepare and submit a 

short memorandum to the district director containing the alien's name, date and place of birth, residence 

address, file number if known, port and date of temporary inadmission, and a summary of all pertinent facts 

developed during the inspection. If the alien was entering as a delegate to a convention, provide the date and 

place of the convention and the sponsoring organization. In sensitive, high profile cases, follow the procedures 

for reporting incidents described in Chapter 2.7. Institute checks with other law enforcement agencies to develop 

further information. Prepare Form G-325A, mark it "Special Handling- I-147 served pursuant to 8 CFR 235.8" 

and forward it expeditiously to the district director. Photocopy the data page, visa page, and any other 

pertinent pages from the alien's travel document. 

If the alien previously resided in Canada, forward Form G-325B to the Service liaison officer in Ottawa. When a 

current Canadian resident is to be temporarily denied admission on security-related grounds, notify the liaison 

officer in Ottawa by phone or fax, providing available personal data. If the denial of admission is based on 

lookout information, the liaison officer should be so advised, and if the lookout is a temporary one, also provide


a synopsis of the lookout. The liaison officer will consult available sources and provide information to the port 

normally within a few hours. Delay action pending receipt of the response. 

After five days, or upon receipt of the alien's written statement, prepare a detailed report for submission to the 

regional director. In addition to the information from the summary report, include other personal data such as 

marital status; the destination, duration, and purpose of the proposed visit; basis for temporary inadmissibility, 

including sources, reliability of informants, and identify what, if any, information is classified and an 

assessment of whether disclosure of the information would be prejudicial to the public interest, safety, or 

security of the United States. Attach a copy of any sworn statement taken, or explain why there was none. 

Attach the results of checks with other agencies. Make a recommendation as to whether or not the alien should be 

accorded a hearing by an immigration judge. 

(c) Closing actions after the regional director's determination. If the regional director determines that the 

temporary inadmissibility order is to be made permanent, the alien is to be notified immediately in person or by 

registered mail following the procedures described in 8 CFR 235.8(b)(3). The regional director will use Form 

I-148, Notice of Permanent inadmissibility, to effect this notification. Prepare Form G-166, Report of 

Investigation. Under the "Synopsis" section, note the following information, if available: alien's occupation, 

height, weight, sex, color of hair and eyes, and data concerning the travel document and visa. Prepare and 

distribute Form I-275 as described in Chapter 17.2. If the alien is to be accorded a removal hearing, follow the 

procedures outlined in Chapter 17.6. 

In the case of a Canadian resident, when a decision is made to deny admission temporarily or permanently, 

advise the liaison officer in Ottawa of all pertinent details and provide a copy of the final report. 

17.8 Detention of Aliens. 

(a) General. Follow local guidelines and procedures for authorization to detain an alien for removal. General 

Service detention policy is outlined in AM 20.013. Procedures for handling of funds and other personal property 

are set out in AM 20.016 and 20.027. 

(b) Special notification requirements. Notify the regional director with the details relating to the detention of 

any C, G, or I nonimmigrant destined to the United Nations or any politically prominent alien, regardless of the 

nonimmigrant category. 

(c) Protective Custody. The INS may provide protective custody to a consenting applicant for admission who is 

or may be subject to involuntary repatriation or any form of coercion which could inhibit the free exercise of will 

in deciding whether to depart from the United States. This authority is exercised incident to section 235(b) to 

detain inadmissible aliens if failure to detain would result in harm to the national interest. Protective custody, 

as described here, shall be provided to consenting aliens only upon authorization of the regional director, or 

upon advance arrangements made through the Department of State. 

(d) Juvenile Detention. Special care must be exercised when considering detention of persons under the age of 

18. Service policy is outlined in AM 20.001 and must be strictly followed. 

(e) Asylum-Seeking TWOV Passengers. In view of adverse decisions in three separate circuit courts, the Service 

will no longer adhere to the prior policy of holding carriers responsible for the detention and detention-related 

expenses of asylum-seeking TWOV passengers [General Counsel opinion of August 10, 1992 is superseded.]. The 

Service shall take and maintain custody of such asylum-seekers, pending a decision on the asylum claim. If the 

asylum claim, including any appeal, is denied, the TWOV passenger shall be delivered to the responsible carrier 

for removal from the United States. Any costs incurred from that point associated with detention or removal of 

the alien TWOV shall be borne by the carrier. 

17.9 Medical Referrals. 

(a) General. The U.S. Public Health Service (PHS) has statutory and regulatory responsibility to prevent the 

introduction, transmission, and spread of communicable disease from foreign countries into the United States. 

Applicable regulations are found in 42 CFR Parts 34 and 71. These responsibilities are delegated to the Centers


for Disease Control and Prevention (CDC), National Center for Infectious Diseases, Division of Quarantine. 

Quarantine stations are located at several major international airports. Each quarantine station has 

responsibility for all ports in an assigned geographic area. You should know which quarantine station has 

jurisdiction over your port. Historically, PHS quarantine stations have been referred to in the port community 

simply as "PHS" or "Public Health." As actual organizational names and assignments have changed over the 

years, that tradition has remained constant. 

The Division of Quarantine is empowered to apprehend, detain, medically examine, or conditionally release 

individuals (including U.S. citizens) suspected of having one of the following diseases: 

- Cholera and suspected cholera, 

- Diphtheria, 

- Infectious tuberculosis, 

- Plague, 

- Suspected smallpox, 

- Yellow Fever, and 

- Suspected viral hemorrhagic fevers such as Lassa, Marburg, Ebola, Congo-Crimean and others not yet 

isolated or named. 

Foreign quarantine regulations require that death or illness of an arriving international passenger or crew 

member is to be reported by the captain of the arriving ship or plane to the quarantine station having 

responsibility for the port of entry; however, illnesses are not always reported. 

Whenever a Federal inspector has any questions regarding public health entry requirements for persons or 

importations, he or she should contact (day or night) the appropriate quarantine station or Division of 

Quarantine headquarters in Atlanta, Georgia. [A list of addresses and phone numbers for quarantine stations is 

contained in Appendix 17-2.] 

(b) Inspection of arriving persons. The following guidelines relate to the inspection for medical purposes, of all 

arriving international passengers and crewmembers. 

(1) Observe all arriving passengers and crew for signs and symptoms of illness, such as rash, 

unusually flushed or pale complexion, jaundice (unusual yellowing of skin and eyes), shivering, profuse 

sweating, diarrhea, and inability to walk without assistance. A person is considered to be ill in terms of foreign 

quarantine regulations when symptoms meet the following criteria: 

(A) Temperature of 100 degrees F. (38 C.) or greater which is accompanied by one or more of the 

following: rash, jaundice, glandular swelling, or which has persisted for 2 days or more; 

(B) Diarrhea severe enough to interfere with normal activity or work. 

(2) Hold ill passengers and crew, and ask for details about symptoms and itinerary. At a port-of-entry 

where a quarantine station is staffed, that station should be notified and a quarantine inspector will investigate. 

If there is no quarantine inspector at your port, the appropriate quarantine station should be notified. The 

quarantine station will release or conditionally release the ill person, or if the circumstances warrant, call a 

physician to conduct an examination and recommend appropriate action. 

(3) Check itinerary. It is sometimes necessary to check the itinerary of arriving persons because of the 

possibility of an outbreak of a communicable disease in a foreign area. Knowledge of the itinerary helps in 

determining the appropriate preventive measures. If this situation should arise, CDC will direct that each 

arriving person be asked if he or she has been in the infected country within a specified number of days. If so, the 

person is to be referred to the appropriate quarantine station.


(c) Medical inspection of arriving aliens: The health-related grounds of inadmissibility of aliens under section 

212(a) of the Act provide for the inadmissibility of any alien who: 

(1) Is determined to have a communicable disease of public health significance (currently, the same 

diseases previously classified as "Dangerous Contagious Diseases" which are: Chancroid; Gonorrhea; 

Granuloma Inguinale; Human Immunodeficiency Virus (HIV) Infection; Leprosy, infectious; Lymphogranuloma 

Venereum; Syphilis, infectious stage; and Tuberculosis, active.); or 

(2) Seeks admission or adjustment as an immigrant and who has not been vaccinated against at least 

the following diseases: mumps, measles, rubella, polio, tetanus, diphtheria, pertussis, influenza type B and 

hepatitis B, and any other vaccinations recommended by the Advisory Committee on Immunization Practices; or 

(3) Has or had a physical or mental disorder with associated behavior that poses or may pose a threat 

to the property, safety, or welfare of the alien or others; or 

(4) Is a drug abuser or addict. 

Inspectors should immediately advise the appropriate quarantine station when an immigrant arrives without 

medical documents or with incomplete medical documents. When processing aliens, do not keep the alien's chest 

X-ray film. This is an important medical document that the alien should retain as part of his or her permanent 

health records. 

Refer to the appropriate quarantine station all aliens for whom a "Medical Hold" (Form CDC 75.40) should be 

issued. Candidates for a "Medical Hold" are: 

(A) All aliens who are not routinely required to have a medical examination and who, upon arrival in 

the U.S., exhibit a physical condition which may render them inadmissible under section 212(a) of the Act; 

(B) All aliens who are not routinely required to have a medical examination and who, upon arrival in 

the U.S., exhibit variations in behavior which may indicate a physical or mental disorder that may pose a threat 

to the property, safety, or welfare of the alien or others, and may be inadmissible under section 212(a) of the Act; 

(C) All aliens who require a medical examination overseas (immigrants, refugees, fiance(e)s of U.S. 

citizens and their minor children), but who arrive without evidence or with incomplete evidence of having had 

one performed, or with one that has expired. Satisfactory evidence can consist of a properly completed "Medical 

Examination of Applicants for United States Visas" (Form OF-157), with results of chest X-ray and serologic 

tests for syphilis and human immunodeficiency virus (HIV) infection indicated. (NOTE: Chest X-ray and 

serologic tests are required for aliens 15 years of age and older.); and 

(D) All aliens with a Class A condition or a Class B condition including tuberculosis, not infectious; 

and Hansen's disease [leprosy], not infectious. These aliens should have a stamp imprinted on the face of their 

visa (Form OF-155A) as follows: 

CLASS A OR CLASS B 

REQUIRES ATTENTION 

OF USPHS AT POE 

While consular officers normally stamp the OF-155A when an immigrant has a medical condition of public 

health concern, this is sometimes not done. The inspector should check all OF-157's whether or not the "Attention 

PHS" stamp is present. 

When quarantine station personnel are not available to process aliens with these medical conditions, retain a 

copy of the OF-157. On the reverse side, write the alien's U.S. address, sponsor's name and address, arriving 

flight and date, port-of- entry, and the INS inspector's name. A photocopy of the alien's visa (OF-155A) is 

satisfactory in lieu of transcribing this information on the reverse of the OF-157 provided that the address is 

correct on the OF-155A and that the flight number and date of arrival are recorded on the OF-155A prior to 

making the photocopy. The OF-155A and/or OF-157 with requested information should be given, mailed, or 

sent by FAX to the appropriate quarantine station.


If the alien has a Class A communicable disease of public health significance, copies of the OF-157, OF-155A, and 

both sides of the I-601 (being changed to new Form I-724) waiver application should be given or mailed to the 

appropriate quarantine station. The statements to be completed by waiver applicants who are HIV positive or 

who have Hansen's disease will be affixed to the back of the I-601 waiver application by CDC Division of 

Quarantine staff. See IMMACT Wire #65 dated August 7, 1991 for further information. 

If the alien has a Class A physical or mental disorder with associated harmful behavior, a copy of USPHS/CDC 

Form 4.422-1, "Statements in Support of Application for Waiver" should be given or mailed to the appropriate 

quarantine station, along with the OF-157, OF-155A, and I-601 (I-724). 

NOTE: There is no waiver provision in the law for aliens applying for immigrant visas who are found to be 

excludable under section 212(a)(1)(A)(iv) for drug abuse or addiction. If an alien arrives with a visa indicating 

Class A drug abuse or addiction, please refer to the appropriate quarantine station. 

(E) Refugees and asylees normally arrive at ports where quarantine inspectors are assigned, but this 

may not always be the case. Notify the appropriate quarantine station of all refugees and asylees entering the 

U.S. for the first time. If a quarantine inspector is not available to process the refugee or asylee, you will be asked 

to obtain the following information, normally by making copies of documents carried by the refugee or asylee. 

This information is necessary to ensure that all refugees and asylees receive a health screening and any 

appropriate immunizations or treatment at the place of resettlement: 

- Name, date, country of birth, and sex of refugee, 

- Language Spoken, 

- "A" Number, 

- Name, address, and phone number of local sponsor, 

- Name of Principal Sponsor (Voluntary Agency), and 

- Date, place of arrival, and flight number. 

(F) Every effort should be made to determine the tuberculosis status of parolees prior to release. Refer 

those who are suspected of having infectious tuberculosis to the appropriate quarantine station. 

17.10 Abandonment of Lawful Permanent Resident Status. 

(a) General. There are several possible actions when the inspecting officer has reason to believe an alien seeking 

admission with an alien registration card or SB-1 visa has actually abandoned lawful permanent residence. 

Refer to the discussion in Chapter 13 on this subject. In some instances, the applicant voluntarily wishes to 

relinquish his or her alien registration document and either enter as a nonimmigrant or depart from the U.S. 

immediately. Most often such aliens will already be in possession of a nonimmigrant visitor's visa. The 

inspecting officer must never coax or coerce an alien to surrender his or her alien registration document in lieu of 

a removal hearing. 

(b) Procedure for documenting abandonment of residence. In a situation where the alien does voluntarily 

relinquish his or her alien registration card, complete Form I-407, Abandonment by Alien of Status as Lawful 

Permanent Resident. The alien must sign the I-407, acknowledging that the action is strictly voluntary. Execute 

Form I-89, completing the appropriate blocks if the alien is surrendering Form I-551, Alien Registration Receipt 

Card. If the alien is surrendering a previous edition, Form I-151, no I-89 is required. Ordinarily, you should 

take a sworn statement in addition to completing Form I-407. Forward the I-89 to the Immigration Card 

Facility and the I-407 to the appropriate files control office for CIS data entry. Admit the alien as a 

nonimmigrant, following normal procedures for aliens with visas, or exercising the visa waiver option pursuant 

to section 212(d)(4) of the Act or under the Visa Waiver Pilot Program. If the alien chooses to immediately 

depart the U.S., advise the alien that he or she may still be entitled to issuance of a temporary alien registration 

card, for reentry and a removal hearing, as described above in Chapter 17.6(d).


Occasionally, you may receive an alien registration card surrendered by a resident alien to the transportation 

line, where the alien has already departed the U.S. and expressed to the carrier an intention to relinquish 

residence. If you are certain of the facts surrounding the abandonment, execute Form I-407, noting the departure 

information and other relevant facts. If the alien has not yet departed and if time permits, take a sworn statement 

concerning the facts surrounding the abandonment and attach it to the I-407. 

(c) Restriction in the San Antonio District. The U.S. District Court for the Southern District of Texas prohibits 

immigration officers from soliciting or taking waivers of removal hearings in INS district 14. See Leticia 

Sanchez-Hernandez et al c. Richard Casillas et al, Civil Action No. L-78-4 2, April 10, 1981. 

17.11 Asylum Claims. 

Alien applicants for admission who claim asylum will generally be processed for removal proceedings. Aliens 

who are inadmissible under section 212(a)(6)(C) or (7) are subject to the expedited removal provisions and will 

be referred immediately to an asylum officer for a credible fear interview. See Chapter 17.15 for processing 

asylum claimants under section 235(b)(1)(A)(ii) of the Act. If other grounds of inadmissibility are being lodged 

against the alien, institute regular removal proceedings under section 240 of the Act. See Chapter 17.6. See also 

Chapter 17.8(e) regarding detention of TWOV asylum claimants. 

17.12 Bonds. 

Whenever an alien for whom a bond has been posted is admitted, endorse the reverse of the arrival portion of the 

I-94 with the "A" number, FCO code and the word "Bond". When a bond has been pre-posted as a condition of 

visa issuance, the nonimmigrant visa will be so noted by the consular officer. 

17.13 Visa Waiver Pilot Program Cases. 

See discussion in Chapter 15.7 concerning VWPP refusals and limitations on removal hearings. A VWPP 

applicant who claims asylum may be accorded a limited removal hearing , but such a hearing is limited solely 

to the issue of asylum or withholding of removal, in accordance with 8 CFR 208.2(b). In such a situation, process 

the applicant using Form I-863, Notice of Referral to Immigration Judge. 

17.14 Lookout Intercepts. 

See Chapter 31.6. 

17.15 Expedited Removal. 

(a) Inadmissibility. An alien found to be inadmissible solely under section 212(a)(6)(C) or 212(a)(7) of the Act 

may be ordered removed by a Service officer at the port-of-entry without a hearing before an immigration judge. 

Referred to as expedited removal, this procedure was added to section 235(b)(1) of the Act by the Illegal 

Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208. The provision itself 

became effective April 1, 1997. This new process gives immigration officers a great deal of authority over 

removal of aliens and will remain subject to serious scrutiny by the public, advocate groups, and Congress. All 

officers should be especially careful to exercise objectivity and professionalism when refusing admission to 

aliens under this provision. Because of the sensitivity of the program and the potential consequences of a 

summary removal, you must take special care to ensure that the basic rights of all aliens are preserved, and that 

aliens who fear removal from the United States are given every opportunity to express any concerns at any point 

during the process. Since a removal order under this process is subject to very limited review, you must be 

absolutely certain that all required procedures have been adhered to and that the alien has understood the 

proceedings against him or her.


Arriving aliens who are inadmissible under section 212(a)(6)(C) or (7) are subject to expedited removal under 

section 235(b)(1) of the new Act. If 212(a)(6)(C) and 212(a)(7) are the only charges lodged, the alien must be 

processed under expedited removal and may not be referred for an immigration hearing under section 240. If 

additional charges are lodged, the alien may be referred for a section 240 hearing, but this should only occur in 

extraordinary circumstances. Generally speaking, if an alien is inadmissible under 212(a)(6)(C) or (7), 

additional charges should not be brought and the alien should be placed in expedited removal. Aliens charged 

with grounds other than 212(a)(6)(C) or (7) should be referred for a hearing under section 240. There will be 

very few instances where it will be advantageous to the Service to lodge additional charges and institute section 

240 removal proceedings if a solid expedited proceeding can be concluded. Even in criminal cases, an expedited 

proceeding will normally be the preferred option. 

If the alien appears to be inadmissible under the provisions of section 235(c) of the Act as a terrorist or other 

special interest case, refer to Chapter 17.7 or, in appropriate circumstances, detain the alien for removal 

proceedings conducted by the Alien Terrorist Removal Court under Title V of the Act. 

The authority to formally order an alien removed from the United 

States, without hearing or review, carries with it the responsibility to accurately and properly apply the grounds 

of inadmissibility. Any immigration officer issuing an expedited removal order and any designated 

supervisory officer concurring on an expedited removal order must have completed Phase I of the official 96 Act 

Training Program prepared by the Training Division. Phase I training was also incorporated into the 

curriculum of all IOBTC classes which were graduated on or after June 3, 1997 (class numbers IOBTC-264 and 

above). 

The Service retains the discretion to permit withdrawal of application for admission in lieu of issuing an 

expedited removal order. Provisions for withdrawal are now contained in both statute and regulation, with 

specific guidance in the IFM and should be followed by all officers with authority to permit withdrawals. As an 

example, in cases where a lack of proper documents is the result of inadvertent error, misinformation, or where 

no fraud was intended (e.g. an expired nonimmigrant visa), Service officers may consider, on a case-by-case 

basis and at the discretion of the Service, any appropriate waivers, withdrawal of application for admission, or 

deferred inspection to resolve the ground of inadmissibility rather than issuing an expedited removal order. 

When an unaccompanied minor or mentally incompetent alien appears to be subject to expedited removal, and 

the case cannot be resolved under existing guidelines by granting a waiver, deferring the inspection, or by other 

discretionary means, an expedited removal order may be issued, but the order must by reviewed by the district 

director or the deputy district director, or person officially acting in that capacity, before the alien is removed 

from the United States. 

All officers should be aware of precedent decisions and policies relating to the relevant grounds of 

inadmissibility. Section 212(a)(6)(C) is an especially difficult charge to sustain, unless the case involves 

obviously fraudulent or counterfeit documents. Misrepresentation is even more difficult to determine. Also keep 

in mind that an alien who is determined to be inadmissible for fraud or misrepresentation is barred forever 

from the United States, with few waivers available. Any one or several of the following points should be 

considered in determining if an alien has committed fraud or misrepresentation. 

- To support a charge of having procured a document by fraud or misrepresentation, the procuring must 

have been done from a government official, not from a counterfeiter, and any misrepresentation must have been 

practiced on a U.S. Government official. 

- The procurement by fraud must relate to a person who has done so to obtain his or her own admission, 

not someone else's. 

- The fraud or misrepresentation must be material, i.e., the alien is inadmissible on the true facts, or the 

misrepresentation tends to shut off a relevant line of inquiry that might have resulted in a determination of 

inadmissibility. 

- In general, an alien should not be charged with misrepresentation if he or she makes a timely retraction 

of the misrepresentation, in most cases at the first opportunity.


- Silence or failure to volunteer information does not in itself constitute a misrepresentation. 

- Aliens who are determined to be mentally incompetent and small children judged to be incapable of 

independently forming an intent to defraud should not be ordered removed using section 212(a)(6)(C) as the 

inadmissibility charge. The preferred charge in such cases would be section 212(a)(7). 

All expedited removal orders require supervisory approval before service upon the alien. By regulation, this 

approval authority is not to be delegated below the level of a second line supervisor. Each district may 

determine at what level (second line supervisor or above) this review authority should be delegated. The 

expedited removal provisions are not applicable in preclearance or preinspection operations. If the Service 

wishes to proceed with expedited removal of an alien inspected during an en route inspection of a vessel, action 

on the case will be deferred until the vessel has arrived in the United States. The alien may then be processed as 

an expedited removal case. 

Port directors are responsible for ensuring that all U.S. Customs officers who are cross-designated to perform 

immigration inspections are adequately trained in the expedited removal provisions. Customs officers shall not 

issue expedited orders of removal, even in ports where there is only a Customs officer on duty. Such cases must 

be referred to an INS officer if a decision is made to pursue expedited removal. 

See Appendix 17-3 for a flow chart mapping the entire expedited removal process. 

(b) Preparing a Case. The steps to be taken when ordering an alien removed under the expedited removal 

provisions differ somewhat from those in normal removal proceedings. As when referring an alien for a 

removal hearing before an immigration judge, it is important that a complete, accurate record of removal be 

created, and that any expedited removal be justifiable and non-arbitrary. Numerous Service forms have been 

revised or newly created to conform with IIRIRA. The revised forms are listed in 8 CFR 299.1 and 299.5 of the 

interim regulations. A separate IIRIRA wire details the list of forms and how to obtain them. Districts may 

request these forms from the Service Forms Centers. In addition, the forms are being incorporated in electronic 

format into numerous automated forms-generation systems. 

The following steps must be taken in each case in which an order of expedited removal is contemplated or 

entered against an alien: 

(1) Clearly explain to the alien, in a language he or she understands, the serious nature and impact of the 

expedited removal process. Read the statement of rights and consequences contained on the first page of Form 

I-867A, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act, to the alien. Explain that 

you will be taking a statement from him or her, and that any information given or discovered will be used in 

making a decision on the case and may result in his or her prompt removal. Advise the alien that if he or she is 

found to be inadmissible and a decision is made to order the alien removed, he or she will be immediately 

removed from the United States. Explain that there is no appeal to this decision and that this will be his or her 

only opportunity to provide any information or state any fear of return or removal that he or she may have. 

(2) In every expedited removal case, you must use Form I-867A& B to take a complete sworn statement 

from the alien concerning all pertinent facts. The information discussed in paragraph (1) above is printed on the 

form and should be carefully explained to the alien. If the case did not initially appear to involve 

inadmissibility and removal under the expedited removal proceedings, and the sworn statement was begun 

using other Service forms, you must immediately advise the alien of the rights and warnings on Form I-867A 

once you determine that the expedited removal proceedings will apply. 

The sworn statement will usually be done in question and answer format, but a narrative format may be used in 

simple, straightforward cases not involving potentially sensitive or contentious issues. The sworn statement 

should cover several general areas of inquiry: 

Identity - including true name, aliases, date and place of birth and other biographical data. 

Alienage - determine citizenship, nationality, residence. Cover any possible claim to U.S. citizenship 

through parents. 

Inadmissibility - questions should cover the alien's reason for coming to the United States, information


about the specific facts of the case and the specific suspected grounds of inadmissibility. 

Fear of persecution or torture - if the alien indicates in any fashion that he or she has a fear of 

persecution, or that he or she has suffered or might suffered torture, you are required to refer the alien to an 

asylum officer for a credible fear determination. One of the significant differences between expedited removal 

proceedings and regular removal proceedings is that the inspecting officer has a responsibility to ensure that 

anyone who indicates a fear of persecution is referred to an asylum officer for a credible fear determination. 

Inspectors should consider verbal as well as non-verbal cues given by the alien. The obligatory questions on the 

Form I-867B are designed to help in determining whether the alien has such fear. In some cases, this area of 

discussion might arise during the main body of the sworn statement (i.e., before you reach the jurat page, Form 

I-867B) and you may have already asked these specific questions. If the exact questions have already been asked 

and answered, you may elect to line out the identical questions on the jurat page. Otherwise, ask the questions as 

they appear on the I-867B at the end of the sworn statement. If the alien indicates an intention to apply for 

asylum or a fear of harm or concern about returning home, the inspector should ask enough follow-up questions 

to ascertain the general nature of the fear or concern. Do not go into detail on the nature of the alien's fear of 

persecution or torture; leave that for the asylum officer. If an alien asserts a fear or concern which is clearly 

unrelated to an intention to seek asylum or a fear of persecution, then the case should not be referred to an 

asylum officer. In determining whether to refer the alien, inspectors should not make eligibility determinations 

or weigh the strength of the claims, nor should they make credibility determinations concerning the alien's 

statements. The inspector should err on the side of caution and apply the criteria generously, referring to the 

asylum officer any questionable cases, including cases which might raise a question about whether the alien 

faces persecution. Do not make any evaluation as to the merits of such fear; that is the responsibility of the 

asylum officer. Immigration officers processing aliens for expedited removal may contact the asylum office 

point(s) of contact when necessary to obtain guidance on questionable cases involving an expression of fear or a 

potential asylum claim. 

Impact of decision - once you have gathered all the facts, you will decide, usually in consultation with a 

supervisor, the best course of action. Depending on the circumstances, you may admit the alien, allow the alien 

to apply for any applicable waivers, defer the inspection or otherwise parole the alien, permit the alien to 

withdraw his or her application for admission, issue an expedited removal order, or refer the alien for a 

credible fear determination. Whatever decision is made, clearly advise the alien of the impact and consequences 

of the determination and record this in the statement. 

You must use Form I-867B as the final page of the sworn statement and jurat. Be sure to obtain responses from 

the alien regarding the closing questions contained on the form. If the alien in any way indicates a fear of 

removal or return, follow the procedures in paragraph (d) of this section. Collect any additional evidence 

relevant to the case which is discovered during the inspection process. Provide a copy of the completed 

statement, upon signature, to the alien. Retain a copy for the Service file and copy for the port file. 

(3) Prepare three copies of Form I-860, Notice and Order of Expedited Removal. Check the appropriate 

ground(s) of inadmissibility under which the alien is being charged (e.g. 212(a)(6)(C)(i)), and insert a narrative 

description of each charge. Read and explain the charges to the alien in the alien's native language or in a 

language the alien can understand. An interpreter may be required to ensure that the alien understands the 

allegations and the removal order. Interpreters should not be used if they are employees of the government of 

the alien's home country, such as an employee of a government-owned airline, except for the most routine 

questioning. Never use an employee of a foreign government if there is any possibility of sensitive areas (e.g., 

persecution or torture) being discussed. The alien should be given an opportunity to respond to the charges, and 

any response must be recorded either in the sworn statement or as an addendum to the statement. 

After all statements are taken and other paperwork is complete, present it through your chain of command to the 

appropriate supervisor (not to be delegated below the second line supervisor) or person acting in that capacity, 

for review and approval. If the appropriate supervisor is not present at the port, the supervisory review and 

approval may be obtained telephonically, by fax, or by other means. The approving authority must be properly 

advised of all facts in the case in order to make an informed decision. Print the name and title of the supervisor 

approving the order, and check the box on the form indicating that concurrence was obtained telephonically or 

by other means. The expedited removal order must be signed legibly by the preparing officer. 

(4) Obtain the photograph and fingerprints of the alien on FD-249 fingerprint cards ( three sets-- see 

chapter 18.9(c) for distribution). Be sure to complete the entire form and to properly code the fingerprint cards


with the proper United States Code citation, since the FBI will not clear cards without such codes. Following are 

examples of codes that may be used: 

- 18 U.S.C. 1544 Photo substitutions 

- 18 U.S.C. 1546 Counterfeit immigrant visa 

- 8 U.S.C. 1306 Counterfeit INS documents, such as alien registration 

- 18 U.S.C. 911 False claims to U.S. citizenship (imposters, photo substitution of U.S. passport) 

- 18 U.S.C. 1001 Other (fraudulent documents, false statements, imposter, etc.) 

(5) Obtain forensic analysis, if appropriate. In cases involving fraudulent documents, if the sworn 

statement includes an admission of the fraud, no forensic analysis may be required. Due to the expedited nature 

of the proceedings, actual forensic examination of the document by the Forensic Document Laboratory (FDL) 

may not be feasible. This does not mean that it is permissible to "rush to judgement", or that it is permissible to 

expeditiously remove an alien based on incomplete evidence. If forensic analysis is required to establish that the 

alien is inadmissible, such analysis must be obtained before the Form I-860 is executed. If necessary, the alien 

should be detained until the analysis is performed, and then the I-860 can be executed. (On the other hand, if the 

alien's inadmissibility under section 212(a)(7) has been established, there is little or no reason to delay the 

expedited removal process in order to also establish the 212(a)(6)(C) charge.) Offices with photophones or other 

communications devices for transmitting quality images should use that technology whenever possible or 

necessary. [See Chapter 32 for details on using FDL services and for contributing documents or intelligence 

information concerning the fraud.] 

(6) Unless an "A" number already exists for an alien placed into expedited removal, an "A" number 

must be assigned to every expedited removal case at the port-of-entry in order to ensure proper tracking of the 

case from the onset. 

New codes have been created for entry of expedited removal cases into the Central Index System (CIS). Those 

new codes are: 

ERF - Expedited Removal case has been initiated under section 235(b)(1) INA and a final decision is 

pending a credible Fear determination by an asylum officer or immigration judge. 

ERP - Expedited Removal case has been initiated under section 235(b)(1) INA and a final decision is 

Pending for reasons other than referral for credible fear interview before an asylum officer. 

ERR - Expedited Removal case has been initiated and alien has been Removed from the United States 

under that program 

Entry of cases into CIS should be accomplished as quickly as possible in accordance with district policy. To 

ensure prompt data entry, "A" files for expedited removal cases should be separated from other files and flagged 

as expedited removal cases. 

New codes are also being created to designate expedited removal cases in the National Automated Immigration 

Lookout System (NAILS) and the Interagency Border Inspection System (IBIS). The new IBIS disposition codes 

have recently been posted in the IBIS Daily News. Field offices will be notified as new codes are finalized. 

Search for existing Service records in CIS and other appropriate automated systems. If an "A" file exists, create a 

temporary file and request the permanent file. After the file is received, update it with all relevant documents 

completed or collected during the expedited removal process, and forward it to the proper files control office. If 

no previous file exists, create a new "A" file relating to the alien. 

(7) Consult 8 CFR 236.1(e) to ensure that, if required, the appropriate consular official is immediately 

notified of the alien's detention, even if the alien requests that this not be done. Notify the alien that he or she 

may communicate with a consular official. This normally will only be necessary when removal of the alien 

cannot be accomplished immediately and the alien must be placed in detention for longer than 24 hours. When


you contact a consular official, never mention any asylum claim which may have been filed, or give any 

indication that the alien has expressed a fear of persecution or torture. 

(8) If criminal prosecution of the alien is contemplated in addition to expedited removal, the criminal 

action must be completed before the alien is ordered removed. [See Chapter 18 for procedures for criminal 

prosecution]. Once the warning of rights has been given to the alien, questioning of the alien can only occur with 

the alien's consent. If the alien permits questioning and processing to proceed, complete the sworn statement and 

the Form I-860. Do not serve the I-860 on the alien, but place it in the "A" file pending the criminal processing. If 

the alien is to be turned over to another law enforcement agency, serve a Form I-247, Immigration Detainer - 

Notice of Action, on the other agency. Once the alien is returned to INS custody, the I-860 may be served and the 

alien removed under the expedited removal order. 

(9) Serve the original Form I-860 on the alien, unless the alien is to be deferred to an onward office, in 

which case the service is accomplished by the onward office. Place a copy of the I-860 in the "A" file. The third 

copy may be retained at the port. 

(10) Serve Form I-296, Notice to Alien Ordered Removed. You must check the appropriate box to 

indicate the period during which the alien must obtain permission to reenter: 5 years for the first removal under 

section 235(b)(1); 20 years in the case of a second or subsequent removal; at any time if the alien has been 

convicted of an aggravated felony (even though the alien is not being charged as an aggravated felon in this 

proceeding). At the time of actual removal, a photograph and a pressed print of the alien's right index finger 

should be placed on a copy of the I-296, the alien should sign the form, and the particulars of the departure 

entered on the form for retention in the file. 

(11) Cancel the alien's visa or border crossing card, if appropriate, and complete and distribute Form 

I-275 as described in Chapter 17.2. Note the passport with the file number and action taken, for example: 

"Ordered Removed 12/1/97 NYC/Section 212(a)(6)(C)(i)". Forward a copy of the expedited removal order with 

the I-275 to the Department of State. 

(12) Prepare a new Form I-94. If the alien applied for admission at a land border, annotate the Form 

I-94 to read: "Form I-860 Removal Order issued pursuant to section 235(b)(1) of the Act. (Date), (Place), 

(Officer)". If the alien applied for admission at an airport or seaport, use the parole stamp and endorse the I-94 

to read: "For removal from the U.S. by (carrier name). Form I-860 Removal Order issued pursuant to section 

235(b)(1) of the Act. (Date), (Place), (Officer)". 

(13) Detain the alien, as appropriate. Follow local procedures to obtain detention authorization and 

arrange for detention. Aliens placed into expedited removal proceedings must be detained until removed from 

the United States. Parole may be permitted only if there is a medical emergency or if it is necessary for 

legitimate law enforcement purposes, such as for criminal prosecution or to testify in court. Once an alien has 

established a credible fear of persecution or is otherwise referred (as provided by regulation) for a full removal 

proceeding under section 240, release of the alien may be considered under normal parole criteria. 

If there is insufficient detention space to detain an alien in expedited removal who is arriving at a land 

port-of-entry and who claims a fear of persecution, that alien may be required to wait in Canada or Mexico 

pending a final determination of his or her claim. This option should be taken only as a last resort and should 

only be used for aliens who claim a fear of persecution that is unrelated to Canada or Mexico. Aliens who make 

false claims to U.S. citizenship, or false or unverified claims to lawful permanent resident, asylee, or refugee 

status, and aliens who claim a fear of persecution that is related to Canada or Mexico must be detained. Aliens 

arriving at a land border port-of-entry who do not claim lawful status in the United States or a fear of 

persecution should normally be processed immediately and either returned to Canada or Mexico or detained 

until removed. These aliens should not be required to wait in Canada or Mexico pending issuance of an 

expedited removal order. 

Credible fear interviews will normally take place at Service or contract detention facilities. Each port-of-entry 

and detention facility will be provided with a point or points of contact at the asylum office having 

responsibility for that geographical area. It is the responsibility of the referring (Inspections) officer to provide 

the alien being referred for a credible fear interview with both a Form M-444, Information about Credible Fear 

Interview, and a list of free legal services, as provided in 8 CFR parts 3 and 292. It is the responsibility of the 

detention or deportation officer to notify the appropriate Asylum office point of contact when an alien subject to


the expedited removal process requires a credible fear interview, and is being detained in Service custody 

pending this interview. That officer should also provide any additional information or requirements of the 

alien, such as whether the alien requires an interpreter or other special requests or considerations. When aliens 

are detained in non-Service facilities or at remote locations, the referring officer must notify the appropriate 

Asylum Office. If the alien is subsequently transferred to another detention site, the detention or deportation 

officer must ensure that the appropriate Asylum Office has been notified. 

Normally the credible fear interview will not take place sooner than 48 hours after the alien arrives at the 

detention facility. If the alien requests that the interview be conducted sooner, the referring officer, or any other 

officer to whom the alien makes the request, should immediately convey that information to the appropriate 

Asylum office. 

(14) Remove the alien from the United States. Most aliens removed under the expedited removal 

provisions will be turned over to the carrier of arrival for prompt removal; however, some aliens, such as those 

who claim asylum or LPR status, may be detained pending a decision on their claim. At the land border, ensure 

the alien's departure to the contiguous foreign territory. At air and seaports, serve the carrier with Form I-259, 

Notice to Detain, Remove, or Present Aliens, and check the appropriate boxes to order the carrier to remove the 

alien when the removal process is finished, or if the case has not yet been completed, to advise the carrier of 

potential liability. 

(15) Every case in which an expedited removal order is issued must be entered into the Deportable 

Alien Control System (DACS). Entry of data for those aliens detained by the Service will be handled by the 

Detention and Deportation section responsible for the detention facility. Entry of data for aliens not requiring 

detention who are removed directly from the port-of-entry is the responsibility of the Inspections section. A 

separate memorandum issued by the Office of Field Operations on March 18 details the procedures for entry of 

data into DACS for expedited removal cases. Cases initiated at the ports-of-entry and referred for removal 

proceedings under section 240 will continue to be entered into DACS by Detention and Deportation. 

The expedited removal process will be the subject of extensive inquiry and will require appropriate tracking of 

specific case data. A separate memorandum regarding tracking of expedited removal cases at ports-of-entry 

explains how this data collection will be accomplished. 

(16) The Inspections Workload Report, Form G-22.1 is being revised to include data relating to 

expedited removal cases, and is expected to be available October 1, 1997. 

(c) Withdrawal of Application for Admission in Lieu of Expedited Removal Order. The Service has the 

discretion to allow an inadmissible alien to withdraw his or her application for admission and depart the 

United States. See Chapter 17.2 for a full discussion of withdrawal considerations. This discretion also applies 

to aliens subject to expedited removal, and should be applied carefully and consistently, since your decision to 

allow withdrawal or issue a removal order is final. Officers should keep in mind that an order of expedited 

removal carries with it all the penalties of an order of removal issued by an immigration judge (including a bar 

to reentry of at least 5 years following removal). Follow the guidelines and considerations contained in 

Chapter 17.2 in determining whether granting withdrawal of application for admission is in the best interest of 

justice. 

(d) Fear of Persecution or Request for Asylum. Aliens who indicate an intention to apply for asylum or a fear 

of persecution may not be ordered removed until an asylum officer has interviewed the alien to determine 

whether the alien has a credible fear of persecution and warrants a full asylum hearing before an immigration 

judge. 

When questioning or taking a sworn statement from any alien subject to the expedited removal provisions, you 

need not directly solicit an asylum claim. However, to ensure that an alien who may have a genuine fear of 

return to his or her country is not summarily ordered removed without the opportunity to express his or her 

concerns, you should determine, in each case, if the alien has any concern about being returned to his or her 

country. Further, you should fully explore any statement or indications, verbal or non-verbal, that the alien 

actually may have a fear of persecution or return to his or her country. You must fully advise the alien of the 

process, as indicated on the Form I-867A, and of the opportunity to express any fears. 

Keep in mind that the alien need not use the specific terms "asylum" or "persecution" to qualify for referral to an


asylum officer, nor does the fear of return have to relate specifically to one of the five grounds contained within 

the definition of refugee. The United States is bound by both the Protocol on Refugees and the Convention 

Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and, except under 

extraordinary circumstances, may not return an alien to a country where he or she may face torture or 

persecution. 

The alien may convey fear of violence or harm, a need for protection, an indication of harm to, or disappearance 

of, relatives or associates, or dangerous conditions in his or her country. Even disputes of a personal nature 

sometimes may relate to asylum, such as domestic violence, sexual or child abuse, child custody problems, 

coercive marriage or family planning practices, or forced female genital mutilation. All officers should 

recognize that sometimes unusual cases have been found eligible for asylum that may not have initially 

appeared to relate to the five grounds contained in the definition of refugee, such as AIDS victims who face 

government persecution, land or money disputes with wealthy persons or persons in power, whistle blowers, 

witnesses to crimes and even organized crime connections. Do not make judgement decisions concerning any 

fear of persecution, torture, or return. If in doubt, refer to an asylum officer for a determination. Any alien who 

by any means indicates a fear of persecution or return may not be removed from the United States until the alien 

has been interviewed by an asylum officer. 

If the alien indicates an intention to apply for asylum or asserts a fear of persecution or return, and is being 

referred for a credible fear interview with an asylum officer: 

(1) Create an "A" file, if one does not already exist. 

(2) Fully process the alien as an expedited removal case, if that is not already being done. Establishing 

inadmissibility cannot be left to the asylum officer. Record a description of the particulars of the interview and 

the alien's initial claim to asylum or fear of return by means of a sworn statement. Form I-867A and B must be 

used for all expedited removal cases. Follow the instructions in paragraph (b)(1) above to ensure that the alien 

understands the proceedings. Although you need not pursue the asylum claim in detail, enough information 

should be obtained to inform the asylum officer of the alien's initial claim to asylum or fear of persecution or 

return. If the alien answers the closing questions on Form I-867B in the affirmative, several other questions may 

be necessary to determine the nature of the fear or concern. 

If the case did not initially appear to involve inadmissibility and removal under the expedited removal 

proceedings, and the sworn statement was begun using other Service forms, you must immediately advise the 

alien of the rights and warnings on Form I-867A once you determine that the expedited removal proceedings 

will apply and then use Form I-867B for the closing questions and jurat. The sworn statement will usually be 

done in question and answer format, but a narrative format may be used in simple, straightforward cases not 

involving potentially sensitive or contentious issues. 

(3) Complete the Determination of Inadmissibility portion of the Form I-860, including sufficient 

information to support the charges of inadmissibility should the asylum officer find that alien does not have a 

credible fear of persecution. Sign only the Determination portion of the form. The removal part of the order will 

be signed by the asylum officer only after it is determined that the alien does not have a credible fear of 

persecution. Refer also to Chapter 43.3 for documenting any potential fines issues. 

(4) Advise the alien of the purpose of the referral and that the alien may consult with a person or 

persons of his or her choosing, at no expense to the government and without delaying the process, prior to the 

interview. The Form M-444, Information about Credible Fear Interview, must be given to the alien and 

explained in a language the alien understands. The alien should sign two copies, acknowledging receipt of the 

information. One copy should be placed in the A file, and the other retained by the alien. 

(5) Arrange for detention of the alien according to local procedures. According to local procedures, 

you must advise the appropriate asylum office that an alien being detained requires a credible fear interview. 

The asylum office should also be advised whether the alien requires an interpreter and of any other special 

considerations. Forward the "A" file to the location where the credible fear interview will take place. Prepare 

Form I-259 and serve it on the affected carrier. Complete Form I-94 for NIIS entry notated "Detained at _______ 

pending credible fear interview pursuant to section 235(b)(1)(B) of the Act. (Date), (Place), (Officer)". 

An asylum officer will conduct an interview to determine if the alien has a credible fear of persecution, either at


the detention facility or at a location arranged through the asylum office having jurisdiction over the place of 

apprehension, depending on location. In some cases, credible fear interviews may be conducted by other 

asylum-trained immigration officers. If the alien is determined to have a credible fear of persecution, the asylum 

officer will refer the alien for a well-founded fear hearing before an immigration judge under section 240 of the 

Act. If the alien is found not to have a credible fear of persecution, following review by a supervisory asylum 

officer, the asylum officer will order the alien removed pursuant to section 235(b)(1), unless the alien requests 

that the determination of no credible fear be reviewed by an immigration judge. If the alien makes such a 

request, the asylum officer will use Form I-863, Notice of Referral to Immigration Judge, checking box #1, to refer 

the alien to the immigration judge for review of the credible fear determination. If the immigration judge 

determines that the alien does not have a credible fear of persecution, the Service will present the alien for 

removal to the carrier on which he or she arrived. There may be some situations where the actual carrier of 

arrival and port of embarkation cannot be ascertained. Such cases may require additional processing, including 

detention, in order to arrange for travel documents and transportation at government expense (User Fee). 

(e) Claim to lawful permanent resident, asylee, or refugee status, or U.S. citizenship. (1) General. Cases in 

which an alien who is subject to expedited removal claims to be a U.S. citizen, claims to have been lawfully 

admitted for permanent residence, to have been admitted as a refugee under section 207, or to have been granted 

asylum under section 208, should be handled very cautiously to ensure that the rights of the individual are fully 

protected. The expedited removal authority provided by IIRIRA is a powerful tool and there are significant 

interests at issue where such a claim is made. You should be extremely aware of those interests when you are 

using this tool. There are grave consequences (for the person involved, for the Service, and for the individual 

officer) involved in incorrectly processing a bona fide citizen, LPR, refugee or asylee for removal. Although the 

statute and regulations provide certain procedural protections to minimize the risk of such consequences, you 

should never process a case for expedited removal which you would not feel satisfied processing for a hearing 

before an immigration judge. 

If the alien falsely (or apparently falsely) claims to be a U.S. citizen, lawful permanent resident, refugee, or 

asylee, and is not in possession of documents to prove the claim, make every effort to verify the alien's claim 

prior to proceeding with the case. This can be accomplished through a thorough check of the Service data 

systems, manual request to the Records Division, careful questioning of the alien, or review of Service issued and 

other documentation presented. Use whatever means at your disposal to verify or refute a claim to U.S. 

citizenship, including verification of birth records with state authorities, etc. 

(2) Verifiable Claim. When inspecting an alien whose claim to lawful permanent resident status has 

been verified, determine whether the alien is considered to be making an application for admission within the 

meaning of section 101(a)(13). [See discussion in Chapter 13.4.] Although the lawful permanent resident may 

not be considered to be seeking admission, he or she is nonetheless required to present proper documents to 

establish his or her status as a lawful permanent resident. If the claim is verified and the alien appears to be 

admissible except for lack of the required documents, consider a waiver under section 211(b) for a lawful 

permanent resident, or consider accepting an application for a refugee travel document in accordance with 8 

CFR 223.2(d)(2)(ii) for a refugee or asylee. Refer to Chapters 13.2 and 17.5 for a discussion of this and other 

options for admitting returning residents. 

If the claim is verified, but a waiver is not available or is not clearly warranted, such as when fraud was 

committed in obtaining status or upon entry, or in cases where the alien appears to have abandoned his or her 

residence, you may initiate removal proceedings under section 240 of the Act. Procedures for preparing for 

removal hearings and processing inadmissible LPRs are discussed in Chapters 17.6 and 17.10. Although the 

charging document, Form I-862, Notice to Appear, is the same for both inadmissible and deportable aliens, 

immigration officers performing inspections at a port-of-entry are authorized to issue a Notice to Appear only to 

arriving aliens, as defined in 8 CFR 1.1(q). If a lawful permanent resident is not considered to be seeking 

admission, he or she is not an arriving alien. If a Notice to Appear is to be issued charging the returning resident 

as a deportable alien, the Notice to Appear must be issued by one of the authorizing officers listed in 8 CFR 239.1, 

such as the ADDE or ADDI, in accordance with local policy. 

(3) No Verifiable Claim. If no record of the alien's lawful admission for permanent residence, grant of 

refugee status, admission as an asylee, or citizenship can be found after a reasonably diligent search, advise the 

alien that you are placing him or her under oath, or take a declaration as permitted in 28 U.S.C. 1746, and warn 

the alien of the penalties for perjury. Section 1746 of the Title 28 United States Code reads as follows:


Wherever, under any law of the United States or under any rule, regulation, order, or requirement made 

pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the 

sworn declaration, verification, certificate, statement, oath, affidavit, in writing of the person making the same 

(other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than 

a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by 

the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by 

him as true under penalty of perjury, and dated, in substantially the following form: 

(1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury 

under the laws of the United States of America that the foregoing is true and correct. Executed on (date). 

(Signature)". 

(2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or 

certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). 

(Signature)". 

The penalties for perjury contained in 18 U.S.C. 1621 (Perjury generally) provide for fine and imprisonment of 

not more than five years, or both. The penalties for perjury contained in 18 U.S.C. 1546 (Fraud and misuse of 

visas, permits, and other documents) provide for fine and imprisonment of not more than 10 years, or both. 

If the alien declares under oath, pursuant to the advice above, that he or she is a citizen, lawful permanent 

resident, refugee, or asylee, order the alien removed under section 235(b)(1)(A) and refer to the immigration 

judge for review of the order. Complete Form I-860 after completing all procedures in this chapter. Serve the 

Form I-860 on the alien. Serve Form I-259 on the affected carrier, if appropriate. Use Form I-863, checking Box 

#4, to refer the removal order to the immigration judge for review. The alien should be detained pending review 

of the order by the immigration judge. In the event an alien who has made a verbal claim to citizenship or to 

LPR, refugee, or asylee status declines to make a sworn statement, conclude the expedited removal process in the 

same manner as any other nonimmigrant in the same situation. 

If the immigration judge determines that the individual is not a citizen or is an alien who has never been 

admitted as a lawful permanent resident, refugee, or asylee, the expedited removal order will be affirmed and 

the alien removed. There is no appeal from the decision of the immigration judge. If the judge determines that 

the individual is a citizen, the process is completed and the citizen is released. If the judge determines that the 

alien was once admitted as a lawful permanent resident, refugee, or asylee, and that status has not been 

terminated, the judge will vacate the expedited removal order and the Service may initiate removal proceedings 

under section 240. 

17.16 Technical Notes. 

(a) Inadmissibility Based on Customs Zero Tolerance Regulations Enforcement. The Customs Service has a 

"Zero Tolerance Program" in which subjects found with controlled substances are required to pay a fine in 

addition to seizure of the controlled substance. When an alien signs a Customs' Service form "Agreement to Pay 

Monetary Penalty," acknowledging that Customs has seized a specified amount of a controlled substance, and 

that Customs has fined the alien a specified amount, it will not usually be sufficient to place the alien in removal 

proceedings under section 212(a)(2)(A)(i)(II). General Counsel Legal Opinion No. 95-4, "Excludability under 

Customs Zero Tolerance Fines, addresses this issue. Generally, for an admission to lead to inadmissibility 

under this section, there must be a high degree of specificity as to the basis of the admission. An alien must 

admit violating a specific controlled substance statute, with reference to the specific statute and to the factual 

elements that would have to be proved to establish a conviction for the offense. As always, Service officers 

should be aware of and consider alternative grounds of inadmissibility. The circumstances of a seizure may 

indicate for example, that an alien is inadmissible under section 212(a)(2)(C) as an alien who there is reason to 

believe is or has been a controlled substance trafficker. When an alien is placed in removal proceedings, this 

action should be taken regardless of whether the relevant violation occurred during the current application for 

admission or a prior one. In assembling evidence for the proceeding, insure the availability of Customs records. 

(b) Inadmissibility after Alien Leaves INS Primary but Remains in Inspectional Area. There are occasions 

when an alien, after completing INS primary inspection, is intercepted by another officer of the Service or another 

agency and is found to be inadmissible. Such alien may be held for removal proceedings if he or she has not left 

the confines of the federal inspection area, regardless of the fact that the passport may have been stamped


"Admitted" and an I-94 issued. Case law has made it clear that an alien does not effect an "entry" into the United 

States for immigration purposes unless all of the following elements are present: (1) the alien is physically 

present in the territory of the United States; (2) the alien has been inspected and admitted for immigration 

purposes or the alien has actually and intentionally evaded inspection; and (3) the alien is free from official 

restraint. Correa v. Thornburgh, 901 F.2d 1166 (2d Cir. 1990); In re Dubbiosi, 191 F. Supp. 65 (E.D. Va. 1961); 

Matter of Pierre, 14 I & N Dec. 467 (BIA 1973) [See also General Counsel Opinion 91-37.]. Although the 

definition of "entry" is no longer defined in the INA, and has been replaced by the definition of "admission" and 

"admitted" in section 101(a)(13), the general provisions still apply in this context.


Chapter 22: Airport Procedures. 

References: 

INA: Sections 212, 231, 232, 233, 234, 235, 251, 252. 

Regulations: 8 CFR 212, 231, 232, 233, 234, 235, 251, 252. 

22.1 General. 

Aircraft arriving from foreign territory are inspected at ports-of-entry designated in 8 CFR 100.4(c)(3) under 

authority contained in section 234 of the Act. Although the total volume of passengers is small by comparison to 

the that of land borders, the inspection process is considerably more complex, reflecting the diverse nature of the 

persons seeking admission to the United States. Personnel assigned to airport inspectional duties are generally 

funded by the Inspections User Fee Account, from revenue generated by a $6.00 per-person charge paid by each 

arriving passenger through a surcharge to their airline ticket price. 

Congress, in enacting the User Fee statute, also mandated that the agency improve the level of inspectional 

service by reducing waiting times at international airports. In order to insure full compliance with the intent of 

Congress, the Service has established inspector-to-passenger ratios as a guide to help insure waiting time for 

arriving passengers does not exceed 45 minutes. [See section 286(g) of the Act.] The normal staffing levels are: 

one inspector per 45 passengers on flights which are all aliens, one inspector per 100 passengers on flights which 

are all U.S. citizens and returning residents and one inspector per 60 passengers on mixed flights. Of course, in 

many locations multiple flights arrive for inspectional area during the same time period. Inspectors who are on 

duty should not be withheld from primary inspection simply because of these ratios. 

A complete list of ports-of-entry for arriving international aircraft is included in 8 CFR 100.4(c)(3). 

Ports-of-entry are designated by the Secretary of Treasury. Ports-of -entry for the arrival of aliens by air are 

designated by the Commissioner of INS. [See section 234 of the Act and 8 CFR 234.4.] Aircraft arriving from 

Cuba must arrive only at the Ft. Lauderdale-Hollywood, FL, airport unless permission is granted by the INS 

District Director in Miami. [See 8 CFR 234.2.] 

22.2 Inspection Systems. 

In years past, inspection of arriving air passengers was separately conducted by various inspectional agencies: 

Public Health, Immigration, Customs and Agriculture. Over time, several interagency agreements have resulted 

in a variety of consolidated inspectional procedures. The variations among airport Federal Inspectional 

Services (FIS) work areas at different airports reflect this evolution. As a result of these physical FIS differences, 

there are some differences in local inspectional procedures, although the inspectional requirements of the Service 

remain essentially unchanged. 

The current inspectional process, used at all new facilities, includes an INS-staffed primary inspectional area 

with Interagency Border Inspection System (IBIS) terminals, located in front of the baggage claim area. The 

immigration officer completes a primary inspection, including IBIS query, for all agencies and refers to each 

agency any secondary cases, according to agreed-upon criteria. A Memorandum of Understanding between INS 

and Customs which was signed on October 17, 1990, and serves as a guideline for interagency cooperation and 

procedures at airports, is reproduced as Appendix 22-1. 

There are a number of special programs in place which will result in variations in the inspectional procedures. 

Each of these programs is designed to facilitate the inspection process or improve its effectiveness. Although 

some may be referenced in this chapter, they will be discussed in more detail in Chapter 26. 

22.3 Primary Inspection Procedures. 

An airport primary inspector performs a series of procedures to quickly complete the admission of readily


admissible persons and the detection and referral to secondary of those needing further questioning or more 

involved processing. The primary immigration inspector conducts an inspection for immigration purposes, 

including a lookout query for all agencies. A primary officer determines identity, examines the applicant's 

travel documents, and completes immigration primary inspection of various categories of aliens and citizens, 

including execution of Form I-94 for admissible nonimmigrants. Detailed procedures for completing inspection 

of U.S. citizens and each category of nonimmigrant and immigrant are discussed in Chapters 11-16. 

22.4 Secondary Referrals. 

The inspector must quickly identify passengers who may not be admissible or whose inspection will require 

additional time. The primary inspector must communicate with the secondary officer via IBIS, concerning the 

basis for referrals. Local procedures for referral to the secondary areas for each inspectional agency may vary. 

Generally, each of the procedures discussed in Chapter 17 would be conducted in the secondary area. In 

addition, most paroles, new immigrant, and refugee admissions are handled as secondary functions because of 

special stamps required. 

22.5 Inspection of Air Crewmembers. 

(a) General. At most airport facilities a separate booth is designated solely for inspection of crew members. In 

some locations, this function may be conducted by a secondary officer. The inspector handling the crew will 

usually also be designated to receive Forms I-92, Aircraft/Vessel Report and the crew list on either an 

International Civil Aviation Organization General Declaration or Customs Form 7507, and often has 

responsibility for closing out the flight paperwork, as discussed below. The paperwork is normally presented 

by an airline ground agent or a member of the crew. Before the agent or crewmember leaves the area, the 

inspector should review the paperwork to insure that necessary information, such as total number of passengers 

and crew and flight arrival or block time, has been provided. The separate alien and citizen numbers are not 

required until after the flight is closed out and Forms I-94 are tallied. If there is missing information, such as a 

missing crewmember's name, the inspector should advise the ground agent or purser to make the necessary 

changes to the declaration. 

Although air crewmen are subject to the same conditions which apply to crewmen arriving on vessels, there is a 

lesser enforcement problem relating to air crewmen. Therefore, air crewmembers need not be given the same 

detailed inspection given to vessel crewmembers. At air ports-of-entry it is the general practice to expedite the 

admission of arriving crewmen. There is no objection to this practice so long as inspection of arriving 

passengers is not delayed simply to expedite crewmen. Waiting passengers should not be asked to step aside so 

that crewmen can be inspected. The crewmen must wait until the inspection of passengers already in the booth is 

completed. Under no circumstances should the arriving passengers be left with the impression that crewmen 

come first. 

(b) Passport, Visa and I-95 Requirements for Nonimmigrant Air Crew. Each arriving alien crewmember must 

present a competed Crew Customs Declaration, a valid passport with a "D" visa (except as discussed below) and 

Form I-95. Exceptions: 

(1) Crewmembers who are Canadian citizens are exempt a "D" visa, but require an I-95; 

(2) Crewmembers who are Landed Immigrants of Canada and who are nationals of former 

commonwealth countries are exempt a "D" visa [See Chapter 15.3(g) for list of commonwealth countries], but 

require an I-95; 

(3) Mexican crewmembers on the Mexican National Airline, Mexicana, are exempt both a passport and 

a "D" visa if they present a Mexican "Aeronautical Card"; and 

(4) Crewmembers in possession of Form I-184 do not require an I-95. 

The inspector will check off the name of each crew member listed on the General Declaration as he or she checks 

passport validity and the I-95. It is not necessary to line stamp the reverse of the I-95, unless requested to do so 

by the alien. It is not necessary to stamp the passport of any alien crewmember. Stamp the Crew Customs 

Declaration of each crewmember admitted to notify Customs that the immigration inspection has been


completed. This procedure may vary somewhat at different ports. 

If a crewmember does not have an I-95, or has obtained a new passport, the inspector should prepare and execute 

a new I-95 and staple it in the passport, adjacent to the "D" visa. He or she should also conduct a lookout query in 

IBIS whenever an I-95 is issued. For the I-95, a "D-1" stamp and line stamp are used, not the regular admission 

stamp. If no line stamp is available, the inspector will enter the date, stamp number and his or her signature in 

the space for the line stamp. At major airports, the I-95 is not stamped on the reverse at each subsequent entry, 

since crewmembers may be encountered many times each month. 

If a crewmember with an expired passport or visa is encountered, a visa waiver, passport waiver, or refusal of 

admission, as described in Chapter 23.3, may be considered. 

(c) U.S. Citizen and Resident Alien Crew. U.S. citizen crewmembers must have a valid passport only if arriving 

after travel outside the western hemisphere. Resident alien crewmembers may travel on Form I-551. Resident 

alien crew ordinarily would not be employed on the same flights as "D" crewmembers. Do not stamp passports 

of U.S. citizens or returning resident crewmembers unless asked to do so. 

(d) INSPASS and crewmembers. The INSPASS inspection process is also available to air crew. This means that 

some crew will not be inspected in the regular crew booth. Verify through Customs that crew members who 

were not inspected in the crew booth submitted a Crew Customs Declaration at the crew Customs booth. 

(e) "Deadheading" Crew. "Deadhead" crewmembers are air crew members who enter as passengers or 

non-working crew on board a regular flight or "positioning" aircraft. They are generally entering solely for the 

purpose of joining the working crew of an outbound flight. Although ordinarily a C-1 visa is appropriate in 

such circumstances, a B-1 visa is also permitted. At some ports, such crewmembers may be added to the 

general declaration and admitted as D-1. In all other circumstances, working crewmembers may be classified 

only as D-1 or D-2. 

22.6 Processing Arrival Manifests and Flight Logs. 

(a) I-92/I-94. Once the last passenger from the flight has been cleared, complete the citizen/alien counts on the 

I-92. The alien count will be the tally of all Forms I-94 (regular, TWOV, VWPP, including refugees, parolees and 

secondary referrals) collected for the flight. The citizen count includes U.S. citizens, alien residents, immigrants 

and any nonimmigrants who do not require an I-94. (This includes Canadian nationals, aliens having a 

common nationality with nationals of Canada or with British subjects in Bermuda, Bahamian nationals, British 

subjects resident in Bahamas, Cayman Islands, and Turks and Caicos Islands.) The I-92 should also contain the 

number of U.S. citizen and alien crew inspected. After the flight count has been finalized, re-sort Forms I-94, 

segregating those for F-1, M-1, TWOV, VWPP and departure. Bundle remaining I-94 forms with the I-92 for the 

flight. 

Forward all Forms I-94 and I-92 for data entry as described in Chapter 22.7. 

(b) I-577. Every INS airport inspectional facility is required to maintain a Daily Air Passenger Inspection Log, 

Form I-577, containing key information about each arriving aircraft. Most often, this is maintained in the crew 

booth or secondary area by the crew inspector, secondary inspector or supervisor. The log contains key 

information concerning the passenger load, arrival and inspection times, and number of inspectors assigned. 

[See airline codes in Appendix 22-2.] A complete, accurate log is necessary, since the Service is often required to 

respond to inquiries regarding flight delays and manpower on duty. Frequently, you will be required to 

process more than one flight simultaneously, somewhat complicating obtaining the flight opening and closing 

times. Enter flights on the log in order of arrival, to the extent possible. Ports with multiple terminals or 

separate cargo facilities may maintain multiple daily logs. Flights are generally expected to be cleared in less 

than 45 minutes. Mark the flight log, in the left hand margin, "DLY" whenever passenger inspection exceeds 45 

minutes. In addition, follow local procedures for adherence to the national policy for reporting such delays or 

other unusual situations affecting the inspection. Do not include clearance times for large groups of TWOV 

passengers or refugee groups in the passenger processing time for a flight. Note that the first passenger time 

(FIRST PAX) time on Form I-577 should be the time that the first passenger enters the inspection room and not 

when the flight paperwork is presented to the crew inspector. If the passengers are detained on the aircraft due 

to congestion in the inspection area, add to the inspection time the minutes elapsed between blocking and the


actual commencement of inspection. (Strictly speaking, this does not allow for the time it took for the passengers 

to proceed from the aircraft to the FIS area, normally counted as time between block time and first passenger.) 

The last passenger time (LAST PAX) is the time when te last passenger from the flight clears primary inspection. 

This may be an estimated time if there are multiple flights in the inspectional area at the same time. The flight 

closing time is the time when the last passenger has cleared both primary and secondary. 

(c) APIS flights. When entering the number of primary inspectors on duty for an APIS flight, include only those 

assigned to "Blue Lanes," or actually engaged in inspecting the APIS flight. When completing the I-577 for an 

APIS flight, mark an "A" in the right hand margin of the flight log next to the flight. If a flight is ordinarily an 

APIS flight, but was not processed using APIS, note the right hand margin "NA" and explain the reasons for not 

using APIS on the reverse side of the log. 

(d) ACE flights. Identify any flight where Accelerated Citizen Examination (ACE) was used by noting "ACE" in 

the right hand margin next to the flight. 

(e) Overtime billable flights. Flights arriving between 5:00 p.m and 8:00 a.m and: 

(1) are not scheduled (do not appear on the INS flight schedule), or 

(2) flights which arrive one hour or more off schedule 

are billable for overtime charges only if there are INS officers working overtime during the time of inspection. 

Identify billable flights on the I-577 by circling the block time for the flight in red. 

(f) Manifests for Precleared Flights. Enter all Precleared flights on the I-577, listing passenger and crew counts 

as "0", unless inspection of either is required. 

22.7 Departure Manifest Procedures. 

(a) General. Air carriers are required to submit departure manifests, ordinarily within 2 working days of 

departure, as specified in 8 CFR 231.2. The port-of-entry is responsible for reviewing and sorting the departure 

forms and forwarding them for data entry. In addition, ports must obtain departure flight schedules and insure 

manifests are received for all scheduled departing flights. Unlike arrival forms, departure I-94 forms do not 

have to be separated, except for TWOV forms (I-94T). Promptly (not to exceed 3 days from receipt at airports 

with permanent staff, 7 days at other locations) forward all forms I-92 and I-94 to: 

Uniband, Inc. 

Hwy 5 West 

PO Box 760 

Belcourt, ND 58316-0760 

(b) Special TWOV I-94 Handling Requirements. Form I-94T is the primary document used to determine if a 

TWOV violation has occurred. Although the TWOV carrier has responsibility for submission of a complete and 

accurate form for each passenger, Service officers must monitor performance to ensure compliance and for 

completing the shaded blocks on the form. 

Some carriers will ask for INS port officials to sign a receipt for departure I-94T forms, separately turned in 

from other departure forms. When signing such a receipt, advise the carrier, orally or in writing, that such a 

receipt does not relieve the carrier from responsibility for proper completion of the departure information. The 

receipt is merely an acknowledgment that the forms were submitted. Improperly completed departure forms 

should be sent to the contractor for data entry. The contractor will identify forms with missing departure 

information and notify the National Fines Office of the possible violation of section 231 of the Act. Port officials 

should not recommend fines in such situations. 

Date stamp each departure Form I-94T directly below the admission number with the Service date of receipt. 

Forms I-94T should be sent for data entry via overnight express, to avoid needless notices of intent to assess 

liquidated damages.


22.8 Progressive Clearance. 

Some flights have been approved to deplane some passengers and crew at one port-of-entry and the remainder at 

an onward port. In such instances, the agent will deliver two Forms I-92 to the first port of entry. If you are at 

the first port, record on the flight log and one copy of the I-92 only the number of passengers and crew cleared at 

your port. Indicate on the second I-92 the number of passengers and crew which remained on board. Stamp the 

second I-92 with your admission stamp and return it to the agent, to be turned in at the second port. At the 

onward port, the agent will deliver the I-92 stamped by the first port, indicating the number of passengers and 

crewmembers which should be inspected. Complete the inspection, I-92 and flight log, including only those 

persons inspected at your port. Occasionally, there may be domestic passengers who boarded at the first port, 

but who are not subject to inspection at the onward port. Such passengers should be airline employees, 

"deadheading" crewmembers or their families. Such persons are not to be included in the flight log or I-92. [See 8 

CFR 231.1(c) for authority and conditions of progressive clearance and Chapter 42.8 discussion of progressive 

clearance approval.] 

22.9 Emergency Procedures during Canadian Air Traffic Controller Strikes. 

(a) The following guidelines and emergency procedures will be placed in force at the direction of Headquarters 

in the event of an air controller work stoppage in Canada. 

(1) Passengers destined to the United States from Canada will be accorded inspection at preclearance 

locations in Canada and bused to the United States. They will be accompanied by an airline representative or 

guard together with a memo from the INS supervisor in Canada stating the number of passengers inspected and 

boarded on the bus. In this situation, no inspection will take place at the port-of-entry. 

(2) Passengers destined overseas from Canada will be transported on buses from the Canadian airport 

to an airport in the United States. On arrival at a land port-of-entry, the airline representative accompanying the 

passengers will provide a list containing the names of all persons on the bus to the INS or Customs officer. The 

bus then may be allowed to proceed to the United States airport of embarkation where the airline representative 

will provide the list (second copy) of the names of all persons aboard the bus. An INS or Customs officer will 

observe the boarding of the flight and make a head count for comparison with the listed names. In the 

alternative, when the airport is close to the port-of-entry, an INS or Customs officer may escort the bus to the 

airport and observe the boarding. No inspection will be accorded at the port-of-entry or the airport in this 

situation. 

(3) Passengers arriving at a United States airport on a Canada-bound flight will be accorded full 

inspection if destined to the United States and inspection is requested. All other passengers will not be 

inspected, but will be transported on buses and escorted to Canada by airline representatives. These flights will 

be met at the U.S. port of departure by an INS or Customs officer who will then proceed to Canada. In some 

jurisdictions, the passengers will be inspected by Canadian officials at the border and in others, at Canadian 

airports of destination. In either case, Canadian officials should furnish a list (second copy) of the names of 

persons inspected to his United States counterpart at the port or at the airport in Canada (preclearance post). 

(4) Passengers traveling from one point in Canada to another point in Canada via a flight entirely 

within the United States will be bused to U.S. airports through ports-of-entry. The airline representative 

accompanying the passengers will furnish the port-of-entry with a list of names of all passengers and the 

port-of-entry will make a head count and furnish this information to the U.S. airport of embarkation. An INS or 

Customs officer will observe the boarding of the flight and take a head count. The inspector will then furnish the 

head count and other flight information to the United States airport of debarkation. Each flight will be met at 

the U.S. airport of debarkation by an INS or Customs officer who again will observe the boarding of buses and 

make a head count. The buses will then proceed to Canada where airline representatives will furnish Canadian 

officials with a list of the names of all persons (second copy of the list provided the port-of-entry) transported. 

(b) All carriers transporting passengers to and from U.S. airports for flights that usually originate or terminate 

in Canada under the provisions of guidelines 2 through 4, must be signatory to a Form I-426 agreement. 

Carriers not signatory to a Form I-426 agreement should be given a reasonable opportunity to enter into an 

agreement with the Service. If no agreement is entered into, those carriers not signatory shall be precluded from


transporting passengers in the manner prescribed in paragraphs 2, 3, and 4 of these guidelines. Every carrier 

must be reminded that under the provisions of the Form I-426 agreement, liquidated damages may be assessed 

for each passenger transported who fails to depart in accordance with the provisions of these guidelines. 

(c) Employees of carriers whose flights normally operate from Canadian airports are not authorized to be 

stationed at U.S. airports to conduct routine duties or to perform routine maintenance and aircraft servicing 

functions. A limited number of supervisory employees may be admitted in B-I status for the purpose of advising 

and observing operations of personnel under contract to handle maintenance, janitorial services, ticketing, and 

reservation services. Mechanics and maintenance personnel may be admitted in B-I classification to perform 

emergency mechanical services. They should not be admitted to be stationed at U.S. airports in anticipation of a 

need for their services. The admission of airline personnel under B-I classification should be controlled by 

issuance of Form I-94. The airline employee should be instructed to surrender the original copy of Form I-94 to a 

United States immigration officers at the time of departure from the Unites States. 

(d) It is anticipated that specific problems not covered in these guidelines will present themselves. As such 

problems present themselves, the Regional Office concerned should coordinate with Headquarters to resolve 

them. 

(e) These guidelines are established to apply to air carriers who regularly provide air service to and from 

Canadian airports and are precluded from doing so due to a work stoppage. The guidelines are not meant to 

apply to new routes or supplemental service being inaugurated after a work stoppage has commenced. 

22.10 Inspection of International Transit Passengers. 

(a) General. Changes to the Act as effected by the Illegal Immigration Reform and Immigrant Responsibility 

Act of 1996 (IIRIRA) require the inspection of all international-to-international (ITI) passengers (formerly 

known as in-transit lounge (ITL) passengers). Section 235(a)(3) now reads that "[a]ll aliens (including alien 

crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit 

through the United States shall be inspected by immigration officers" 

(b) Procedures. 

(1) International-to-international passengers shall be inspected but not admitted to the United States. 

This inspection should be conducted at the In-Transit Lounge (ITL). If this is not feasible, the port director or 

district office manager shall contact the appropriate deputy assistant regional director for inspections to 

provide justification for not using the ITL and to make alternative arrangements in keeping with the overall goal 

of facilitation of the ITI operation. 

(2) The transit passenger inspection (TPI) shall consist of a visual examination of ITI passengers during 

the transfer process at the port-of-entry. This does not require an examination of each passenger and their travel 

documents. Questioning of ITI passengers and examination of travel documents shall be done selectively and on 

a random basis but should not interfere with the overall facilitation of the ITI operation. 

(3) The POE's shall dedicate sufficient resources at the ITI inspection locations to maximize facilitation 

and law enforcement while ensuring inspector safety and security without adversely affecting the inspection of 

passengers seeking admission to the United States. 

(4) Carriers are not required to present for inspection ITI passengers or crewmembers who remain on 

board the aircraft. 

(5) Ports-of-entry shall report to the Office of Programs, through channels, any significant 

implementation problems, including adverse effects on the 45 minute inspection requirement and/or on 

resources, with any of the above inspection requirements. 

(6) Ports-of-entry need to obtain and record accurate ITI passenger counts. Carrier representatives 

should be questioned regarding ITI passengers counts upon presentation of the Aircraft/Vessel Report, Form 

I-92. This refers to passenger counts only and not to biographical data. The figures reported on the G-22.1 are 

for planning purposes and for use in discussions with the carriers.


(c) Carrier Responsibilities. Carriers signatory to Immediate and Continuous Transit Agreements (with 

provisions for control of uninspected passengers and In-Transit Lounge Use), also known as ITL agreements, 

will be allowed continued transit privileges of ITI passengers until further notice. [ See also Chapter 42.2.] 

Management officials at each port-of-entry with a transit lounge should work closely with air carriers using the 

transit facilities to ensure the Service receives sufficient advance information about transit passengers who will 

use ITI facilities. Such information includes date and time of arrival, flight number and an estimate of the 

number of ITI passengers.


Chapter 23: Seaport Inspection. 

References: 

INA: Sections 212, 235, 251, 252, 253, 254, 255, 256, 257, 258, 273. 

Regulations: 8 CFR 212, 235, 251, 252, 253, 258; 22 CFR 41.41, 41.42. 

23.1 General. 

(a) Inspection of passengers and crewmembers in a seaport environment differs significantly from airport or 

land border inspection. Many of the procedures have been only slightly modified from inspectional procedures 

developed many years ago, before the advent of commercial airlines. Most vessels inspected nowadays are 

cargo vessels, with only crewmembers on board. Passenger vessels are predominantly cruise ships, with most 

passengers beginning and ending their trips in the United States. Cruise ship inspection, involving a large 

volume of U.S. citizen passengers and crewmembers who may have made several entries in just a few weeks, is 

handled either upon arrival or en route, using a relatively small inspection staff. Cargo vessels are inspected in 

port or "in-stream," based on arrangements made by the vessel's agent. 

A list of ports-of-entry for arrival of international vessels is included in 8 CFR 100.4(c)(2). Ports-of-entry for 

international arrival are designated by the Commissioner of Customs and approval for the inspection of aliens 

at such ports must be granted by the Commissioner of Immigration. 

(b) In-stream boardings. In-stream boardings can be more hazardous and time-consuming, and are typically 

used when a ship will be at anchor for a prolonged period prior to docking or will proceed to a docking facility 

which is distant from the major port area. Such boardings are generally arranged to accommodate the needs of 

the vessel's operator, at the convenience of the government. A boarding party, usually an inspector each from INS 

and Customs and the ship's agent, meet the ship at a prearranged anchorage, using a tug, launch, or helicopter, as 

arranged by the agent. The inspecting officer must exercise judgment in deciding whether the boarding 

conditions are safe or whether the inspection should be delayed until docking. 

(c) Dockside inspections. Dockside inspection of vessels is arranged by the shipping agent. Inspection must be 

complete before any other activities commence, such as cargo off loading, conducting business with ship 

chandlers, etc. Ordinarily, the INS and Customs inspectors are at the dock when the ship's gangway is lowered 

and are the first to board. Others waiting to do business should be directed to refrain from such activities until 

the inspection is substantially completed, to avoid interference with the clearance process. Ships are usually in 

port for a limited time, incurring substantial charges for stevedores and other related activities. It is critical that 

the Federal inspection procedures are promptly and efficiently handled to avoid needless delays and increases 

to these costs. 

(d) En route inspections. (1) General. Because of the large volume of passengers and crew on many cruise 

vessels and the rapid turnaround time required for off loading passengers from one cruise and loading for the 

next, cruise lines often request that INS conduct the immigration inspection while the ship is en route from the 

last foreign port back to the United States. This type of inspection, while both cost-effective and customer-service 

oriented, is subject to scrutiny by the media as well as internally, since the prolonged presence of the inspector on 

a cruise vessel can easily give the outward appearance of being improper acceptance of a gift by a government 

employee. Because of this risk, Service policy on the conduct of en route inspections has been strictly laid out 

and must be followed in every detail. 

(2) Carrier requests for en route inspectional services. All requests for en route inspection service 

must be submitted by the carrier or agent to the district director of the district where services are being 

requested (first port of arrival). Requests must be in writing; they must be prospective in nature; and they must 

specify the circumstances requiring an en route inspection. Under no circumstances may a request be initiated by 

a Service office. Each request must specify the detailed reasons why an en route inspection is being requested 

and contain sufficient details to enable the district director to determine if an en route inspection is the best and


most cost-effective inspectional procedure. 

(3) Criteria for providing en route inspectional services. In situation involving long cruises (defined 

as any cruise where one or more immigration inspectors perform official duties on board a cruise ship and 

away from their official duty station for more than 24 hours), district directors shall consider en route 

inspections on a case-by-case basis (each sailing of a cruise ship on a specific date). The use of a consolidated 

request is not appropriate in such cases. Consolidated requests are limited to one-day cruises and may be 

submitted monthly, to coincide with the calendar month. Such consolidated requests shall list the days of the 

month on which the cruise ship is scheduled to operate. 

The district director shall review the request and base his or her decision on one or more of three factors: 

- Availability of on-duty personnel 

- Availability of adequate dockside inspectional facilities 

- Minimization of overtime expenses 

En route inspections shall not be conducted if reasonable and cost effective alternatives exist for conducting the 

inspection dockside. Scheduling of immigration inspectors performing en route inspections shall be done in a 

manner which maximizes their use during duty hours. 

If, due to unique circumstances, a district director believes that an en route inspection is warranted 

notwithstanding the fact that it does not satisfy one of the requisite factors, he or she may seek an exception by 

submitting a written request to the appropriate regional office. Such request shall contain an in-depth 

justification which shall be considered and evaluated by the regional office. 

Delegation of authority for approval of en route inspections shall not be below the level of port director or 

assistant officer in charge. 

(4) Documentation of en route inspection. Approval of en route inspection requests must be 

documented. A separate Form I-856, the En Route Cruise Inspection Report, must be prepared for and completed 

by each officer conducting such inspection. The authorizing section of the form must be completed in advance 

and signed by the official who approves and authorizes the en route inspection. The remaining portions of the 

I-856 are to be completed by the inspecting officer. Each I-856 must be reviewed by the official who authorizes 

the inspection to ensure the inspection was conducted in a manner consistent with the managerial objectives 

discussed above. 

Officers conducting en route inspections are also required to have travel orders, using Form G-250. In item 5 of 

the G-250, indicate the minimum amount of time necessary to complete the en route inspection. In item 6, 

indicate: "en route inspection" followed by the name of the cruise ship, shipping line and ship's agent. In item 7, 

transportation, reflect the means of transportation most cost-effective for the government. This means that the 

transportation should provide the maximum number of working hours for assigned personnel to complete the 

inspection. Down time, overtime and actual transportation costs to the foreign port where the inspector boards 

the vessel should be minimized. Employees are prohibited from sailing out on assigned ships when less costly 

means of arriving at the foreign port are available. Also note item 7: "See item 12." In item 8, the itinerary shall 

clearly state the location in the U.S. from which travel begins, the means of transportation to be used for 

departure from the U.S. , the foreign port to which the employee is destined, the last foreign port from which the 

vessel will depart for the U.S. and the means of transportation to be used in returning to the U.S. (normally the 

assigned cruise ship). In item 12, include the following language: "All transportation, travel, lodging, meals and 

incidental expenses necessary for completion of this assignment are the responsibility of the cruise ship line 

and/or its designated agents." In item 13, indicate: "Appropriated funds not authorized." 

(5) Record keeping requirements. Documentation relating to approved en route inspections shall be 

maintained in a subject file at the district office. Documents within the file shall be maintained on a fiscal year 

basis and shall contain, at a minimum, all approved en route inspection requests, all Forms I-856 and all 

discrepancy memoranda. Such files shall be maintained for a five-year period and shall be readily available at 

any time during this period of audits which may be conducted. Travel authorizations (Forms G-250) for en 

route inspections shall be separately maintained in chronological order. The suffix "(E)" shall be included in the


authorization number, for example: "97-MIA-(E)-001." 

Unusual delays or other discrepancies in the performance of an en route inspection shall be documented in 

writing in memorandum form to the appropriate regional office. Any corrective actions proposed or taken by 

managerial personnel shall also be referenced by memorandum. 

(6) Commencement of en route inspection. Service officers are prohibited from commencement of the 

inspection until the vessel is actually en route, i.e., free from moorings and under its own power 

(7) Program monitoring. District directors shall institute local procedures for monitoring the conduct 

of en route inspections. Officers conducting such inspections shall be given periodic refresher training on the 

ethical standards which employees must uphold in the performance of their official duties. Instruction on the 

standard schedule of disciplinary offenses and penalties for employees shall be included in this refresher 

training. The importance of the role which local supervisors and managers play in the maintenance of ethical 

standards, bot their own and that of their subordinates, shall also be emphasized. Local procedures shall be 

established to closely monitor en route inspection activity. These procedures shall be designed to facilitate early 

detection of procedural improprieties and prohibited practices. Procedures used to achieve these goals include 

the initiation of locally designed monitoring activities and procedures as well as information-sharing liaison 

activities between Service officials and cruise ship line representatives. A positive public relations posture 

regarding these issues is a responsibility of all local supervisors and managers. 

First-line supervisors play a vital role in assuring that en route inspections are conducted in a cost effective 

manner. Information relating to assigned work schedules, actual hours worked, the numbers of passengers and 

crew inspected and the most cost efficient use of salary and overtime resources should be retained by each 

district and provided to Headquarters and regional officials upon request. This information should also be 

considered when making en route assignments and monitoring such activities. 

Inquiries shall be conducted in all instances in which management personnel become aware of noncompliance 

with en route inspection policies and procedures. Such inquiries shall be conducted by one or more management 

officials who are at least one managerial level above the managerial official who authorized the inspection. 

Written inquiry results shall be forwarded, through channels, to the district director. In situations where such 

inquiry reveals that Service policy has been violated, district directors shall institute appropriate corrective 

action, including disciplinary action, if warranted. 

Regional offices shall promptly be notified of all instances of noncompliance. These offices shall also be 

apprised of corrective or disciplinary actions proposed or taken with respect to such incidents. Unusual 

circumstances affecting the conduct of en route inspections, such as those which would attract media attention or 

congressional interest should be reported promptly. 

(8) Presence of family members on en route inspections. It is prohibited, pursuant to 18 U.S.C. 

201(c)(1)(B), for accompanying family member or friends of INS officers conducting en route inspections to 

travel with the employee either for free or at a substantially discounted fare not available to the general public. 

Such fares constitute benefits of value, which would not be received, were it not for the position and authority of 

the officer to inspect passengers and crew. Further, 5 CFR 2635.202(a)(2) states that employees shall not, directly 

or indirectly, solicit or accept a gift because of the employees official position. Also, 5 CFR 2635.502(a) prohibits 

employees of the federal government from participating in a matter which would cause a reasonable person to 

question such employees' impartiality. 

23.2 Exceptions to Inspection Requirements. 

(a) General. Statute requires the inspection of every arriving passenger and crewmember upon arrival in the 

United States. See section 235 of the Act and 8 CFR 235.1. Service policy interpretation provides some 

clarification regarding persons whose comings to the U.S. are not treated as "arrivals," thereby not requiring 

inspection. Service policy excludes the following from the ordinary inspectional procedures: 

(1) Any person, including an alien crewman, passing through the Panama Canal on board a vessel 

which enters and clears at the Canal port only to transit, refuel, or to land passengers or crewmen for medical 

treatment, shall not be regarded as coming from a foreign port solely by reason of such passage;


(2) Any person, including an alien crewman, on board a vessel which after arrival at a U.S. 

port-of-entry passes the Great Lakes seaway en route to another U.S. port and which enters and clears at points 

in Canada only to transit the seaway, to refuel, or to land passengers or crewmen for medical treatment, shall 

not be regarded as coming from a foreign port solely by reason of such passage; 

(3) Any person seeking to enter the U.S., including an alien crewman, on board a vessel en route from 

one U.S. port to another U.S. port shall not be regarded as coming from a foreign port solely by reason of the 

vessel's stop at Freeport, Bahamas, for bunkering only; 

(4) Any person, including an alien crewman on board a vessel en route to the U.S. solely for bunkering 

purposes or an aircraft en route to the U.S. solely for refueling purposes, who does not seek to enter the U.S., shall 

be regarded as not arriving for purposes of immigration; and, 

(5) Any crewmember previously inspected and permitted to land, continuing to serve as a crewmember 

on board a cruise vessel which has been inspected within the preceding 90 days and who has not spent an 

aggregate of more than 29 days in the U.S. since his or her last inspection, unless the master or agent requests 

such reinspection or unless, in the discretion of the district director, more frequent inspection is warranted. 

(b) Limited Inspection of Great Lakes Vessels. Inspection of certain vessels of U.S., British, or Canadian 

registry plying the Great Lakes is limited. Refer to 8 CFR 251.1 concerning manifest requirements and 8 CFR 

252.3 concerning inspectional requirements. 

23.3 Inspecting Cargo Vessels. 

Following are the general steps which you must take to complete inspection of a cargo vessel. 

(a) I-418 review. The master, agent, or other official will have prepared, in advance, Form I-418, Passenger 

List-Crew List, with the names and biographic data for each member of the crew. A separate I-418 is required 

for any passengers and stowaways. Immediately following the last name on the crew list, the master is required 

to make a notation on the crew list indicating whether or not members of the crew will be performing any 

longshore work and the exceptions under which any such longshore work will be performed [See 8 CFR 251.1 

for exceptions and proper notations.]. Often, the list will have a "D" visa stamped on it by an American 

Consulate, unless individual members of the crew have their own visas. Each crewmember's name should be 

checked in the Service Lookout Book. As each crewmember enters for inspection, enter the action taken during 

inspection: "ARC" or "R/P" for returning residents, "USC" for citizens, the appropriate visa symbol for each 

nonimmigrant ( D-1 or D-2), "Refused" for persons detained on board, or "Parole" for aliens paroled. Also 

indicate any "A" number obtained during inspection. 

(b) Visa and passport waivers. If a visa is required, and neither individual nor crew list visas are presented, 

consider eligibility for a visa waiver. See visa requirements in Chapter 15.3. Often, crew list visas cannot be 

obtained because the ship received orders to sail for the U.S. while at sea or because the ship sailed from a port 

where there was no U.S. consulate. If there is a valid reason for failing to obtain the necessary visa, execute a 

waiver on Form I-193, Application for Waiver of Visa and/or Passport, collecting one fee for the entire crew list 

[See procedures described in Chapter 17.5.]. If there is no valid reason for failure to obtain a visa, detain the 

crew, following procedures described in Chapter 23.7. No fine proceeding is appropriate in either instance. The 

Department of State does not need to be advised, either in advance or after the fact, concerning crew list visa or 

individual passport waivers for crewmembers, since a blanket concurrence agreement between INS and DOS 

already exists for this situation. 

(c) Inspection of admissible crewmembers. Each individual crewmember must appear for inspection, with 

every nonimmigrant presenting a passport or seaman's book, if required, and Form I-95, Crewman's Landing 

Permit or Form I-184, Crewman's Landing Permit and Identification Card (laminated card issued prior to 

1976) [See nonimmigrant passport requirements in Chapter 15.2.]. Once you are satisfied of the admissibility of 

a crewmember, line stamp (date, port, and inspector number) the reverse of a previously issued I-95 (make sure 

it is for the same vessel) , or execute the admission block on a new I-95, using a D-1 stamp and line stamp for 

each new crewmember or returning crewmember whose prior I-95 is damaged or has no endorsement space 

remaining on the reverse. If the crewmember has been granted a waiver of inadmissibility, note the grounds of 

inadmissibility in the admission block of the I-95. United States citizen merchant seamen will normally carry a


"Z-card" (Merchant Mariner's Document), an identity card issued by the Coast Guard, in lieu of a passport. A 

lawful permanent resident alien may also be issued a Z-card with his/her "A" number on the reverse of the card; 

however, a lawful permanent resident alien must also present a Form I-551 or reentry permit. Verify the 

continuing lawful resident status before admitting a returning resident. Return the I-184, Z-card, I-551 or 

endorsed I-95 as you inspect each crewmember, but retain the travel document of any D crewmember for the 

ship's master. Note the block on the I-418 indicating action taken, as described in paragraph (a) above. 

(d) Family members of crew included on crew list. You may encounter persons listed on the I-418, even a 

visaed I-418, who are not bona fide crewmembers. These are often spouses or children of ship's officers and may 

be listed as "supernumeraries," "stewardesses" or other such occupations, but are not essential to the operation of 

the ship. Unless such persons are regular, paid crewmembers they cannot be admitted as such, regardless of the 

fact that a consular official may have visaed a crew list including their names [See Matter of M/T Rajendra 

Prasad, 16 I&N Dec. 705 (BIA 1979).]. Such persons are to be separately manifested, inspected as passengers and 

admitted or paroled following the procedures for inspection of other vessel passengers and as described in 

Chapters 11 through 16. They may be granted a visa waiver on a discretionary basis if they do not hold a valid 

nonimmigrant visa or are improperly included on the crewlist visa. Inadmissible passengers are handled in 

accordance with procedures in Chapter 17. Consider section 273(b) fine proceedings, described in Chapter 43. 

(e) Passengers on cargo vessels. On occasion, you will encounter passengers on board a cargo vessel. Follow 

inspectional procedures for passengers on cruise vessels, described below in Chapter 23.4. Note that cargo 

vessels are generally not signatory to Visa Waiver Pilot Program contracts. Therefore, passengers, even those 

from VWPP countries, must possess a valid visa. 

(f) Receipt for crew list. Complete Form I-410, Receipt for Crew List, indicating any detained crewmembers 

and whether longshore work is authorized [See Chapter 23.11.). Advise the master of his obligation to notify 

the nearest INS office of proposed crew changes, desertions, illegal landings, or suspicious crew activities which 

may indicate a planned desertion. Provide a copy of the I-410 to the master or agent. Review the I-418 to insure 

that all crewmembers have been inspected and the manifest properly noted. Collect arrival Forms I-95, and other 

documents submitted with the manifest or prepared during your inspection. Return all crewmembers' travel 

documents to the master with the receipt. 

23.4 Inspecting Cruise Ships. 

(a) Crewmembers. Procedures for inspecting the crew of a cruise ship are essentially the same as those for cargo 

vessel crews, although the crews are considerably larger. Because of the frequency of admission and the size of 

the crews, Service policy provides for a relaxation of the ordinary inspection procedures for returning 

crewmembers on such vessels. See Chapter 23.2(a)(5), above. A separate manifest or addendum to the manifest 

will be provided by the master, containing the names of crew who must be inspected. Once crew inspection has 

been completed, issue Form I-410 in the same manner as for a cargo vessel. 

A member of the crew of a vessel may not be admitted in any other capacity, even if he or she holds another type 

of visa. However, a "deadhead" crewmember, one who is not listed in the ship's articles and did not perform 

duties as a member of the crew during the vessel's voyage to the U.S., may be inspected and admitted as a 

passenger. 

(b) Passenger Inspection. Except where an en route inspection has been arranged, passengers will be inspected 

after docking. Some port facilities have a passenger terminal, with inspection booths provided similar to those 

at airports. In either case, there are often a large number of passengers requiring inspection in a relatively short 

time span. The master or purser of the vessel will provide a manifest, usually on Form I-418, of all passengers. A 

lookout query is required of all passengers, either at the time of arrival or in advance, using APIS. To minimize 

inspection time, U.S. citizen passengers who departed on the same cruise vessel are not required to report for 

inspection, but should be briefly examined upon disembarkation. An oral declaration of citizenship is usually 

sufficient, unless further inquiry appears warranted. All other passengers must appear for inspection by an 

immigration officer, at an appropriate location on the ship provided by the master, with any required passport, 

visa, or Form I-94. As each passenger appears, note the manifest with the action taken, as described in Chapter 

23.3(a), executing Forms I-94 as necessary. Once all required passengers have appeared and been inspected, 

coordinate with Customs to authorize departure from the ship. Inadmissible passengers are processed as 

prescribed in Chapter 17. Prepare Form I-92, Aircraft/Vessel Report and bundle it with the I-94s collected


during the inspection. Forward these for data entry. Passenger lists on Form I-418 are no longer retained after 

inspection [See Chapter 22.7 for I-92/I-94 forwarding instructions.]. 

23.5 Payoff and Discharge of Crewmembers. 

(a) General. Crewmembers who are leaving a vessel to return home or to join another vessel may be permitted 

to land as D-2, if required information is available at the time of inspection, or they may be granted a change to 

D-2 status later, after being permitted to land as D-1. In the latter instance, ordinarily the ship's agent will bring 

the alien and required documentation to the INS office for processing. Local policies may restrict hours and 

other conditions for processing D-2 requests. Application is made in accordance with the requirements stated in 

8 CFR 252.1 and the instructions on Form I-408. When reviewing the documentation, ensure that the alien has a 

confirmed transportation ticket to leave the U.S. or a written notification of acceptance by the master of the vessel 

which he or she will join. Upon approval, endorse a new I-95 and collect the previously issued D-1 Form I-95 

(do not collect Form I-184). Return the first and third copies of the I-408 to the master or agent, one to be filed 

with the vessel's departure manifest, the other to be retained by the master or agent. Route the second copy to the 

port of arrival. If there is reason to believe that a crewmember will not comply with the terms for departure 

indicated in the D-2 request, deny the request and revoke the conditional landing permit, following the 

procedures described in Chapter 23.10. 

(b) Exception for Certain Crewmembers Rejoining a Vessel. Ordinarily, a D-1 crewmember serving on a 

vessel is expected to depart with the same vessel from each U.S. port, unless he or she obtains D-2 status. 

However, with permission from the ship's master, a crewmember can depart the ship and rejoin it at another U.S. 

port, without obtaining D-2 status, if neither the vessel nor the crewmember will depart the U.S. and the 

crewmember will rejoin the vessel within his or her initial period of D-1 permission to land. 

23.6 Refusals. 

A decision to refuse a crewmember is not reviewable; your decision as the inspecting officer is, for all practical 

purposes, final. Occasionally, the master or other ship's officer may advise you of crewmembers whom they 

suspect are likely to abscond. Consider this information carefully when making your decision whether to permit 

landing or to detain the crewmember. Although local policy in some offices is to detain "first-trippers," new 

crewmembers on cargo vessels, as high risk applicants, this is not Service policy. A decision to detain should be 

based on clear, articulable facts. If you refuse a landing permit for any reason, endorse the I-95 with the 

"Refused" stamp and the code "P" for invalid passport, "V" for invalid visa, "M" for malafide crewmember, or the 

appropriate subsection of section 212 of the Act for other inadmissible aliens. Return a copy to the master or 

agent. Enter the alien's name on Form I-410 and void the alien's I-184, unless the refusal is solely based on 

passport or visa validity. Note the action taken on the I-418. Prepare and serve the master or agent with Form 

I-259, Notice to Detain, Remove, or Present Aliens. Retain one copy of the I-259 to be included with the other 

paperwork for the vessel. Follow local procedures for notifying Enforcement (Investigations or Border Patrol, 

as appropriate) of the action taken. 

23.7 Deserters and Abscondees. 

Control of deserting crewmembers is generally an Enforcement function, but Inspectors should be familiar with 

procedures, assist when needed, and take appropriate action during the inspection process to reduce potential 

desertion opportunities. An "abscondee" is a crewmember who has been refused a landing permit and who 

departs the vessel without permission. A "deserter" is a crewmember who has been granted D-1 or D-2 status 

and who leaves the vessel with no intention of returning. Often, the Inspector is advised during the initial 

inspection of the vessel of the possibility that a particular crewmember may "jump ship." It is generally 

advisable to detain potential deserters on board the vessel and discuss security arrangements with the master or 

agent. If you are advised, after the fact, of a desertion (which the master or agent is required to do pursuant to 

section 251(b) of the Act), immediately report the matter to the appropriate local Enforcement personnel, collect 

the deserter's travel document and prepare Form I-409 if local procedures dictate. If possible, obtain a sworn 

statement containing the facts surrounding the incident from the master, for use when instituting section 254 fine 

proceedings. See details regarding sworn statements in Chapter 43. 

23.8 Stowaways.


(a) General. An alien stowaway is inadmissible to the U.S. and is not entitled to a hearing or review of an 

order to remove. [See section 235(a)(2) of the Act and 8 CFR 235.1(d)(4).] 

An alien stowaway may be ordered removed on the vessel or aircraft of arrival, or the master may request that 

the stowaway be removed from the vessel and repatriated by other means of transportation. Often, this is 

requested for reasons of great importance to the carrier, including, but not limited to: 

- The health of the stowaway; 

- Maintaining insurance coverage (often if several stowaways are on board, a vessel may exceed 

capacity and be considered by insurers to be unseaworthy, and so would lose insurance coverage); 

- Maintaining the safety and welfare of the crew (especially if the number of stowaways exceeds the 

number of crew); 

- Sanitary conditions cannot be maintained for the stowaway; 

- The vessel's departure is delayed for repairs or goes into drydock; 

- The stowaway is a minor or female; 

- The vessel is discharging cargo and going off charter and cannot obtain a new charter because the new 

charterer will not assume a vessel with stowaways aboard; 

- The vessel is of U.S. registry and is not departing the U.S.; 

- The vessel will not be returning in the near future to the port where the stowaway boarded the vessel. 

Removal of the stowaway by other means should be favorably considered when the removal may be 

accomplished expeditiously and the carrier has made, or will make, the necessary transportation arrangements, 

including obtaining any necessary travel documents. Although the statute places responsibility for obtaining 

travel documents with the carrier, when necessary, the Service may assist the carrier in obtaining travel 

documents. See 8 CFR 241.11. 

If the stowaway is to be removed on the vessel of arrival, detain him or her on board using Form I-259. Prepare 

an I-94, endorsed "Stowaway--refused, detained on board." 

If the stowaway cannot be removed immediately, any detention pending removal, other than that incidental to 

the actual removal, must be in Service custody, at the expense of the owner of the vessel or aircraft of arrival. If 

extended detention is required pending removal, be sure to ascertain that detention space is available before 

granting permission to remove by alternate means. Serve Form I-259 on the master or agent of the vessel or 

aircraft, and complete Form I-94 endorsed "Stowaway--refused, detained by INS pending removal". If the 

stowaway requests asylum, follow procedures described in Chapter 23.18 and 8 CFR 253.1. 

(b) Absconded stowaways. The master or agent is required to report the escape of a stowaway who is detained 

on board. In such situations, take a sworn statement as described in Chapter 43.3 and institute fine proceedings 

under section 243(c). 

23.9 Mustering. 

Service officers may re-board a vessel at any time after inspection to insure that detained crewmembers remain 

on board or that a vessel preparing to depart has all crewmembers present. This function is routinely performed 

by Enforcement personnel, but local policy may include the use of Inspections personnel for the activity. 

Ordinarily, departure mustering of crew is conducted only on vessels which have a history of immigration 

violations or where there are multiple detentions of crewmembers.


23.10 Revocation of Landing Permits. 

Although sometimes an Enforcement function, Inspectors should be familiar with the procedures for revocation 

of landing permits provided in 8 CFR 252.2 and perform or assist with this function, as necessary. Prepare and 

serve Form I-99 on the alien, collect the previously issued I-95, advise the master or agent of the action taken and 

advise him/her of his/her responsibility for detaining the revoked crewmember on the vessel. Revoke any valid 

I-184. Prepare and serve Form I-259 on the master or agent. The I-259 will normally require departure on the 

vessel of arrival, but circumstances may warrant departure by other means of transportation. Prepare Form 

I-213, Record of Deportable/Inadmissible Alien, and place the alien under docket control. If the violation was 

wilful, post a lookout notice, fingerprint the alien using three sets of criminal cards (FD-249). Forward the first 

set of fingerprints to the FBI Identification Division. Forward the second set of prints to the Forensic Document 

Laboratory in accordance with the procedures set forth in Chapter 18.9(c). Retain the third set of fingerprints 

and copies of all documents for inclusion with the other paperwork for the vessel. See Chapter 31 for lookout 

procedures. 

23.11 Performance of Longshore Work by Crewmembers. 

Section 258 of the Act, added in 1990, limited, but did not completely prohibit, longshore activities by 

crewmembers of vessels. These restrictions are specified in the Act and in 8 CFR 258. Obligations of the master 

or agent, including reporting requirements are detailed in 8 CFR 251.1. At the conclusion of the inspection, note 

on the Form I-410, Receipt for Crew List, whether or not nonimmigrant crewmen will perform longshore work 

in the United States, and if so: 

(a) under which exception in section 258 of the Act it will be performed (See 22 CFR 89 for countries eligible for 

reciprocity exception); and, 

(b) what type of documentation accompanied the manifest to support the exception invoked. 

Sign the I-418 and indicate the date of the inspection following the last entry on the form. 

23.12 Parole of Alien Crewmembers. 

(a) Initial Parole. Parole and revocation of parole of crewmembers are discussed in 8 CFR 253.1. Parole is 

generally appropriate for handling sick or injured crewmembers and shipwreck survivors, among others. 

Parole for a limited number of ship's personnel to conduct essential business is also appropriate in situations 

where a crew is detained on board due to lack of a visa. When a parole is granted for other than medical 

reasons or to conduct essential ship's business, prepare Form I-160, for inclusion with the manifest. Collect the 

parole fee provided in 8 CFR 103.7 for each paroled crewmember. Generally, requests for such paroles should be 

accompanied by documentation supporting the request. Prepare an I-94, endorsed as prescribed in Chapter 16, 

for each paroled crewmember. Prepare Form I-510, Guarantee of Payment, in duplicate, for crewmembers 

paroled for medical treatment. Give one copy of the I-510 to the master or agent, retain the other with the 

manifest and other documents collected during the inspection. Prepare an I-259, endorsed to require the alien's 

departure (if the alien is to depart within the period of parole) or presentation at an INS office (if the alien is 

likely to require reparole for additional time). Serve the I-259 on the master or agent. 

(b) Reparole. Parole of crewmembers is generally limited to less than 30 days. If additional time is needed, 

reparole in increments of 30 days is appropriate, upon presentation of documentation such as medical evidence. 

23.13 Vessels Remaining beyond 29 Days. 

The landing period for D-1 crewmembers is limited to 29 days, and cannot be extended. However, there will be 

instances where a vessel and its crew will remain in the U.S. for a longer period of time. In such instances, the 

master or agent will present an I-418 and the I-95s for each crewmember. Prepare Form I-253, Letter to Master 

or Agent of Vessel, in duplicate and endorse each Form I-95 with the voluntary departure period. Return the


original I-253 to the master or agent, along with the I-95 forms. Promptly route the I-418 and the duplicate I-253 

to the arrival port for attachment to the arrival manifest. No docket control is required, but include a count of 

such crewmembers on the G-23.18 and G-23.20. 

23.14 Ship Intelligence Cards. 

Service offices with seaport operations maintain Ship Intelligence Cards, Form I-419, for each vessel arriving at 

the port. Pertinent information, such as previous detentions, desertions, or stowaways is included on the cards. 

Consult the cards prior to boarding and add information to the cards when you complete inspection of the 

vessel. 

23.15 Departure Manifests. 

Arrival manifests (crew) are maintained at the port-of-entry for 6 months. If no departure manifest is received 

within 60-90 days of the vessel's arrival, contact the Service Inspections Unit at the last scheduled U.S. port (from 

the I-410) or the vessel's agent to determine the reasons. It is important that manifests be processed timely and 

accurately to avoid improper institution of fine proceedings when a carrier has complied with the requirements 

for submission. If you receive a departure manifest from an agent for a vessel which was not inspected at your 

port, immediately forward it to the Service office which conducted the inspection. Upon receipt of a departure 

manifest for a vessel which was inspected at your port, match it with the arrival manifest to insure 

accountability for all crewmembers. After 6 months, forward the manifests to the Nebraska Service Center at the 

following address: 

Nebraska Service Center 

P.O. Box 87418 

Lincoln, NE 68501-7418 

Forms I-95 are sent to: 

INS--Document Handling Unit 

425 I St, NW, Room 5215 

Washington, DC 20536 

Prepare Form I-92 and bundle it with Forms I-94 and forward for data entry in the same manner as aircraft 

departure forms [See Chapter 22.7 for I-92/I-94 forwarding instructions.]. 

If there are missing or incomplete manifests or if there are crewmembers whose departure cannot be verified, 

consider institution of fine proceedings. 

23.16 United States-Based Fishing Vessels. 

Nonresident aliens may not be employed aboard any U.S.-based fishing vessel as "D" crewmembers. An alien 

seeking permission to land as a D crewmember should be detained on board, unless parole is warranted. In 

rare instances other nonimmigrant categories which include employment, such as H-1B, H-2B or L-1, may be 

possible. 

23.17 Vessels Serving on the Outer Continental Shelf (OCS). 

Crewmembers for vessels working on the Outer Continental Shelf commonly enter the U.S. as B-1 

nonimmigrants to join the vessel. The B-1 visas of such nonimmigrants will ordinarily contain the consular 

notation "OCS". Vessels coming from the OCS are not subject to immigration inspection unless they have landed 

in foreign territory since last arriving in the United States. Similarly, a departure solely to the OCS is not a 

departure from the U.S. for immigration purposes. This can cause technical problems for a vessel with a D-1 

crew which leaves a U.S. port, spends time on the OCS and returns to a U.S. port without touching foreign 

territory. Such a vessel would not be reinspected but frequently would require processing as described in 

Chapter 23.13, since its crew would almost certainly remain beyond the 29-day admission limit for alien crew.


The Service has held that the INA does not apply on the OCS, and the Department of Labor will not issue a labor 

certification for work on the OCS beyond the three-mile limit. Regulations for work on the OCS are 

administered by the Coast Guard. 

23.18 Asylum Claims by Vessel Crewmembers or Stowaways. 

If a crewmember or stowaway requests asylum, remove the alien from the vessel or aircraft and place him or her 

in INS custody. Provide an alien crewmember claiming asylum with the appropriate application forms. The 

crewmember has 10 days in which to file the application with the district director, during which time the 

Service will not remove the alien. If the crewmember files a timely asylum application, the district director will 

refer the alien to the immigration judge using Form I-863, Notice of Referral to Immigration Judge. In this case, 

the officer executing the I-863 will check Box #2 and the appropriate box indicating the status of the crewmember 

when he or she made the asylum claim. 

A stowaway who seeks asylum will be detained in Service custody and referred to an asylum officer for an 

interview to determine whether the stowaway has a credible fear of persecution under section 235(b)(1)(B). 

Although stowaways are not covered under the entire section 235(b)(1) of the Act (expedited removal 

provisions), if it is deemed necessary to take a sworn statement from the stowaway claiming asylum or a fear of 

persecution, Form I-867A & B may be used. Indicate at the top of the Form I-867A that this is a stowaway case, 

rather than a 235(b)(1) case. Arrange for detention of the stowaway and notify the appropriate asylum office 

that the stowaway requires a credible fear interview. If the asylum officer finds that the stowaway has a 

credible fear of persecution, he or she will refer the stowaway to the immigration judge using Form I-863, 

checking Box # 3 and the box indicating "Stowaway: credible fear determination attached". If the asylum officer 

determines that the stowaway does not have a credible fear of persecution, and the stowaway requests a review 

of that determination, the asylum officer will refer the stowaway to the immigration judge using Form I-863, 

checking Box #2. If an adverse determination is made on the asylum claim by the immigration judge, the alien 

will be returned to the custody of the carrier for removal. [8 CFR 241.11] 

Detention and parole policy regarding asylum applicants who are crew members or stowaways is discussed in 

8 CFR 208.5(b). While parole of a stowaway claiming asylum is within the discretion of the district director, it 

should not normally be considered until after the stowaway has been determined to have a credible fear of 

persecution, unless parole is required for a medical emergency or is necessary to further a legitimate law 

enforcement objective. 

23.19 Special Interest Vessels. 

Vessels registered to, owned or operated by, or chartered by non-entrant countries are not permitted to enter 

United States waters or ports. The current list of non-entrant countries includes: Cuba, Iran, Iraq, Libya, People's 

Republic of Korea (North Korea), Syria, and Sudan. There are no blanket restrictions placed on nationals of 

non-entrant countries arriving on free-flag vessels. Such crewmen may be issued a landing permit, in the 

discretion of the inspecting immigration officer, if in possession of a valid passport and visa, and if otherwise 

admissible.


APPENDICES 

Appendix 1-1 Matrix of Field Manual Contents 

SUBJECT REGULATION FIELD MANUALFORM ADMINISTRATIVE 

INSTRUCTION MANUAL 

Where to file Indicate in §103 Explain that the Advise, by none 

that the form office receiving an geographic area, 

instruction will tell application or where to mail or 

you where to file. petition should submit in person 

No reference in generally each type of 

other regulations.adjudicate it, even application or 

if misfiled. Discuss petition. 

determining when 

to accept and 

adjudicate and 

when to forward a 

case to another 

office. 

Adjudicative Indicate in §103 Provide policy none List specific 

jurisdiction that general guidance which jurisdictional 

order of jurisdictional allows boundaries of field 

processing boundaries are adjudication of offices, by county, 

cases established in out-of-jurisdiction where needed. 

specific regulations filings. Describe 

for each the criteria for 

application type. deciding whether 

to adjudicate or 

transfer a case. 

Establish 

standard expedite 

criteria and 

procedures. 

Filing fees In §103.7: PublishDiscuss Indicate that Describe fee 

fees, set criteria for deliberative prescribed fee must handling procedures 

fee waiver, specify process and be remitted. and types of 

form types where evidence for fee Publish a separate remittances. 

fee waiver can be waiver fee table for 

considered and adjudication. distribution. 

where they are Reference list of 

precluded. fees on the form, 

not the actual fee. 

General filing Define "initial Describe "common Plain language none 

requirements filing sense" use of listing of required 

requirements" in other available initial evidence. 

§103, explain sources such as Explain when 

binding nature ofprior service andsecondary evidence 

signature in lieu of other agency or affidavits may be 

oath. Explain records, in used. DO NOT 

primary and situations where include 

secondary certain initial documentary 

evidence and evidence is lacking. requireements for


affidavits. Explain Discuss need for "exceptional" cases; 

submission of complete refer back to the 

translations or translations and regulation. 

photocopies vs need for original 

original documents. 

documents. In the Discuss data entry 

specific regulation requirements for 

for each form type, CLAIMS, 

describe specific reference Records 

documentary Handbook for CIS 

requirements in requirements. 

detail, specify 

exceptional cases 

and special filing 

requirements for 

unusual case types. 

"Special" filing Define in detail in Describe each Refer filer to none 

requirements the appropriate exception and regulation or 

specific regulatory filing requirement separate 

section. for unusual or publication, if 

"special handling" applicable. 

cases. Describe 

national 

agreements with 

professional 

organizations such 

as sports leagues 

or unions. 

Receipt date Set out the fee, Describenone none 

signature, and mechanics of 

initial evidence noting receipt date 

requirement in on petition or 

§103. Distinguish application. 

receipt date from Explain service 

priority date. Nopolicy of 

reference on formchronological 

instruction or in processing and 

specific regulations. special handling 

exceptions 

Priority date Define current Discuss old case none none 

system in specific"grandfathered" 

regulation (IV priority date 

petition only). assignments. 

Describe any 

policy guidance or 

clarifications 

which may 

surface. 

RequestsDiscuss general Discuss none none 

for policy for alternatives to 

evidenceobtaining formal requests: 

additional phone calls, use of 

evidence in §103. other service 

records and files, 

available


publications, etc. 

Explain policy of 

minimization of 

requests for 

evidence and the 

need to insure that 

all initial evidence 

is requested the 

first time. 

DecisionDiscuss Discuss none none 

requirements for preparation and 

service, appeal disposition of 

rights, notice of formal decisions. 

intent, in §103. Explain CLAIMS 

Discuss petition actions. Explain 

validity and events policy 

which effect considerations in 

validity, either inadjudicating, 

103, where there is reference relevant 

general precedents by 

applicability or in topic. Discuss 

the specific section documentary 

where there is review, caution for 

applicability only altered and 

to a particular counterfeit 

case type. documents, 

requests for 

original documents 

in questionable 

cases. Explain 

procedures for 

altering petition 

validity. Explain 


serving decisions. 

Explain 


handling 

abandoned cases. 

Appeals AAO/BIA Describe ROP, none none 

appellate authority processing appeal 

in specific section. by field and AAO, 

AAO appellate CLAIMS updates, 

requirements in reconsideration in 

§103. General lieu of forwarding. 

statement about 

appealable 

non-BIA cases to 

AAO. 

Certifications Describe legal Describe process none none 

and Motions requirements in and deliberative 

§103. Reference considerations. 

§103 in specific 

regulatory sections 

where applicable.


Availability of Define in §103. Explain use and none Requirements for 

decisions; Refer to specific maintenance of public information 

binding nature policy materials public reading areas. 

of precedents and their bindingrooms. Describe 

and other nature on Service various 

policy materials employees. non-regulatory 

policy issuances 

(including the field 

manual itself) and 

their binding 

nature on 

employees. 

Distinguish from 

non-binding 

advisory letters 

and general 

correspondence. 

Representation Reference in §§ 103 Explain none none 

and 292 procedures for 

recognizing G-28, 

dealing with 

attorneys. Policy 

for attorney copies 

of decisions and 

requests for 

evidence. 

FOIA/PA References in §103 Explain 


handling within 

program areas. 

Explain handling 

of third party 

requests. 

Fingerprint Outside entity Explain Separate public use none 

and requirements in monitoring of flyers on ADIT 

photograpy §103, general outside entities. specifications and 

requirements reference to follow Outline specific designated entity 

form instructionsrequirements for program. Cross 

relative to collection and reference on 

submission. quality control ofspecific forms 

prints. 

Interviews Provide authority Explain when Indicate interview none 

in §103 to conduct interviews are may be required, if 

or waive for any useful and when applicable. 

type of application they are not. 

or petition. Detail the process 

for scheduling, 

techniques for 

interviewing, 

taking sworn 

statements, and 

videotaping. 

Describe specific 

policies such as


Stokes. 

Documentary List specific Describenone Listing of ports of 

requirements requirements for procedures for the entry by class. 

for inspection; each category of conduct of air, Listing of 

inspection applicant in land, and seaportjurisdictiona l 

procedures specific section, inspection. boundaries of field 

such as §§ 211 or Describeoffices by state or 

214. Describe procedures for county. 

requirements for handling arrival 

carriers presenting and departure 

passengers for manifests. 

inspection Procedures for 

(manifests, etc.). deferred 

Provide for inspection. Table 

deferredof deferral 

inspection, addresses and 

exclusion, restrictions for 

detention, etc. each office. 

PhysicalSpecify Describenone none 

and mental requirements in procedures for 

examination §234. handling cases, 

of referrals to 

passengers USPHS. 

Transportation DescribeDescribenone none 

agreements requirements for procedure for 

carriers seeking handling requests. 

each type of Maintain listing of 

agreement in §§ 217, carriers in 

238, etc. Indicate Appendix. 

that a current 

listing of 

contracted carriers 

is available upon 

request. 

Conduct and Authority of Procedure for none Firearms policy, 

authority; officers contained exercising deadly force policy. 

organizational in INA 287 and authority County-specific 

structure delegations to explained in jurisdictional tables. 

specific classes ofmanual. 

officers contained Standards of 

in §§ 103 and 287 of conduct, courtesy, 

the regulations. and 

Geographic professionalism 

jurisdictional discussed. 

boundaries are Program mission 

contained in §103. and customer 

General agency service standards 

organization explained. Proper 

structure and use of chain of 

delegations are command, 

also described in reporting incidents 

§103. and other 

procedural 

matters. 

Discussion of


various job 

categories within 

each program 

Bonds, fines General Policies and none Management of 

seizures, etc. requirements andprocedures for funds 

authority for processing and 

various bonds, managing bonds, 

fines, and damages criteria for 

contained in §§103, assessing and 

271 and other mitigating fines, 

specific sections. managing vehicle 

seizures.


Appendix 2-1 District/Sector Activity Report 

1. Who is conducting the activity? 

A. District/Sector ___________________ 

B. Office/Station ___________________ 

C. Number of INS officers involved _______ 

D. Other Federal Agencies Involved___________________________________________________ 

E. Officer in charge of activity (name, title, and 

phone)________________________________________ 

2. When will activity occur? From__/__/__ to __/__/__ 

3. Where will the activity occur (what cities and states)? 

_______________________________________________ 

4. Who are the targets of the activity? (Give names and locations) 

A. Industry(s)________________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

B. Agriculture________________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

C. Other____________________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

5. Who will provide press information (name, title, and phone)? 

__________________________,___________________________, __________________________, 

6. Briefly describe press plans. ________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

_________________________________________________________________ 

7. Briefly describe reasons for action (i.e. citizen complaints, other agency information, 

etc.).______________________________________________________________________________________ 

________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

8. Briefly describe operational plan. 

_________________________________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

_________________________________________________________________ 

9. Briefly describe expected results including estimated number of arrests. 

__________________________________________________________________________________________


________________________________________ 

__________________________________________________________________________________________ 

________________________________________ 

10. Additional comments. ____________________________________________ 

__________________________________________________________________________________________ 

________________________________________


ppendix 3-1 Sample Position Description: Immigration Inspector 

I. Introduction: 

Position is located at ___________. As an immigration inspector, the incumbent performs one or more of the 

following duties in support of certain federal laws. In addition, arrests and detains criminal aliens for other 

law enforcement agencies pursuant to warrants of arrest. 

II. Major Duties and Responsibilities: 

1. Conducts inspection of all classes of applicants for admission to the United States. performs initial inspection 

with the aim of quickly determining, by questioning and observing the individual and by reviewing his or her 

identifying papers, whether an applicant may be admitted without further formality or whether there are 

questions or indications of problems that require more detailed examination and require referral to other 

inspectors who perform a more detailed inspection. As necessary, based on referral from a primary inspector, 

makes a secondary (more detailed) inspection of applicants who require more intensive questioning concerning 

citizenship, admissibility, purpose of travel, entry documents and other information. Carries the inspection 

process in questionable cases to conclusion. Requests and collects maintenance of status and departure bonds. 

Refers applicants for exclusion hearings. Initiates procedures to fine commercial carriers for transporting 

documentarily deficient aliens into the United States. Initiates administrative and criminal proceedings under 

appropriate sections of U.S. law, including section 274 of the Immigration and Nationality Act. 

2. Adjudicates a wide variety of applications for various immigration privileges and benefits that are processed 

at the ports-of-entry. Works on applications involving novel and complex application of law and regulation; 

completes the more complex cases assigned before review by supervisory officers, senior inspectors or 

immigration inspectors (special operations). Interviews individuals as necessary for confirming information 

found in applications. 

3. Interprets and/or furnishes guidance and advice regarding I&N laws, regulations, and other service policy to 

inspector trainees, seasonal and/or part-time inspectors, and officers of other federal inspectional agencies who 

perform immigration inspection functions. 

4. Gathers, makes use of, and disseminates intelligence information to other law enforcement officers or refers 

the information to the immigration inspector (intelligence) or the immigration inspector (special operations) if 

either officer is stationed at the port. Serves as the Service representative in a liaison capacity with local 

officials in seeking their cooperation, when necessary or desirable, to further the proper administration of the 

immigration laws. Detains and refers to the appropriate agency any person who is the subject of a local, state or 

federal arrest warrant or who, from the information gathered, may be subject to arrest by local, state, or federal 

authorities. 

5. Conducts, for the U.S. Customs Service, the inspection and examination of arriving persons, baggage, 

merchandise, and other items and, where there is vehicular traffic, the conveyances in which any or all of these 

are being transported to the United States. This includes determining the dutiability of merchandise and 

verifying the merchandise in a carrier's possession against invoices, bills of lading, or other documents. 

Conducts inspection for the Public Health Service and the Plant Quarantine Division of the Department of 

Agriculture. Admits eligible persons, merchandise, etc. not requiring additional processing, but refers cases 

which present unusual problems or require additional processing to an officer of the appropriate agency for 

disposition. 

6. Performs other work as needed or assigned such as custodial duties concerning detained aliens, furnishes 

guidance, advice and forms to the public, assists individuals in completing forms, administers oaths, collects 

fees, etc. 

7. Responsible for the proper use of firearms and physical arrest techniques. Continues to meet the qualification 

standards for the use of firearms.


III. Factor Level Descriptions: 

1. Knowledge required by position: 

- Thorough and full technical knowledge and understanding of current immigration and nationality 

laws, regulations, precedent decisions, policies, and procedures applicable to the inspection and examination 

functions, including procedures for referring applicant for exclusion hearings, as necessary. 

- Knowledge and skill in interview techniques. Must use diplomacy, be tactful, resourceful, and discreet 

in dealing with and eliciting information from applicants and possess the ability to comprehend and correlate 

gathered facts. 

- Thorough knowledge of rules of evidence and administrative procedures in taking sworn statements. 

Knowledge of areas of law concerning search and, seizure, civil rights, arrest authority and the constitution. 

- Must possess keen insight into human behavior and make accurate discerning decisions based on 

examination of documents presented, responses to questions, appearance of applicants, their mannerisms, as 

well as their other actions and reactions. 

- Broad knowledge of all Service functions in order to recognize, develop, and refer for appropriate 

action, information of value to other operational areas. 

- Basic knowledge of current Customs and other federal inspection agency laws as they relate to 

assigned duties. 

2. Supervisory controls: 

Receives general supervision from assigned supervisor, who issues general oral and/or written 

instructions. Most duties are performed and decisions made independently. Supervisor is available for advice 

and assistance on matters not covered by established procedures. Work is reviewed on a spot check basis. 

3. Guidelines: 

Guidelines include the Immigration and Nationality Act and other related laws and regulations, field 

manuals, the Administrative Manual, judicial, and administrative precedent decisions, Service Lookout Book, 

various Service databases, and daily instructions. The inspector must exercise good judgment in applying laws, 

regulations and procedures to cases, most of which are clearly covered by the guidelines and precedents. 

4. Complexity: 

Incumbent performs inspection duties in compliance with certain federal statutes, and in accordance 

with established policies and procedures. As necessary, incumbent conducts intensive and detailed 

interrogations which are prompted by applicants for entry to the United States who are suspected of: (1) alien 

smuggling; (2) false claims to United States citizenship; (3) presenting fraudulently obtained documents of 

others; (4) presenting altered or counterfeit documents; (5) attempting to enter by scheme or devious means; (6) 

terrorist activity; (7) smuggling of illegal drugs and/or other contraband. Referrals for exclusion hearing must 

be accurate, concise, and firmly rooted in law. May be called upon to use proper and safe law enforcement 

techniques in the above cases, including arrest and detention of persons involved. Adjudicates a wide variety of 

applications and petitions for benefits under the Immigration and Nationality Act, including cases involving 

novel and complex application of law and regulation. 

5. Scope and effect: 

The purpose of the position is to properly categorize and admit United States citizens and entitled 

aliens into the United States. Prompt and efficient performance of duties facilitates legal entry, while denying 

entry to those not authorized to enter the United States under the exclusion laws (terrorists, narcotic traffickers, 

etc.).


6. Personal contacts: 

Contacts are with people seeking admittance into the United States (and at times, with their 

representatives), immediate co-workers, and as needed, with personnel from other agencies, foreign 

governments and members of the general public. 

7. Purpose of contacts: 

Purpose of contacts is to obtain information necessary to determine admissibility of people (or goods, 

where applicable) into the United States. 

8. Physical demands: 

Position requires moderate to arduous physical exertion involving long periods of standing, walking, 

the climbing of scaffolds and ladders, including "Jacobs" ladders, use of firearms, and exposure to inclement 

weather. Extended work hours (more than eight hours a day) are experienced. The lifting and carrying of 

materials (i.e. "boarding bag") is required to perform the duties of the position. May be required to use physical 

force to arrest and detain persons as deemed appropriate by Service regulations. Must be prepared to defend 

self and others against physical attack, resorting to the use of firearms if warranted by the circumstances 

(self-defense, defense of another officer, or an innocent third party). 

9. Work environment: 

Work may be performed at one or more of the following sites: border port-of-entry, seaport, airport or 

railway. Work is performed both indoors and outdoors. Incumbent may be exposed to inclement weather 

while working outdoors and shift work. 

IV. Other Significant Factors: 

Incumbent is required to carry a firearm and be proficient in the use thereof.


ppendix 3-2 Sample Position Description: Supervisory Immigration 

Inspector 


This position is located at _____________. The incumbent provides both technical and administrative 

supervision to various subordinates including: Senior Immigration Inspectors, GS-11; Immigration Inspectors 

(Special Operations) GS-11; and Immigration Inspectors, GS-5, 7 and 9). 


1. Plans work distribution, making assignments and designating posts of duty to meet expected workloads. 

Makes adjustments in assignments, as required, to meet fluctuations in workload and make the best possible use 

of abilities of personnel and to insure well-rounded training in all phases of work to be performed. Incumbent 

must work in close cooperation with other supervisory personnel to coordinate functions and make efficient use 

of available resources. 

2. Makes frequent inspections of operations to observe and evaluate the effectiveness of officers. Initiates 

changes in methods and procedures to effect more efficient operations. Takes corrective action when necessary 

to effect compliance with established policies and procedures. Determines need for and takes steps to provide 

training when deemed necessary to keep staff informed of current policies, procedures, and regulations. 

3. Establishes production standards and prepares performance ratings, performance evaluation reports, and 

appraisal reports. While the incumbent does not select his own staff, recommendations and evaluation reports 

form the basis for the decision at a higher level to promote, reassign, or dismiss personnel under the incumbent's 

supervision. Makes recommendations for changes in staffing requirements to meet workloads. 

4. Resolves complaints and grievances not requiring referral to higher authority and makes recommendations 

to the next higher organizational level regarding those complaints and grievances which must be referred. 

5. Makes decisions on and resolves problems involving complex phases of the law or unusual situations 

requiring the interpretation and application of Service policy. Where problems require a policy decision of a 

precedential nature or where they involve approval of actions which might establish a precedent, incumbent 

refers matters to superiors for prior approval. 

6. Maintains or directs maintenance of appropriate reports and production records. Oversees and insures that 

intelligence information developed in the course of normal operations is properly recorded and promptly 

refered to the appropriate office for action. 

7. Maintains liaison with representatives of other Government agencies, officials of transportation lines, local 

law enforcement officials and representatives of civic organizations, cooperating with them and obtaining their 

cooperation in the enforcement and administration of laws, rules, and regulations governing their area of 

operations. 

8. Supervises the adjudication of various types of applications and petitions which are processed on-site by 

immigration inspectors during periods of time when such officers are not performing other inspectional duties. 

Maintains control through frequent discussion of the effect of current judicial and administrative decisions, 

changes in laws, regulations, policies, and procedures. Insures decisions by immigration inspectors are based 

on valid premises and principles and are in accord with Service policy. 

9. Maintains and establishes operating procedures to best identify excludable aliens by insuring that officers 

under the incumbent's supervision are proficient in the use of available Service and non-Service computer data 

bases for the betterment of the enforcement posture of the Inspections program. 

10. Exercises supervision over the GS-11 senior immigration inspectors assigned to the port-of-entry. Conducts 

interim discussions with senior immigration inspectors during the course of investigations, prosecutions, and


vehicles seizures for the purpose of keeping informed on the progress of the case. Anticipates and resolves policy 

decisions; reviews reports for the purpose of evaluating thoroughness of planning and analysis, soundness of 

judgments exercised, and results achieved. 

11. Exercises supervision over the immigration inspectors (special operations)(IISO) assigned to the 

port-of-entry. The incumbent empowers the IISOs in the areas of development of intelligence data collection and 

dissemination and other special enforcement emphasis development. The incumbent insures that the IISOs serve 

as team leaders to lower graded officers, and insures that the IISOs engage in special projects which foster their 

further development and improve the effectiveness of the Inspections program locally, district-wide, or 

nationally. 

12. May or may not be required to be proficient in the Spanish language, dependent upon the needs of the 

particular port-of-entry at which he or she is assigned. 

13. Insures efficient and proper expenditure of overtime funds and general expense funds in compliance with 

Departmental and Service rules and regulations, including the Anti-Deficiency Act and Prompt Payment Act. 

Insures that sufficient funds are available to meet obligations, requisitions are complete and accurate, and 

receipt of services is correctly and properly documented. Incumbent insures all employees are below the 

individual overtime earnings cap set by law. 

14. Supervises the Free-Trade program. Control is maintained through frequent discussions with inspectors 

concerning relevant laws, regulations, and policies. 

15. Carries out Equal Employment Opportunity and Affirmative Action policies and program activities, 

communicating support of these policies to subordinates, and encouraging participation in EEO activities and 

training. Ensures equality in determining qualifications, selections, assignments, training, promotions, details, 

discipline, and awards for employees. Cooperates in the investigation of formal and informal discrimination 

complaints. Cooperates with and assists the EEO counselor in constructing a resolution to informal complaints. 

Cooperates and participates in the development of EEO and Affirmative Action planning and training efforts. 

III. Supervision and Guidance Received: 

The port director, assistant district director, or other superior official keeps the incumbent informed of all 

changes in policy, laws, regulations, or procedures. He/she defines the areas of authority delegated to the 

incumbent and advises the incumbent of his/her views and objectives as they relate to the operation of the office 

and affect the incumbent's liaison and representation responsibilities. The incumbent's staff is preselected and 

upper level managers make final decisions on resources available. Incumbent is responsible for the efficient and 

effective administration of the office and its resources, and has responsibility for the technical accuracy of the 

functions performed under his/her authority. 

Review is accomplished through occasional inspection of operations, results accomplished and evaluations of 

soundness of judgment exercised as reflected in recommendations made and actions taken, particularly in 

relation to emergent situations requiring on-the-spot policy decisions or referral to higher levels of management. 

IV. Other Relating Factors: 

Incumbent must be thoroughly versed in all laws, regulations, policies, and procedures governing Service 

operations in order to adequately represent the Service and efficiently administer the Service programs in 

his/her area of jurisdiction. He/she must be able to deal effectively with the public and make sound decisions in 

interpreting overall Service policy and in making decisions required to meet local conditions and circumstances.


Appendix 3-3 Sample Position Description: Port Director 


This position is located at ______________, within the __________ District. Under the general supervision of 

the district director (in some locations, the first-line supervisor may be the assistant district director for 

Examinations or assistant district director for Inspections) the incumbent is responsible for managing one or 

more inspectional facilities with responsibility for the immigration inspection and admission of persons seeking 

entry into the United States and seeking other benefits available under the Immigration and Nationality Act and 

related laws. The incumbent is assisted by several subordinate supervisory personnel. The ________ 

port-of-entry inspects approximately _________ applicants for admission annually and has a staff of ______ 

inspectors and other personnel. In addition to inspectional activities, the incumbent supervises significant 

Adjudications activity and (in some locations) various Investigations and Deportation functions, as well as a 

range of administrative support activities. 


1. Within the broad area of authority delegated to the incumbent by the district director, performs such duties 

ordinarily vested by law and regulation in the district director. 

2. Within the framework of Service policies, procedures, practices and work standards, the incumbent develops 

policies, procedures, and work methods required to meet local conditions and circumstances. Incumbent has 

overall responsibility for recruiting, work distribution, assignments, and rotation of personnel to make best use 

of their abilities while insuring well-rounded training. Incumbent approves or disapproves overtime duty 

assignments. 

3. Regularly consults with and advises superiors and other district officials concerning all matters within 

his/her area of responsibility or which cross organizational lines. Represents the district at regional and other 

Service conferences concerning port-of-entry operations and inspectional functions. 

4. Incumbent makes frequent inspections of operations to observe and evaluate effectiveness of officers; initiates 

changes in methods and procedures to achieve more efficient operations; takes corrective action when necessary 

to effect compliance with established policies and procedures; determines needs and takes steps to provide 

additional training; keeps staff informed of current policies, procedures, and regulations. 

5. Plans special programs, developing and placing into effect policies and procedures required to insure 

accomplishment of the desired objectives, based on an analysis of workload and local conditions, or at the 

direction of superiors. 

6. Resolves complaints and grievances not requiring referral to higher authority and makes recommendations 

as to solution of those referred to the next higher organizational level. Approves or disapproves leave. Initiates 

disciplinary actions. Prepares appraisal reports for officers or supervises their preparation by subordinate 

supervisors. 

7. Makes final decisions on and resolves problems involving complex areas of immigration law, or unusual 

situations requiring interpretation and application of Service policy. Where problems require policy decisions of 

precedential nature or might have a bearing on Service wide operations, they are referred to superiors for prior 

approval. 

8. Has overall operational responsibility for the training in the proper application of the immigration laws of 

excepted immigration officers engaged in inspectional activities at the port-of-entry. 

9. Prepares and maintains, or directs preparation and maintenance of all appropriate operational, 

administrative, and personnel reports, both special and routine, files, records and production reports. Oversees 

and insures that intelligence information developed in the course of normal operations is properly recorded and


promptly referred to the appropriate office for action. 

10. Maintains harmonious working relations with officials of foreign governments, Federal, state, and local 

governments including Congressional representatives, Central Intelligence Agency, Federal Bureau of 

Investigations, Drug Enforcement Agency, Customs, the US Attorney's Office and other agencies, as well as civic 

and social organizations, concerning matters related to Inspections and other port operations, and the resolution 

of mutual problems. 

11. Incumbent makes recommendations as to budgetary and staffing requirements for the office and is 

responsible for the administration of Service personnel policies. This include overseeing preparation of 

employee appraisal reports, conduct of on-the-job training, and selection or recommendation of candidates for 

formal training. 

12. Carries out Equal Employment Opportunity and Affirmative Action policies and program activities, 

communicating support of these policies to subordinates, and encouraging participation in EEO activities and 

training. Ensures equality in determining qualifications, selections, assignments, training, promotions, details, 

discipline, and awards for employees. Cooperates in the investigation of formal and informal discrimination 

complaints. Cooperates with and assists the EEO counselor in constructing a resolution to informal complaints. 

Cooperates and participates in the development of EEO and Affirmative Action planning and training efforts. 


The incumbent receives administrative and technical supervision from the district director and deputy district 

director (in some locations, the first-line supervisor may be that assistant district director for Examinations or 

assistant district director for Inspections). The incumbent has final responsibility for the technical accuracy of 

the functions performed under delegated authority. Review is accomplished through occasional spot inspections 

of operations conducted and results achieved. Superiors periodically evaluate the incumbent's soundness of 

judgment as reflected in recommendations made and actions taken, particularly in relation to emergent 

situations requiring on-the-spot policy decisions or referral to higher levels of management. 

IV. Other Relating Factors: 

Incumbent must be thoroughly versed in all laws, regulations, policies, and procedures governing Service 

operations in order to adequately represent the Service and efficiently administer the Service programs in 

his/her area of jurisdiction. He/she must be able to deal effectively with the public and make sound decisions in 

interpreting overall Service policy and in making decisions required to meet local conditions and circumstances.


ppendix 3-4 Sample Position Description: Assistant District Director for 

Inspections 

I. Introduction: This position is located at (LOS, MIA and NYC). The incumbent plans, organizes, and directs 

the primary and secondary inspection of all persons entering the United States within the district office's 

jurisdiction. 


1. Within the framework of the Service's operational and regional administrative policy and procedures, the 

incumbent interprets and directs the implementation of Inspections policies and procedures at the district's 

ports-of-entry; develops the district's Inspections policy and procedures to meet new and changing conditions; 

monitors compliance with Service policy and procedure at ports-of entry; recommends to the district director, 

regional, and Headquarters managers innovations or changes in policies or procedures. 

2. Briefs the district director, regional, and Headquarters Inspections officials on significant developments in 

the Inspections program. Evaluates proposed national policy and procedures from a district perspective. 

Advises regional and Headquarters officials of the implications of new policies and procedures. 

3. Represents the district's Inspections program. Coordinates, negotiates, and interprets the District's 

Inspections program with management officials and program managers in the district, Border Patrol sectors, 

region, and Headquarters; provides interpretations of Inspections policy and procedures to other Federal, state, 

and local agencies including: the Customs Service; US Attorney's office; Department of Agriculture; Drug 

Enforcement Agency; Bureau of Alcohol, Tobacco and Firearms; General Services Administration; 

Congressional, gubernatorial, and mayoral offices, and the embassies and consulates of foreign countries. 

4. Maintains the districts Inspections staff at peak efficiency. Working closely with subordinate port directors 

and other Inspections supervisory personnel, schedules, monitors, and administers basic, advanced and 

specialized Inspections training. Recruits a proficient, diversified work force in accordance with EEO 

objectives; oversees staffing levels, interviews and hires, or recommends hiring staff, especially supervisory staff; 

ensures position descriptions and performance work plans are up-to-date and accurate. Requests the allocation 

of additional or temporary positions to meet increases in port traffic; controls detailing of Inspections personnel 

to other programs, activities, or locations. 

5. Evaluates the performance of key district Inspections officials; recommends and secures recognition or 

awards for outstanding accomplishments. 

6. Formulates the district's response, in consultation with superiors, to grievances and complaints not resolved 

at the port level; manages responses to Congressional inquiries on Inspections issues; serves as Inspections' 

technical advisor on formal arbitration hearings. 

7. Makes long range plans for Inspections equipment, space, and services; executes and controls the district's 

Inspections budget; monitors repairs and purchases of equipment and supplies; serves as the district consultant 

on new Inspections facilities and renovations. 

8. Periodically checks the scheduling of overtime, directs changes where necessary. Visits ports to evaluate key 

inspections officers and port performance and efficiency; checks security; assesses personnel and equipment 

needs; inspects uniforms; reviews port accounting methods and statistics; resolves emergent problems; corrects 

deficiencies in operations; commends accomplishments. 

9. Serves as the public relations focus for the district's Inspections program; explains operations, procedures, 

and trends to external fact-finding groups. Promotes a positive image of the district's Inspections program. 

10. Ensures ports have a contingency plan for emergency evacuation, terrorist incidents, surges in traffic, etc. 

Manages politically sensitive Inspections events, newsworthy incidents, etc.


11. Performs other duties as assigned. 


Works under the general supervision of the district director and deputy district director. The incumbent works 

independently and within the guidelines of the Immigration and Nationality laws, regulations, Service policy, 

and precedent decisions. Performance is evaluated in terms of soundness of recommendations made and results 

achieved.


ppendix 3-5 Sample Position Description: Immigration Inspector 

(Special Operations) 


This position is located at a seaport, land border crossing or airport where the incumbent performs a wide 

range of complex advisory and coordinating duties, and other specialized assignments involving highly 

sensitive inspection, enforcement, and facilitation issues. This is the standard position description for the 

Immigration Inspector (Special Operations). The incumbent performs, for at least the majority of the time, in one 

or more of the major functional areas listed below. 


1. Special Emphasis Units. As a member of a special emphasis unit the incumbent collects raw and finished 

intelligence reports/data from the immigration inspectors, intelligence officers, and local sources. Reviews 

previous destinations of incoming vehicles, vessels, passengers, and pedestrians. Analyzes information and 

identifies passengers, pedestrians, commercial carriers, and vessels that require in-depth or special emphasis 

inspection actions because of high risk of narcotics, illegal migration, organized crime, smuggling activities, 

sale, use or production of fraudulent documents or other criminal activity. Develops profiles, patterns, and blitz 

targets to be used by other inspectors. Plans actions to be taken, coordinates activities with designated team 

members and appropriate agents outside the teams, and leads/oversees the intensive action operations, where 

appropriate. Monitors trends and forces (i.e. political, economic, social, and cultural) in foreign and domestic 

areas which may directly or indirectly foster/support illegal migration, terrorism, or drug trafficking, and/or 

any other related illegal activity which may be of interest to the port, the Service or the intelligence community. 

Maintains contact to keep abreast of current local, national, and international developments, resolves 

common/strategic problems, and provides for free flow of information on matters of intelligence interest; 

establishes effective/harmonious working relationships with counterparts. May perform these functions for 

more than one station, all of which may be remote from the unit's central duty station. Represents their area of 

responsibility on committees, at conferences and other meetings. Provides intelligence and other information to 

the local intelligence officer for possible use and incorporation into future intelligence endeavors. 

As a member of the Advance Passenger Information System (APIS) special emphasis unit, reviews flight and 

vessel manifests, schedules, and arrivals produced by APIS to identify and profile passengers for secondary 

inspection and to provide a track record/point of research to screen possible involvement of crewmembers and 

airline/ shipping company officials. Reviews and analyzes such areas as carrier compliance with boarding 

regulations, patterns of violations and problems with carriers in order to build an intelligence history of 

crewmembers, airlines, and officials. Analyzes information and identifies aircraft, vessels, and passengers that 

may require an in-depth or special emphasis inspection because of a high risk of narcotics, fraud and similar 

high-priority violations. Forwards information to inspectors on the scene. Incumbent uses available 

information systems (e.g. IBIS, NAILS, NCIC, TECS, NLETS, EPIC, OASIS), and other national and international 

law enforcement data bases, in the inspection and investigation of individuals applying for admission into the 

United States and performs a variety of intelligence gathering analyses of passengers to determine if they are 

admissible or excludable. Notifies the appropriate lead agency and foreign embassy/consular personnel of 

detained aliens. Reviews recommendations from inspectors, deportation officers, and special agents to enter 

data into various law enforcement data bases, ensuring that the case file supports the recommendation and 

authorizes or denies entry into the files. 

2. Team Leader. Serves as a team leader to a group of lower graded inspectors. Provides advice and guidance 

to lower graded inspectors in applying a wide variety of procedures and methods to widely diversified 

inspection activities, i.e., questions relating to interpretation of difficult and/or complex points of Immigration 

and Nationality Law, criminal or civil laws, and precedent decisions, and/or interrelationship of facts and 

evidence necessary to substantiate criminal or administrative procedures. Incumbent is recognized authority on 

the interpretation of immigration and nationality laws, regulations, and policy materials and is called upon to 

provide advice and assistance to other governmental entities including foreign, as well as assistance in 

non-governmental functions. Incumbent is recognized as an "expert" in the detection of fraudulent documents


and is often summoned by the courts, as well as other government agencies, including foreign, to identify 

fraudulent documents, e.g., visas, passports, marriage licenses, divorce papers, birth certificates, death 

certificates, adoption records, etc. Resolves difficulties which arise between inspectors and passengers/persons 

entering the country. Provides guidance and oversight if needed in the preparation of reports and documents 

pertaining to the apprehension, interrogation, exclusion, and/or detention of an alien; approves recommendation 

for final disposition of a case, in accordance with standard operating instructions, to the prosecuting officer for 

review and execution. Provides oversight and monitors inspection, enforcement, and facilitation activities in 

one or more stations, and performs a variety of administrative, advisory, and coordination tasks. Provides 

daily assignments to members of the assigned group, balances workload, identifies areas of special emphasis, 

and assures that work is completed in accordance with prescribed regulations. Approves actions involving 

sensitive and unique conditions, e.g., people or situations requiring special handling. Clsely monitors training 

needs of assigned officers according to type of work performed, cases encountered, and officer expertise. 

Assures required post-academy training is completed, coordinates training needs with training officer. Handles 

sensitive situations including difficult individuals, which may result in disputes or create chaos between 

passengers/aliens and individual inspectors. Performs necessary actions to avoid and/or alleviate altercations 

in the primary inspection area. 

3. Rover. In large airports, roves and mingles among passengers. At land border crossings, mingles among 

those awaiting entry prior to primary inspection to identify suspicious individuals who warrant secondary 

questioning. Those duties may be performed undercover. Incumbent is responsible for profiling and evaluating 

incoming traffic to identify potential and/or known violators/criminal activity. Develops necessary plan of 

action; carries out needed/proactive operations; writes reports; determines/recommends corrective action 

and/or legal penalties to be assessed. Maintains the security of the inspectional area by adhering to established 

guidelines, and recommending penalties and/or disciplinary action for violators. Ensures the integrity and 

sterility of the inspectional area and makes recommendations for improvement. Coordinates and participates in 

arriving aircraft and ship searches; makes recommendations regarding the assessment of penalties for 

violations. Handles sensitive situations, e.g., need-to-know travel of prominent individuals, foreign dignitaries, 

and identified politically sensitive travelers, to alleviate confusion or a situation which could cause 

embarrassment to the agency and consternation by the press; resolves difficulties which arise between inspectors 

and passengers or pedestrians entering through the port; provides guidance and assures that all procedures for 

inspection, examination, seizures, penalties, arrests, etc. are properly effected. In a secondary inspections area, 

observes that all legal requirements are satisfied, and coordinates actions with the inspectors, Customs 

personnel such as special agents, and with other Federal and non-federal agencies such as APHIS or local police. 

Resolves unusual problems and defuses tense situations. 

4. Special Studies Relating to Inspections Program. Plans and carries out assignments, projects, studies, or 

investigations to explore and resolve major problems in the Inspections Program's operations and enforcement 

activities and to develop new operational procedures/techniques which will result in more efficient and effective 

program operation. Specific projects may include reviewing inspection operations, developing and 

recommending improvements in processes, and designing more efficient ways to use personnel and facilities 

and presenting those recommendations to superiors. Also may include determining impacts on resources; 

developing local methods for implementation considering local conditions; and identifying trends or patterns in 

problems, determining if proper procedures were used and providing written guidance on proper techniques 

and methods to avoid such problems. May perform cost study/analysis to develop accurate cost per passenger 

processed, including overtime, specialized training, and/or unique resources needs, security, etc. 

5. Terrorism, Drug, Fraud Task Force. At ports-of-entry which do not have senior immigration inspectors, 

serves as a specialist regarding inspection, enforcement, and facilitation functions on the Inspections National 

Terrorism, Drug, and Fraud Task Force (TDF) to support special/particular law enforcement operations, e.g., 

organized crime, fraud/document fraud, smuggling of aliens or drugs. Serves as a team leader in secondary 

inspections and continues the questioning of subjects suspected by primary and secondary inspectors of being 

involved with the organized smuggling of aliens and/or drugs, terrorism, fraud, and/or organized crime. 

Responsible for the resolution of conflicting facts or evidence uncovered during the interrogation. Incumbent 

advises applicant as to the availability of administrative relief to overcome factors of exclusion and executes 

proper documentation; prepares and presents sworn statements in accordance with the rules of evidence and the 

Administrative Manual, and prepares documents to support excludability of aliens, Records of Deportable 

Alien, Orders to Show Cause, and/or Warrants of Arrest. Provides guidance as needed and if necessary 

oversees the preparation of reports and documents pertaining to the apprehension, interrogation, and exclusion, 

and/or detention of an alien; makes recommendation for final disposition; forwards the case, in accordance


with standard operating instructions, to the prosecuting officer for review and execution. Develops leads which 

often overlap organizational and geographic boundaries. In concert with US and foreign government officials, 

ensures resources and systems are set in place to deter/track the entry of terrorists and narcotics traffickers. 

6. Training Officer. Responsible for providing training to immigration inspector trainees, immigration officers 

(e.g. adjudicators and deportation officers) detailed to perform inspectional duties, and Customs inspector 

trainees and for providing refresher courses for journey level immigration inspectors. Instructs and conducts 

classes in field pertinent to immigration and nationality law, immigration inspection, examinations and 

adjudication, alien processing, naturalization, and fraudulent document detection. Prepares daily work or 

lesson plans for individual classroom sessions in conformance with general course outlines and established 

learning objectives. This includes responsibility for teaching methods, utilizing training aids, organizing and 

presenting course material, and providing appropriate supplemental material according to stages of progress 

and needs of students. Evaluates students' progress through established methods and techniques. Reviews 

trainees' progress and problems with supervisory immigration inspectors. Within established course objectives 

and guidelines, maintains and insures that specific course content is current, technically accurate, and consistent 

with established INS academic operational and administrative policies. Continually upgrades and updates 

course materials, especially on detection of fraudulent documents. Revises lesson plans and makes 

improvements in instructional material to insure achievement of course objectives. 

May be required to perform journey level inspectional duties as needed. Journeyman level inspectional duties 

will be performed less than the majority of the time. 


1. Knowledge required by position 

- An extensive knowledge and comprehensive understanding of the Service's and other agency laws, 

regulations, precedent decisions, pertinent injunctions, and consent decrees, pertaining to: 1) the admission or 

denial of admission of a wide variety of categories of applicants of admission to or exclusion from the U.S.; 2) 

the granting or denial of benefits available under the immigration and nationality laws; 3) the laws and 

decisions relating to search, seizure, arrest, and exclusion/refusal of admission. 

- Knowledge of a variety of sources of information such as automated data bases, intelligence sources, 

and others; and substantial experience in their use, particularly such automated data bases as: IBIS, NAILS, 

TECS, NCIC, NLETS, EPIC, OASIS, etc., to gather information required for intelligence, enforcement, and 

facilitation decisions. 

- Extensive knowledge of inspections regulations and procedures as well as demonstrated knowledge 

and competence in search, seizure, arrest, interrogation, proper law enforcement, and investigative techniques 

for obtaining information through: the application of rules of evidence, rules of criminal procedures, and the 

functional jurisdiction of Federal, state, and local agencies; observation, interrogation, and inspection of 

documents and search of records/systems; use of specialized covert operations and effective liaison with other 

government jurisdictions that have primary responsibility for particular kinds of cases; the gathering, analysis, 

and evaluation of data in a geographic or functional area in order to effectively target high risk passengers or 

pedestrians; and utilization of selective enforcement profiling. 

- Knowledge of jurisdictional entities among state, local, and Federal agencies and within the Service in 

order to accurately refer matters which extend beyond the purview of the Inspections Program. 

- extensive knowledge of political, social and economic factors, both domestic and international in 

scope, which may effect attempts to enter the country illegally. 

- Advanced knowledge of intelligence gathering techniques and skill in the development of confidential 

informants in order to coordinate and evaluate on a continuing basis, information derived from diverse sources. 

- Ability to identify and take appropriate action in sensitive situations which are significant in scope 

and impact on international relations (e.g. political asylum claims). 

- Ability to: elicit pertinent information and material facts to be included in sworn statements from


principals, aliens, and other sources through investigative techniques; prepare evidentiary documents in final 

form for presentation in administrative or criminal proceedings; and locate, identify and evaluate other 

evidence for successful presentation to the prosecuting officer. This requires comprehensive knowledge of trends, 

profiles, and methods of drug and alien smuggling, terrorism, document fraud and other sensitive national 

security issues. 

- Ability to identify and analyze a variety of counterfeit or fraudulent documents. Ability to provide 

accurate and credible testimony at criminal and administrative hearings regarding the validity of the document 

encountered or oral statements made during the inspection procedure. 

- Ability to deal tactfully with and gain cooperation of travelers, importers, trade and carrier 

representatives, and law enforcement personnel; used to resolve sensitive and often vitriolic contentions about 

fact or opinions related to enforcement or facilitation. 

- Ability to make accurate judgments and prompt decisions for enforcement and facilitation purposes. 

Ability to observe and detect unusual conditions or behavior indicating possible violations and take 

appropriate action to enforce immigration and other laws. 

- Ability to qualify with and maintain proficiency in the use of firearms to protect and defend his/her 

own life or that of others. 

2. Supervisory controls 

The immigration inspector (special operations) is under the general direction of a supervisory 

immigration inspector. The incumbent works with a high degree of independence in providing leadership and 

resolving problems in an assigned area of responsibility. Special assignments have objectives stated in general 

terms and usually are in the form of an identified problem, or an area for analysis or investigation. The 

incumbent organizes the approach, determines the extent of fact-finding and analysis, and adapts techniques 

and methods to the particular problem involved. Work is typically accepted as completed staff work. 

Recommendations of changes in procedures and practices are reviewed for effect on other operations, and 

administrative policy considerations (i.e. time, staff and costs). 

3. Guidelines 

Written guidelines include the Immigration and Nationality Act, regulations, INS Administrative 

Manual, Service Lookout Book, various policy memoranda, field manuals, systems user manuals, the United 

States Code, precedent decisions, and other judicial decisions. The incumbent exercises sound judgment in 

interpreting the law applying regulations and procedures to each individual case. Must develop novel 

approaches and techniques to cope effectively with new or unusual circumstances for which there are no written 

guidelines or procedures. 

Since guidelines are frequently stated in general terms, the incumbent is required to use seasoned 

judgment, based on extensive experience and broad knowledge, in the interpretation and application of these 

instructions to sensitive, complex situations; to answer complicated technical questions; and to develop and 

recommend new or modified procedures. It is often necessary to modify guidelines on an immediate bases, e.g., 

application of instructions and procedures to situations involving reentry, voluntary departure, smuggling, etc., 

for which the incumbent is held directly responsible. 

4. Complexity 

As the immigration inspector (special operations), the incumbent performs a wide range of advisory, 

coordinating, and special investigative duties involving complex and highly sensitive inspection and control 

issues. Oversees inspection, enforcement, and facilitation functions performed by lower graded inspectors, plans 

and does studies to explore and resolve major operations problems, and functions as an advisor on 

difficult/problem assignments. Reviews documents for authenticity and correctness, evaluates information for 

tone and intent, assesses the consequences of proposed actions and mitigating factors, and develops more 

detailed and explicit information. 

Assignments may typically involve applying precedent court decisions and procedures, conducting


interrogations of suspects, taking sworn testimony often in a foreign language, and developing, evaluating, and 

independently making determinations for immediate or deferred action as each situation indicates. Working 

under severe time constraints, determines factual elements from incomplete or conflicting data, determines 

factual elements from seemingly disparate facts which often lead to sophisticated domestic and/or 

international conspiracies or other unforseen results. 

In judgment situations, determine how far to go in sensitive or difficult situation, determine how 

important particular actions are and whether they are reasonable. Provides ways to facilitate processing while 

ensuring enforcement and inspectional requirements are met. Work performed at this level requires the 

incumbent to develop, evaluate, and control information from all levels of the socio-economic structure and 

requires broad flexibility and independence in making decisions concerning such things as interpreting a large 

volume of conflicting information, planning of the work, or refining the methods and specialized techniques to 

be used. 

5. Scope and effect 

The purpose of the position is to enforce the Immigration and Nationality Act and related statutes, i.e., 8 

U.S.C. 1154; 8 U.S.C. 1158; 8 U.S.C. 1182-1184, 8 U.S.C. 1187; 8 U.S.C. 1222; 8 U.S.C. 1225-1227; 8 U.S.C. 1281; 8 

U.S.C. 1282; 8 U.S.C. 1286; 8 U.S.C. 1287; 8 U.S.C. 1301; 8 U.S.C. 1321-1325; 8 U.S.C. 1327; 8 U.S.C. 1357; 8 U.S.C. 

1361; 8 U.S.C. 1401-1409; 8 U.S.C. 1431; and 8 U.S.C. 1432. Through the investigation and analysis of unusual 

conditions, problems, and questions, inspectors prevent unauthorized persons from entering the United States; 

deter the smuggling of aliens, promote crime detection and prevention within their assigned area; and effect the 

apprehension, prosecution, and expulsion of excludable aliens. 

Many of these excludable aliens are also violators of criminal statutes. Through the application of 

appropriate investigative techniques, the incumbent may provide the inspector with information concerning 

organized crime or international terrorist organizations. Effective performance of duties has considerable 

impact on reserving employment opportunities for United States citizens and legal resident aliens, and on the 

operation of other law enforcement agencies. 

The immigration inspector is not only charged with the responsibility for enforcing the administration 

of criminal laws of the United States, but is also responsible for providing immigration information to the 

general public, attorneys, Federal, state, and local law enforcement agencies, and foreign government officials, 

as well as the intelligence community. When performing adjudicative functions, the inspector must possess a 

wide and varied range of knowledge which is required when reviewing and making final determinations to 

grant or deny an applicant benefits sought under the Immigration and Nationality Act. 

6. Personal contacts 

Contacts are made independently with employees at various levels in Headquarters, regions, districts, 

sectors, and ports-of-entry; employees of other Federal, state, and local government agencies; diplomats, foreign 

government officials, members of Congress, and other United States Government officials; and 

proprietors/officials of aircraft, vessels, and other related concerns. 

Has contact with people asking admission into the United States, who frequently include inadmissible 

aliens, i.e., those with criminal backgrounds, smugglers, terrorists, and drug traffickers. Other contacts include 

attorneys, bond company officials, law enforcement officials, private citizens, confidential informants, and 

members of the media. 

7. Purpose of contacts 

Contacts are established for the purpose of determining admissibility to the Untied States, 

providing/exchanging information, intelligence gathering, as well as for liaison and training with other state, 

national and international law enforcement agencies. In addition, contacts are made for the purpose of 

establishing an applicant's eligibility for benefits under the Immigration and Nationality Act. 

Contacts are to elicit information in stressful or hostile situations; unearth irregular practices where 

efforts have been made to hide them; identify operational problems, work out solutions, negotiate important 

questions of compliance, enforcement, and smuggling practices with high level INS officials and other


knowledgeable staff members, agents of the airlines, transportation companies, and others, as well as the 

traveling public, and to testify in court 

. 

8. Physical demands 

The position may require considerable and strenuous physical exertion such as lifting heavy objects, 

crouching or crawling in hazardous/restricted areas, climbing on scaffolds and ladders to perform inspections 

of ships and/or aircraft, stopping and bending to inspect vehicles, and long periods of standing, walking, etc., 

and defending oneself or others against physical attack, using firearms only as a last resort. 

Positions require working long, irregular hours beyond a normal 40-hour workweek, which includes 

weekends, holidays, and nights. Incumbent will be required to maintain proficiency with firearms. Requires 

dealing with persons who are uncooperative, a threat to themselves and others. 

9. Work environment 

Works indoors in such places as offices and airport terminals, airplanes and ships; outdoors in all 

kinds of weather at such places as docks, on and around ships, airports and aircraft, bridges and tunnels, and 

trucks and other vehicles; all of which may require special safety precautions, e.g., caution on slippery, moving 

surfaces. The incumbent is exposed to inclement weather extremes and exhaust fumes from vehicles, trucks, and 

aircraft and in industrial areas, is subject to atmospheric contaminants which are hazardous to health. Is 

exposed to potentially dangerous situations involving physical attack, exposure to lethal weapons, and mob 

conditions.


Appendix 3-6 Sample Position Description: Carrier Consultant 

I. Introduction: The incumbent is an immigration inspector (carrier consultant) who, under the supervision of the 

Director, Carrier Consultant and Support Unit, Inspections Division, carries out temporary duty (TDY) 

assignments to locations overseas as representatives of Headquarters and the Service to advise international 

airline and shipping carriers. The incumbent develops standardized Service instructions and guidance for the 

presentation to and use by members of the transportation industry concerning a wide range of 

immigration-related issues (including the identification of fraudulent travel documents, immigrant and 

nonimmigrant requirements for travel to the United States, and fines and liquidated damages). The incumbent 

also acts as the Service's primary source of technical expertise on US entry and documentary requirements, 

providing guidance and assistance to field offices, the Department of State, and other US government and 

foreign government agencies. The work is not limited in geographic area, but covers Inspections program issues 

both within and outside the United States and has a significant effect Service and government-wide. 


1. Consults with and advises the director, Carrier Consultant and Support Unit, and the assistant commissioner, 

Office of Inspections, in devising overall policies, plans and procedures to be used as guidelines by Headquarters 

and field office personnel in carrying out the Inspections functions of the Service. (15%) 

2. Carries out TDY assignments to locations overseas as a representative of Headquarters and the Service to 

advise international airline and shipping carriers. Develops standardized Service instruction and guidance for 

presentation to and use by members of the transportation industry concerning a wide range of 

immigration-related issues (including the identification of fraudulent travel documents, immigrant and 

nonimmigrant requirements for travel to the United States, and fines and liquidated damages). Acts as the 

Service's primary source of technical expertise on U.S. entry and documentary requirements, providing guidance 

and assistance to field offices, the Department of State and other U.S. government and foreign government 

agencies. The work is not limited in geographic area, but covers Inspections program issues both within and 

outside the United States and has a significant effect Service and government-wide(20%) 

3. Based on personal assessments made during the TDY assignments, evaluates the effectiveness of current 

policies. Establishes, amends or otherwise controls Service programs, insuring Service-wide uniformity in the 

application of laws, regulations and policies relating to Inspections work. Reviews operational analyses, 

intelligence reports and field inspection reports in order to propose instructions and procedures regarding 

document training and carrier issues. (20%) 

4. Liaises with the corporate and operating component executives of major airlines and sea transportation 

companies in the normal process of advising and training transportation company employees on U.S. entry and 

documentary requirements, and document training issues. Routinely contacts senior personnel of national and 

international organizations, such as the Air Transport Association (ATA), and the International Air Transport 

Association (IATA). Conducts and addresses meetings, conferences and seminars related to U.S. Entry and 

documentary requirements and training. Establishes and maintains liaison with foreign government personnel 

at embassies and consulates in the United States, and with foreign immigration officials at the Headquarters 

level. (20%) 

5. Acts independently as the Service and Headquarters representative, consultant and advisor to members at all 

levels of the international airline and shipping industries in matters concerning a wide range of immigration 

related issues such as: the identification of fraudulent travel documents, immigrant and nonimmigrant 

requirements for travel to the United States, and fines and liquidated damages provided for under the 

Immigration and Nationality Act. Serves as the Inspections program expert on issues relating to documentary 

requirements for admission to the United States relating to the airline and shipping industry, specifically, 

insuring the proper and consistent application of all applicable laws, regulations, guidelines, etc., and provides 

clear guidance to INS operational staff (both at Headquarters and in field offices) and the transportation 

industry. (15%)



1. Knowledge required by position: 

- Extensive knowledge and comprehensive understanding of: the Service's and other agency laws, 

regulations, precedent decisions, policies and procedures applicable to the admission and exclusion of 

individuals desiring to enter the United States; the identification of fraudulent travel documents, immigrant and 

nonimmigrant requirements for travel to the United States, and fines and liquidated damages provided for 

under the Immigration and Nationality Act. 

- Extensive knowledge and skill in designing, developing and delivering instructional programs and 

guidance. Must identify end users (commercial airline or shipping carrier personnel) needs and specifically 

address these needs with effective instructional and guidance programs. Extensive knowledge and skill in 

establishing and maintaining liaison. 

- Extensive knowledge and skill in the collection and analysis of information. Knowledge of, experience 

in, and total familiarity with a variety of sources of information such as automated data bases (Interagency 

Border Inspections System- IBIS, National Crime Information System-NCIC, etc.) And numerous intelligence 

sources. 

- Comprehensive knowledge of trends, profiles and methods of drug and alien smuggling, terrorism, 

document fraud and other sensitive national security issues. Extensive knowledge of political, social and 

economic factors, both domestic and international in scope, which may affect attempts to enter the United States 

illegally. 

- The position also requires training skills, good interpersonal skills and the ability to interact with 

individuals in varying and unfamiliar environments and stressful situations. 

2. Supervisory Controls: 

- The incumbent is under the supervision of the director, Carrier Consultant and Support Unit, Office of 

Inspections, Washington, DC. The incumbent works independently in planning and executing Inspections 

programs to accomplish broadly defined Service objectives. 

- The incumbent carries through normal program work on his own initiative with the supervisor 

available for guidance. Completed work is evaluated in light of results achieved, initiative displayed and 

judgment exercised, rather than by direct review. 


- Written guidelines include: the Immigration and Nationality Act; the Code of Federal Regulations; the 

Administrative Manual, various field manuals; judicial and administrative decisions; and other policy 

memoranda. The incumbent uses sound judgment, based on extensive experience and knowledge, in interpreting 

and applying laws, regulations and procedures to sensitive, complex situations. The incumbent works with 

limited oversight, both in the United States and overseas, and uses independent judgment to recommend and 

revise guidelines for the program. 


- The incumbent carries out TDY assignments to locations overseas as the representative of 

Headquarters and the Service to advise international airline and shipping carrriers. The incumbent develops the 

standardized Service instruction and guidance for the presentation to and use by members of hte transportation 

industry concerning a wide range of immigration-related issues (including the identification of fraudulent 

travel documents, immigrant and nonimmigrant requirements for travel to the United States, and fines and 

liquidated damages. 

- The incumbent acts as the Service's primary source of technical expertise on U.S. entry and 

documentary requirements, providing guidance and assistance to field offices, the Department of State and other 

U.S. government and foreign government agencies. The work is not limited in geographic area, but covers


Inspections program issues both within and outside the United States and has a significant effect Service and 

government-wide. 

5. Scope and Effect: 

- The incumbent is the Inspections program expert on issues relating to documentary requirements for 

admission to the United States relating to hte airline and shipping industry, insuring the proper and consistent 

application of all applicable laws, regulations, guidelines, etc. The incumbent insures that all written materials 

such as NAILS handbooks, carrier training guides, inspectional aids, document reference material, etc. provide 

clear guidance to INS operatonal staff (both in Headquarters and in field offices) and the transportation 

industry. 

6. Personal Contacts: 

- The incumbent maintains contact with the corporate and operating component executives of major 

airlines and sea transportation companies. The incumbent routinely contacts training program managers of 

national and international organizations such as ATA and IATA. The incumbent addresses meetings, 

conferences and seminars realted to U.S. entry and documentary requirements and training, and assists airline 

personnel in the United States and overseas. 

- The incumbent maintains liaison with the Department of State, Customs Service, Department of 

Transportation aand other Federal Government agencies at the Headqaurters level. The incumbent also 

maintians liaison with foreign government personnel at embassies and consulates in the United States, and with 

foreign immigration officials. 

7. Purpose of Contacts: 

- The contacts are mainained so the incumbent can accomplish the goals of the Inspections Program and 

enforce the appropriate sections of the Immigration and Nationality Act. These contacts enable the normal 

process of advising and training transportation company employees on U.S. entry and documentary 

requirements and document training issues to ensure carrier compliance with statute and regulation. 

- This requries extensive kowledge and comprehensive understnading of: the Sevice's and other agency 

laws, regulations, precedent decisions, policies and procedures applicable to the admission and exclusion of 

individuals desiring to enter the United States; the identification of fraudulent travel documents, immigrant and 

nonimmigrant requirements for travel to the United States, and fines and liquidated damages provided for 

under the Immigration and Nationality Act. 

8. Physical Demands: 

- The position requires light to moderate physical exertion involving long periods of stnading and 

walking. Extended work hours, travel, the need to adjust to various time zones, and the lifting and carrying of 

training materials and equipment may be required. 

9. Work Environment: 

- Work is performed in the Headquarters office and at selected domestic and overseas locations, such as 

airports. Work is primarily performed indoors. The incumbent may be exposed to a variety of work settigns 

due to overseas assignments. Assignments may take the incumbent to areas involving extreme climates and 

hazardous health conditions. As a U.S. Government representative, the incumbent may be at risk in certain 

overseas locations. 

IV. Other Factors: 

The position requires experience as an immigration inspector, access to classified materials, and involves 

extensive domestic and overseas travel.


ppendix 3-7 Sample Position Description: Senior Immigration 

Inspector 

I. Introduction: This position is located at a high risk port-of-entry, where the incumbent serves as the senior 

immigration inspector responsible for the enforcement of the Immigration and Nationality Act and other 

criminal statutes by identifying, investigating, apprehending, and prosecuting persons who are attempting 

illegal entry into the United States. The incumbent gives directions and guidance to other employees when they 

are assigned to this activity. 


1. At the port-of-entry the incumbent continues the questioning of individuals suspected by primary and 

secondary officers of being involved with organized smuggling of aliens, terrorism, drug smuggling, and 

document fraud. The incumbent interrogates these persons in situations where further useful information could 

be extracted, such as: vendor source, route, smugglers names, etc. The incumbent conducts investigations of these 

cases and, in appropriate situations, presents the facts to the U.S. Attorney for determination of cases for 

criminal prosecution in the federal courts. These investigations include reviewing evidence and documentation, 

preparing criminal complaints, arranging for forensic examination, requesting records and certification from 

other agencies and taking testimony from defendants and witnesses. (Combined with 2, 60%) 

2. The incumbent presents all evidence to the representative of the U.S. Attorney's Office. Represents the Service 

at judicial hearings for criminal prosecution in Federal grand jury indictments, bond determination hearings, 

pre-trial hearings, trials and sentencing. Makes recommendations to the U.S. magistrate for bond determination 

hearings and to Federal probation officers as part of the pre-sentencing report. (Combined with 1, 60%) 

3. The incumbent reviews and recommends local policy and procedures needed to collect and disseminate 

effective intelligence data and information. Makes recommendations to the port director regarding changes to 

policies and procedures. Reviews local records of attempted illegal entries and organizes information into 

various reports, charts and displays. Establishes and maintains liaison with appropriate officials in foreign 

government agencies, Department of State, Customs and other U.S. Government agencies, as well as other INS 

officials for the purpose of exchanging information and developing avenues for obtaining law enforcement 

assistance from these agencies in the future. (10%) 

4. Develops and conduct training for all officers at the port-of-entry in terrorism, drug smuggling, and 

document fraud. Ensures that training is provided for all temporary employees. Oversees post-academy 

training courses for permanent employees, administers testing required under the program and provides other 

related training during the probationary year. Closely monitors training needs of the employees according to 

the type of work performed, cases encountered and officer expertise. Develops courses/classes to answer those 

needs, using the resources available. (10%) 

5. Responsible for reviewing all motor vehicle seizure documents to the port-of-entry to determine if the 

conveyance is subject to seizure for a violation of 8 U.S.C. 1324(b) an din accordance with Service guidelines. 

Conducts interviews with registered owners, attorneys and lien holders to clarify seizure and condemnation 

procedures, to notify interested parties/ concerns that the vehicle has been seized, and to provide information on 

appeal rights and procedures. The purpose of the interviews is to obtain facts and evidence surrounding the 

violation. The information obtained during the interview is used in determining whether the condemnation 

procedures should be continued, and in determining if the individuals are illegal aliens or are involved in 

smuggling. Prepares reports and documents pertaining to the apprehension and interrogation of the alien, and 

final disposition of the case. The incumbent accepts claim and cost bonds which are forwarded to the U.S. 

Attorney for civil condemnation proceedings. Reports forfeited vehicles ready for sale to GSA, coordinates 

viewing of the vehicles by the public, releases the vehicle to the purchaser after sale, and maintains inventory of 

vehicles and property, including appraisal of value. Receives and accounts for monies received and maintains 

data and prepares reports regarding the vehicle seizure program. (15%) 

6. Performs other law enforcement, inspections, and investigative duties as assigned. (5%)



The incumbent works under the general supervision of the assistant port director or other port supervisory 

personnel, who relies on the incumbent to operate with a high degree of independence. Work is appraised by 

reviewing completed reports and presentations for adequacy, completeness, adherence to governing laws, 

regulations and policies, and overall accomplishment of objectives. Written guidelines include the Immigration 

and Nationality Act and regulations, INS Administrative Manual, Service Lookout Book, field manuals, 

precedent decisions, and other policy materials. The incumbent exercises sound judgment in interpreting the law 

and in enforcing it.


ppendix 3-8 Sample Position Description: Inspections Assistant 

I. Introduction: This position is in the Inspections Program, located at the ____________ port-of-entry. The 

incumbent works under the supervision of a supervisory immigration inspector and is responsible for 

performing a variety of administrative, technical, and clerical tasks in support of the Inspections program at 

ports-of-entry within the district. 


1. Completes operational and administrative duties, including but not limited to: filling out entry documents 

for aliens; assisting with immigrant visa processing (i.e., taking photographs and fingerprints for alien 

registration cards, separating medical forms and mailing them to the Public Health Service, logging visas and 

mailing them to the Immigration Card Facility); assisting with border crossing card application processing (i.e., 

setting up appointments, advising applicants of documentary requirements, reviewing applications for 

completeness, filing adjudicated applications, logging cards received from the Immigration Card Facility, and 

distributing cards to applicants); giving or mailing forms to applicants for admission after completion by an 

inspector; tracking applications and actions; and clerical preparation. 

2. Conducts searches on INS records, indices, and automated systems (i.e. Interagency Border Inspection System, 

National Automated Immigration Lookout System, etc.), and, as necessary, the indices of other Federal, state, 

and local law enforcement or civil agencies, in connection with the adjudication of INS applications for benefits 

or privileges relating to admissibility to the United States, or for records relating to particular persons 

identified as, or believed to be, aliens or violators of the immigration laws of the United States. Such 

information includes, but is not limited to, criminal records, entry records, and immigration status of applicants 

for admission. 

3. Collects fees for applications and services provided at the port. Examines cash, money orders, and checks for 

authenticity and negotiability based on available guidelines, taking appropriate action (i.e., notifying 

supervisor, calling the regional administrative center, etc.) on suspected counterfeit items. Insures amounts 

remitted are correct for applications, petitions, permits, or services presented or requested. Prepares and issues 

receipts. Verifies the accuracy of information on fee registers against actual fees received, reconciles shortages or 

overages, and balances total transactions. Safeguards cash and other negotiable. Prepares and forwards daily, 

weekly, and monthly reports to regional office and Headquarters. 

4. Assists the inspector or supervisor in the execution of functions, including collecting, compiling, and 

maintaining data on program activities. Assists is preparing a variety of correspondence, forms, charts, graphs, 

and statistical and narrative reports. 

5. Conducts research to provide information on routine inquiries from the public concerning basic immigration 

law and regulations. 

6. Answers telephonic and in-person inquiries for information and forms. Encounters individuals sent to 

secondary, performing as first point of contact, referring individuals to the proper location or person. 

7. Provides administrative support in the inventory and control of port-of-entry property, including but not 

limited to: vehicles, forms, case files, secure documents, firearms and ammunition, radios, audio-visual 

equipment, and office machines. Advises the port director, through supervisory channels, of the general 

condition of such property and the need for maintenance or repair, and, upon authorization, arranges for these 

actions. Collects and collates monthly inventory logs and usage reports relating to the port vehicles and 

equipment. 

8. Performs other duties as assigned. 

III. Factor Level Descriptions:


1. Knowledge required by the position: 

- Knowledge of the Immigration and Nationality Act as it relates to the instructions and requirements of 

the numerous forms used for immigration benefits and enforcement actions at ports-of-entry. Thorough 

knowledge of operational procedures such as immigrant visa processing, photo specifications and numbers, 

number of forms needed, required documentation, etc. This includes in-depth knowledge of general Service 

processing procedures (i.e., the mailing of certain applications and/or petitions to service centers, etc.). 

- Knowledge of Service and Departmental regulations and procedures associated with fees 

(accountability, collections, receipts, registers, etc.). 

- Knowledge of INS records, (A-files, etc.), indices, and automated systems, and the records, indices and 

automated systems of other Federal, state, and local law enforcement or civil agencies. 

- Knowledge of equipment of material resources (i.e., computers, vehicles, office equipment, firearms, 

uniforms, etc.) and applicable inventory procedures. 

- Knowledge of Performance Analysis System, the Service's workload reporting system. 

- Skill in the use of personal computers, including familiarity with the standard keyboard. 

- Skill in English grammar usage, spelling, punctuation, and report formats, so as to prepare draft 

responses to inquiries, complaints, and reports. 

- Skill in verbal and written communications, including excellent telephone protocol and techniques. 

- Skills in detecting counterfeit currency, determining negotiability of items presented, and explaining 

regulations and/or requirements regarding fees. These skills are used under circumstances involving language 

barriers and pressures from people who have been waiting for periods of time. 

2. Supervisory controls: 

Receives general supervision from a supervisory immigration inspector. Work is checked for overall 

accomplishment of objectives, completeness and adherence to governing laws, regulations, and policies. 

Completes recurring tasks and responsibilities by performing all necessary actions on own initiative. 


Guidelines include the Immigration and Nationality Act, regulations, field manuals, the 

Administrative Manual, precedent decisions, the Handbook for Accountability of Funds, operational manuals 

for various automated systems (IBIS, NAILS, etc.), and the ADIT processing manual. Incumbent uses own 

initiative to secure additional guidance and seeks assistance from supervisor only when necessary. 


Performs the full range of administrative, technical, and clerical duties in support of the Inspections 

Program, using judgment and initiative coupled with knowledge of responsibilities, priorities, and 

commitments of the program to decide the applicable alternatives for any given task. Recognizes a wide variety 

of documentation necessary for a properly submitted, complete application or petition. Searches records and 

automated systems as necessary. Cases can be complex (e.g., multiple aliases). Explains immigration law 

provisions, fee requirements, and procedures to applicants, attorneys, foreign officials, and Federal, state, and 

local law enforcement personnel. 

5. Scope and effect: 

Provides technical, administrative and clerical support for the Inspections Program. Ensures that work 

is accomplished in a timely and efficient manner in accordance with established guidelines, thus freeing 

inspectors to concentrate in officer-level primary and secondary inspection program responsibilities.


6. Personal contacts: 

Personal and telephone contacts are routine. Contacts include governmental, law enforcement and 

court officials at the Federal, state, and local levels, foreign authorities including consular officials, attorneys, 

representatives of educational institutions, and members of the general public. 

7. Purpose of contacts: 

Purpose of contacts is to dispense and solicit information, and conduct liaison to assist with work on 

applications and petitions, reports, correspondence, inventories searches, inquiries, complaints, fees, document 

generation (e.g., I-94s, INSPASS and EAD cards, etc.) and immigrant visa processing. 

8. Physical demands: 

Work is performed at one or more of the following sites: land, sea, or air ports-of-entry. While most 

work is performed indoors, outside work in varying weather conditions can occur. Periodic travel may be 

necessary, either local or long distance. Lifting of moderately heavy or bulky objects (e.g., personal computers, 

boxes, or forms) may be required. Shift work, including work on Saturdays, Sundays, and holidays may occur. 

Entering large amounts of data into computers is required. 

9. Work environment: 

Work is performed in an office setting at one or more of the following sites: land, sea, or air 

ports-of-entry. While most work is performed indoors, outside work in varying weather conditions can occur. 

IV. Other Important Factors: 

Incumbent must possess a valid state driver's license at time of appointment, and the ability to operate 

automobiles, vans, or light trucks. 

A specific language ability may be required, depending on the location of the position. 

Periodic travel may be required within the district. Travel may also be required to receive training.


ppendix 3-9 Sample Position Description: Free Trade Examiner 

I. Introduction: This position is located at ports-of-entry. Under the supervision of a supervisory immigration 

inspector or higher graded officer, the incumbent is primarily responsible for the examination of North 

American Free Trade Agreement applications for benefits and privileges. The incumbent also serves as an 

examiner for the port, handling a broad range of applications for immigration benefits, assigned and remoted 

from the district office or a service center. In addition, as time permits, the incumbent performs primary and 

secondary inspection of persons applying for admission into the United States and determines their 

admissibility under the Immigration and Nationality Act and related statutes. 


1. The incumbent examines applications and petitions for benefits under the provisions of the North American 

Free Trade Agreement (NAFTA). Examination of these applications requires an excellent knowledge of the 

United States immigration laws, regulations, and procedures. The examiner must use good judgment in 

applying laws, regulations, and procedures to cases not covered by the guidelines. Frequently, the incumbent 

must research administrative decisions to identify cases with similar circumstances. Because NAFTA contains 

a special "professional" classification, unique to entries under the agreement, the incumbent will decide many 

issues of first impression: i.e., where no precedents or case law exists. Examination involves review of 

applications, supporting documents (birth certificates, marriage certificates, court papers, degrees, diplomas, 

etc.), and official files. In-depth interviews and investigations are periodically required in order to verify 

information presented by applicants. Frequently, applications involve sensitive situations which could affect the 

relations between the United States and Canada or Mexico. 

2. Trains all personnel under port-of-entry jurisdiction in the provisions of NAFTA as they relate to the 

inspection of Canadian and Mexican business visitors and professionals. 

3. As time permits, incumbent assists in coordinating adjudications activities at the port-of-entry. The 

incumbent also examines applications for immigration privileges and benefits. Applications require intensive 

inquiry into facts, laws, and precedents and use of seasoned judgment to resolve complex and sensitive issues. 

Uses intensive knowledge of immigration laws and sound judgment in applying regulations and precedents to 

areas not clearly covered or cases presenting conflicting principles. Conclusions and decisions frequently have 

an important impact on the applicants involved. Decisions can often set precedents for immigration policy and 

administration. Some of the kinds of applications which regularly involve this degree of knowledge and 

judgment include: 

- Visa petitions for professional or skilled workers to reside and work in the United States. 

- Visa petitions to bring persons of distinguished merit and ability to the United States to work 

temporarily (e.g. accomplished performers, artists, actors, musicians, etc.). 

- Applications for permission to reapply for entry to the United States after deportation. 

4. As time permits, the incumbent inspects all classes of applicants for admission to the United States. The 

incumbent quickly determines whether applicants can be admitted without in-depth questioning based on brief 

questioning and observation of the applicants. When a detailed examination is required, the incumbent refers 

the subjects for secondary inspection. Incumbent also conducts secondary inspections of applicants on a periodic 

basis; this usually involves intensive questioning of the applicants and careful study of citizenship, travel and 

other documents. Incumbent conducts inspection at airports, seaports and land borders. Under authority of 

responsible agencies, conducts inspection of arriving persons for the Department of Agriculture and Customs 

Service; unusual cases are referred to the appropriate agency. 


The incumbent works under the general supervision of a supervisory immigration inspector or higher graded


officer who assigns priorities, projects and responsibilities. The incumbent independently plans and caries out 

the work, coordinates with others, determines the approach and methodology to be used, resolves problems and 

conflicts that occur, and keeps the supervisor informed of potentially controversial issues and precedent-setting 

situations. Review is made for adherence to policies and attainment of objectives.


ppendix 3-10 Sample Position Description: Assistant Chief 

Inspector 

I. Introduction: Under the general direction of the chief inspector or other supervisory official in a region or 

Headquarters, the incumbent assists in all phases of the Inspections Program management, either in providing 

technical guidance to field employees or in developing and implementing new program initiatives. 


1. Consults with and advises superiors in devising overall policies, plans and procedures to be used as 

guidelines by staff members at Headquarters, regional and field offices in carrying out the Inspections functions 

of the Service. Assists superiors with respect to all phases of work, including development of long range plans, 

goals and Service priorities. 

2. Analyzes proposed legislation to determine probable effect on inspection functions and programs and 

recommends whether the Service should support or oppose such legislation. Conducts special studies of newly 

enacted legislation pertaining to Inspections and in the absence of established precedents, recommends policy 

decisions which will interpret the intent of Congress. In this regard, the incumbent further proposes changes or 

additions to the Code of Federal Regulations, field manuals and other policy guidance for officers in the field. 

3. Establishes, amends or otherwise controls Service programs insuring Service wide uniformity in the 

application of laws, regulations and policies relating to inspectional work in general and to specific application 

of those guidelines in situations where they must be adapted to local conditions. Reviews operational analyses, 

intelligence reports and field inspection reports and on the basis of analysis thereon makes field trips and holds 

conferences with regional officials to discover where problems exist before proposing instructions and 

procedures for resolving them. 

4. Works closely with staff members of the Service organizational units in developing procedures, and assists in 

determining policy governing interrelated functions, 

5. Represents Department of Justice and Service on interagency committees in consideration of national policy or 

internal security problems related to the entry or exit of persons. In this connection, maintains close liaison with 

the Department of Justice, the Department of State and basic defense and other agencies. In such matters, must 

insure that Service policy is fully coordinated and presented to the other agencies involved. Must insure Service 

implementation of national policy and criteria approved by the National Security Council and initiate 

appropriate instructions to the field. 

6. Answers questions from field offices, other Headquarters organizational components, other federal, state and 

local officials, foreign officials, and the general public concerning the application of laws, regulations and 

policies relating to the Inspections program in general and to specific application of guidelines in situations 

where they must be adapted or interpreted for specific situations. 


Works under the general supervision of a chief immigration inspector or other supervisory official. Normally, 

daily assignments are carried out independently, with the supervisory official available for guidance. 

Performance is evaluated in relation to results achieved, initiative displayed and judgment exercised. 

IV. Other Related Factors. 

The incumbent must be able to make decisions based upon a thorough knowledge of the immigration laws, 

legislative history of laws, the intent of Congress and national policy. He/she must be able to interpret these 

laws for others through the preparation of regulations, policy guidance and interagency conferences. In 

addition to contacts with Service employees and officials at all levels, incumbent must maintain frequent contact 

and close liaison with officials of the Department of Justice, Department of State, Department of Treasury,


Department of Defense and other agencies concerned with the national security and other issues of mutual 

concern.


Appendix 14-1 Data Collection Manual Update 

Note: The Service publication I-551 or I-586 Card Data Collection Manual, Form M-226 (rev. October, 1987) 

remains the primary source of information concerning ADIT processing and all procedures relating to the 

Immigration Card Facility. The facility will be phased out and card production shifted to the Service Centers as 

new card technology is adopted. This appendix is intended as an interim update to the M-226, valid ICF 

procedures are completely transitioned to newer technology. 

The original manual is not reproduced within INSERTS, but may be obtained from the ICF or reproduced 

locally. 

The following materials are revised: 

1. In Section 5, Fingerprinting, the use of the "Perfect Print" fingerprinting process is preferred to Porelon 

pads or Printmaster equipment. 

2. The nationality code table on pages 7-21 to 7-31 is replaced by the nationality code tables contained in 

Appendix ?? of the Adjudications Field Manual. 

3. The immigrant/adjustment code table contained in Appendix 7-37 through 7-71 is replaced by 

Appendix 14-1 of the Inspections Field Manual.


ppendix 15-2 Validity of Certain Foreign Passports (Six-month list) 

Under the provisions of section 212(a)(7)(B)(i)(I)) of the Immigration and Nationality Act, a 

nonimmigrant alien who makes application for a visa or for admission into the United States is required to be in 

possession of a passport which is valid for a minimum period of six months from the date of expiration of the 

initial period of his admission into the United States or his contemplated initial period of stay authorizing him 

to return to the country from which he came or proceed to and enter some other country during such period. By 

reason of the foregoing requirement, certain foreign governments have entered into agreements with the 

Government of the United States whereby their passports are recognized as valid for the return of the bearer to 

the country of the foreign-issuing authority for a period of six months beyond the expiration date specified in the 

passport. These arrangements have the effect of extending the validity period of the foreign passport an 

additional six months notwithstanding the expiration date indicated in the passport. 

Algeria 

Antigua and Barbuda 

Argentina 

Australia 

Austria (Reisepass only) 

Bahamas, The 

Bangladesh (travel permits and passports) 

Belgium 

Bolivia 

Brazil 

Canada 

Chile 

Colombia 

Costa Rica 

Cuba 

Cyprus 

Denmark 

Dominica 

Dominican Republic 

Ecuador 

Egypt 

El Salvador 

Ethiopia 

Finland 

France 

Germany (FRG) (Reisepass and kinderausweis) 

Greece 

Grenada 

Guatemala 

Guinea 

Guyana 

Honduras 

Hong Kong (HKSAR and BN(O) documents only) 

Hungary 

Iceland 

India 

Iran 

Ireland 

Israel 

Italy 

Ivory Coast


Jamaica 

Japan 

Jordan 

Korea 

Kuwait 

Laos 

Lebanon 

Libya 

Liechtenstein 

Luxembourg 

Madagascar 

Malaysia 

Malta 

Mauritius 

Mexico 

Monaco 

Morocco 

Netherlands 

New Zealand 

Nicaragua (diplomatic and official passports only) 

Nigeria 

Norway 

Pakistan 

Panama 

Paraguay 

Peru 

Philippines 

Poland 

Portugal 

Qatar 

Saint Christopher and Nevis 

St. Lucia 

St. Vincent and the Grenadines 

Serbia-Montenegro 

Senegal 

Singapore 

Soviet Union (U.S.S.R.) (Seamen only) 

Spain 

Sri Lanka 

Sudan 

Sweden 

Switzerland 

Syria 

Thailand 

Togo 

Trinidad and Tobago 

Tunisia 

Turkey 

United Arab Emirates 

United Kingdom 

Uruguay 

Venezuela 

In addition, travel documents issued by the Government of the Trust Territory of the Pacific Islands are 

considered to be valid for the return of the bearer to the Trust Territory for a period of six months beyond the 

expiration date specified therein.


Validity of Certain Nonimmigrant Visas 

Notice is hereby given that consular officers are authorized to issue, in their discretion, nonimmigrant 

visas under section 101(a)(15)(B) of the Immigration and Nationality Act (temporary visitors for business or 

pleasure) valid for an indefinite period of time to otherwise eligible nationals of the countries listed below, 

which offer reciprocal or more liberal treatment to nationals of the United States who are in a similar class. 

This order, which adds several countries to the list and incorporates recent amendments, will be 

amended from time to time to include other countries which accord similar privileges to United States citizens. 

The asterisks identify those countries which have been added with this Notice. 

In addition, because of recent changes in the treatment of U.S. nationals in certain nonimmigrant 

classes, Suriname, formerly Surinam, has been deleted from that list under the provisions of section 

101(a)(15)(B), in order to accord its nationals the same reciprocal treatment currently accorded U.S. nationals. 

Note: Effective May 5, 1997, the maximum period of nonimmigrant visa validity is limited to ten years. 

Anguilla* 

Antigua and Barbuda* 

Aruba 

Austria 

Bahamas 

Barbados 

Belize 

Belgium 

Bermuda* 

Bolivia* 

Botswana 

Cayman Islands* 

Canada* 

Chile 

Cyprus 

Denmark 

Dominica, Commonwealth of 

Fiji 

Finland 

France 

Germany, Federal Republic of 

Gibraltar* 

Greece 

Guatemala* 

Hong Kong 

Iceland 

Ireland 

Israel 

Italy 

Jamaica 

Lesotho 

Liechtenstein 

Luxembourg 

Malawi 

Malaysia* 

Maldives, Republic of 

Malta 

Mauritius* 

Mexico 

Monaco 

Morocco 

Netherlands 

Netherlands Antilles


New Zealand 

Norway 

Panama* 

Paraguay 

Peru* 

Philippines* 

Portugal 

St. Christopher-Nevis* 

St. Lucia* 

St. Vincent and the Grenadines 

Saint Pierre and Miquelon 

Seychelles, Republic of 

Singapore 

San Marino 

Spain 

Swaziland* 

Sweden 

Switzerland 

Thailand* 

Tonga* 


Tunisia 

Turkey 

Tuvalu* 

United Kingdom 

Uruguay 

Venezuela* 

Virgin Islands* 

Public Notice 767 of August 4, 1981, issued at 46 FR 39718 and any amendments thereto are hereby 

superseded.


ppendix 15-3 NAFTA, Annex 1603, Appendix 1603.A.1 (Business 

Visitors) 

Research and Design 

- Technical, scientific, and statistical researchers conducting independence research or research for an 

enterprise located in the territory of another Party. 

Growth, Manufacture, and Production 

- Harvester owner supervising a harvesting crew admitted under applicable law. 

- Purchasing and production management personnel conducting commercial transactions for an 

enterprise located in the territory of another Party. 

Marketing 

- Market researchers and analysts conducting independent research or analysis or research or analysis 

for an enterprise located in the territory of another Party. 

- Trade fair and promotional personnel attending a trade convention. 

Sales 

- Sales representatives and agents taking orders or negotiating contracts for goods or services for an 

enterprise located in the territory of another Party but not delivering goods or providing services. 

- Buyers purchasing for an enterprise located in the territory of another Party. 

Distribution 

- Transportation operators transporting goods or passengers to the territory of a Party from the 

territory of another Party or loading and transporting goods or passengers from the territory of a Party, with no 

unloading in that territory, to the territory of another Party. 

- With respect to temporary entry into the territory of the United States, Canadian customs brokers 

performing brokerage duties relating to the export of goods from the territory of the United States to or through 

the territory of Canada. 

- With respect to temporary entry into the territory of Canada, United States customs brokers 

performing brokerage duties relating to the export of goods from the territory of Canada to or through the 

territory of the United States. 

- Customs brokers providing consulting services regarding the facilitation of the import or export of 

goods. 

After-Sales Service 

- Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge 

essential to a seller's contractual obligation, performing services or training workers to perform services, 

pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or 

machinery, including computer software, purchased from an enterprise located outside the territory of the Party 

into which temporary entry is sought, during the life of the warranty or service agreement. 

General Service


- Professionals engaging in a business activity at a professional level in a profession set out in Appendix 

1603.D.1. 

- Management and supervisory personnel engaging in a commercial transaction for an enterprise 

located in the territory of another Party. 

- Financial services personnel (insurers, bankers or investment brokers) engaging in commercial 

transactions for an enterprise located in the territory of another Party. 

- Public relations and advertising personnel consulting with business associates, or attending or 

participating in conventions. 

- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in 

conventions or conducting a tour that has begun in the territory of another Party. 

- Tour bus operators entering the territory of a Party: 

(a) with a group of passengers on a bus tour that has begun in, and will return to, the territory of 

another Party; 

(b) to meet a group of passengers on a bus tour that will end, and the predominant portion of which will 

take place, in the territory of another Party; or 

(c) with a group of passengers on a bus tour to be unloaded in the territory of the Party into which 

temporary entry is sought, and returning with no passengers or reloading with the group for transportation to 

the territory of another Party. 

- Translators or interpreters performing services as employees of an enterprise located in the territory of another 

Party. 

Definitions 

For purposes of this Appendix: 

territory of another Party means the territory of a Party other than the territory of the Party into which 

temporary entry is sought; 

tour bus operator means a natural person, including relief personnel accompanying or following to 

join, necessary for the operation of a tour bus for the duration of a trip; and 

transportation operator means a natural person, other than a tour bus operator, including relief 

personnel accompanying or following to join, necessary for the operation of a vehicle for the duration of a trip.


ppendix 15-4 NAFTA, Annex 1603, Appendix 1603.D.1 

(Professionals) 

PROFESSION 1/ MINIMUM EDUCATION REQUIREMENTS 

AND ALTERNATIVE CREDENTIALS 

General 

Accountant Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. 

Architect Baccalaureate or Licenciatura Degree; or state/provincial license 2/ 

Computer System Analyst Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma 3/ or 

Post-Secondary Certificate 4/, and three years experience 

Disaster Relief Insurance 

Claims Adjuster (claims 

adjuster employed by an 

insurance company located 

in the territory of a Party, 

or an independent claims 

adjuster) Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate 

areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment 

and successful completion of training in appropriate areas of insurance adjustment pertaining to disaster relief 

claims 

Economist Baccalaureate or Licenciatura Degree 

Engineer Baccalaureate or Licenciatura Degree; or state/provincial license 

Forester Baccalaureate or Licenciatura Degree; or state/provincial license 

Graphic DesignerBaccalaureate or Licenciatura degree; or Post-Secondary Diploma or Post-Secondary 

Certificate, and three years experience 

Hotel Manager Baccalaureate or Licenciatura degree in hotel/restaurant management; or post-secondary 

diploma or post-secondary certificate in hotel/restaurant management, and three years experience in 

hotel/restaurant management 

Industrial Designer Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary 


Interior Designer Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary 


Land Surveyor Baccalaureate or Licenciatura Degree; or state/provincial/federal license 

Landscape Architect Baccalaureate or Licenciatura Degree 

Lawyer (including Notary 

in the Province 

of Quebec) LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a 

state/provincial bar 

Librarian M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)


Management Consultant Baccalaureate or Licenciatura Degree; or equivalent professional experience as 

established by statement or professional credential attesting to five years experience as a management 

consultant, or five years experience in a field of specialty related to the consulting agreement 

Mathematician 

(including 

Statistician) Baccalaureate or Licenciatura Degree 

Range Manager/Range 

Conservationalist Baccalaureate or Licenciatura Degree 

Research Assistant 

(working in a postsecondary 

educational 

institution) Baccalaureate or Licenciatura Degree 

Scientific Technician 

/Technologist 5/ Possession of (a) theoretical knowledge of any of the following disciplines: agricultural 

sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and 

(b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of 

those disciplines to basic or applied research 

Social Worker Baccalaureate or Licenciatura Degree 

Sylviculturist 

(including 

Forestry 

Specialist) Baccalaureate or Licenciatura Degree 

Technical Publications 

Writer Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and 

three years experience 

Urban Planner (including 

Geographer) Baccalaureate or Licenciatura Degree 

Vocational Counselor Baccalaureate or Licenciatura Degree 

Medical/Allied Professional 

Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license 

Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license 

Medical Laboratory 

Technologist 

(Canada)/Medical 

Technologist 

(Mexico and the 

United 

States) 6/ Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary 


Nutritionist Baccalaureate or Licenciatura Degree 

Occupational Therapist Baccalaureate or Licenciatura Degree; or state/ provincial license 

Pharmacist Baccalaureate or Licenciatura Degree; or state/ provincial license


Physician (teaching or 

research only) M.D. or Doctor en Medicina; or state/provincial license 

Physiotherapist/ 

Physical Therapist Baccalaureate or Licenciatura Degree; or state/ provincial license 

Psychologist State/provincial license; or Licenciatura Degree 

Recreational Therapist Baccalaureate or Licenciatura Degree 

Registered Nurse State/provincial license; or Licenciatura Degree 

Veterinarian D.V.M., D.M.V. or Doctor en Veterinaria; or state/ provincial license 

Scientist 

Agriculturist (including 

Agronomist) Baccalaureate or Licenciatura Degree 

Animal Breeder Baccalaureate or Licenciatura Degree 

Animal Scientist Baccalaureate or Licenciatura Degree 

Apiculturist Baccalaureate or Licenciatura Degree 

Astronomer Baccalaureate or Licenciatura Degree 

Biochemist Baccalaureate or Licenciatura Degree 

Biologist Baccalaureate or Licenciatura Degree 

Chemist Baccalaureate or Licenciatura Degree 

Dairy Scientist Baccalaureate or Licenciatura Degree 

Entomologist Baccalaureate or Licenciatura Degree 

Epidemiologist Baccalaureate or Licenciatura Degree 

Geneticist Baccalaureate or Licenciatura Degree 

Geologist Baccalaureate or Licenciatura Degree 

Geochemist Baccalaureate or Licenciatura Degree 

Geophysicist (including 

Oceanographer in Mexico 

and the United 

States) Baccalaureate or Licenciatura Degree 

Horticulturist Baccalaureate or Licenciatura Degree 

Meteorologist Baccalaureate or Licenciatura Degree 

Pharmacologist Baccalaureate or Licenciatura Degree 

Physicist (including 

Oceanographer in 

Canada)Baccalaureate or Licenciatura Degree


Plant Breeder Baccalaureate or Licenciatura Degree 

Poultry Scientist Baccalaureate or Licenciatura Degree 

Soil Scientist Baccalaureate or Licenciatura Degree 

Zoologist Baccalaureate or Licenciatura Degree 

Teacher 

College Baccalaureate or Licenciatura Degree 

Seminary Baccalaureate or Licenciatura Degree 

University Baccalaureate or Licenciatura Degree


FOOTNOTES FOR APPENDIX 15-4 

1/ A business person seeking temporary entry under this Appendix may also perform training functions 

relating to the profession, including conducting seminars. 

2/ "State/provincial license" and "state/provincial/federal license" mean any document issued by a state, 

provincial or federal government, as the case may be, or under its authority, but not by a local government, that 

permits a person to engage in a regulated activity or profession. 

3/ "Post-Secondary Diploma" means a credential issued, on completion of two or more years of 

post-secondary education, by an accredited academic institution in Canada or the United States. 

4/ "Post-Secondary Certificate" means a certificate issued, on completion of two or more years of 

post-secondary education at an academic institution, by the federal government of Mexico or a state government 

in Mexico, an academic institution recognized by the federal government or a state government, or an academic 

institution created by federal or state law. 

5/ A business person in this category must be seeking temporary entry to work in direct support of 

professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, 

meteorology, or physics. 

6/ A business person in this category must be seeking temporary entry to perform in a laboratory 

chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for 

diagnosis, treatment or prevention of disease.


ppendix 15-5 Citizens of the Following Countries Require a Visa to 

Enter or Transit Canada 

Afghanistan 

Albania 

Algeria 

Angola 

Argentina 

Armenia 

Azerbaijan 

Bahrain 

Bangladesh 

Belarus 

Belize 

Benin 

Bhutan 

Bolivia 

Bosnia-Hercegovina 

Brazil 

Bulgaria 

Burkina-Faso 

Burundi 

Cambodia 

Cameroun 

Cape Verde 

Central African 

Republic 

Chad 

Chile 

China-People's 

Republic 

Columbia 

Comoros 

Congo 

Croatia 

Cuba 

Czechoslovakia 

Djibouti 

Dominican Republic 

Ecuador 

Egypt 

El Salvador 

Equatorial Guinea 

Estonia 

Ethiopia 

Fiji 

Gabon 

Gambia 

Georgia 

Ghana 

Guatemala 

Guinea 

Guinea-Bissau 

Guyana 

Haiti


Honduras 

Hungary 

India 

Indonesia 

Iran 

Iraq 

Ivory Coast 

Jamaica 

Jordan 

Kazakhstan 

Kenya 

Korea North 

Korea South 

Kuwait 

Kyrgyzstan 

Laos 

Latvia 

Lebanon 

Lesotho 

Liberia 

Libya 

Lithuania 

Malagasy Republic 

Malawi 

Maldives 

Mali 

Mauritania 

Mauritius 

Moldova 

Mongolia 

Morocco 

Mozambique 

Myanmar (Burma) 

Nepal 

Nicaragua 

Niger 

Nigeria 

Oman 

Pacific Islands--U.S. Trust Territories 

Pakistan 

Panama 

Paraguay 

Peru 

Philippines 

Poland 

Portugal 

Qatar 

Romania 

Russia 

Rwanda 

Sao Tome e Principo 

Senegal 

Seychelles - The 

Sierra Leone 

Slovenia 

Somali 

South Africa 

Sri Lanka 

Sudan


Surinam 

Syria 

Taiwan 

Tadjikistan 

Tanzania 

Thailand 

Togo 

Tonga 

Trinidad & Tobago 

Tunisia 

Turkey 

Turkmenistan 

Uganda 

Ukraine 

United Arab Emirates 

Uruguay 

Uzbekistan 

Vietnam 

Yemen 

Yugoslavia 

Zaire 

Zambia


ppendix 15-6 List of Consular Posts and Dates of Conversion to 

MRV Format 

Consular Posts MRV Conversion 

Abidjan 5/15/95 

Abu Dhabi 2/28/94 

Accra 2/17/95 

Addis Ababa 3/14/94 

Algiers 7/29/95 

Almaty 9/6/94 1/ 

Amman 5/9/94 

Amsterdam 3/4/96 

Ankara 4/1/94 

Antananarivo 11/15/94 

Ashgabat 8/1/95 

Asmara 11/1/94 

Asuncion 3/25/94 

Athens 1/29/93 

Auckland 3/31/95 

Baku 7/18/95 

Bamako3/16/95 

Bandar Seri 9/27/95 

Bangkok 11/22/91 

Bangui 11/16/94 

Banjul 4/7/94 

Barranquilla 10/01/92 2/ 

Beijing 10/22/92 

Belfast 6/24/94 

Belgrade 10/6/94 

Belize 3/21/94 

Beirut 5/26/95 

Berlin 4/27/92 

Bern 1/26/96 

Bishkek 10/11/94 

Bissau 7/7/95 

Bogota 4/15/91 

Bombay11/21/91 

Bonn 1/13/93 

Brasilia 4/15/93 

Bratislava 9/13/95 

Brazzaville 11/15/94 

Brussels5/22/92 

Bucharest 3/6/95 

Budapest 3/20/95 

Buenos Aires 6/2/91 

Bujumbura 3/10/95 

Cairo 3/19/95 

Calcutta2/28/94 

Calgary 3/28/95 

Capetown 8/8/94 

Caracas 10/18/95 3/ 

Casablanca 7/19/93 

Chengdu 5/16/94 

Chiang Mai 3/28/944/ 

Chisinau 8/22/94


Ciudad Juarez 11/18/92 

Colombo 6/8/94 

Copenhagen 2/1/96 

Conakry12/13/94 

Cotonou9/5/95 

Dakar 5/13/94 

Damascus 1/16/95 

Dar el Salaam 2/15/95 

Dhaka 4/28/92 

Djibouti 8/28/95 

Doha 3/20/94 

Dubai 5/3/95 

Dublin 6/16/92 

Durban 8/22/94 

Dushanbe 6/28/95 

Frankfurt 6/26/92 

Freetown 4/18/94 

Gaborone 12/12/94 

Georgetown 3/24/93 

Guadalajara 9/26/94 

Guangzhou 6/1/94 

Guatemala 6/13/91 

Guayaquil 4/10/95 

Halifax 12/3/93 

Hamilton 12/2/94 

Hanoi 8/1/95 

Harare 8/21/95 

Havana 11/2/94 

Helsinki1/15/96 

Hermosillo 12/12/91 

Hong Kong 3/26/92 

Islamabad 1/25/95 

Istanbul 4/4/94 

Jakarta 5/10/94 

Jeddah 2/12/96 

Jerusalem 8/25/92 

Kampala 12/14/94 

karachi 6/29/92 5/ 

Kathmandu 8/26/94 

Khartoum 8/25/95 6/ 

Kiev 1/23/95 7/ 

Kigali 7/21/95 

Kingston 1/30/91 

Kinshasa 4/21/95 

Kolonia 3/16/95 

Koror 8/1/95 

Krakow12/7/94 

Kuala Lumpur 5/19/93 

Kuwait 4/23/94 8/ 

Lagos 6/2/92 

Lahore 2/6/95 9/ 

La Paz 4/20/93 

Libreville 10/26/94 

Lilongwe 2/17/95 

Lima 6/8/92 

Lisbon 4/21/93 

Ljubljana 9/13/95 

Lima 6/8/92 

Lome 11/9/94


London 11/3/92 

Luanda 9/18/95 

Lusaka 11/30/94 

Luxembourg 6/13/94 

Madras 4/7/92 

Madrid 9/28/92 

Majuro 8/16/95 

Managua 3/17/93 

Manama 12/11/93 

Manila 3/26/92 

Maputo 12/12/94 

Marseille 11/20/95 

Maseru 5/23/95 

Mbabane 6/2/95 

Medan 9/26/94 

Merida 3/14/95 

Mexico City 5/11/9110/ 

Milan 1/14/94 

Minsk 7/7/94 

Monterrey 11/17/94 

Montevideo 4/25/95 

Montreal 9/25/91 

Monrovia 8/29/95 

Moscow4/19/94 

Munich 4/21/93 

Muscat 6/15/9411/ 

Naha 1/30/95 

Nairobi 11/21/91 

Naples 9/30/92 

Nassau 10/30/95 

N'Djamena 9/12/95 

New Delhi 3/2/91 

Niamey 11/8/94 

Nicosia 2/13/95 

Nouakchott 1/22/95 

Osaka-Kobe 3/1/95 

Oslo 1/15/95 

Ottawa 3/5/95 

Ouagadougou 5/16/95 

Panama 11/14/94 

Paramaribo 12/9/94 

Paris 1/20/94 

Phnom Penh 4/19/95 

Ponta Delgada 10/28/94 12/ 

Port-au-Prince 6/18/92 

Port Louis 9/18/95 

Port Moresby 5/26/95 

Port of Spain 4/28/95 

Porto Alegre 6/8/95 

Prague 9/19/95 

Praia 2/10/95 

Pretoria 6/23/95 

Quebec 2/14/94 

Quito 5/19/9213/ 

Rabat 8/2/93 14/ 

Rangoon 1/26/95 

Recife 9/25/95 

Reykjavic 8/4/95 

Riyadh 1/29/96


Riga 4/3/95 

Rio de Janeiro 5/22/95 

Rome 9/21/92 

Sanaa 1/23/9415/ 

San Jose 8/19/91 

San Salvador 8/26/92 

Santiago 11/15/94 

Santo Domingo 9/21/89 

Sao Paolo 5/25/93 

Seoul 3/16/92 

Shanghai 1/13/95 

Shenyang 5/3/94 

Singapore 8/8/94 

Sofia 4/25/95 

St. Petersburg 12/14/94 

Surabaya 5/27/9416/ 

Suva 12/8/95 

AIT Taipei 2/17/95 

Talinn 4/28/95 

Tashkent 10/3/94 

Tblisi 8/29/94 

Tegucigalpa 6/14/91 

Tel Aviv10/19/94 

Tijuana 1/10/92 

Tirana 12/5/94 

Tokyo 12/11/95 

Toronto 2/5/92 

Tunis 12/8/93 

Ulaanbaator 4/11/95 

Valletta 12/6/9317/ 

Victoria6/15/95 

Vientiane 5/20/94 

Vilnius 3/15/95 

Vladivostok 9/23/94 

Warsaw3/3/95 

Washington (VO)3/16/92 

Windhoek 11/2/94 

Yaounde 5/2/95 

Yekaterinburg 11/13/95 

Yeravan8/31/9418/ 

Zagreb 2/21/95



1/ Stamped visas 3/15/95 to 3/20/95 and 6/1/95 to 7/17/95. 

2/ Ceased operation 9/2/94. 

3/ Original installation was 9/26/91, with MRV visas issues only until 9/30/91. 

4/ Stamped visas 10/4/95 to 10/6/95. 

5/ Ceased visa operations 5/4/95. 

6/ Ceased visa operations 2/5/96. 




10/ Began issuing laminated SAV 2/18/93. 



13/ Old MRV foils 8/12/94 to 8/??/94; stamped visas 10/10/95 to 10/11/95. 

14/ A and G visas only after 6/27/94. 




18/ Stamped visas 2/7/95 to 2/9/95.


ppendix 15-7 Countries whose nationals are considered to have a 

"common nationality" with Canadians 

Nationals of the countries listed below are considered to have a "common nationality" with citizens of Canada 

and are exempt from the nonimmigrant visa requirement if they reside in Canada. [See 8 CFR 212.1.] 

Australia 

Bahamas 

Bangladesh 

Barbados 

Botswana 

Canada 

Cyprus 

Dominica 

Fiji 

Gambia 

Ghana 

Grenada 

Guyana 

Hong Kong (U.K or British National(Overseas) passport holders only). 

India 

Ireland, 

Jamaica 

Kenya 

Losotho 

Malawi 

Malaysia 

Malta 

Mauritius 

Naura 

New Zealand 

Nigeria 

Papua New Guinea 

St. Lucia 

St. Vincent 

Seychelles 

Sierra Leone 

Singapore 

Sri Lanka 

Swaziland 

Tanzania 

Tonga 


Uganda 

United Kingdom (including colonies, territories, and dependencies) 

Western Samoa 

Zambia 

Zimbabwe 

The waiver is not available to the bearer of a Certificate of Identity or other "stateless persons's" 

document issued by the governments of the above countries as such person is not considered a national of the 

country that issued the document. In addition, British subjects and their families attached to various Canadian 

and British government organizations in Canada, including the military, though not "landed immigrants" may 

be regarded as residents of Canada. All foreign trainees in Canada under the auspices of the International


Development 

Assistance Program will have in their possession an identity card issued by the Canadian International 

Development Agency. Students or trainees who are nationals of the countries named above may be admitted 

upon presentation of a valid identity card and a passport (for identification purposes).


Appendix 17-1 Office Hours for Deferred Inspections 

Office AddressDeferred Hours Phone # 

Eastern Regional Offices 

ALB 445 Broadway 8:00-2:00 (518)431-0339 

Albany, NY 12207 Mo-Fr 

Room 227 

ATL 77 Forsyth St.,S.W. 8:00-12:00 (404)331-0301 

Atlanta, GA 30303-0253 Mo-Th 

Room 287 

BAL BWI Airport 9:00-2:00 (410)859-0920 

Baltimore, MD 21240 Mo-Sa 

Lower Level, Pier E 

BOS JFK Federal Building 7:00-3:00 

Boston, MA 02203 Mo-Fr 

Rm. 575 

BUF 130 Delaware Ave 8:00-3:00 (716)551-4741 

Buffalo, NY 14201 Mo-Fr ext. 6434 

Room 113 

CHA Federal District Court Bldg. 8:00-4:00 

P.O. Box 610 Mo-Fr 

Charlotte Amalie 

St. Thomas, VI 00801 

((St. Thomas Airport) 

CHR St. Croix Airport 8:00-4:00 (809)778-1419 

PO Box 1468 Mo-Fr 

Christiansted 

St Croix, VI 00851 

CIN 550 Main St. 10:30-12:00 (513)684-3994 

Cincinnati, OH 45202 Mo-Fr 

Room 8511 

CLE 1240 E. 9th St. 10:00-2:00 (216)522-2713 

Cleveland, OH 44199 Tu & Th 

Room 1917 

CLT 6 Woodlawn Green 10:00-12:00 (704)344-6467 

Charlotte, NC 28217 Mo-Fr 

Room 138 

CRU Seaport Office 8:00-4:00 (809)776-6397 


St. John, VI 00801 

DET 333 Mt. Elliott St.8:00-3:00 (313)568-6013 

Detroit, MI 44199 Mo-Fr


HAR 450 Main St. 8:00-3:00 (860)240-3407 

Hartford, CT 06103-3060 Mo-Fr 

Room 421 

JAC 400 W. Bay St. 8:00-4:00 (904)232-3151 

Jacksonville, FL 32201 Mo-Fr 

Room G-18 

LOU 601 W. Broadway 8:00-1:00 (502)582-6380 

Louisville, KY 40202 Mo-Fr 

Room 601 

MEM 1341 Sycamore View 8:00-2:00 (901)766-2909 

Memphis, TN 38134-7647 Th only ext. 106 

Suite 100 

MIA 7880 Biscayne Blvd. 8:00-3:00 (305)536-7217 

Miami, FL 33138Mo-Fr 

5th Floor, deferred inspection 

NEW Newark Int'l Airport 8:00-11:00 (201)645-3239 

Terminal B Mo-Sa 

Newark, NJ 07102 

NYC 26 Federal Plaza 9:00-12:00 (212)264-5051 

New York, NY 10287 Mo-Th 

Room 10-104 (allow 3 wks for mail) 

NOL 701 Loyola St. 8:00-12:00 (504)589-6533 

New Orleans, LA 70113 Mo-Fr 

Room T8011 

NOR 5280 Henneman Dr. 8:30-3:00 (804)858-6189 

Norfolk, VA 23513 Mo-Fr INS only 

ORL 5390 Bear Rd. 8:00-1:30 (407)825-4168 

Orlando, FL 32827 Mo-Fr 

Suite 300 

Mail to: PO Box 620848 

Orlando, FL 32862-0848 

PHI Phila. Int'l Airport 9:00-12:00 (215)596-1968 

Terminal A, Door I-546 Mo-Fr 

Philadelphia, PA 19153 

PIT 1000 Liberty Ave. 9:00-12:00 (412)644-3365 

Pittsburgh, PA 15222 Mo-Fr 

Room 314 

POM 739 Warren Ave. 9:00-2:00 (207)780-3740 

Portland, ME 04103 Mo-Fr 

PRO 200 Dyer St. 8:00-3:30 (401)528-5530 

Providence, RI 02903 (exc. 1st Fri, 

8:00-12:00) 

SAJ Av. Chardon 8:00-4:00 (787)766-5429 

Hato Rey, PR 00918 Mo-Th


Room 380 

mail to: PO Box 365068 

San Juan, PR 00936 

STA Federal Bldg. 9:00-4:00 (802)527-3256 


St. Albans, VT 05478 

TAM 5509 W. Gray St.8:00-2:00 (813)288-1230 

Tampa, FL 33609Mo-Fr 

Suite 108 

WAS 4420 N. Fairfax Drive 8:00-4:00 (202)307-1602 

Arlington, VA 22203 Mo-Fr 

2nd Floor, duty officer 

WPB 4 East Port Rd. 10:00-3:00 (407)845-6898 


Rivera Beach, FL 33404 

Suite 410 

Central Regional Offices 

ABQ 517 Gold Ave., S.W. 10:00-2:00 (505)248-7352 


Albuquerque, NM 87103 

Room 1010 

BOI 4620 Overland St. 8:00-12:00 (208)334-9669 

Overland Bldg. Mo-Fr 

Boise, ID 83705 

Room 108 

CHI 10 W. Jackson Blvd. 8:00-4:30 (312)886-0600 

Chicago, IL 60604 Mo-Fr 

Room 323 

DAL 8101 N. Stemmons Freeway 7:30-2:30 (214)655-000(Public) 

Dallas, TX 75247 Mo-Fr (214) 655-3038(INS) 

DEN 4730 Paris Street 12:30-2:15 (303) 371-5812 

Denver, CO 80239 Mo-Fr 

ELP 1545 Hawkins 8:30-3:30 (915) 540-1790 

El Paso, TX 79925 Mo-Fr 

Room 105 

HLG 2102 Teege Avenue 8:00-3:30 (210) 425-7333 

Harlingen, TX 78550 Mo-Fr 

HEL 2800 Skyway Drive 7:30-3:30 (406)449-5034 

Helena, MT 59601 except Wed 

HOU 509 N. Belt 7:00-3:30 (713) 847-7940 

Houston, TX 77060 Mo-Fr 

Room 300A


INP Gateway Plaza 8:00-12:00 (317)336-7891 

950 N. Meridian St. Tu-Fr 

Indianapolis, IN 46204 

Room 400 

KAN 9747 N. Conant Avenue 0800-1300 (816) 891-0603 

Kansas City, MO 64153 Tu only 

MIL 517 E. Wisconsin Ave. 8:30-2:00 (414)297-3572 

Milwaukee, WI 53202 M, Tu, Th 

Room 186 

OKC 4149 Highline Blvd. 8:30-10:00 (405)231-5944 

Oklahoma City, OK 73108Mo-Fr 

Suite 300 

OMA 3736 S. 132nd Street 8:00-4:00 (402)697-1630 

Omaha, NE 68144 Mo-Fr 

SLC 5272 S. College Dr. 8:00-2:30 (801)265-8861 

Salt Lake City, UT 84123 except Tu. 

Suite 100 

SNA 8940 Fourwinds Drive 11:00-3:00 none 

San Antonio, TX 78239 Mo-Fr 

Room 1089, Window #7 

SPM 2901 Metro Drive 07:30-11:30 (612) 725-3770 

Bloomington, MN 55425 M-Th 

Room 100 

STL 1222 Spruce St. 8:00 

St. Louis, MO 63103-2815 Wed only 

Room 100 

Western Regional Offices 

AGA 238 O'Hara St 8:00-4:30 011-671-472-7410 

Agana, GU 96910 Mo-Fr 

Room 801 

ANC 620 E. 10th St. 8:00-4:30 (907) 271-3524 

Anchorage, AK 99501-3708 Mo-Fr 

Suite 102 

FRE 865 Fulton Mall 8:00-2:00 (209)487-5132 

Fresno, CA 97321Mo-Fr Ext. 34 

HHW 595 Ala Moana Blvd 7:30-4:00 (808) 532-2722 

Honolulu, HI 96813 Mo-Fr 

LOS 300 N. Los Angeles St. 8:00-4:30 (213) 894-4371,2 

Los Angeles, CA 90012 Mo-Fr 

Room 7534 

LVG 3373 Pepper Lane8:00-2:30 (702) 388-6640 

Las Vegas, NV 89120 Mo-Fr 

PHO 2035 N. Central Ave. 8:00-1:30 (602) 379-6666


Phoenix, AZ 85004 except Fr 

POO 511 N.W. Broadway 1:00-4:00 (503) 326-3962 

Portland, OR 97209 Mo-Fr 

Room 117 

REN 1351 Corporate Blvd. 9:00-3:00 (702) 784-5186 

Reno, NV 89502 Mo-Fr 

SAC 711 J St. 8:00-4:30 (916) 498-6480 

Sacramento, CA 95814 Mo-Fr 

SEA 815 Airport Way, South 7:00-3:00 (206) 553-2162 

Seattle, WA 98134 Mo-Fr 

SFR 630 Sansome St. 7:45-4:15 (415) 705-4471 

San Francisco, CA Mo-Fr 

94111-2280 

Room 221 

SJO 280 S. 1st St. 7:45-4:15 

San Jose, CA 95113 Mo-Fr 

Room 1150 

SND 800 Front St. 8:00-4:30 (619) 557-6275 

San Diego, CA 92101-8834 Mo-Fr 

Suite 1209 

SPO U.S. Courthouse 8:00-4:00 (509) 353-2761 

W. 920 RiversideMo-Fr 

Spokane, WA 99201 

TUC 300 W. Congress St. 8:00-4:00 (520) 670-4617 

Tucson, AZ 85701-1386 Mo-Fr 

Room FB-37


Appendix 17-2 Public Health Service Offices 

U.S. Public Health Service 

Centers for Disease Control and Prevention 

National Center for Infectious Diseases 

Division of Quarantine 

February 1996 

U.S. Quarantine Station (Los Angeles) 

Public Health Service 

Los Angeles International Airport 

380 World Way Box N19 

Los Angeles, CA 90045 

Phone: 310-215-2365 

FAX 310-215-2285 

All ports in the southern 1/2 of California, Colorado, Texas, New Mexico, and Las Vegas, NV. The entire 

U.S.-Mexico border. 

Officer-in-charge: 

Michael Marty 

e-mail MJM9@CPSOD1.EM.CDC.GOV 

Home 213-493-5358 

U.S. Quarantine Station (San Francisco) 


P.O. Box 280548 SFIA 

San Francisco, CA 94128-0548 

415-876-2872 

FAX 415-876-2796 

All ports in northern 1/2 of California, Utah, Reno, NV. 


Susan Dwyer 

e-mail SAD1@CPSOD1.EM.CDC.GOV 

Home 415-347-4549 

U.S. Quarantine Station (Miami) 


Miami International Airport 

P.O. Box 996488 

Miami, FL 33299-6488 

305-526-2910 

FAX 305-526-2798 

All ports in Alabama, Florida, Louisiana, Mississippi, Oklahoma, and Tennessee, all seaports in Georgia, all 

ports in Puerto Rico and the U.S. Virgin Islands. 


Tony W. Drew


e-mail AWD1@CPSOD1.EM.CDC.GOV 

Home 305-748-4878 

U.S. Quarantine Station (Honolulu) 


Honolulu International Airport 

300 Rodgers Boulevard, #67 

Honolulu, HI 96819-1897 

808-861-8530 or 8531 

FAX 808-861-8532 

All ports in the State of Hawaii. 


Robert Tapia 

e-mail ROT1@CPSOD1.EM.CDC.GOV 

Home 808-737-2465 

U.S. Quarantine Station (Chicago) 


O'Hare International Airport 

P.O. Box 66012 

Chicago, IL 60666-0012 

312-894-2961 (12:00 Noon - 8:00 P.M. Daily) 

312-894-2960 (24-Hour Answering Service) 

FAX 312-894-2970 

All ports in Illinois, Indiana, Kentucky, Michigan, Minnesota, Missouri, Ohio, Pennsylvania (Erie), and 

Wisconsin and Toronto, Canada. 


Martha S. Remis 

e-mail MSR1@CPSOD1.EM.CDC.GOV 

Home 708-956-1614 

U.S. Quarantine Station (New York City) 


J.F. Kennedy International Airport 

Room 2339 International Arrivals Bldg. 

Jamaica, NY 11430-1081 

718-553-1685,6,7 

FAX 718-553-1524 

All ports in Delaware, New Jersey, New York, Pennsylvania (except Erie), Connecticut, Maine, Vermont, 

Massachusetts, New Hampshire, Rhode Island, Maryland, Virginia, North Carolina, South Carolina, District of 

Columbia, and Montreal, Canada. 


Margaret A. Becker 

e-mail MAB1@CPSOD1.EM.CDC.GOV 

Home 516-546-7317 

U.S. Quarantine Station (Seattle) 


Seattle-Tacoma International Airport 

Room S-212


Seattle, WA 98158-1720 

206-553-4519 

FAX 206-553-4455 

All ports in Alaska, Idaho, Montana, North Dakota, Oregon, and Washington. Vancouver, British Columbia, 

Canada. 


Jenny Ansdell 

e-mail JWA3@CPSOD1.EM.CDC.GOV 

206-361-1536 

Headquarters 

Centers for Disease Control and Prevention 

National Center for Infectious Diseases 

Division of Quarantine (E-03) 

Atlanta, Georgia 30333 

Atlanta Quarantine Station, Hartsfield Atlanta Int'l 

Airport: 404-639-1220 

Division of Quarantine Duty Officer 

Pager: 404-415-0597 

Hartsfield Atlanta Int'l Airport 

Contacts: 

David F. Rogers 

Program Analyst 

404-639-8107 

e-mail DFR1@CPSOD1.EM.CDC.GOV 

Home: 770-466-2317 

Thomas A. DeMarcus 

Ass't Chief, Program Operations Branch 

404-639-8108 

e-mail TAD1@CPSOD1.EM.CDC.GOV 

Home: 770-451-2590 

Tony D. Perez 

Chief, Program Operations Branch 

404-639-8107 

e-mail TDP1@CPSOD1.EM.CDC.GOV 

Home: 404-299-7525 

Terrence Daley 

Chief, Visa Medical Activity 

404-639-8109 

e-mail TDD1@CPSOD1.EM.CDC.GOV 

Home:770-484-8690 

Duty Officer, Centers for Disease Control 

404-639-2888 

Division of Quarantine FAX 

404-639-2599


Health information for international travel - 24-hour telephone hotline: 

404-332-4559

Inspector's Field Manual


ppendix 22-1 Memorandum of Understanding Between U. S. 

Customs Service and Immigration and Naturalization Service 

MEMORANDUM OF UNDERSTANDING 

BETWEEN 

U.S. CUSTOMS SERVICE 

AND 

IMMIGRATION AND NATURALIZATION SERVICE 

The United States Customs Service of the Department of the Treasury and the Immigration and Naturalization 

Service of the Department of Justice hereby enter into the following Memorandum of Understanding (MOU). 

A. PURPOSE OF AGREEMENT 

To promote mutual respect and support for the mission of each agency in the international air passenger 

environment. 

B. AGREEMENT 

The U.S. Customs Service (Customs) and the Immigration and Naturalization Service (INS) agree that mutual 

cooperation in both policy and operational matters enhances both the facilitation and enforcement objectives of 

each agency. 

In order to encourage and ensure the continuation of the cooperative spirit and efforts of both agencies, Customs 

and INS hereby agree that: 

I. FACILITY PLANNING 

The Federal Inspection Services (FIS) agencies, which include Customs and INS, each have clearly defined 

requirements for the design of airport facilities. However, in today's environment, the operations of each agency 

are no longer as physically separate as they once were and it has become necessary to approve designs of 

facilities in a cooperative manner. In light of this, it is agreed that: 

A national interagency group will be established to deal with the appropriate airport entity in a unified manner 

regarding the planning, design, and construction of facilities. 

facilities will only be approved which, through physical design, enable INS to control passengers 

from their primary area to their secondary area, while at the same time, giving Customs ready 

access to and view of the INS primary area. 

Both Customs and INS must have ready access to the coordination center. 

In single level facilities the coordination center must be located so that personnel have an unobstructed view and 

ready access to the INS primary area without affecting either agency's facility requirements. In two level 

facilities other means for coordination center access and viewing capabilities between the two agencies must be 

established. 

2. COORDINATION CENTER 

The coordination center is a joint-use facility available to personnel from Customs and INS, as well as other FIS 

agencies. The center serves as a central location point for the coordination of the enforcement activities which 

link the agencies.


Customs and INS will staff the coordination center with a supervisor or lead inspector. It is agreed that other 

issues regarding staffing and operation of the coordination center will remain with each agency's local 

management. 

3. 100 PERCENT IBIS QUERY 

During the last year, Customs and INS have been committed to conducting a single primary query on arriving 

air passengers. In addition, it is the ultimate objective of both agencies to query 1 00 percent of the arriving 

passengers. 

It is agreed that INS has accepted the responsibility of performing the primary lookout query. INS, in 

consultation and cooperation with Customs, will routinely evaluate the method of implementation of this 

responsibility based on facility, location, and operational considerations as well as introduction of technical 

and automated changes. 

4. U. S. CUSTOMS SERVICE ROVERS 

Customs has developed an inspectional strategy which incorporates selectivity methods, behavioral analysis 

and targeting techniques. This strategy is implemented by the use of roving inspectors. The rovers operate in both 

uniform and plainclothes. Their duties include the surveillance and observation of passengers. 

It is agreed that the Customs rovers will operate selectively in the airport complex in the perforrharice of the 

Customs mission and in coordination with local INS when the activity will be performed prior to INS 

inspection. Any activity prior to INS primary will be observational in nature and will not involve the queuing or 

routine questioning of passengers. 

It is agreed that in any unusual instance (i.e. terrorist, armed and dangerous information, etc.) in which a 

Customs inspector determines that it is necessary to question and examine a passenger prior to INS primary, INS 

will be immediately informed and accompany the Customs officer. 

5. CARRIAGE OF WEAPONS 

It is agreed that the carriage of weapons by either Customs or INS personnel is a matter of each agency's policy. 

U. S. Customs and INS personnel retain the right to carry weapons throughout the airport complex to the extent 

allowed by law and by regional and headquarters policy. 

6. LOOKOUT HITS 

With the development of the single primary automated query, the successful processing of lookouts becomes 

complex. In order for each agency to fully exert its jurisdiction and authority without jeopardizing the 

enforcement processes of the other agency, we have agreed to the following cooperative effort. 

Treasury Enforcement Communications System (TECS) hits fall within the jurisdiction of Customs. Procedures 

for the effective identification, control and surveillance will be developed at the local level. However, the 

primary objective of the joint procedures will be to ensure the most effective enforcement processing of the TECS 

hit. 

National Automated Immigration Lookout System (NAILS) and Automated Visa Lookout System (AVLOS) hits 

fall within the jurisdiction of INS. In these instances, INS will ensure that Customs processing is also completed 

through procedures developed locally. 

It is agreed that National Crime Information Center (NCIC) hits which occur on United States citizens 

will be referred to Customs by INS. INS will, where possible, take the necessary action to avoid 

giving the individual knowledge of the hit so that effective enforcement, including surveillance 

through the baggage claim and Customs processing, can occur. Customs will have the responsibility


of notifying the originating agency in these instances. 

It Is agreed that NCIC hits which occur on aliens are of a clear statutory interest to INS. These intercepts will be 

immediately processed through Customs by INS upon positive identification and, provided that a Customs 

violation is not discovered, they will be referred to the originating agency by INS. However, if a Customs 

violation is discovered, Customs will proceed to handle that violation after coordinating the matter with INS. 

Nevertheless, in all instances of NCIC hits on aliens, INS will contact the originating agency. In all instances, 

before the subject is released to any other agency by INS, a detainer (Form 1-247) will be prepared and presented 

to the other interested agency by INS. 

7. PREINSPECTION 

It is anticipated that the growth of INS preinspection at foreign sites of embarkation will continue. Customs 

supports this INS operation. However, since INS retains its 100 percent query responsibility while at the foreign 

location, it becomes necessary to ensure the information is transmitted to Customs in the U. S. 

It is agreed that, where possible, INS will provide Customs, at the port of arrival, in advance of arrival, with the 

information relating to the queries performed at the preinspection site. In addition, INS will provide USCS with 

positive identification of all subject hits. 

8. ADVANCED PASSENGER INFORMATION SYSTEM 

The Advance Passenger Information System (APIS) provides both Customs and INS with capabilities for 

enhanced enforcement and facilitation. 

It is agreed that in instances in which APIS is received from either a carrier or a foreign government, the agencies 

will work cooperatively to develop facilitative processing of the APIS arrivals. 

It Is agreed that INS and Customs will cooperate to promote participation in the APIS program by the airlines 

and foreign government 

9. MACHINE READABLE PASSPORTS AND VISAS 

It is agreed that INS and Customs will engage in a joint effort to promote the development and use of 

machine readable passports and visas. 

10. SPECIAL REQUESTS 

It is agreed that any special requests for inspection services that involve the FIS agencies will be decided in joint 

consultation. 

C. OTHER TERMS OF AGREEMENT 

1. This agreement will be effective from the date of signature and will continue indefinitely until 

terminated in writing by mutual agreement. 

2. Revisions, amendments and modifications to this agreement may be made upon the written approval of 

both agencies and shall become effective upon the date of approval. 

3. This document is an internal government agreement and is not intended to confer any right or benefit on 

any private person or party. 

DATE: October 17, 1990


APPROVED: 

Carol Hallett Gary McNary 

Commissioner Commissioner 

U.S. Customs Service U.S. Immigration and 

Naturalization Service


Appendix 22-2 IATA International Airline Codes (May, 1996) 

A 

AA American Airlines 

AB Falcon Airlines 

AD Lone Star Airlines 

AE Mandarin Airlines 

AF Air France 

AG Provincial Airways (pax) 

AG Air Bridge Carriers (cgo) 

AH Air Algerie 

AI Air India 

AJ Air Belgium 

AK Island Air 

AL Alsair 

AM Aeromexico 

AN Ansett Australia 

AO Aviaco 

AP Aliadriatica 

AR AerolineasArgentinas 

AS Alaska Airlines 

AT Royal Air Maroc 

AU Austral 

AV Avianca 

AW Aeroquetzal 

AX Air Aurora 

AY Finnair 

AZ Alitalia 

B 

BA British Airways 

BB Sansa 

BC Brymon Airways 

BD British Midland A. 

BE Braniff International 

BF Markair 

BG Biman Bangladesh 

BH Augusta Airways 

BI Royal Brunei Airlines 

BJ Eliambassador 

BK Paradise Island A. 

BM ATI-Aero Transporti Italiani (pax) 

BM Belize Air International (cgo) 

BN Tropical Sea Airlines 

BO Bouraq Indonesia A. 

BP Air Botswana 

BQ Aeromar (cgo) 

BR Eva Airways 

BS Gamair (pax) 

BS Air Exchange (cgo) 

BU Braathens S.A.F.E. 

BV Bopair 

BW BWIA International Trinidad and Tobago Airways Corp.


BX Coast Air 

BY Brittania 

BZ Keystone Air Service 

C 

CA Air China 

CB Suckling Airways 

CD Trans Provincial A. 

CE Aircity 

CF Compania De Aviacion Faucett 

CG Caicos Caribbean Airways (cgo) 

CH Bemidji Airlines 

CI China Airlines 

CJ China Northern A. 

CK Gambia Airways 

CM COPA 

CO Continental Airlines 

CO Air Micronesia 

CP Canadian Airlines International 

CQ Air Alpha 

CS Florida Air 

CT C.A.V.E. 

CU Cubana 

CV Cargolux Airlines 

CW Air Marshall Islands 

CX Cathay Pacific A. 

CY Cyprus Airways 

CZ China Southern A. 

D 

DA Dan-Air Services 

DB Brit Air (pax) 

DB Air Niagara (cgo) 

DC Golden Air Commuter 

DE Condor Flugdienst 

DF Indian Ocean Airlines 

DI Deutsche BA 

DJ NorthCross Airways 

DK Kampuchea Airlines 

DL Delta Air Lines 

DM Maersk Air 

DN Corporate Air 

DO Dominicana de Aviacion 

DP Eastland Air 

DQ Coastal Air Transport 

DS Air Senegal 

DT TAAG-Angola Airlines 

DU Hemus Air (pax) 

DU Aerial Transit Co. (cargo) 

DV Nantucket Airlines 

DX Danair 

DY Alyemda-Democratic Yemen Airlines 

E 

EB Emery Worldwide (cargo) 

ED CC Air (pax)


ED Andes Airlines (cgo) 

EF Far Eastern Air Transport 

EG Japan-Asia Airways 

EH SAETA 

EI Aer Lingus 

EJ New England Airlines 

EK Emirates 

EL Nippon 

EM Empire Airlines 

EN Air Dolomiti 

EO Air Nordic Sweden 

EP Blackhawk Airways 

EQ TAME 

ER DHL Airways 

ET Ethiopian Airlines 

EU Equatoriana 

EV Atlantic Southeast Airlines 

EW Eastwest Airlines 

EX A/S Norving 

EY Europe Aero-Service 

EZ Sun-Air 

F 

FA Finnaviation (pax) 

FA Safair Freighters (cgo) 

FB Promair Australia 

FC Berliner Spezial Flug 

FD CityFlyer Express 

FF Tower Air 

FG Ariana Afghan Airlines 

FI Icelanair 

FJ Air Pacific 

FK Flamenco Airways 

FL Coast to Coast AIrlines 

FM Federal Express (cgo) 

FN Niue Airlines 

FO Western New South Wales Airlines 

FQ Air Aruba 

FR Ryanair 

FS Missionary Aviation Fellowship 

FU Air Littoral 

FV Viva Air 

FW Isles of Scilly Skybus 

FY Metroflight Airlines 

G 

GA Garuda Indonesia 

GB Great Barrier Airlines (pax) 

GB Airborne Express (cgo) 

GC Lina Congo 

GD TAESA 

GE Trans Asia Airways 

GF Gulf Air 

GH Ghana Airways 

GI Air Guinee 

GJ Equatorial-International Airlines of Sao Tome 

GL Gronlandsfly


GM Flitestar 

GN Air Gabon 

GO Air Stord 

GP China General Aviation 

GQ Big Sky Airlines 

GT GB Airways 

GU AVIATECA 

GV Talair 

GW Central American A. 

GX Goll Aviation (pax) 

GX Air Ontario (cgo) 

GY Guyana Airwys Corp. 

GZ Air Rarotonga 

H 

HA Hawaiian Airlines 

HB Mali Tinbouctou Air Service 

HC Naske Air 

HD New York Helicopters 

HF Hageland Aviation 

HG Harbor Airlines, Inc. 

HI Papillon Airways 

HJ Holmstroem Air (pax) 

HJ Air Haiti (cgo) 

HK Time Air Sweden 

HM Air Seychelles 

HN KLM City Hopper 

HO Airways International 

HP America West Airlines 

HQ Business Express 

HR Southern Pacific 

HS Air North International 

HU Slov-Air (pax) 

HU Northern Air Cargo (cgo) 

HV Transavia 

HW North Wright AIr 

HX Hamburg Airlines 

HY Uzbekistan Airways 

HZ Euroflight Sweden 

I 

IB Iberia 

IC Indian Airlines 

IE Solomon Airlines 

IF Great China Airlines 

IH Loken Aviation (pax) 

IH Falcon Aviation (cgo) 

II Business Air 

IJ T.A.T. European A. 

IK Roadair Lines 

IL Istanbul Airlines 

IM Australia Asia Airlines 

IN IPEC Aviation (cgo) 

IO T.A.T. Export European Airlines (pax) 

IO I.L.P.O. Aruba Cargo (cgo) 

IP Airlines of Tasmania 

IQ Interot Airways


IR Iranair 

IS Island Airlines 

IT Air Inter 

IU Helitrans Air Service 

IV Air Gambia 

IW AOM Minerve 

IX Flandre Air 

IY Yemenia Yemen Airways 

IZ Arkia Israeli Airlines 

J 

JA Norway Airlines (pax) 

JA Bankair (cgo) 

JB Helijet Airways 

JC Rocky Mountain Airways 

JD Japan Air System 

JE Manx Airlines 

JF L.A.B. Flying Service 

JH Nordeste (pax) 

JH Amerijet International (cgo) 

JI Midway Airlines 

JJ Brasil Central 

JK Link Airways (Austr.) 

JL Japan Airlines 

JM Air Jamaica 

JN Japan Air Commuter 

JO LMT 

JP Adria Airways 

JQ Trans Jamaica Airlines 

JR Aero California 

JS Chosonminhang Korean Airways DPR of Korea 

JU JAT 

JV Bearskin Lake Air Service 

JW Arrow Air (cgo) 

JX JES Air Service 

JY Jersey European Airways 

JZ Avia 

K 

KA Dragonair 

KB Druk-Air 

KD Kendall Airlines 

KE Korean AIr 

KF Air Botnia 

KG King Island Airlines 

KH Kyrnair 

KI Air Atlantique 

KJ Sultan Air 

KK Transportes Aereos Regionais 

KL KLM 

KM Air Malta 

KQ Kenya Airways 

KR Karair (pax) 

KR Kitty Hawk Air Cargo (cgo) 

KS Peninsula Airways 

KT Turtle Airways Ltd. 

KU Kuwait Airways


KV Transkei Airways 

KW Carnival Air Lines 

KX Carman Airways 

KZ Nippon Cargo Airlines 

L 

LA Lan Chile 

LB LAB (Lloyd Air Boliviana) 

LC Loganair Ltd. (pax) 

LD LADE (pax) 

LD AHK Air Hong Kong (cgo) 

LE Airlink 

LF Linjeflyg 

LG Luxair 

LH Lufthansa 

LI LIAT 

LJ Sierra National Airlines 

LK Goldfields Air Services (pax) 

LK Link America (cgo) 

LL Bell Air 

LM ALM 

LN Jamahiriya Libyan Arab Airlines 

LO LOT-Polish AIrlines 

LP Nyge-Aero 

LR LACSA 

LS Iliamna Air Taxi (pax) 

LS Channel Express (cgo) 

LT LTU 

LU Theron Airways 

LV Aeropostal 

LW Air Nevada 

LX Crossair 

LY El-Al Israel Airlines 

LZ Balkan 

M 

MA Malev 

MB Western Airlines 

MD AIr Madagascar 

ME MEA 

MF Xiamen 

MG MGM Grand Air 

MH Malaysia Airlines 

MI Silk Air (pax) 

MI Four Star Air Cargo (cgo) 

MJ LAPA 

MK Air Mauritius 

ML Aero Costa Rica Acori 

MM SAM 

MN Commercial Airways 

MO Calm Air International 

MP Martinair Holland 

MR Air Mauritanie 

MS Egyptair 

MT Melbourne Regional A. 

MU China Eastern Airlines 

MV Ansett W.A.


MW Maya Airlines 

MX Mexicana 

MY Helifrance 

MZ Merpati Nusantara Airlines 

N 

NA National Airlines 

NB Sterling Airways 

NC Norskair 

ND Inter-Canadien 

NF Air Vanuatu 

NG Lauda Air 

NH All Nippon Airways Co., Ltd. 

NI Portugalia 

NJ Namakwaland Ludgiens 

NL Atlantic Air Transport 

NM Mount Cook AIrlines 

NN Air Martinique 

NO Aus-Air (pax) 

NO NPA (cgo) 

NR Norontair 

NS NFD 

NT Norcanair 

NU Southwest Airlines (Japan) 

NV Northwest Territorial Airways 

NW Northwest AIrlines 

NX Nationair Canada 

NZ Air New Zeland 

O 

OA Olympic Airways 

OB Monarch AIr 

OC Sunshine Air 

OD Zuliana de Aviacion 

OE Westair Commuter A. 

OG Air Guadeloupe 

OH Comair 

OI Heli-Transport 

OJ Air St. Barthelemy 

OK Czechoslovak Airlines 

OL OLT-Ostfriesische Luftransport (pax) 

OL Aeronorte Internacional (cgo) 

OM Air Mongol-MIAT 

ON Air Nauru 

OO Skywest Airlines 

OP Chalks International A. 

OQ Arizona Pacific Airways 

OR Air Comores 

OS Austrian Airlines 

OT Evergreen Helicopters 

OU Coatia Airlines 

OV Estonia Air 

OW Metavia Airlines 

OX Air Hudik 

OY Sunaire 

OZ Asiana Airliens


P 

PB Air Burundi 

PC Fiji Air 

PD Pem-Air 

PF Vayudoot (pax) 

PF Mid Pacific Air (cgo) 

PG Bangkok Air 

PH Polynesian Air 

PI Sunflower Air 

PJ Air St. Pierre 

PK Pakistani International Airlines 

PL Aeroperu 

PN Societe Nouvelle Air Martinique 

PO Aeropelican Air Services 

PQ Pacific Coast Airlines 

PR Philippine Airlines 

PU PLUNA 

PX Air Niugini 

PY Surinam AIrways 

PZ LAP 

Q 

QA Aerocaribe 

QC Air Zaire 

QD Grand Airways 

QF Quantas Airways 

QG Dynamic Air 

QH Qwestar 

QI Cimber Air 

QJ Jet Airways 

QK Air Nova 

QL Lesotho Airways 

QM Air Malawi 

QP Airkenya Aviation 

QQ Reno Air 

QR Air Satelite 

QS Tatra Air 

QT S.A.R. Avions Taxis (pax) 

QT Tampa Airlines (cgo) 

QU Uganda Airlines 

QV Lao Aviation 

QW Turks and Caicos National Airline 

QX Horizon Air 

QZ Zambia Airways 

R 

RA Royal Nepal Airlines 

RB Syrian Arab Airlines 

RC Atlantic Airways, Faroe Islands 

RD Avionova 

RE Aer Arann Teo 

RF Emirates Air Services 

RG VARIG 

RH Meridiana Air 

RI P.T. Mandala Airlines (pax) 

RI Airpac Airlines (cgo)


RJ Royal Jordanian 

RK Air Afrique 

RN Euralair 

RO TAROM 

RP Precision Airlines 

RQ Air Engiadina 

RR Royal Air Force 

RS Intercontinental de Aviacion 

RT Lincoln Airlines 

RV Reeve Aleutian A. 

RW Rhineland AAirt Services (pax) 

RW Alas de Transportes Internacionales (cgo) 

RY Air rwanda 

RZ Trans World Express 

S 

SA South African Airways 

SB Air Caledonie Internacional 

SC Cruzeiro 

SD Sudan Airways 

SE Wings of Alaska (pax) 

SE Dairo Air Services (cgo) 

SF Shanghai Airlines 

SG Sempati Air 

SH SAHSA 

SI Friesenflug 

SJ Southern Air 

SK SAS 

SL Rio-Sul Servicios Aereos Regionais 

SM Aberdeen Airways 

SN Sabena Belgian World Airlines 

SO Austrian Air Services 

SP SATA AIr Acores 

SQ Singapore Airlines 

SR Swissair 

SS Carnival Airlines 

ST Yanda Airlines 

SU Aeroflot 

SV Saudia 

SW Air Namibia 

SX Christman Air System 

SZ China Southwest 

T 

TA Taca International A. 

TC Air Tanzania Corp. 

TD TNT Sava 

TE Lithuanian Airlines 

TF Air Transport Pyrenees 

TG Thai Airways International 

TH LAR Transregional 

TI Baltic International Airlines 

TJ Tikal Jets (cgo) 

TK Turkish AIrlines 

TL Skyport (pax) 

TM LAM-Linhas Aereas de Mocambique 

TN Australian Airlines


TO Alkan Air 

TP TAP Air Portugal 

TQ Transwede Airways 

TR Transbrasil 

TS Samoa Aviation 

TU Tunis Air 

TV Haiti Trans Air 

TW TWA 

TY Air Caladonie (pax) 

TY Trans-Air Link (cgo) 

TZ American Trans Air 

U 

UA United Airlines 

UB Myanma Airways 

UC Ladeco 

UD Hexair (pax) 

UD Fast Air Carrier (cgo) 

UE Air L.A. 

UF Saro AIr 

UG Tuninter 

UH Transport Air Centre 

UI Norlandair 

UJ Air Sedona 

UK Air UK 

UL Air Lanka 

UM Air Zimbabwe 

UO Direct Air Inc. 

UP Bahamasair 

UQ O'Connor Airlines 

UR British International Helicopters 

US USAIR 

UT UTA 

UU Air Austral 

UV Air Kangaroo Island 

UW Perimeter Airlines 

UY Cameroon Airlines 

UZ Regional Air 

V 

VA VIASA 

VB Birmingham European Airways 

VC Servivensa 

VD Air Liberte 

VE AVENSA 

VG RFG-Regionalflug 

VH Air Burkina 

VI Vieques Air Link 

VK Air Tungaru Corp. (pax) 

VK Zantop International Airlines (cgo) 

VM Regional Airlines 

VN Vietnam Airlines 

VO Viking International (Eagle) 

VP VASP 

VQ Oxley Airlines 

VR Transportes Aereos de Cabo Verde 

VS Virgin Atlantic Airways


VT Air Tahiti 

VU Air Ivoire 

VV Flexair 

VW Transportes Aeromar 

VX ACES 

VZ Aquatic Airways 

W 

WA Newair 

WB SAN 

WC Islena Airlines 

WE Rheintalflug Seewald (pax) 

WE Challenge Air Cargo (cgo) 

WF Wideroe's Flyveselskap 

WG Taiwan Airways 

WI Rottnest Airbus(pax) 

WI Tradewinds International (cgo) 

WJ Labrador Airways 

WL Aeroperlas 

WM Windward Islands Airways International 

WN Southwest AIrlines 

WO Polarwing 

WP Aloha Islander 

WQ Service Aerien Francais 

WR Royal Tongan Airlines 

WS Westates Airlines 

WT Nigeria Airways 

WV Southern Airlines 

WX Ansett Express 

WY Oman Aviation Services 

WZ B.A.S.E. Business A. 

X 

XC Air Caribbean 

XE South Central Air 

XF Sky Bus Express 

XG Alsavia 

XJ Mesaba Airlines 

XK Compagnie Aerienne Corse Mediterranee 

XL Country Connection A. 

XO Xinjiang Airlines 

XQ Action Airlines 

XT Air Exel Netherlands 

XU Aerovias S.A. 

XW Walkers International 

XX Aeronaves del Peru 

XY Ryan Air (Alaska) 

XZ Eastair (Iceland) 

Y 

YC Flight West Airlines 

YE Grand Canyon A. 

YI Air Sunshine 

YJ National Airlines 

YK Cyprus Turkish A. 

YL Long Island A.


YN Air Creebec 

YO Heli Air Monaco 

YQ Helikopterservice AB 

YR Scenic Airlines 

YS Proteus 

YT Skywest AIrlines 

YU Dominair 

YV Mesa Airlines 

YW Stateswest Airlines 

YX Midwest Express A. 

YZ Transportes Aereos da Guine Bissau 

Z 

ZA Zas Airlines 

ZB Monarch Airlines 

ZC Royal Swazi National A 

ZD Ross Aviation 

ZE Arcus Air Logistic 

ZF Airborne of Sweden 

ZG Sabair Airlines 

ZH Turk Hava Tasimaciligi 

ZI Aigle Azur 

ZJ Teddy Air 

ZL Hazelton Air Services (pax) 

ZL Affretair (pvt.)(cgo) 

ZM Scibe-Airlift 

ZN Key AIrlines 

ZO Mohawk Airlines 

ZP Virgin Air 

ZQ Ansett New Zealand 

ZR Muk Air 

ZS Hispaniola Airways 

ZT SATENA 

ZU Freedom Air(pax) 

ZU Aerovias Colombianas (cgo) 

ZV Air Midwest 

ZW Air Wisconsin 

ZX Air B.C. 

ZY Ada Air 

2 

2D Southeast Airlines 

2E Markair Express 

2F Frontier Flying Service 

2J Majestic AIrlines 

2K Kitty Hawk Airways 

2L Alberni Airways 

2P Prairie Flying Service 

2Q Letaba Airways 

2S Island Express 

2U Air Caraibes (Dominica) 

2V Northeast Express 

2W Wairarapa Airlines 

2Y Koyukon Air 

2Z Servicios Aereos Litoral 

3


3A Alliance Airliens 

3B Borinqueen Air 

3C Camai Air 

3E Northwestern Air Lease 

3G Virgin Island Seaplane Shuttle 

3J Air Alliance 

3K tatonduk Flying Service 

3L West Isle AIr 

3M GulfstreamInternational 

3N Airvantage 

3P Equator Airlines 

3R Macair 

3S Shuswap Flight Center 

3T Contact Air 

3V Waglisla Air 

4 

4B Olson Air Service 

4C AIRES 

4D Air Sinai 

4E Tanana Air Service 

4F Frontier Air Service 

4H Hanna's Air Saltspring 

4K Kenn Borek Air 

4L Air Alma 

4M Island Air 

4N Air North 

4Q Trans North Aviation 

4U Dorado Air 

4V Voyageur Airways 

4W Warbelow's Air Ventures 

4Y Yute Air Alaska 

5 

5A Alpine Aivation 

5B Bellair 

5C Conquest AIrlines 

5E Sky One Express 

5F Arctic Circle Air 

5K Kenmore AIr 

5N Connectair Charters 

5P Ptargmigan Airways 

5S Airspeed Aviation 

5T Aviacion del Noroeste 

5U Skagway Air Service 

5W Air San Juan Chartair 

5X United Parcel Service 

6 

6A AVIACSA 

6B Baxter Aviation 

6C Cape Smythe AIr Service 

6D Alaska island AIr 

6E Malmo/City Air 

6G Las Vegas AIrlines 

6H Trans AIr Cambodia


6J Southeast European A. 

6L Aktak Air Ltd. 

6M 40-Mile Air 

6P Aero Puma 

6Q Barrow Air 

6S Ketchikan Air Service 

6T Tyee Airways 

6V Air Vegas 

6W Wilderness Airline 

7 

7A Haines Airways 

7B Simpson Air 

7C Columbia Pacific Air 

7D Air Molokai 

7E Nepal Airways 

7F First Air 

7H ERA Aviation 

7J L.A.P.S.A. 

7K Larry's Flying Service 

7L Lake Union Air Service 

7M Aeromonterrey 

7N Air Manitoba 

7P APA International Air 

7R Redwing Airways 

7S Region Air 

7T Translift 

7V Alpha Air 

7W Air Sask Aviation 

7Y Albanian AIrliens 

8 

8B Baker Aviation Inc 

8E Bering Air 

8G GP Express Airlines 

8H Harbor Air Service 

8J Jetall 

8K Air Vitkovice 

8L Servicio Aereo Leo Lopez 

8M Skymaster 

8N Flagship AIrlines 

8P Pacific Coastal Airlines 

8R WRA, Inc. 

8S Salair 

8T Travelair 

8V Wright Air Service 

8W Burlington Air Express 

8Y Ecuato Guineana de Aviacion 

9 

9A Air Atlantic 

9B Intourtrans 

9E Express Airlines 

9F Skycraft Air TYransport 

9K Cape Air 

9L Colgan Air


9M Central Mountain Air 

9N Trans States Airlines 

9P Pelangi Air 

9Q Taquan Air Service 

9S Sabourin Lake Airways 

9T Athabaska Airways 

9V Air Schefferville 

9W Northwinds Northern 

9X Ontario Express 

9Y Yutana Airlines


Appendix 32-1 INS/FDL DOCUMENT ALERTS 

NUMBER TITLE COUNTRY DATE CODE 

95A-23 Counterfeit Tirana MRV Albania 6/8/95 95 

91A-29 Counterfeit Embossing Stamp Antigua 9/27/9191 

89A-31 Counterfeit Passport Argentina 8/25/8989 

94A-15 Counterfeit Yerevan USNIV Armenia 2/19/9494 

95A-14 Counterfeit Bahamas Passport Bahamas 2/26/9595 

89A-14 Chemically Altered Passport Bangladesh 1/31/8989 

94A-01 Photo-altered Dhaka MRV Bangladesh 10/20/93 94 

96A-14 Photo Sub Bangladesh Passport Bangladesh 2/8/96 96 

89A-12 Counterfeit Passport Barbados 12/30/88 89 

96A-08 Stolen Belgian Passports Belgium12/12/95 96 

86A-10 Counterfeit La Paz NIV Bolivia 86 

96A-05 Counterfeit Bosnian Passport Bosnia 12/1/9596 

89A-18 Counterfeit Passport Brazil 3/15/8989 

91A-06 Counterfeit Rio/Brasilia NIVs Brazil 11/27/90 91 

92A-18 Counterfeit Rio NIVs Brazil 6/30/9292 

93A-22 Counterfeit Sao Paulo NIVBrazil 3/9/93 93 

93A-33 Page Substituted Passport Brazil 6/24/9393 

94A-03 Counterfeit Rio NIV/Counterfoil 90Brazil 11/5/9394 

94A-18 Counterfeit Recife NIV Brazil 3/4/94 94 

94A-32 Counterfeit Recife NIV Brazil 9/16/9494 

86A-11 Counterfeit Citizenship Certificate Canada 86 

86A-12 Revised Immigration Documents Canada 86 

86A-19 New Citizenship Certificate Canada 86 

87A-04 Jamaica Document Fraud Canada 10/23/86 87 

87A-07 Counterfeit Visitor Visa (1) Canada 1/7/87 87 

87A-07 Counterfeit Visitor Visa (2) Canada 87 

88A-07 Genuine Winter Olympic ID Canada 11/13/87 88 

89A-09 Counterfeit IMM 1000 Canada 12/7/8889 

89A-24 Revised Visitor Visa Canada 6/2/89 89 

91A-23 Altered Passport Canada 7/22/9191 

93A-11 Counterfeit Citizenship Card Canada 12/24/92 93 

93A-19 New Visitor VisaCanada 2/20/9393 

93A-21 Counterfeit Passport Bio/Photo Page Canada 2/26/9393 

94A-30 Counterfeit Certificate of Citizenship Canada 9/1/94 94 

95A-34 Counterfeit Canadian Passport Canada 8/22/9595 

90A-18 Counterfeit Taiwan Embossing Stamp China 5/9/90 90 

91A-16 Photo Substituted Taiwan PassportChina 4/3/91 91 

93A-06 Counterfeit Guangzhou Immigrant Visa China 11/10/92 93 

93A-08 Counterfeit Beijing Nonimmigrant Visa China 11/24/92 93 

93A-28 Photo Substituted Beijing MRV China 5/20/9393 

94A-10 Counterfeit I-512s China 1/12/9494 

94A-12 Counterfeit U.S. NIV Plate 1063 China 2/2/94 94 

95A-12 Counterfeit Teslin MRV (U.S.) China 1/19/9595 

95A-13 Counterfeit Guangzhou MRV China 1/24/9595 

95A-18 Counterfeit Guangzhou U.S. Imm. Visa China 4/10/9595 

90A-29 Counterfeit Beijing NIV China 9/29/9090 

87A-13 Altered Passport Colombia 7/6/87 87 

89A-17 Counterfeit Passport Page Colombia 3/7/89 89 

89A-29 Photo Substituted Passport Colombia 7/18/8989 

90A-14 Counterfeit Passport PagesColombia 3/8/90 90 

90A-28 Counterfeit Bogota NIV Colombia 9/7/90 90


92A-10 Counterfeit Baranquilla NIV Colombia 2/12/9292 

93A-23 Counterfeit Passport Page Colombia 3/12/9393 

95A-27 Counterfeit Bogota MRV Colombia 6/27/9595 

87A-09 Counterfeit Passports Costa Rica 2/11/8787 

89A-19 Counterfeit Passport Costa Rica 3/30/8989 

87A-02 Altered Salida (Exit) Stamps Dominican Rep 10/21/86 87 

90A-16 Page Substituted Passport Dominican Rep 4/9/90 90 

92A-13 Fraudulent Passports Dominican Rep 3/13/9292 

93A-01 Page Substituted Passport Dominican Rep 10/1/9293 

93A-36 Photo Substituted Santo Domingo MRV Dominican Rep 7/29/9393 

94A-22 Counterfeit Santo Domingo MRV Dominican Rep 6/6/94 94 

94A-25 Photo Substituted Teslin MRVs Dominican Rep 7/8/94 94 

95A-26 Counterfeit Dominican Passport Pages Dominican Rep 6/20/9595 

93A-18 Photo Substituted Passport Ecuador2/19/9393 

94A-16 Counterfeit Ecuadorian Passport Ecuador2/23/9494 

96A-07 Altered Ecuadorian Passport Ecuador12/12/95 96 

89A-27 Page Substituted Passport Egypt 7/5/89 89 

92A-14 Counterfeit Alexandria NIV Egypt 4/28/9292 

92A-19 Restitched Passport Egypt 7/22/9292 

93A-07 Fraudulent Ministry Stamps Egypt 11/12/92 93 

95A-24 Counterfeit Cairo NIV Egypt 6/12/9595 

89A-28 Page Substituted Passport El Salvador 7/14/8989 

93A-26 Counterfeit Passport Bio/Photo Page El Salvador 4/12/9393 

93A-38 Page Substituted El Salvadoran PP El Salvador 8/24/9393 

95A-16 Page Substituted El Salvadoran PP El Salvador 3/3/95 95 

96A-13 Improved El Salvador Photo/Bio El Salvador 1/29/9696 

93A-37 Counterfeit Tallinn NIV Estonia 8/23/9393 

95A-38 Counterfeit French Passport France 9/22/9595 

91A-03 Counterfeit Travel Document Germany 10/26/90 91 

96A-25 Stolen Blank German Passports Germany 5/13/9696 

89A-26 Altered Passports (1) Ghana 6/26/8989 

93A-35 Counterfeit Greek Passport Greece 7/16/9393 

86A-17 New Archive Stamp Haiti 86 

87A-17 Counterfeit Birth Certificate Haiti 8/26/8787 

88A-13 Photo Substituted Passport Haiti 1/27/8888 

88A-29 Counterfeit I-688A Haiti 9/23/8888 

93A-16 Counterfeit Passport Honduras 1/21/9393 

88A-15 Counterfeit Hong Kong NIV Hong Kong 2/8/88 88 

89A-03 Photo Substituted Passport Hong Kong 10/17/88 89 

89A-16 Counterfeit Hong Kong NIV Hong Kong 2/15/8989 

88A-14 Page Substituted Passport India 2/1/88 88 

89A-01 Page Substituted Passport India 10/11/88 89 

90A-06 Counterfeit Bombay NIV India 12/4/8990 

90A-27 Counterfeit Passport India 8/31/9090 

91A-09 Counterfeit Passport/Laminate India 1/22/9191 

91A-15 Counterfeit New Delhi NIV India 4/2/91 91 

93A-12 Counterfeit Passport Laminate India 12/28/92 93 

94A-26 Counterfeit Bombay NIV India 7/18/9494 

86A-20 Iranian Dry SealsIran 86 

87A-10 Iranian PassportsIran 3/18/8787 

88A-10 Counterfeit Passport Iraq 12/17/87 88 

89A-25 Counterfeit Passport Iraq 6/16/8989 

95A-22 Counterfeit Israeli Passport Israel 5/26/9595 

92A-04 Counterfeit Passport Italy 11/13/91 92 

95A-09 Counterfeit Italian Passport Italy 12/15/94 95 

90A-17 Photo Substituted Passport Jamaica 5/4/90 90 

92A-09 Photo Substituted Passport Jamaica 2/4/92 92 

94A-11 Counterfeit Canadian Admission Stamp Jamaica 1/28/9494 

95A-29 Counterfeit Jamaican Passport Jamaica 7/19/9595


88A-19 Counterfeit Passport Japan 4/26/8888 

90A-12 Photo Substituted Passport Japan 1/25/9090 

90A-26 Counterfeit Passport Japan 8/24/9090 

94A-19 Page Substituted Japanese Passport Japan 3/29/9494 

96A-20 Photo Page Sub Japanese Passport Japan 4/5/96 96 

86A-21 Stolen Passports Jordan 86 

93A-10 Counterfeit Amman NIV Jordan 12/18/92 93 

95A-30 Counterfeit Phnom Penh NIV Kampuchea 7/20/9595 

87A-05 Counterfoil Fraud Korea 10/27/86 87 

88A-17 Counterfeit Seoul NIV Korea 2/8/88 88 

90A-02 Counterfeit Seoul NIV Korea 10/18/89 90 

90A-22 High Quality Seoul NIV Korea 7/18/9090 

92A-11 Altered Passport Korea 2/14/9292 

88A-01 Counterfeit Passport Lebanon10/7/8788 

88A-21 Page Substituted Passport Lebanon5/17/8888 

89A-33 Page Substituted Passport Lebanon9/8/89 89 

92A-23 Altered Passport Lebanon9/15/9292 

89A-R1 Liberian Supporting Documentation Liberia 2/1/89 89 

87A-15 Counterfeit Passport Libya 8/13/8787 

91A-19 Counterfeit Kuala Lumpur NIV Malaysia 5/31/9191 

86A-05 Ficticious Country Maori Kingdom of Tetiti 86 

88A-23 Counterfeit Passport Mexico 6/7/88 88 

88A-24 Counterfeit Border Crossing Card Mexico 6/9/88 88 

92A-08 Fraudulently Obtained Passport Mexico 1/5/92 92 

94A-06 Counterfeit Border Crossing Card Mexico 11/29/93 94 

95A-25 Counterfeit Hermosillo BCC Mexico 6/19/9595 

96A-22 Page Substituted Mexican Passport Mexico 4/30/9696 

87A-03 Stolen Passports Morocco 10/22/86 87 

88A-04 Counterfeit Passport Morocco 10/20/87 88 

88A-11 Altered Passport Netherlands 1/18/8888 

91A-13 Page Substituted Passports Netherlands 3/20/9191 

96A-10 Counterfeit Netherlands Passport Netherlands 12/22/95 96 

96A-17 Altered Netherlands Passport Netherlands 3/19/9696 

86A-13 Counterfeit Managua NIV Nicaragua 86 

89A-26 Altered Passports Nigeria 6/26/8989 

90A-05 Counterfeit Authenticating Stamps Nigeria 11/27/89 90 

92A-16 Photo Substituted Passport Nigeria 6/5/92 92 

93A-32 Counterfeit Passport PagesNigeria 6/18/9393 

95A-28 Altered Nigerian PassportNigeria 7/7/95 95 

95A-36 Page Substituted Nigerian Passports Nigeria 9/7/95 95 

86A-08 Counterfeit Karachi NIV Pakistan86 

88A-16 Counterfeit Dhaka NIV Pakistan2/11/8888 

88A-27 Page Substituted Passport Pakistan8/29/8888 

89A-05 Counterfeit Lahore NIV Pakistan10/28/88 89 

89A-22 Counterfeit Karachi NIV Pakistan5/18/8989 

90A-09 Counterfeit Abu Dhabi NIV Pakistan12/28/89 90 

90A-15 Counterfeit Dhaka NIV Pakistan3/23/9090 

90A-21 Counterfeit Lahore NIV Pakistan6/19/9090 

93A-31 Counterfeit Karachi NIV Pakistan6/17/9393 

94A-09 Counterfeit U.S. MRV Pakistan1/10/9494 

96A-11 Photo-subbed Islamabad USNIV Pakistan12/29/95 96 

96A-26 Counterfeit Karachi Teslin MRV Pakistan5/24/9696 

91A-02 Altered Passport Panama 10/10/90 91 

91A-22 Subbed Passport Insert & Photo Card Panama 9/26/9191 

86A-09 Counterfeit Lima NIV Peru 86 

91A-20 Counterfeit Passport PagesPeru 6/3/91 91 

94A-20 Page Substituted Peruvian PassportPeru 4/29/9494 

88A-25 Altered Passport Philippines 6/30/8888 

89A-07 Counterfeit Manila NIV Philippines 11/14/88 89


89A-08 Page Substituted Passport Philippines 11/28/88 89 

89A-13 Counterfeit Passport Page Philippines 1/10/8989 

93A-04 Page Substituted Passport Philippines 10/26/92 92 

93A-06 Counterfeit Manila Immigrant Visa Philippines 11/10/92 93 

93A-39 Counterfeit U.S. Immigrant Visa Philippines 9/13/9393 

94A-14 Page Substituted Philippine Passport Philippines 2/10/9494 

94A-31 Counterfeit Manila MRV Philippines 9/15/9494 

94A-05 Counterfeit Warsaw NIV Poland 11/15/93 94 

95A-04 Page Substituted Polish Passport Poland 10/28/94 95 

88A-05 Stolen Passports Portugal10/7/8788 

90A-04 Counterfeit Passport Portugal11/17/89 90 

93A-20 Counterfeit Passport Portugal2/25/9393 

94A-07 Page Substituted Portugese Passport Portugal12/10/93 94 

87A-18 Fantasy Passport Rhodesia 9/28/8787 

86A-15 New Passport and ID Documents Singapore 86 

90A-23 Counterfeit Passport Singapore 8/7/90 90 

91A-12 Counterfeit Singapore NIVSingapore 3/12/9191 

93A-05 Counterfeit Passport Singapore 11/5/9293 

93A-08 Counterfeit Singapore Nonimm. Visa Singapore 11/24/92 93 

94A-02 Counterfeit Singapore NIVSingapore 10/29/93 94 

96A-06 Counterfeit Singaporean Passports Singapore 12/5/9596 

91A-11 Counterfeit Passport Sri Lanka 2/28/9191 

86A-18 Counterfeit Passport Sudan 86 

96A-19 Misuse of Swedish Passports Sweden 3/29/9696 

90A-19 Counterfeit Passport Syria 5/25/9090 

93A-29 Counterfeit Passport Bio/Photo Page Taiwan 6/1/93 93 

94A-24 Counterfeit Taiwan Passport Taiwan 7/5/94 94 

87A-06 Improved Counterfeit Bangkok NIV Thailand 11/4/8687 

89A-04 Counterfeit Bangkok NIV Thailand 10/26/88 89 

90A-13 Counterfeit Bangkok NIV Thailand 2/8/90 90 

95A-32 Counterfeit Bangkok NIV Thailand 8/12/9595 

96A-09 Counterfeit Trinidad Laminate Trinidad 12/19/95 96 

88A-088 Counterfeit Passport Trinidad & Tobago 11/26/87 88 

93A-27 Page Substituted Passport Trinidad & Tobago 4/15/9393 

87A-08 Lost Stolen Passports Tunisia 1/13/8787 

92A-12 Counterfeit Passport Turkey 2/18/9292 

88A-06 Stolen Passports & Issuing Stamp United Kingdom 11/3/8788 

89A-11 Page Substituted Passport United Kingdom 12/20/88 89 

89A-23 Counterfeit Passport United Kingdom 5/30/8989 

93A-03 Photo Substituted Passport United Kingdom 10/15/92 93 

94A-21 Page Substituted UK Passport United Kingdom 5/10/9494 

96A-27 Counterfeit Passport PagesUnited Kingdom 6/3/96 96 

86A-02 Birth Documents United States 86 

86A-03 Counterfeit California Dry Seal United States 86 

86A-04 New Style Signature Slug United States 86 

86A-06 Counterfeit Reentry PermitUnited States 86 

86A-07 Counterfeit I-444 United States 86 

86A-16 Photo Substituted Passport United States 86 

87A-11 Counterfeit Legalization Documents United States 4/30/8787 

87A-12 Modified Passport United States 6/25/8787 

87A-14 Altered Passport United States 8/13/8787 

88A-02 Photo Sub Machine Readable Passport United States 10/23/87 88 

88A-03 Counterfeit I-551 United States 10/23/87 88 

88A-09 Counterfeit I-551 United States 12/9/8788 

88A-20 Revised Naturalization Certificate United States 3/14/8888 

88A-22 Machine Readable NIV United States 5/19/8888 

88A-26 Counterfeit INS Fee Receipt United States 8/5/88 88 

88A-28 Photo Substituted I-551 United States 9/14/8888 

88A-18 Revised Puerto Rico Birth Cert. United States 3/14/8889



89A-06 Page Sub Machine Readable Passport United States 11/3/8889 

89A-10 Counterfeit Counterfoil United States 12/9/8889 

89A-15 California Cert of Vital Records United States 2/10/8989 

89A-20 Counterfeit H Counterfoil United States 4/21/8989 

89A-21 Machine Readable NIV United States 5/4/89 89 

89A-30 Revised Form I-551 United States 7/31/8989 


89A-34 Counterfeit Laminate I-688/688A United States 9/19/8989 

89A-35 Photo Substituted Passport United States 9/27/8989 

90A-01 Revised Machine Readable NIV United States 10/2/8990 


90A-R1 Selected Travel Documents United States 11/20/89 90 

90A-07 Counterfeit Puerto Rico Birth Cert United States 12/14/89 90 

90A-08 EAD (Employment Auth Doc.)I-688B United States 12/18/89 90 

90A-11 Page Substituted Passport United States 1/6/90 90 

90A-10 Counterfeit Immigrant Visa United States 1/12/9090 

90A-20 Counterfeit Reentry PermitUnited States 6/4/90 90 

90A-24 Counterfoil 90 United States 8/10/9090 

90A-25 New Passport Laminate United States 8/17/9090 


91A-04 Countefeit Lady Liberty Counterfoil United States 11/7/9091 

91A-05 Counterfeit Counterfoil 90 United States 11/14/90 91 

91A-07 Photo Substituted Passport United States 12/12/90 91 

91A-08 Counterfeit Refugee Travel Document United States 1/15/9191 


91R-01 Fraudulent Legalization Cards United States 3/1/91 91 

91A-14 Counterfeit XMA I-688 United States 3/22/9191 

91A-17 Counterfeit Revised I-551 United States 5/13/9191 


91A-21 Counterfeit Military ID Card United States 6/21/9191 

91A-22 Counterfeit Transportation Letter United States 7/8/91 91 

91A-24 Counterfeit Machine Readable NIV United States 7/26/9191 

91A-25 Photo Substituted Revised I-551 United States 8/23/9191 

91A-26 Counterfeit Passport Laminate United States 9/16/9191 

91A-27 Counterfeit Immigrant Visa United States 9/17/9191 

92A-01 Excellent Counterfeit I-551/586 United States 10/7/9192 


92A-03 Revised I-586 United States 10/22/91 92 

92A-05 High Quality Counterfeit Counterfoil 90 United States 11/22/91 92 

92A-06 Photo Sub Machine Readable NIV United States 12/4/9192 

92A-07 Counterfeit Revised I-551 United States 12/20/91 92 

92A-15 Modified I-551 United States 5/21/9292 

92A-20 Page Substituted Passport United States 8/14/9292 


92A-22 I-688B Extension Sticker United States 9/1/92 92 

92A-24 Altered I-551 United States 9/24/9292 

93A-02 Counterfeit I-688B United States 10/9/9293 

93A-09 Altered Machine Readable NIV United States 12/8/9293 

93A-13 Counterfeit Passport United States 1/5/93 93 


93A-15 Border Crossing Card/Visa United States 1/20/9393 

93A-17 Counterfeit Virginia Birth Cert. United States 2/8/93 93 

93A-24 Counterfeit Reentry PermitUnited States 3/23/9393 

93A-25 New Passport United States 4/5/93 93 

93A-34 New Machine Readable NIV (MRV) United States 7/5/93 93 

93A-40 New Reentry Permit Refugee Trav. United States 9/28/9393 

94A-04 INSPASS United States 11/12/93 94 

94A-08 Counterfeit I-688B United States 1/7/94 94


94A-13 Rev Notice of Action INS Form I-797 United States 2/7/94 94 

94A-17 United States Passport 1994 United States 3/2/94 94 


94A-27 Counterfeit Alien Registration Card United States 7/27/9494 

94A-29 New U.S. Military ID Cards United States 8/25/9494 

95A-03 U.S. Passport Guide United States 10/5/9495 


95A-03 Modified Puerto Rican Birth Cert. United States 10/27/94 95 

95A-05 New UV Feature in I-688 Film United States 11/22/94 95 

95A-06 Counterfeit U.S. Immigrant Visa United States 12/7/9495 

95A-07 Revised U.S. Reentry Permit United States 12/8/9495 

95A-08 INS Form I-797 Notice of Action United States 12/14/94 95 

95A-10 Photo Substituted U.S. Passport United States 1/12/9595 

95A-11 Chemically Altered Teslin MRV United States 1/13/9595 


95A-17 Separating Laminates in U.S. Passport United States 3/21/9595 

95A-19 New U.S. Merchant Mariner's Document United States 4/18/9595 

95A-20 Counterfeit U.S. Passport United States 4/28/9595 

95A-21 Modified EAD Form I-688B United States 4/29/9595 

95A-31 Counterfeit U.S. Reentry Permit United States 8/11/9595 

95A-33 Revised EAD Form I-688BUnited States 8/14/9595 

95A-35 Chemically Altered Teslin MRV United States 8/25/9595 

95A-37 Page Substituted U.S. Passports United States 9/20/9595 

95A-39 New Reentry Permit Laminate United States 9/23/9595 

96A-01 Counterfeit NYC Trenton Birth Certificate United States 10/16/95 96 

96A-02 Modified Teslin MRV United States 10/17/95 96 

96A-03 Excellent Quality Counterfeit I-551 United States 11/2/9596 

96A-12 Defects in Genuine Teslin MRV United States 1/26/9696 

96R-01 California Birth Records United States 2/14/9696 

96A-15 Counterfeit Guangzhou Teslin MRV United States 2/29/9696 

96A-16 Counterfeit California Birth Abstract United States 3/8/96 96 

96A-18 Counterfeit White I-551 United States 3/20/9696 

96A-21 Olympic Identity Card United States 4/19/9696 

96A-23 Photo Substituted Teslin MRV United States 5/10/9696 

96A-24 Photo Substituted Reentry Permit United States 5/13/9696 

96A-28 Page Substituted U.S. Passport United States 6/5/96 96 

92A-17 Counterfeit Passport Uruguay 6/23/9292 

86A-14 Counterfeit Caracas NIV Venezuela 86 

87A-16 Stolen Passports Venezuela 8/25/8787 

93A-30 Cover Substituted Passport Venezuela 6/8/93 93 

96A-04 Altered Venezuelan Passports Venezuela 11/6/9596 

94A-28 Page Substituted Venezuelan Passport Venezuela 8/19/94 

88A-12 Counterfeit Passport West Germany 1/22/8888 

95A-01 Counterfeit Belgrade NIV Yugoslavia 10/13/94 95 

87A-01 Bogus Travel Documents 10/20/86 87


Appendix 32-2 FDL Slide Programs 

The following slide programs are available from the INS Forensic Document Laboratory for use by local offices 

in training programs. 

1-1 Basic Passport Examination 

1-2 3M "Confirm" Security Laminates 

2-1 Alien Registration Cards - Form I-151 

(for INS and DOS use only) 


(for other law enforcement agencies) 


(for other than law enforcement entities) 





3-3 ADIT Stamps 



4-1 Revised Alien Registration Cards - Form I-551 






5-1 Legalization Documents - Forms I-688 and I-688A 


5-2 Legalization Documents - Forms I-688 and I-688A 


5-3 Legalization Documents - Form I-688 and I-688A 


5-4 Employment Authorization Document(EAD) - Form I-688B 


5-5 Employment Authorization Document(EAD) - Form I-688B 


5-6 Employment Authorization Document EAD) - Form I-688B 

(for other than law enforcement entities)


6-1 Social Security Cards 

7-1 U.S. Passport 1993 






7-4 U.S. Passports prior to 1993 


7-5 U.S. Passports 

(for other law enforcement agencies 

8-1 U.S. Reentry Permit(I-327) and Refugee Travel Document(I-571) (for INS and DOS use only) 

8-2 U.S. Reentry Permit(I-327) and Refugee Travel Document(I-571) (for other law enforcement agencies) 

9-1 U.S. Nonimmigrant Visa ("C" Plate) 


9-2 Machine Readable U.S. Nonimmigrant Visa (MRV) - Paper Version (for INS and DOS use only) 

9-3 Machine Readable U.S. Nonimmigrant Visa (MRV) - Paper Version (for other law enforcement 

agencies) 

9-4 Machine Readable U.S. Nonimmigrant Visa (MRV) - Teslin Version (For INS and DOS use only) 

9-5 Machine Readable U.S. Nonimmigrant Visa (MRV) - Teslin Version (for other law enforcement 

agencies) 

10-1 Canadian Passports and Travel Documents 

10-2 Canadian Passport 1993 

10-3 Canadian Citizenship Cards 

10-4 Canadian IMM 1000 

10-5 Canadian Permanent Resident Card 

10-6 Canadian Documents 

11-1 Vital Statistic Documents 

12-1 "Mica" 

13-1 Revised Border Crosser Card - Form I-586 

14-1 Border Crosser Card - Form I-586 


15-1 Border Crosser Card - Form I-186 


16-1 "Burroughs" Border Crosser Cards (BCC)



17-1 Olympic Identity Card


ppendix 32-3 INTERPOL- International Criminal Police Organization 

(ICPO) 

Member Country List 

Country National Central Bureau/Sub-Bureaus* 

Albania Tirana 

Algeria Alger 

Andorra Andorra 

Angola Luanda 

Anguilla* Anguilla 

Antigua and Barbuda St. Johns 

Argentina Buenos Aires 

Armenia Erevan 

Aruba Oranjestad 

Australia Canberra 

Austria Vienna 

Azerbaijan Baku 

Bahamas Nassau 

Bahrain Bahrain 

Bangladesh Dhaka 

Barbados, W.I Bridgetown 

Belarus Minsk 

BelgiumBruxelles 

Belize Belize 

Benin Cotonou 

Bermuda* Bermuda 

Bolivia La Paz 

Bosnia Herzegovia Sarajevo 

Botswana Gaborone 

Brazil Brasilia 

British Virgin Islands Tortola 

Brunei Dar Es Salaam 

Bulgaria Sofia 

Burkina Faso (Upper Volta) Quagadougou 

BurundiBujumbura 

Cambodia Phnom-Penh 

Cameroon Yaounde 

Canada Ottawa 

Cape Verde Praia 

Cayman Islands*Grand Cayman 

Central African Republic Bangui 

Chad N'Djamena 

Chile Santiago 

China Beijing 

Colombia Bogota 

Congo Brazzaville 

Costa Rica San Jose 

Cote D'Ivoire Abidjan 

Croatia Zagreb 

Cuba Havana 

Cyprus Nicosia


Czechoslovakia Prague 

Denmark Copenhagen 

Djibouti Djibouti 

Dominica Roseau 

Dominican Republic Santo Domingo 

Egypt Cairo 

EcuadorQuito 

El Salvado San Salvador 

Equatorial Guinea Malabo 

Estonia Tallinn 

EthiopiaAddis Ababa 

Fiji Suva 

Finland Helsinki 

France Paris 

Gabon Libreville 

Gambia Banjul 

Georgia Tbilisi 

Germany Wiesbaden 

Ghana Accra 

Gibraltar* Gibraltar 

Greece Athene 

Grenada St. George's 

Guatemala Guatemala City 

Guinea Conakry 

Guinea-Bissau Guinea Bissau 

Guyana Georgetown 

Haiti Port au Prince 

Honduras Tegucigalpa 

Hong Kong* Hong Kong 

Hungary Budapest 

Iceland Reykjavik 

India New Delhi 

Indonesia Jakarta 

Iraq Baghdad 

Iran Tehran 

Ireland Dublin 

Israel Jerusalem 

Italy Rome 

Jamaica Kingston 

Japan Tokyo 

Jordan Amman 

Kazakhstan Alma-Ata 

Kenya Nairobi 

Kiribati Tarawa 

Korea Seoul 

Kuwait Kuwait City 

Laos Vientiane 

Latvia Riga 

Lesotho Maseru 

LebanonBeyrouth


Liberia Monrovia 

Libya Tripoli 

Liechtenstein Vaduz 

Lithuania Vilnius 

Luxembourg Luxembourg 

Macao* Macao 

Madedonia (former Yugoslav Rep.)Skopje 

Madagascar Antananarivo 

Malaysia Kuala Lumpur 

Malawi Lilongwe 

Maldives Male 

Mali Bamako 

Malta Floriana 

Marshall IslandsMajuro 

Mongolia U Laanbaatar 

Morocco Rabat 

Mauritius Port Louis 

Mauritania Nouakchott 

Mexico Mexico City 

Monaco Monaco 

Montserrat* Plymouth 

Mozambique Maputo 

Myanmar Yangon 

Namibia Namibia 

Nauru Nauru 

Nepal Kathmandu 

The Netherlands Lahaye (The Hague) 

Netherlands Antilles Willemstad (Curacao) 

Nicaragua Managua 

Niger Niamey 

Nigeria Lagos 

NorwayOslo 

New Zealand Wellington 

Oman Muscat 

PakistanIslamabad 

Panama Panama 

Papua-New Guinea Konedobu (Port Moresby) 

Paraguay Asuncion 

Peru Lima 

Philippines Manila 

Poland Warsaw 

PortugalLisbon 

Puerto Rico* San Juan 

Qatar Doha 

Romania Bucarest 

RwandaKigali 

Saint Lucia Castries 

Saint Kitts & Nevis Basseterre 

St. Vincent & the Grenadines Kingstown 

Samoa (American)* Samoa (Pago Pago) 

Sao Tome and Principe Tome 

Saudi Arabia Riyadh


Senegal Dakar 

Seychelles Victoria (Mahe) 

Sierra Leone Freetown 

Singapore Singapore 

Slovakia Bratislava 

SloveniaLjubljana 

SomaliaMogadishu 

South Africa Pretoria 

Spain Madrid 

Sri Lanka Colombo 

Sudan Khartoum 

SurinamParamaribo 

Swaziland Mbabane 

Sweden Stockholm 

Switzerland Berne 

Syria Damas 

Tanzania Dar Es Salaam 

Thailand Bangkok 

Togo Lome 

Tonga Tonga 

Trinidad and Tobago Trinidad 

Tunisia Tunis 

Turkey Ankara 

Turks and Caicos* Turks 

Uganda Kampala 

Ukraine Kiev 

United Arab Emirates Abu Dhai 

United Kingdom London 

United States Washington 

U.S.S.R. Moscow 

U.S. Virgin Islands* St. Thomas 

Uruguay Montevideo 

Venezuela Caracas 

VietnamHanoi 

Yemen Sanaa 

Yugoslavia Belgrade 

Zaire Kinshasa 

Zambia Lusaka 

Zimbabwe Harare


ppendix 42-1 TWOV Contract Carriers -- Signatory to 

Form I-426 Agreement (Revised April 1997) 

A 

Achille Lauro -- Armatore, Naples, Italy. 

Aerlinte Eireann Teoranta (Irish Air Lines). 

Aero Coach Aviation International, Inc. 

Aero Costa Rica (Added 6/9/95; 60 FR 30457) 

Aeroflot Russian International Airlines(Added 6/9/95; 60 FR 30457) 

Aerolineas Argentinas. 

Aerolineas Centrales De Columbia (ACES) 

Aerolineas INI and CIA S.A. 

Aerolineas Nicaraguenses, S.A. (Aeronica). 

Aerolineas Peruanas, S.A. 

AeroPeru (see Empresa de Transporte Aereo del Peru). 

Aeroposta, S.A. 

AeroTours Dominicano Airlines. 

Aerovias Condor de Colombia Ltda. 

Aerovias de Mexico, S.A. de C.V. (Added 6/9/95; 60 FR 30457) 

Aerovias Interamericanas de Panama, S.A. (Aerovias Panama Airways). 

Aerovias Nacionales de Colombia (AVIANCA). 

Aerovias Quis-queyana. 

Air Afrique. 

Air Aruba. 

AirBC Limited. 

Air Belgium. 

Air B.V.I. Ltd. 

Air Canada. 

Air Club International Inc. 

Air Columbus. 

Air Espana (dba Air Europa) 

Air Florida 

Air Gambia Limited. 

Air-India International Corp. 

Air Jamaica (1968) Ltd. 

Air Manila, Inc. 

Air Micronesia, Inc. 

Air Nauru. 

Air New Zealand, Ltd. 

Air One, Inc. 

Air Pacific, Inc. 

Air Pacific, Ltd. 

Air Panama Internacional. 

Air Siam Air Company, Ltd. 

Air Specialties Corp. d.b.a. Total Air. 

Air Tungaru Corp. 

Air West, Inc. 

Alaska Airlines, Inc. 

`ÀLCIONE'', Soc. di Navigazione p. A., Palermo. 

Alfred C. Toepfer Schiffahrtsgesellschaft M.B.H. 

ALIA -- The Royal Jordanian Airline. 

All Islands Air Taxi, Inc. 

Alliance Air. 

ALM-Dutch Antillean Airlines. 

Aloha Airlines, Inc.


American Airlines, Inc. 

American Banner Lines, Inc. 

American Export Lines, Inc. 

American Flyers Airline Corp. 

American International Airways, Inc. 

American President Lines, Ltd. 

American Trans Air, Inc. 

ANA All Nippon Airways. 

Antone Sylvester Tug Services, Inc. 

AREA, Aerovias Ecuatorianas C. Ltda. 

`ÀRETUSA'', Soc. di Navigazione p. A., Palermo. 

Argonaut Airways Corp. 

Arista International Airlines, Inc. 

Arosa Line, Inc., ``Panama.'' 

Arrow Airways, Inc. 

Asiana Air. 

Aspen Airways (dba United Express) 

Athina Maritime Co., Ltd. 

Atlantic Air BVI. 

Atlantic Freighters, Ltd. 

Atlantic Gulf Airlines. 

Atlantic Oil Carriers, Ltd. 

Atlantic Tankers, Ltd. 

Atlantis Airlines, Ltd. 

AUA Austrian Airlines. 

Aviateca, S.A. 

Aviation Services, Ltd. dba Freedom Air. 

Aviacion Y Comercio, S.A. (Aviaco Airlines). 

B 

BAHAMASAIR. 

Bahamas Airways, Ltd. 

Balair AG. 

Balkan Bulgarian. 

Barber-Wilhelmsen Line, F.M.C. No. 7489 (Barber Steamship Lines, Inc., U.S.A. General Agents). 

Belize Airways, Ltd. 

Blue Star Line, Inc., The. 

Braniff Airways, Inc. 

Brazalian International Airlines (Real-Aerovias Brazil, S.A.). 

Britannia Airways Limited. 

British Airways (British Airways Board). 

British Caledonian Airways Limited 

British Car Carriers, Ltd., and Nerdrum Lines. 

British Midland Airways, Ltd. 

British West Indian Airways, Ltd. 

Brodin Line. 

BWIA International. 

C 

Canadian Airlines International, Ltd. 

Canadian National Railway Co. 

Canadian Pacific Air Lines, Ltd. 

Canadian Pacific Railway Co. 

Capitol Airways, Inc. 

Caribbean Atlantic Airlines, Inc. 

Caribbean Express, Inc. 

Caribbean International Airways, Ltd.


Catamaran Cruiselines 

Cathay Pacific Airways, Ltd. 

Cayman Airways, Ltd. 

Ceskoslovenske Aerolinie (Czechoslovak Airlines) 

Chandris America Lines Inc., as general agents for: Okeania S.A. (Australis), 

Chandris America Lines S.A. (Amerikanis), Australian Line S.A. (Ellinis), and Themistocles Nav. S.A. (Queen 

Frederica). 

Challenge International Airlines. 

Chandris (USA) Inc., as agents for Chandris Lines. 

Chandris (USA) Inc., as agents for Mariblanca Navegacion S.A. and 

Compania Panamena Europea Navegacion Ltda. S.A. 

China Airlines, Ltd. 

China Merchants Steam Navigation Co., Ltd. 

China Navigation Co. Ltd., The 

China Union Lines, Ltd. 

Compagnia Genovese di Armemento 

Compagnie Generale Transatlantique (French Line). 

Compagnie Nationale Air France. 

Companhia Colonial de Navegacao. 

Compania Cubana de Aviacion, S.A. 

Compania Dominicana de Aviacion, C. por A. 

Compania Mexicana de Aviacion, S.A. (CMA). 

Companhia Nacional de Navegacao, S.A.R.L. 

Compania Nacional de Turismo Aereo Limitada. 

Compania Panamena de Aviacion S.A. (COPA). 

Compania Transatlantica Espanola, S.A. 

Condor Flugdienst GmbH. 

Continental Air Lines, Inc. 

Continental/Air Micronesia. 

Cunard Steamship Company, Ltd. 

D 

Daido Kaiun Kaisha, Ltd., (Daido Line). 

Daiwa Navigation Co., Ltd., The. 

Dan-Air Services, Ltd. 

Delaware and Hudson Railroad Corp. 

Delta Air Lines, Inc. 

A. Demades & Owners -- SS AXIOS 

Den Norske Amerikalinje A/S (See Norwegian America Line). 

Ditlev-Simonsen Lines. 

Dominair. 

Dominion Far East Line (Hong Kong) Ltd. 

Dominion Navigation Co., Ltd. 

Donaldson International Airways. 

Dorado Wings. 

E 

East African Airways. 

Egyptair. 

El Al Israel Airlines. 

"ELIOS", Soc. di Navigazione p. A., Palermo. 

Ellerman's Wilson Line, Ltd. 

Empresa Ecuatoriana de Aviacion. 

Empresa de Transporte Aereo del Pero (Aero-Peru). 

S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines). 

Empresa Guatemalteca de Aviacion. 

Epirotiki Lines, Inc. 

"Erice" Soc. di Navigazione p.A., Palermo.


Eugenie Maritime Co., Ltd. 

Europe-Canada Line. 

Eva Air. 

Evergreen International Airlines, Inc. 

Executive Air Charter. 

EXPRINTER (SUCRS, S.A.). 

F 

Facilities Management Corp. 

Faucett Peruvian Airlines 

Fern-Ville Lines. 

Fiesta Cruise Lines, Inc. 

Finnair Oy. 

Five Star Airlines. 

Florida Air. 

Flugfelag Islands, H.F. (Iceland Airways). 

Flying Tiger Line Inc., The 

Furness-Withy and Co., Ltd. 

G 

Garuda Indonesia. 

General Airways, Inc. 

General Steam Navigation Co., Ltd., of Greece -- Greek Line. 

German Atlantic Line (North German Lloyd Passenger Agency, Inc., for). 

Giacomo Costa fu Andrea (Linea ``C''), Genoa. 

Global Chartering & Brokerage Co., Inc. 

Globe Air Ltd. Basel, Switzerland. 

Great Eastern Line. 

Gray Coach Lines, Ltd. 

Grey Goose Bus Lines, Ltd. 

Greyhound Lines-East, Division of Greyhound Lines, Inc. 

Grimaldi Siosa Lines Joint Service. 

Gulf Air (Added 6/9/95; 60 FR 30457) 

Guest Aerovias Mexico, S.A. 

Guy-America Airways, Inc. 

Guyana Airways Corp. 

H 

Haiti Air. 

Hamburg American Line. 

Hapag/Lloyd A.G./North German Lloyd Passenger Agency, Inc. 

Harbor Airlines, Inc. 

Hawaiian Airlines. 

Holland-America Line. 

Home Lines Agency Inc., as agent for Home Lines Inc. 

Horizon Airlines Industries, Inc. 

Horn-Linie. 

Hugo Stinnes Transozean Schiffahrts, gmbh, Mulheim-Ruhr, Germany. 

I 

Iberia Air Lines of Spain. 

Iberia Lineas Aereas Espansolas. 

Icelandic Airlines, Inc. (Loftleidir, H.F.). 

Iiho Kaium Kaisha, Ltd. 

Indo-China Steam Navigation Co., Ltd., The.


Inexadria Airways. 

Intercontinental, U.S., Inc. 

International Aircraft Services, Inc. 

International Airlines, Inc. 

Interocean Airways, S.A., Luxembourg. 

Iran National Airlines Corporation. 

Island Aviation Incorporated. 

Italian Line, `Ìtalia'' Societa per Azioni di Navigazione, Genoa. 

J 

Jadrolinija Steamship Co. 

Japan Airlines. 

Japan Airlines Co., Inc. 

Jat-Yugoslav Airlines. 

J.D. Valenciana De Aviacion. 

Jugoslavenska Linijska Plovidba and/or Jugolinija. 

K 

Kambara Kisen Co. Ltd. 

Kawasaki Kisen Kaisha, Ltd. 

KIWI International Airlines. 

Klaveness Line. 

Koninklijke Luchtvaart Maatschappij N. V. (K.L.M. Royal Dutch Airlines). 

Korea Shipping Corp., Ltd., Seoul, Korea. 

Korean Air Lines Co., Ltd. 

Kulukundis Shipping Agency, Inc. 

Kuwait Airways Corporation. 

L 

Laeisz, F., Hamburg, Germany. 

Laker Airways Limited. 

Lauretizen, J. 

Leeward Islands Air Transport Services (LIAT). 

Leisure International Airways. 

Linea Aerea del Cobre, S.A. ``LADECO''. 

Linea Aerea Nacional, Chile. 

Linea Aeropostal Venezolana (LAV). 

Lineas Aereas Costarricenses, S.A. (LACSA). 

Lineas Aereas de Nicaragua, S.A. 

Lineas Aereas de Paraguay Sociedad Anonima (Added 6/9/95; 60 FR 30457) 

Lineas Aereas Taxader S.A. 

Linee Aeree Italiane (ALITALIA). 

Livanos Maritime Co., Ltd. 

Lloyd Aero Boliviano S.A. 

Lloyd International Airways, Ltd. 

Lot-Polish Airlines. 

LTU Lufttransport Unternehmen KG. 

Lufthansa German Airlines (Deutsche Lufthansa Aktiengesellschaft). 

M 

Mackey Airlines, Inc. 

Malaysian Airline System. 

Malev Hungarian Airlines 

Mall Airways, Inc.


Marchessini Lines. 

Marine Mercante Nicaraguense, S.A. (Mamenic Line). 

Maritime Central Airways, Ltd. 

Maritime Company of the Philippines. 

Martinair Holland, N.V. 

Maui Airlines, Inc. 

McCormick Shipping Corp. 

"MEGRA" Soc. di Navigazione p.A., Palermo. 

Miami Air. 

Middle East Airlines. 

Mitsui Steamship Co., Ltd. 

Montana Flugbetrieb. 

Murray Hill Limousine Service Ltd. 

N 

N.V. Scheepvaart Maatschappij ``Transocean'' (Trans-Ocean Steamship Co.). 

Naess Shipping Co., Inc. 

National Airlines, Inc. 

NATUMEX Lines -- Naviera Truistica Mexicana S.A. 

Nauru Pacific Line. 

Naviera Aznar Sociedad Anonima. 

Nederland Line. 

Netherlands Ministry of Transport and Waterstaad Directorate-General of Shipping. 

New Zealand Shipping Co., Ltd., Norton, Lilly & Co., Inc., General Agents. 

Nicarguense De Aviacion S.A. (NICA). 

Nigeria Airways Limited. 

Nihonkai Kisen Kaisha. 

Nippon Cargo Airlines Co., Ltd. 

Nippon Yusen Kaisha (N.Y.K. Line). 

Nolisair International, Inc. (dba Nationair Canada) (TM 2/90) 

Nordair Ltd. 

North American (Added 6/9/95; 60 FR 30457) 

North Central Airlines Inc. 

Northeast Airlines, Inc. 

North German Lloyd Passenger Agency, Inc. (see Hapag/Lloyd A.G./North German Lloyd Passenger Agency, 

Inc.) 

Northwest Airlines, Inc. 

Norwegian America Line (Den Norske Amerikalinje A/S). 

Norwegian Caribbean Lines. 

O 

Ocean Cargo Line, Ltd. 

Ocean Tanker Line, Ltd. (Lavino Shipping Co., Philadelphia, Agents). 

Ocean Tankers, Ltd. 

Oceanic Steamship Co., The 

Olsen Line, Fred (Fred Olsen & Co.). 

Olympic Airways, S.A. 

Ontario Central Airlines, Ltd. 

Ontario Express, Ltd. (dba Canadian Partner) 

Orient Overseas Line. 

Orient Steam Navigation Co., Ltd. 

Osaka Shosen Kaisha, Ltd. 

Overseas National Airways. 

Ozean/Stinnes Linien. 

P


Pacific Australian Direct Line. 

Pacific Far East Line, Inc. 

Pacific Islands Airways, Inc. (Added 6/9/95; 60 FR 30457) 

Pacific Islands Transport Line A/S THORDAHL. 

Pacific Micronesian Line, Inc. 

Pacific Ocean Line. 

Pacific Shipowners, Ltd., Suva, Fiji. 

Pacific Steam Navigation Co. 

Pacific Western Airlines, Ltd. 

Pakistan International Airlines Corp. 

Panoceanic Tanker Line, Ltd. 

Peninsular & Occidental Steamship Co. 

Peninsular & Oriental Steam Navigation Co. 

Penn Central Co., The 

Phillippine Air Lines. 

Piedmont Aviation, Inc. 

Pilgrim Aviation & Airlines, Inc., (d/b/a Pilgrim Airlines). 

"POLINNIA" Soc. di Navigazione p.A., Palermo. 

Polynesian Airlines. 

Pomair N.V. 

President Airlines, Inc. 

Presidential Airways, Inc. 

P.R. Express. 

Pro Air Services. 

Provo Air, Inc. 

Puerto Rico International Airlines, Inc. 

Q 

Qantas Empire Airways, Ltd. 

R 

REAL S/A -- Transportes Aereos. 

Red Carpet Airlines, Inc. 

Rederiaktiebolaget Nordstjernan (Johnson Line), Stockholm. 

Republic Airlines, Inc. 

Resort Commuter, Inc. (dba Resorts) 

Rich International Airways, Inc. 

Riddle Airlines, Inc. 

Royal Air Maroc. 

Royal Hawaiian Air Service. 

Royal Mail Lines, Ltd. 

Royal Netherlands Steamship Co. 

Royal Rotterdam Lloyd. 

S 

Sabena Belgian Air Lines. 

SAETA. 

Sahsa Honduras Airlines. 

Samoa Airlines. 

San Juan Airlines. 

Saturn Airways, Inc. 

Saudi Arabian Airlines. 

Scandinavian Airlines System, Inc. 

Scindia Steam Navigation Co., Ltd. 

Seven Seas Airlines, Inc. 

Shawnee Airlines, Inc.


Shinwa Kaiun Kaisha, Ltd. 

Showa Shipping Co., Ltd. 

Sicula Oceanica, S.A. (SIOSA Lines). 

Singapore Airlines. 

Skylink Airlines, Ltd. 

Skystar International, Inc. 

Skyworld Airlines (dba Ports of Call Air) 

Societa Italiana di Armamento "SIDARMA" 

Societa Italiana Transporti Marittimi of Genoa (Sitmar Line). 

South African Airways. 

South Pacific Air Lines. 

Southern Airways, Inc. 

Southern Air Transport, Inc. 

Spantax S.A. 

Standard Airway, Inc. 

States Steamship Co. 

Sterling Airways A/S. 

SUEDFLUG, Sued-deutsche Fluggesellscharft mbH, Stuttgart. 

SUN LAND Air Lines, Inc. 

Surinam Airways Ltd. 

Swedish American Line. 

Swiss Air Transport Co., Ltd. (SWISSAIR). 

T 

TACA International Airlines, S.A. 

Taiwan Navigation Co., Ltd. 

Texas International Airlines, Inc. 

Thai Airways International, Ltd. 

The Eastern & Australian Steamship Co., Ltd. 

Theofano Maritime Co., Ltd. 

Time Air, Inc. 

Tower Air, Inc. 

Toyo Yusen Co., Ltd. 

Transair Limited-Winnipeg, Manitoba. 

Transamerica Airlines. 

Transatlantic Steamship Co., Ltd. (Rederiaktiebolaget 

Transatlantic). 

Trans Caribbean Airways, Inc. 

Transbrasil Airlines. 

Transavia Holland N.V. 

Transcontinental S.A. de Transportes C.El. 

Transglobe Airways, Ltd. 

Translift Airways. 

Trans Meridian Flying Services, Ltd. 

Trans Micronesian Airways. 

Transocean Airlines. 

Transportation Corp. of America (Trans Caribbean Airways). 

Transportes Aeros Nacionales, S.A. (TAN Airlines). 

Transportes Aereos Portugueses S.A.R.L. 

Trans World Airlines, Inc. 

Transworld Express. 

Trent Maritime Co., Ltd. 

Triton Shipping, Inc. 

Turkish Airlines. 

Turks and Caicos (Added 6/9/95; 60 FR 30457) 

Twentieth Century Airlines. 

U


Union de Transports Aeriens -- U.T.A. 

United Air Lines, Inc. 

United Philippine Line. 

United States Lines, Inc. 

United States Overseas Airlines, Inc. 

United White Shipping Co., Ltd. 

Universal Airlines, Inc. 

USAfrica Airways, Inc. (Added 6/9/95; 60 FR 30457) 

U.S. Air, Inc. 

V 

Varig S.A. (Brasilian Airlines). 

VASP Brazilian (Viacao Area Sao Paulo S.A.). 

Venezuelan International Airlines, Inc. 

VIA Rail Canada Inc. 

Virgin Atlantic Airways, Ltd. 

W 

Wardair Canada Inc. 

Western Airlines. 

Westfal Larsen Line. 

White Star Maritime Co., Ltd. 

Wien Consolidated Airlines, Inc. 

Winchester, J. H., & Co., as agents for Costa Line. 

Windward Islands Airways International. 

World Airways, Inc. 

Wamashita Steamship Co., Ltd. 

Y 

Ybarra & Co., Inc. 

Y. Guahan Airways, Inc./Guam Marianas Air 

Z 

Zim Israel Navigation Co., Ltd.


ppendix 42-2 Visa Waiver Pilot Program Contract 

Carriers (Revised as of April 1997) 

A 

Admiral Cruises, Inc. 

Aer Lingus, P.L.C. 

Aer Turas Teoranta 

Aerei 

Aero California, S.A. de C.V. 

Aero Coach Airlines 

Aero Peru 

Aeroflot Russian Int'l Airlines 

Aerolineas Argentinas 

Aerolineas Centrales de Colombia 

Aerolineas Dominicanas, Dominair 

Aerolineas Nicaraguenses, S.A. 

Aeromexico 

Aeronantica de Cancun 

Aeroposta S.A. 

Aerotours Dominicano Airlines 

Air Sweden 

Air St Barthezemy 

Air Belgium 

Air Portugal - (TAP) 

Air Marshall Islands 

Air Europe 

Air Bahamas 

Air India 

Air Martinique 

Air North Charter 

Air Afrique 

Air Jamaica 

Air China 

Air America 

Air Club International 

Air Liberte 

Air Transport International, LLC 

Air Charter 

Air Caribe 

Air Outre Mer 

Air Transat A.T. Inc. 

Air Caraibes Exploitation 

Air Center Helicopter, Inc. 

Air Paraguay 

Air Guadeloupe 

Air Gambia, Ltd 

Air France 

Air Pacific Limited 

Air Toronto 

Air Nova Inc 

Air Aruba 

Air Atonabee Ltd. d/b/a City Express 

Air Bc Limited 

Air Canada


Air Operations of Europe AB 

Air Columbus-transporte 

Air Espana S.a. (dba Air Europa) 

Air Comet, SA 

Air Mango, Ltd 

Air Atlanta Icelandic 

Air Niagara Express Inc. 

Air Bvi 

Air Ontario, Inc. 

Air Tungaru Corporation 

Air New Zealand 

Air La 

Air Evasion 

Air 2000 Limited 

Airflite 

Airmark Aviation, Inc. 

Airtours Intnt'l Airways Ltd. 

Airways International Inc. 

Alaska Airlines 

Alitalia 

All Nippon Airways Co. 

Alm Antillean Airlines 

America West Airlines 


American Trans Air, Inc. 

Amerijet Int'l 

Apa International Air S.A. 

Apeleair 

Arrow Air, Inc. 

Asiana Airlines 

Astral Aviation, Inc. 

Athabaska Airways Ltd. 

Atlantic Air B.V.I. 

Atlantic Atlantic Container Line 

Austrian Airlines 

Avianca 

Aviateca 

Aviation 

Aviation Services, Ltd. 

B 

Bahamas Air 

Balair 

Balkan Bulgarian Airlines 

Bermuda Starline 

Biman Bangladesh Airlines 

Bimini Island Air 

Black Sea Shipping Company 

Bohlke International Airways Inc. 

Britannia Airways 

British Airways 

British Commonwealth Pacific Airlines 

Business Express 

C 

Calair Int'l 

Caledonian Airways


Can Air Cargo Ltd. 

Canada 3000 

Canadian Partner 

Canadian Airlines International Ltd. 

Canair Cargo Ltd. d/b/a Canair Cargo 

Canberra Cruises 

Cape Canaeral Cruise Lines 

Caribbean Air Carrier 

Carnival Cruise Lines, Inc. 

Cathay Pacific Airways 

Cayman Airways 

Challenge International 

Chandris Fantasy Cruises 

China Airlines 

China Eastern Airlines 

City Birdair 

Clint Aero Inc. 

Clinton Aviation/western Air 

Clipper Adventures Cruises 

Comair Inc. 

Commodore Cruise Line, Ltd 

Compagnie Panamena De Aviacion, S.A. 

Conair 

Condor 

Conifair Aviation Inc. 

Continental 

Corse Air International, S.A. 

Costa Cruises, Inc. 

Costa Crociere S.P.A. 

Costal Air Transport 

Crown Cruise Line 

Crown Air Canada 

Crystal Cruises 

Ctc Cruise Lines 

Cunard Line Ltd 

Czechoslovak Airlines 

D 


Deutsche Seereederie Rostock 

Deutsche Seetouristik GmBH 

Diamond International Aviation Corporation 

Discovery Cruise Line Partnership 

Dolphin Cruise Lines 

E 

Eastern Airlines 

Ecuatoriana 

Egyptair 

El Al Israel Airlines 

Epirotiki Lines Inc. 

Eva Airways Corporation 

Evasion 

Excalibur Airways Limited 

Express 

Express One International, Inc.


F 

Fawcett Airlines 

Fedor Dostoevskiy Shipping Co. Ltd 

Finnair 

Flying Colors Airways 

Four Star Aviation 

Francis & Lane Inter-Island Transport Services, Ltd 

Frontier Cruises Ltd. 

G 

Garuda Indonesia 

Ghana Airways 

Gorda Aero Services 

Great American Airways, Inc. 

Guam Marianas Air 

Gulf Air 

Gulfstream International Airlines, Inc. 

Guyana Airways 

H 

Haiti Trans Air 

Halisa Air 

Hanseatic Cruises 

Hapag Lloyd Fluggesellschaft GmBH 

Hapag - Lloyd Kreuzfahrten 

Happy Days Shipping c/o Vlasov Shipping 

Harbor Air Ltd 

Hawaiian Airlines 

Hcl Aviation - a.k.a. Av Atlantic 

Holland America Line Westours Inc. 

Horizon Airlines 

I 

Iberia 

Iceland Air 

Imperial Airlines, Ltd. 

Independent Air, Inc. 

Int'l Airlines 

Intair 

Inter Island Boat Service 

Ivaran Lines 

J 

J.D. Valenciana Airline 

Japan Cruise Line 

Japan Air Charter Company, Ltd. 

Japan Universal System Transport Co., Ltd. 

Japan Airlines 

K 

Kenmore Air Harbor, Inc. 

Key Airlines 

Kiwi International Airlines, Inc.


KLM Royal Dutch Airlines 

Kloster Cruise Ltd. 

Korean Airlines 

Kuwait Airlines 

L 

La Compagnie Des Iles du Ponant (Cruises) 

Lab Airlines 

Lacsa 

Ladeco Airlines 

Laker Airways (Bahamas) Limited 

Lan Chile Airlines 

Laude Air 

Leisure International Airways 

LIAT 

Linea Aeropostal Venzolana 

Lone Star Airlines 

Lot Polish Airlines 

LTU Int'l Airways 

Lufthansa German Air Lines 

M 

M&N Aviation Inc. 

Maxim Gorkiy Shipping Co. Ltd. 

Majesty Cruise Lines 

Malaysian Airline System 

Malev Hungarian Airlines 

Martinair Holland N.V. 

Mediterranean Transport 

Mesaba Aviation Inc. 

Mexicana de Aviacion 

Mgm Grand Air 

Miami Air International 

Middle East Airlines 

Minerve 

Mitsui O.S.K. Lines 

Monarch Airlines 

Montreal National Air Charters 

Ms Delphin (A.k.a. Kazakhatan Ii) 

Ms " Berlin" Gmbh & Co. 

Msc Mediterranean Shipping Co. Sa 

N 

Nationair Canada 

Native Son Inc. 

New York (Caac) 

Nicaraguense de Aviacion Nica 

Nigeria Airways 

Nippon Cargo Airlines 

Nomads, Inc. 

North American Airlines 

Northwest Airlines 

Northwest Airlines 

Novair International Airways 

NSB Niederelbe Schiffahrt 

Nyk Cruises


O 

Oasis International Airlines 

Ocean Quest 

Odyssey International 

Ontario 

Orion Air 

P 

Pacific Island Aviation, Inc. 

Pakistan Airlines 

Pan Am Express 

Pan-American Airways 

Paradise Island Airlines 

Peter Island Resort 

Petrolair, S.A. 

Philippine Airlines 

Phoenix Air Group, Inc. 

Piedmont Airlines 

Poetto Shipping Co. Ltd 

Points of Call Airlines 

Polynesian Airlines (Holdings) Ltd. 

Premier Aviation 

Premier Cruise Lines 

Q 

Quantas Empire 

R 

Reeve Aleutian Airways 

Regency Cruises 

Renaissance Cruises, Inc. 

Rich International Airways 

Royal Caribbean Cruise Lines 

Royal Air 

Royal Jordanian 

S 

Scandinavian Airlines System 

Sabena 

Saeta Airlines 

SAHSA Airlines 

Saudi Arabian Airlines 

Scanair 

Schiffahrtgesellschaft Ms. Berlin Kreuzfahrten MbH &Co. 

Sea Escape 

Seabourn Cruise Lines 

Service & Transport Cruise Line 

Servicious Aeros Litoral, S.A. 

Servinensa 

Seven Seas Cruise Lines 

Showa Line Ltd. 

Silversea Cruises c/o Vlasov Shipping 

Singapore Airlines 

Sky Trek Int'l Airlines, Inc.


Skyservice 

Smith's Ferry Services, Ltd. 

Sobelair N.V./S.A. 

Societe Nouvelle Air Guadeloupe 

Southern Airways 

Spanair, S.A. 

St. Lawrence Cruise Lines, Inc. 

Star Clippers Inc. 

Sterling Airways 

Sun Country Airlines 

Sunaire 

Surinam Airways Ltd. 

Swissair 

System Co. Ltd 

T 

Taca International Airlines 

Tall Ship Adventures, Inc. 

Tan Airlines 

Taquan Air Service 

Tarom (Romanian Air Transport) 

Thai Airways International 

The China Navigation Co. Ltd. 

Tower Air 

Trans Brasil 

Trans Continental Airlines 

Trans Provincial Airlines Ltd. 


Trans International 

Trans Ocean Airways 

Trans European Airways (Tea France) 

Transaero Airlines 

Transavia Airlines, C.V. 

Translift Airways Limited 

Transporte Aereo Dominicano, SA 

Transportes Aeromar, S.A. 

Transportes Aereos Ejecutivo, S.a. 

Transportes Aereos Mercantiles 

Transwede Leisure AB 

Trinidad & Tobago (BWIA Int'l) Airways 

Trinity Air Bahamas 

Turkish Airlines 

Turks & Caicos Airways 

Turquoise Airways Ltd. 

Twin Town Leasing Co. Inc. 

U 

Ukrainian State Airlines 

Ulysses Cruises 

United Airlines 

US Africa Airways, Inc. 

US Air 

V 

Vacationair 

VARIG


Vasp Brazilian Airlines 

VIASA 

Viking International Air/eagle Airlines 

Virgin Atlantic Airways 

Virgin Gorda Transport 

Virgin Air Inc. 

Viscount Air Services 

W 

W/f Japan Asia Airways Co., Ltd. 

W/f Domtraute Airways 

Waglisla Airlines 

Walker's Int'l 

Wardair Canada 

Windward Island Airways 

Winstar Sail Cruises 

World Air Network Co. 


Worldways Canada Ltd. 

Worldwide Aviation Services, Inc. 

WRA Caribbean 

Y 

Yugoslav Airlines 

Z 

Zuliana de Aviacion


Appendix 42-3 In-Transit Lounges (ITLs) (Revised 4/9/97) 

* Denotes ITL contract maintained at HQINS 

EASTERN REGION 

Atlanta District: 

Atlanta: 1/ 

Aerovias de Mexico, S.A. de C.V. 

Aero Costa Rica 

Air Jamaica 

Cayman Airways 

Delta 

Japan 

Lufthansa 

Sabena 

Varig 

Raleigh-Durham: 

American 

Miami District: 

Daytona: 

LTU International (11/08/95)* 

Miami: 2/ (Five ITLs in five Terminals (A, B, D, E, & F)) 

Aero Costa Rica (06/20/94)* 

Aeroflot (03/27/92)* 

Aerolineas Argentinas (05/92)* 3/ 

Aeromexico 

Aeroposta (07/22/93)* 

Air Belgium (10/30/92)* 

Air Canada (01/29/92)* 

Alitalia-Linee Aeree Italiane, S.P.A. (12/05/91)* 

Air Jamaica 

American (05/17/89)* 

Avensa 4/ [ITL Agreement cancelled 09/14/92] 

British 5/ 

Delta Airlines (12/05/91)* 

Iberia (03/27/92)* 

Ladeco (03/13/92)* 

LTU (05/11/92)* 

Martinair Holland (11/02/92)* 

Miami Air (12/17/92)* 

Saeta (03/13/92)* 

TransBrasil (10/15/90)* 

United (01/29/92)* 

VARIG Brazilian 

VASP-Brazilian (04/28/93)*


Progressive Clearance at Miami: 

VARIG Brazilian (11/05/96)* (two flights combine in MIA for progressive clearance to Orlando Expires April 

30, 1997) 

Orlando: 

Aeroflot Russian International (05/20/94)* 

Brittania (04/30/93)* 

KLM 6/ 

Lauda Air S.p.A (03/28/96)* 

Leisure (06/15/93)* 


Sobelair N.V./S.A. (10/31/96)* 

Tampa 9 (I & II): 

Condor (11/06/92)* 

LTU 

New York District: 

JFK Airport: 7/ 

IAB: 

Aerolineas Argentinas 

Air France 

Air India (05/07/93)* 

ALIA Royal Jordanian (see KLM) 

Alitalia 

Avianca 

Egypt Air 

El Al 

KLM Royal Dutch; ALIA Royal Jordanian; Martinair. (One ITL Agreement for the three carriers) (07/07/81)* 

Lan Chile 

LTU 

Lufthansa 

Olympic (03/27/91)* 

Martinair (see KLM) 

Pakistan International (03/29/88)* 

Royal Air Maroc 

SAS 

Saudia Airlines 

Swissair 

TACA Airlines 

TransAmerica 

VARIG Airlines 

VASP Brazilian (05/06/96)* Expires 05/06/99 

British Airways Terminal: 

British (06/25/92)* (Not used per OIC/JFK 11/08/93 ) 

Delta Airlines Terminal: 

Delta Airlines (Not used per JFK 01/12/96) 

Trans World Airlines Terminal:


None (ITL proposed by TWA) 

Philadelphia District: 

Philadelphia: 

British (03/23/94)* Expired 03/23/95 

USAir (03/22/94)* Expired 03/22/95 

Lufthansa (04/19/94)* Expired 04/19/95 

Portland, ME District: 

Bangor: 

Air 2000 (02/26/96)* 8/ 

Air Belgium 

Air Espana (dba Air Europa)(02/26/96)* 2/ 

Air Europe 

Air Europe, S.P.A. 

Air Europe Italy 

Air Holland 

Airtours International (11/25/96)* 

Britannia Airways Ltd. (03/19/96)* 

Caledonian Airways (06/17/96)* 

Monarch Airlines (02/26/96)* 2/ 

Sterling Airways 

TU International 2/ 

San Juan District: 

San Juan: 

ACES (072296)* [Expires 11/22/96] 

American (082595)* 9/ [Expires 08/25/96] 

American Eagle (082595)* [Expires 08/25/96] 

Condor Flugdienst GmbH* [Expires 08/31/97] 

Iberia* Expires 08/31/97 

KLM Dutch Airlines* [Expires 08/31/97] 

Washington District: 

Dulles: 10/ 

Pakistan (Midfield Terminal) (02/26/97) [Expires 08/26/97] 

United* (10/27/92) 

United (Midfield Terminal) (02/26/97) [Expires 08/26/97] 

CENTRAL REGION 

Dallas District: 

Dallas: 

American* (08/25/95) [Expires 08/25/98] 

Lufthansa 

Houston District: 

Houston: 11/


Aerovias de Mexico* (10/06/93) 

Air Canada* (04/28/93) 

British Airways* (08/15/90) 

Cayman Airways* (03/12/91) 

Compagnie Nationale Air France* (06/15/93) 

Continental* (07/02/92) 

KLM Royal Dutch Airlines* (02/15/91) 

TACA International Airlines* (07/15/91) 

TAN SAHSA* (07/26/90) 

Viasa* (10/24/90) 

WESTERN REGION 

Anchorage District: 

Anchorage: 

Asiana (11/24/92)* 

Cathay Pacific Airways Ltd. (03/28/96)* [Expires 03/28/99] 

British Airways 12/ 

Iberia 12/ 

Japan (03/18/96)* [Expires 03/18/99] 

KLM Royal Dutch 12/ 

Scandinavian (SAS) 12/ 

Swiss Air 12/ 

All In-Transit Lounge passengers must de-plane in ANC and go to an In-Transit Lounge though they are not 

signatory to any agreement. 

Honolulu District: 

Agana: 

Unavailable. 

Honolulu: 

Air New Zealand (05/20/91)* [Expired 07/14/92] 13/ 

Canadian Airlines International (04/19/94) [Expired 04/19/97]* 

Qantas (02/28/94) [Expired 02/28/97]* 

Los Angeles District: 

Los Angeles: (Two (2) Lounges in 2 Terminals) 

Thomas Bradley International Terminal (TBIT): 

Aeromexico (02/28/94)* 

Air France 

AOM French Airlines (07/03/95)* 

British Airways (01/19/95)* 

Corse-Air (07/03/95)* 

Eva Airways (11/20/95)* 

Japan 

Korean 


Mexicana (10/18/94)* 

Qantas (02/14/95)*


United (08/14/92)* 14/ 

UTA 

Varig 

Joint ITL Agreements at TBIT: 

British Airways/Qantas ITL Agreement (02/09/95)* 

Japan/Aeromexico Airlines Agreement (01/10/95)* 

LTU International/Mexicana Agreement (10/21/94)* 

Qantas/British Airways ITL Agreement (02/14/95)* 

Satellite 2: 

Air Canada (03/28/96)* 

Air New Zealand (10/04/94)* 

Air New Zealand/Air Canada ITL (03/24/96)* 

Terminal 6 & 7: 

United (08/23/96)* Expires 08/23/99 

San Francisco District: 

Oakland: 

Corse-Air International (04/17/96)* [Expires 04/17/99] 

San Francisco: 

Air France (12/09/91)* Expired 12/09/92 

United 

Seattle District: 

Seattle-Tacoma: 

Japan Air Line 

Thai Airways



1/ On 040996 a package from EROINS arrived containing ITL agreements for Atlanta's new ITL facility. 

Some contracts were approved by the Port Director (PD); others were signed by a Special Operations Inspector 

(SOI). HQOPS was given a copy of the contracts by HQINS 040996 and was asked to contact Atlanta to have 

them submit ITL contracts to HQINS for signature, including those previously signed by the PD. 

2/ European-style In-Transit Lounge established in Miami in 1979 (no memorandum/letter exists at 

HQINS regarding Miami ITL except memorandum dated 100688 from the Assistant Commissioner for 

Inspections, to the Assistant Regional Commissioner, Inspections granting Houston "European-style" ITL 

privileges based on precedent of Miami International Airport authorization in 1979). 

3/ Approval letter sent to Aerolineas Argentinas (AR) 050892; no ITL Agreement at HQINS; AR also has 

"special ITL" bussing arrangement granted by MIA-INS with VASP Airlines between Terminals "B" and "F" ( no 

written agreement). DPD Jerry Emory said that one II rides bus with an airline security guard making it safer 

than TWOVing flight and walking them through the public areas. 

4/ Avensa Airlines, though having an approved ITL Agreement dated 022792 (copy at HQINS) for MIA, is 

NOT allowed to use the ITL system due to its TWOV Agreement, Form I-426, being cancelled by the INS 

(Commissioner Gene McNary) per letter to Avensa signed and mailed on September 4, 1992, cancelling the 

TWOV Agreement ten days after the date of the letter as stipulated by paragraph 9 of the Agreement. 

5/ As agreed to by USINS ( DPD) and the USCS, as of June 30, 1995, British Airways has been given 

permission to take in-transit passengers, who arrived at Terminal A, by bus from Terminal B sterile bus station, 

to Terminal E sterile bus station and then onward to Terminal E in-transit lounge to be handed over to an 

employee of the departing carrier. 

6/ (using Lounge per verbal HQEAC agreement after IATA meeting in Montreal (1993) without ITL 

agreement citing ATA v. Meissner); KLM no longer using ITL (10/95). 

7/ According to memorandum sent to EROINS on 01/12/96 and forwarded to HQINS, only the two ITLs 

at the International Arrivals Building (IAB) are being used (East Wing [E/W] and West Wing [W/W]). 

8/ Currently using ITL at Bangor, per memorandum of 11/12/96. 

9/ American Airlines, per the ITL agreement, was given permission to have a modiified European-style 

ITL at SAJ whereby ITL passengers may depart on an aircraft other than the one on which they arrived. HQCOU 

reviewed agreement on January 20, 1995, per memorandum from Janice Podolny, HQCOU, to Don Crocetti, 

HQEXM. 

10/ Per memorandum from APD to EROINS dated 01/05/96, APD stated that United converted its ITL 

into an employee lounge in late December, 1995, without informing INS. APD informed United that all 

passengers must be presented to INS for inspection until further notice. HQCOU was asked on 041196 if the 

United ITL agreement should be cancelled by HQINS due to its conversion to an employee lounge. 

11/ Houston European-style In-Transit Lounge established in 1988 per memorandum dated 100688 from 

HQINS, to Assistant Regional Commissioner, Southern Region granting Houston "European-style" ITL 

privileges based on precedent of Miami International Airport authorization in 1979. 

12/ No longer transiting Anchorage, per SII/ANC 01/05/96. 

13/ Air New Zealand has cited ATA v. Meissner as the reason it will not sign a new ITL agreement. 

HQINS requested on 12/07/95 a legal opinion from HQCOU regarding the legality of Air New Zealand's 

request and if the Service can suspend its ITL operations. 

14/ UA-INS(LAX) have special ITL Agreement granting United ITL privileges for TBIT/Satellite 7 transfer 

ofpassengers via people movers (05/20/93)



ppendix 42-4 Preinspection Agreements--Signatory to Form I-425 

Agreement (Revised April 1997) 

At Aruba 

Air Aruba. 

Airmark Aviation, Inc. 

ALM Antillean Airlines. 


American Trans Air, Inc. (Added 6/9/95; 60 FR 30457) 

AvAtlantic (Added 6/9/95; 60 FR 30457) 

Carnival Airlines (Added 6/9/95; 60 FR 30457) 

Express One International, Inc. (Added 6/9/95; 60 FR 30457) 

Jet Fleet Corporation. 

Miami Air International, Inc. 


Servicious Avensa S.A. (SERVIVENSA). 

At Bermuda 

Air Florida, Inc. 

Air Venturers of Houston, Inc. 

American Airlines, Inc. (Charter Flights only). 

American Eagle Airlines, Inc. 


AvAtlantic (Added 6/9/95; 60 FR 30457) 




Continental Airlines (TM 2/90) 


Flying Tiger Line Inc., The. 

Furness, Withy and Co., Ltd. 

Guest Aerovias Mexico, S.A. 



Northeastern International Airways, Inc. 


Piedmont Airlines (TM 2/90) 

Saturn Airways. 

Standard Air Ways, Inc. 

Swedish American Line Agency, Inc. 

Trans International Airlines. 


United Air Lines. 

U.S. Air (TM 2/90) 


At Calgary 

Air Canada 

Air Niagara Express, Inc. (Added 6/9/95; 60 FR 30457) 

America West Airlines, Inc. 


Big Sky Airlines. 

Canadian Airlines International, Ltd. (TM 2/90)


Canadian Pacific Airlines. 

Cascade Airways, Inc. 





Time Air, Inc. (TM 2/90) 

United Airlines, Inc. 

Wardair Canada, Inc. 

Western Airlines Inc. 

At Dublin (Added 6/9/95; 60 FR 30457) 

Air Lingus (Added 6/9/95; 60 FR 30457) 

American Trans Air, Inc. (Added 6/9/95; 60 FR 30457) 

Delta Airlines (Added 6/9/95; 60 FR 30457) 

Tower Air (Added 6/9/95; 60 FR 30457) 

At Edmonton 

Air Canada. 

Canadian Airlines International, Ltd. (TM 2/90) 

Canadian Pacific Airlines. 

Continental Airlines. 

Delta Airlines, Inc. (TM 2/90) 




Pacific Western Airlines. 

Republic Airlines. 


Western Air Lines, Inc. 

At Freeport 

Aerocoach Aviation International, Inc. (TM 2/90) 

Aerostar Airlines, Inc. 


Airways International, Inc. 

Bahamas Air Holdings Ltd. 

Caribbean Express, Inc. 

Comair, Inc. (TM 2/90) 

Delta Air Lines Inc. 

Evergreen International Airlines, Inc. 


Gulf Air Transport, Inc. 

Gull Air, Inc. 

Key Airlines, Inc. 

Mackey International Airlines. 


Midway Airlines (TM 2/90) 



Sun Country Airlines (TM 2/90) 

Trinity Air Bahamas. 


United Airlines, Inc. 

At Montreal


Air Alliance, Inc. (TM 2/90) 

Air Canada. 


Air France. 


Air Ontario, Limited. 






Canadian Pacific Airlines, Ltd. 


Comair, Inc. 



Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines). 

Eagle Airways (Bermuda) Ltd. 

Eastern Provincial Airways (1963) Limited. 


McCulloch International Airlines. 


Nordair Ltee -- Nordair Ltd. 


Northwest Airlines (TM 2/90) 


Odyssey International (TM 2/90) 

Ozark Air Lines, Inc. 

Pilgrim Aviation and Airlines, Inc. 


Quebecair. 

Quebec/Air Quebec, Inc., (dba Intercanadian) (TM 2/90) 

Republic Airlines, Inc. 


Trans-Florida Airlines, Inc. 


Transair Limited. 




Western Skyways, Inc. 


World Wide Airways, Inc. 

Worldway Airlines Ltd. 

Wright Air Lines Inc. 

At Nassau 

Aerostar Airlines, Inc. 

Air Canada. 

Air Venturers of Houston, Inc. 


American International Airways. 

American Trans Air (TM 2/90) 

Bahamasair Holdings Ltd. 

Bahamas Airways, Ltd. 

Best Airlines, Inc. 


Capitol Airways, Inc.


Challenge International Airlines. 

Continental (Added 6/9/95; 60 FR 30457) 


Eagle Airways (Bermuda), Ltd. 

Executive Jet Aviation, Inc. 


Florida Air, Inc. (Added 6/9/95; 60 FR 30457) 

Flying Tiger Line, Inc., The. 

Great Lakes Airlines Limited. 

International Air Bahama, Ltd. 

Mackey International Airlines. 

McCormick Shipping Corp., Eastern Shipping Corp. Agents. 


Midway Airlines. (TM 2/90) 

Modern Air Transport, Inc. 

National Airlines, Inc. 


Piedmont Airlines (TM 2/90) 

Pro Air Services. 


Sun Country Airlines (TM 2/90) 

Trans Caribbean Airways, Inc. 


Trinity Air Bahamas. 


U.S. Air. (TM 2/90) 


At Paradise Island 

Express One International (Added 6/9/95; 60 FR 30457) 

Paradise Island Airlines, Inc. 

At Prince Rupert 

State of Alaska Department of Public Works. Westours, Inc. 

At Shannon (TM 2/90) 

Aer Lingus (Added 6/9/95; 60 FR 30457) 

Aeroflot 

American Trans Air (TM 2/90) 

Condor (Added 6/9/95; 60 FR 30457) 

Gulf Air, Inc. (dba TransOcean Airways) (TM 2/90) 

Tower Air (Added 6/9/95; 60 FR 30457) 

Translift Airways Limited. 

At Toronto 

Air Canada. 


Air France. 

Air Ontario, Limited. 



Astral Aviation, Inc. d/b/a Skyway Airlines (Added 6/9/95; 60 FR 30457) 

Atlantic Coast Airlines dba United Express. 


British United Airways (Services), Ltd.


British West Indian Airways. 

Caledonian Airways (Prestwick), Ltd. 




Chautauqua Airlines, Inc. d/b/a USAir Express (Added 6/9/95; 60 FR 30457) 

Conifair Aviation Inc. dba Royal Airlines. 

Dan-Air Services, Ltd. 

Eastern Provincial Airways (1963) Limited. 


McCulloch International Airlines. 


Nolisair International, Inc., (dba Nationair Canada)(TM 2/90) 

Nordair Ltee -- Nordair Ltd. 

North Central Airlines, Inc. 


Odyssey International (TM 2/90) 

Ozark Air Lines, Inc. 


Pilgrim Aviation and Airlines, Inc. 

Quebecair. 

Quebec/Air Quebec, Inc., (dba Intercanadian) (TM 2/90) 


Standard Airways, Inc. 


Transair Limited. 



Vacationair (TM 2/90) 


Wright Air Lines. 


Worldways Canada Limited. 

Yugoslav Airlines. 

At Vancouver 

Admiral Cruiselines (TM 2/90) 

AirBC. 

AirCal, Inc. 

Air Canada. 








Costa Cruise Line. 

Delta Airlines, Inc. (TM 2/90) 

Empire Airlines, Inc. (Added 6/9/95; 60 FR 30457) 

Express One International (Added 6/9/95; 60 FR 30457) 

Great American Airways, Inc. 

Great Northern Airways, Ltd. 

Harbor Airlines, Inc. 

Holland America Cruises. 

International Jet Air, Ltd. 


Monarch Cruise Lines, Inc.


Nomads, Inc. 

P. & O. Inc. 

P & O Lines (North America) Inc. 

Pacific Interstate Airlines. 


Paquet Cruise Lines, Inc. 

San Juan Airlines, Inc. 

Skylink Airlines (TM 2/90) 

South Pacific Island Airways. 

Standard Airways, Inc. 

Sundance Cruises, Inc. 



Universal Airlines, Inc. 

VCHC Enterprises, Limited. 


Western Airlines, Inc. 


At Victoria 

Airwest Canada 

B.C. Stena Line, Ltd. (TM 2/90) 

Black Ball Transport, Inc. 

British Columbia Coast Steamship Service. 

British Columbia Steamship Co. (1975), Ltd. 


Canadian Pacific Railway Co. 

Clipper Navigation, Inc. 

Island Jetfoil Corporation. 

Northwest Hydrofoil Lines, Inc. 

Miami Air International, Inc, 

Royal Cruise Line. 

Washington State Ferries. 

Yarmouth Cruises, Inc. 

At Winnipeg 

Aero Trades (Western) Ltd. 

Air Canada. 


Aspen Airways (dba United Express) (TM 2/90) 


CP Air. 


Frontier Airlines, Inc. 

Holiday Air of America. 


Nordair Limited. 

North Central Airlines. 



Trans Air, Ltd. 


VCHC Enterprises, Limited. 

Wardair Canada, Inc.


Appendix 47-1 Twov/In-Transit Report To HQINS 

TWOV / IN-TRANSIT REPORT TO HQINS 

ONLY FOR THOSE APPLICANTS WHO FAIL 

TO DEPART THE U.S. AS REQUIRED 

CARRIER______ 

TYPE OF APPLICANTPORT ________ 

___TWOV APPLICANT 1. ___ PAROLED INTO THE U.S. 

___IN-TRANSIT APPLICANT 2. ___ EXCLUDED BY INS IMMIGRATION JUDGE 

___IN-TRANSIT DEPORTEE 3. ___ ESCAPED AFTER INSPECTION 

4. ___ ABSCONDED BEFORE INSPECTION 

___UPDATE 5. ___ PLACED IN INS CUSTODY 

6. ___ PLACED IN CARRIER CUSTODY 

6a.___ESCAPED IN CARRIER CUSTODY (1-259) 

DID APPLICANT CLAIM POLITICAL 7. ___ OTHER (Explain) _________________ 

ASYLUM? YES____ NO____ 

IF APPLICANT ESCAPED/ABSCONDED: DATE OF ESCAPE ___/___/___. 

GUARD ESCAPE REPORT AVAILABLE: YES___ NO___ 

DOCUMENT NAME ______________________ DATE OF ARRIVAL _____________ 

(last name, first name) 

DOCUMENT DOB___/___/___ SEX M__ F__ ARRIVING FLIGHT # ____________ 

mm dd yy 

DOCUMENT NATIONALITY ________________ U.S. CONNECTING FLIGHT # _____ 

(if applicable) 

CLAIMED/TRUE NAME ___________________ DEPARTING FLIGHT # ___________ 

(circle one) (last name, first name) 

CLAIMED/TRUE DOB ___/___/___ SCHEDULED DATE OF DEPARTURE _______ 

mm dd yy 

CLAIMED/TRUE NATIONALITY _____________ FILE # A_______________________ 

TICKET # (13-digits)_________________ ITINERARY ____________________ 

ADDITIONAL COMMENTS: 

Instructions: The POEs should send a facsimile of this report to HQINS within 5 days of the 

TWOV/In-Transit applicant's failure to depart, except those failing to depart timely. This report will 

be directed to TWOV Liaison Officer at FAX # 202 - 514 - 8345. A copy of this report and related 

information (including all documentation, photo-copies, guard reports, etc.) should be kept at the 

POEs and not REPEAT not sent to HQINS. NOTE: All subsequent changes, additions, and/or 

deletions in status of aliens should be reported to HQINS within 5 days by facsimile using this form.

(HQINS-1-93) 



TM - 1Memorandum 

Memorandum 

Date: June 24, 1997 

Subject: INSERTS Change Requirement 

(INS-TM1) 

To: Richard A. Sloan 

Office of Policy Directives and Instructions 

From: Office of Programs 

Please include the following changes in the next release of INSERTS. Add to the "bookshelf' two new books: 

Adjudicator's Field Manual (AFM) and Inspector's Field Manual (IFM). As previously discussed, the Office of 

Programs is developing these new reference manuals to replace Operations Instructions and the Examinations 

Handbook, both of which are largely outdated. Included in these new references will be the policy and 

procedures instructions needed for implementation of various provisions of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996. 

Each field manual chapter or appendix will also be provided in WordPerfect 6.1 format as agreed. We have 

marked all proposed text linkages within INSERTS by using the symbol "U" to denote links to presently existing 

text or to text which is to be added to the next INSERTS release as a result of this memorandum. The symbol "Y" 

is used to denote future links to text which will become part of INSERTS at a later date, such as the 

Administrative Manual. We request that you arrange for necessary text links to all cited INA and CFR citations, 

precedent decisions, General Counsel opinions and other references contained in INSERTS. In addition, INS 

forms which are referenced should be linked to the actual form in the first instance where it appears in a 

paragraph, in the manner described below. Links to all appendix materials for the field manuals are also 

required, as marked. Appendix 15-1, the Exchange Visitors Skills List, need not be duplicated in its entirety, 

since that list is scheduled to be a separate INSERTS book. It is understood that links to all table of contents 

references and links to the individual chapter contents, although not marked, will also be created by the 

contractor and that the contractor will make necessary formatting changes to enhance the appearance of 

INSERTS. Flow charts and other diagrams will be provided in Microsoft Excel, and may be reformatted to 

enhance their screen appearance. 

The manuals themselves will be released in sections, as they are completed. The following chapter materials are 

attached and should also be included in the first available INSERTS release: 

Table of Contents(complete) 

Chapter 1 Organization and Content(complete) 

Chapter 2 Mission and Conduct, Privileges and 

Responsibilities (complete) 

Chapter 3 The Organization of Inspections (complete) 

Chapter 4 Conducting Research (complete) 

Chapter 11 Persons Exempt Inspection(complete) 

Chapter 12 United States Citizens (complete) 

Chapter 13 Returning Lawful Permanent Residents (complete) 

Chapter 14 New Immigrants (complete) 

Chapter 15 Nonimmigrants and Border Crossers (complete) 

Chapter 16 Special Classes (complete)


Chapter 17 Inadmissible Aliens (complete) 

Chapter 22 Airport Inspection (complete) 

Chapter 23 Seaport Inspection (complete) 

Appendix 1-1 Table of Field Manual Subjects (complete) 

Appendix 2-1 Sample Format of Report of Planned 

Operation (complete) 

Appendix 3-I 

thru 3-10 Sample Position Descriptions (complete) 

Appendix 13-1 Class of Admission Codes (complete) 

Appendix 13-2 Country and Nationality Codes (complete) 

Appendix 14-1 ADIT Information (M-226 Update) (complete) 

Appendix 15-1 Exchange Visitors Skills List (complete) 

Appendix 15-2 Six-Month List for Passport Validity (complete) 

Appendix 15-3 NAFTA Annex 1603, Appendix 1603.A.1 (complete) 

Appendix 15-4 NAFTA Annex 1603, Appendix 1603.D.l (complete) 

Appendix 15-5 List of Countries Requiring Visa to Enter 

Canada (complete) 

Appendix 15-6 List of Consular Posts Issuing MRV's (complete) 

Appendix 17-1 List of INS Deferred Inspection Offices 

and Hours (complete) 

Appendix 17-2 US Public Health Service Offices (complete) 

Appendix 17-3 Flow Chart for Expedited Removal(complete) 

Appendix 22-1 INS-Customs MOU (complete) 

Appendix 22-2 IATA Carrier Code List (complete) 

Appendix 32-I INS FDL Alerts (complete) 

Appendix 32-2 FDL slide programs (complete) 

Appendix 32-3 Interpol member countries(complete) 

Appendix 42-1 TWOV contract carriers list (complete) 

Appendix 42-2 VWPP contract carriers list (complete) 

Appendix 42-3 ITL contract carriers list (complete) 

Appendix 42-4 Preinspection agreement contract 

carriers list (complete) 

The Operations Instructions rescinded by a seperate memorandum to field offices should also be removed from 

INSERTS. 

In addition, Ol Appendix 212.1 (six-month list only) is redesignated as Appendix 15-2 of the IFM. You 

previously advised that Ol Appendix 212.8 and 212.8(e), the Exchange Visitor's Skills List and amendments, 

have been updated and will appear in INSERTS as a separate book. Those Ols should, therefore, be canceled and 

removed. 

Linkages to illustrations of the following forms referenced in the above chapters should also be included. Until 

such time as INSERTS is enhanced with the proposed form filler feature, form linkages to the existing "Public Use 

Forms" section of INSERTS, the "ORRERY forms" section, or scanned copies of the sample forms provided will be 

sufficient. Note that the underlined forms are not presently included within the "Public Use Forms" INSERTS 

book. Those forms not presently appearing in either INSERTS forms books should be added to a forms book or 

separately included as a forms appendix to the lFM. Samples of the underlined forms have been provided. 

I-20A/B, I-2OM/N, I-89, I-90, I-92, I-94, I-94T, I-94W, I-95, I-99, I-147, I-148, I-160, I-181, I-192, I-193, I-194, 

I-213, I-215, I-215W, I-247, I-253, I-261, I-263A, I-259, I-275, I-294, I-296, I-407, I-408, I-409, I-410, I-418, I-419, 

I-426, I-508, I-510, I-512, I-515, I-546, I-577, I-751, I-775, I-797, I-829, I-860, I-862, I-863, I-867AB, M-444, G-166, 

G-329, G-525, G-725, FD-249, and FD-258. 

The following precedent decisions have been referenced in the manual chapter materials above. The complete


text of these decisions, and appropriate hypertext links, should be added to the appropriate book on the 

INSERTS bookshelf: Matter ofMoore, 13 I&N Dec. 711; Matter of Montero, 14 I&N Dec. 399; Matter of Kane, 15 I&N 

Dec. 258; Matter of Hamlin, 15 I&N Dec. 443; Matter of M/T Rajendra Prasad, 16 I&N Dec. 705; Matter of Morgan, 

13 I&N Dec. 283,; Matter of Ortega, 13 I&N Dec. 606; Matter of Ulanday, 13 I&N Dec. 729; Matter of Paco, 12 I&N 

Dec. 599; Matter of Thompson, 13 I&N Dec. 1; Matter of Welcome, 13 I&N Dec. 352; Matter ofRodriques, 13 I&N Dec. 

746; Matter of Pierce, 17 I&N Dec. 456; Matter of S- B-, 7 I&N Dec. 298; Matter ofAlarcon, 17 I&N Dec. 574; Matter 

of Khan, 14 I&N Dec. 122; Matter ofAbdoulin, 17 I&N Dec 458; Matter of Aluller, 16 I&N Dec. 637; Matter of Davis, 

16 I&N Dec. 514; Matter of Delgadillo, 15 I&N Dec. 395; Matter of Galvan,14 I&N Dec. 518; Matter of Castro, 14 

I&N Dec. 492; Matter of Montero, 14 I&N Dec. 399; Matter of Wu, 14 I&N Dec. 290; Matter of Hoffman-Arvayo, 13 

I&N Dec. 750; Matter of Wighton, 13 I&N Dec. 683; Matter of Salviejo, 13 1&N Dec. 557; Matter of Escalante, 13 

I&N Dec. 223; and Matter of Vielma-Ortiz, 11 I&N Dec. 414. Complete text of these decisions will be separately 

provided in Wordperfect 6.1 format. 

In the Service Law Books INSERTS book, add 22 CFR 89 to the "Other Immigration related Codes" segment. Text 

will be separately provided in Wordperfect format. 

Please coordinate any questions concerning this request with Lawrence J. Weinig, Project Director for the Field 

Manual Project. 

Paul W.Virtue, 

Acting Executive Associate Commissioner 

Memorandum 

Date: June 24, 1997 

Subject: Cancellation of Operations Instructions 

To: All Regional Directors, 

All District Directors, 

All Service Center Directors, 

All Chief Patrol Agents, 

All Officers in Charge 

ODTF, Glynco 

ODTF, Artesia 

Director, Office of Policy Directives and Instructions 

From: Office of Programs 

As a result of enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) 

and publication of interim regulations on March 6, 1997 (62 FR 10312, Part II), the Operations Instructions listed 

below are hereby rescinded. Until publication of final operating procedures within revised Service handbooks 

or new field manuals, revised Service policy formerly contained in these Operations Instructions is included in 

the advance release of various chapters of the Inspector's Field Manual, the Interim Enforcement Officers 

Procedures and Chapter 7 of the Asylum Pre-Screening Officers Procedures Manual which have been separately 

distributed and which will ultimately be published as part of INSERTS. These advance chapters and procedures 

have also been disseminated to the regional offices for distribution to field offices and appear on the '96 Act 

bulletin board now available via CC: Mail at many field locations. Supplementary policy materials will also 

continue to be disseminated through the IIRIRA series of field cables, until such time as these materials are also 

included in more permanent manuals. 

Rescinded Operations Instructions: OI 101 (all), 103.1(e), 103.l(e-l), 103.1(f), 103.1(g), 208 (all),211.I, 211.2, 211.5, 

212.3, 212.8, 212.9, 212.l0, 212.lI, 212.12,Appendix 2l2.I, Appendix 212.8,215 (all), 231 (all), 233 (all), 235 (all), 

236 (all), 241 (all), 242.1, 242.2 (including appendix), 242.3, 242.4, 242.5, 242.6(a) through (c), 242.7(a) through 

(c), 242.10, 242.12, 243.1(a), 243.3(c), 243.5, 244(all), 246 (all), 251 (all), 252 (all except 252.5 and appendix to Ol 

252.5), 253(all), and 289 (all).


The Office of Field Operations has concurred with this memorandum. Please direct any questions concerning 

this instruction to Lawrence J.Weinig, Director, Manual Project Office. 

Paul W. Virtue 

Acting Executive Associate Commissioner

Inspector's Field Manual - Gani

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