CODE OF FEDERAL REGULATIONS TITLES 6, 19, 20, 22, 28, 29, 42, 45 LIST OF SECTIONS

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1 CODE OF FEDERAL REGULATIONS TITLES 6, 19, 20, 22, 28, 29, 42, 45 LIST OF SECTIONS Preface... vii Table of Contents... xiii 6 CFR: Homeland Security CFR: Customs Duties CFR: Employees Benefits CFR: Foreign Relations CFR: Judicial Administration CFR: Labor CFR: Public Health CFR: Public Welfare Index v

2 6 CFR: HOMELAND SECURITY CHAPTER 1: DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY Part 5 Disclosure of Records and Information General provisions Public reading rooms Requirements for making requests Responsibility for responding to requests Timing of responses to requests Responses to requests Classified information Business information Appeals Preservation of records Fees Other rights and services General provisions Requests for access to records Responsibility for responding to requests for access to records Responses to requests for access to records Classified information Appeals Requests for amendment or correction of records Requests for an accounting of record disclosures Preservation of records Fees Notice of court-ordered and emergency disclosures Security of systems of records Contracts for the operation of record systems Use and collection of social security numbers Standards of conduct for administration of the Privacy Act Sanctions and penalties Other rights and services Purpose and scope; definitions Service of summonses and complaints Service of subpoenas, court orders, and other demands or requests for official information or action Testimony and production of documents prohibited unless approved by appropriate Department officials Procedure when testimony or production of documents is sought; general Procedure when response to demand is required prior to receiving instructions Procedure in the event of an adverse ruling Considerations in determining whether the Department will comply with a demand or request Prohibition on providing expert or opinion testimony Appendix A FOIA/Privacy Act Offices of the Department of Homeland Security Appendix B Public Reading Rooms of the Department of Homeland Security Appendix C DHS Systems of Records Exempt From the Privacy Act Part 7 Classified National Security Information Purpose Scope Definitions Authority of the Chief Security Officer, Office of Security Components responsibilities Violations of classified information requirements Judicial proceedings Classification and declassification authority Classification of information, limitations Classification pending review Emergency release of classified information Duration of classification Identification and markings Derivative classification Declassification and downgrading Automatic declassification Documents of permanent historical value Classification challenges Mandatory review for declassification requests Part 13 Program Fraud Civil Remedies Basis, purpose, scope and effect Definitions Basis for civil penalties and assessments Investigation Review by the Reviewing Official Prerequisites for issuing a Complaint Complaint Service of Complaint Answer Default upon failure to answer Referral of Complaint and answer to the ALJ Notice of hearing Parties to the hearing Separation of functions Ex parte contacts Disqualification of Reviewing Official or ALJ xiii

3 VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 6 CFR: HOMELAND SECURITY Rights of parties Authority of the ALJ Prehearing conferences Disclosure of documents Discovery Exchange of witness lists, statements, and exhibits Subpoenas for attendance at hearing Protective order Fees Filing, form and service of papers Computation of time Motions Sanctions The hearing and burden of proof Determining the amount of penalties and assessments Location of hearing Witnesses Evidence The record Post-hearing briefs Initial Decision Reconsideration of Initial Decision Appeal to Authority Head Stays ordered by the Department of Justice Stay pending appeal Judicial review Collection of civil penalties and assessments Right to administrative offset Deposit in Treasury of United States Compromise or settlement Limitations Part 37 Real ID Driver s Licenses and Identification Cards Applicability Definitions. For purposes of this part: Validity periods and deadlines for REAL ID driver s licenses and identification cards Application and documents the applicant must provide Document verification requirements Physical security features for the driver s license or identification card Requirements for the surface of the driver s license or identification card Machine readable technology on the driver s license or identification card Temporary or limited-term driver s licenses and identification cards Reissued REAL ID driver s licenses and identification cards Renewal of REAL ID driver s licenses and identification cards Driver s licenses and identification cards issued during the age-based enrollment period Prohibition against holding more than one REAL ID card or more than one driver s license Source document retention DMV databases Security plan Physical security of DMV production facilities Background checks for covered employees Compliance general requirements State certification documentation DHS reviews of State compliance Results of compliance determination Extension of deadline Effect of failure to comply with this Part Driver s licenses and identification cards issued under section 202(d)(11) of the REAL ID Act Part 115 Sexual Abuse and Assault Prevention Standards General definitions Definitions related to sexual abuse and assault Coverage of DHS immigration detention facilities Contracting with non-dhs entities for the confinement of detainees Detainee supervision and monitoring Juvenile and family detainees Limits to cross-gender viewing and searches Accommodating detainees with disabilities and detainees who are limited English proficient Hiring and promotion decisions Upgrades to facilities and technologies Evidence protocols and forensic medical examinations Policies to ensure investigation of allega-tions and appropriate agency oversight Staff training Other training Detainee education Specialized training: Investigations Specialized training: Medical and mental health care Assessment for risk of victimization and abusiveness Use of assessment information Protective custody Detainee reporting Grievances Detainee access to outside confidential support services Third-party reporting Staff reporting duties Protection duties xiv Copyright American Immigration Lawyers Association

4 6 CFR: HOMELAND SECURITY VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) Reporting to other confinement facilities Responder duties Coordinated response Protection of detainees from contact with alleged abusers Agency protection against retaliation Post-allegation protective custody Criminal and administrative investigations Evidentiary standard for administrative investigations Reporting to detainees Disciplinary sanctions for staff Corrective action for contractors and volunteers Disciplinary sanctions for detainees Medical and mental health assessments; history of sexual abuse Access to emergency medical and mental health services Ongoing medical and mental health care for sexual abuse victims and abusers Sexual abuse incident reviews Data collection Data review for corrective action Data storage, publication, and destruction Audits of standards Additional provisions in agency policies Coverage of DHS holding facilities Zero tolerance of sexual abuse; Prevention of Sexual Assault Coordinator Contracting with non-dhs entities for the confinement of detainees Detainee supervision and monitoring Juvenile and family detainees Limits to cross-gender viewing and searches Accommodating detainees with disabilities and detainees who are limited English proficient Hiring and promotion decisions Upgrades to facilities and technologies Evidence protocols and forensic medical examinations Policies to ensure investigation of allegations and appropriate agency oversight Employee, contractor, and volunteer training Notification to detainees of the agency s zerotolerance policy [Reserved] Specialized training: Investigations Assessment for risk of victimization and abusiveness Detainee reporting [Reserved] Third-party reporting Staff reporting duties Agency protection duties Reporting to other confinement facilities Responder duties Coordinated response Protection of detainees from contact with alleged abusers Agency protection against retaliation Criminal and administrative investigations Evidentiary standard for administrative investigations Disciplinary sanctions for staff Corrective action for contractors and volunteers [Reserved] Access to emergency medical services Sexual abuse incident reviews Data collection Data review for corrective action Data storage, publication, and destruction Audits of standards Additional provisions in agency policies Scope of audits Auditor qualifications Audit contents and findings Audit corrective action plan Audit appeals [2016 Edition] xv

5 VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 19 CFR: CUSTOMS DUTIES 19 CFR: CUSTOMS DUTIES CHAPTER I: U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY Part 103 Availability of Information Scope Public reading room Department of Homeland Security Freedom of Information Act procedures Department of Homeland Security Privacy Act Procedures [Reserved] Purpose and definitions Procedure in the event of a demand for CBP information in any federal, state, or local civil proceeding or administrative action Factors in determining whether to disclose information pursuant to a demand Procedure in the event a decision concerning a demand is not made prior to the time a response to the demand is required Procedure in the event of an adverse ruling Procedure in the event of a demand for CBP information in a state or local criminal proceeding Procedure in the event of a demand for CBP information in a foreign proceeding Information on vessel manifests and summary statistical reports a Advance electronic information for air, truck, and rail cargo; Importer Security Filing information for vessel cargo Information concerning fines, penalties, and forfeitures cases Release of information to foreign agencies Sanctions for improper actions by CBP of-ficers or employees Confidential commercial information; exempt Contents of request Domestic interested party Filing of petitions Contents of petition Notice of filing of petition, inspection of petition, and inspection of documents and papers Publication of decisions following petition Notice of desire to contest decision Publication following notice of desire to contest Procedure at port of entry designated by petitioner Publication of notice of court decision Part 161 General Enforcement Provisions Scope Enforcement for other agencies Compromise of Government claims Eligibility for compensation Advising informant of entitlement Confidentiality for informant Filing a claim for informant compensation Part 175 Petitions by Domestic Interested Parties Scope Submission of request xvi Copyright American Immigration Lawyers Association

6 20 CFR: EMPLOYEES BENEFITS TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 20 CFR: EMPLOYEES BENEFITS CHAPTER III SOCIAL SECURITY ADMINISTRATION Part 422 Organization and Procedures Material included in this subpart Social Security numbers Who can be assigned a Social Security number Presumption of authority of nonimmigrant alien to engage in employment Filing applications with other government agencies Evidence requirements Criminal penalties Individual s request for change in record CHAPTER V EMPLOYMENT AND TRAINING ADMINISTRATION DEPARTMENT OF LABOR Part 602 Quality Control in the Federal-State Unemployment Insurance System Purpose Scope Federal law requirements Secretary s interpretation Organization Standard methods and procedures Exceptions Management Oversight Funding Proper expenditure of Quality Control granted funds Effect of failure to implement Quality Control program No incentives or sanctions based on specific error rates Appendix A Standard for Claim Determinations Separation Information Part 655 Temporary Employment of Foreign Workers in the United States Scope and purpose of part Authority of the Office of Foreign Labor Certification (OFLC) Administrator under subparts A, B, and C Purpose and scope of subpart A Territory of Guam Special procedures Definitions of terms used in this subpart Purpose and scope of subpart A Temporary need Persons and entities authorized to file Requirements for agents Disclosure of foreign worker recruitment Determination of prevailing wage for temporary labor certification purposes Registration of H-2B employers Use of registration of H-2B employers Review of PWDs [Reserved] Application filing requirements Filing of the job order at the SWA Emergency situations Job order assurances and contents Job contractor filing requirements Assurances and obligations of H-2B employers [Reserved] Processing of an application and job order Notice of deficiency Submission of a modified application or job order Notice of acceptance Electronic job registry Amendments to an application or job order [Reserved] Employer-conducted recruitment Advertising requirements Newspaper advertisements Contact with former U.S. employees [Reserved] Contact with bargaining representative, posting and other contact requirements Additional employer-conducted recruitment Referrals of U.S. workers Recruitment report [Reserved] Determinations Criteria for certification Approved certification Denied certification Partial certification Validity of temporary labor certification Document retention requirements of H-2B employers Request for determination based on nonavailability of U.S. workers [Reserved] Extensions Administrative review Withdrawal of an Application for Temporary Employment Certification Public disclosure [Reserved] Audits [2016 Edition] xvii

7 VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 20 CFR: EMPLOYEES BENEFITS CO-ordered assisted recruitment Revocation Debarment [Reserved] [Reserved] Scope and purpose of subpart B Authority of the Office of Foreign Labor Certification (OFLC) Administrator Special procedures Overview of this subpart and definition of terms Offered wage rate Job orders Contents of job offers Application filing requirements Association filing requirements H-2A labor contractor (H-2ALC) filing requirements Requirements for agents Emergency situations Assurances and obligations of H-2A employers Review of applications Notice of deficiency Submission of modified applications Notice of acceptance Electronic job registry Amendments to applications for temporary employment certification Interstate clearance of job order Newspaper advertisements Advertising requirements Contact with former U.S. employees Additional positive recruitment Referrals of U.S. workers Recruitment report Withholding of U.S. workers prohibited Duration of positive recruitment Determinations Criteria for certification Approved certification Certification fee Denied certification Partial certification Requests for determinations based on nonavailability of U.S. workers Document retention requirements Extensions Appeals Withdrawal of job order and application for temporary employment certification Setting meal charges; petition for higher meal charges Public disclosure Audit Revocation Debarment Less than substantial violations Applications involving fraud or willful misrepresentation Job service complaint system; enforcement of work contracts Scope and purpose of herding and range livestock regulations Definition of herding and range livestock terms Herding and range livestock job orders Contents of job herding and range livestock orders Herding and range livestock wage rate Procedures for filing herding and range livestock applications for temporary employment certification Processing herding and range livestock applications for temporary employment certification Post-acceptance requirements for herding and range livestock Range housing Standards for range housing Purpose, procedure and applicability of subparts F and G of this part Overview of responsibilities Definitions Employer attestations Special provisions regarding automated vessels Special provisions regarding the performance of longshore activities at locations in the State of Alaska Who may submit attestations for locations in Alaska? Where and when should attestations be submitted for locations in Alaska? What should be submitted for locations in Alaska? The first attestation element for locations in Alaska: Bona fide request for dispatch of United States longshore workers The second attestation element for locations in Alaska: Employment of United States longshore workers The third attestation element for locations in Alaska: No intention or design to influence bargaining representative election The fourth attestation element for locations in Alaska: Notice of filing Actions on attestations submitted for filing for locations in Alaska Effective date and validity of filed attestations for locations in Alaska Suspension or invalidation of filed attestations for locations in Alaska Withdrawal of accepted attestations for locations in Alaska Public access xviii Copyright American Immigration Lawyers Association

8 20 CFR: EMPLOYEES BENEFITS VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) Enforcement authority of Administrator, Wage and Hour Division Complaints and investigative procedures Automated vessel exception to prohibition on utilization of alien crewmember(s) to perform longshore activity(ies) at a U.S. port Cease and desist order Civil money penalties and other remedies Written notice, service and Federal Register publication of Administrator s determination Request for hearing Rules of practice for administrative law judge proceedings Service and computation of time Administrative law judge proceedings Decision and order of administrative law judge Secretary s review of administrative law judge s decision Administrative record Notice to the Department of Homeland Security and the Employment and Training Administration Federal Register notice of determination of prevailing practice Non-applicability of the Equal Access to Justice Act What statutory provisions govern the employment of H-1B, H-1B1, and E-3 nonimmigrants and how do employers apply for H-1B, H-1B1, and E-3 visas? What federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers? What is the procedure for filing a complaint? Definitions Where are labor condition applications (LCAs) to be filed and processed? [Reserved] What is the process for filing a labor condition application? What is the first LCA requirement, regarding wages? What is the second LCA requirement, regarding working conditions? What is the third LCA requirement, regarding strikes and lockouts? What is the fourth LCA requirement, regarding notice? What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the area(s) of intended employment listed on the LCA? What are H-1B-dependent employers and willful violators? What are exempt H-1B nonimmigrants, and how does their employment affect the additional attestation obligations of H-1B-dependent employers and willful violator employers? What are the non-displacement of U.S. workers obligations that apply to H-1B-dependent employers and willful violators, and how do they operate? What is the recruitment of U.S. workers obligation that applies to H-1B-dependent employers and willful violators, and how does it operate? What actions are taken on labor condition applications? What is the validity period of the labor condition application? What records are to be made available to the public, and what records are to be retained? Who will enforce the LCAs and how will they be enforced? What protection do employees have from retaliation? What violations may the Administrator investigate? Who may file a complaint and how is it processed? How may someone who is not an aggrieved party allege violations, and how will those allegations be processed? Under what circumstances may random investigations be conducted? What remedies may be ordered if violations are found? What are the requirements for the Administrator s determination? How is a hearing requested? What rules of practice apply to the hearing? What rules apply to service of pleadings? How will the administrative law judge conduct the proceeding? What are the requirements for a decision and order of the administrative law judge? What rules apply to appeal of the decision of the administrative law judge? Who has custody of the administrative record? What notice shall be given to the Employment and Training Administration and the DHS of the decision regarding violations? What are the purposes, procedures and applicability of these regulations in subparts L and M of this part? What are the responsibilities of the government agencies and the facilities that participate in the H-1C program? What are the definitions of terms that are used in these regulations? What requirements are imposed in the filing of an attestation? Element I What hospitals are eligible to participate in the H-1C program? Element II What does no adverse effect on wages and working conditions mean? Element III What does facility wage rate mean? [2016 Edition] xix

9 VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 20 CFR: EMPLOYEES BENEFITS Element IV What are the timely and significant steps an H-1C employer must take to recruit and retain U.S. nurses? Element V What does no strike/lockout or layoff mean? Element VI What notification must facilities provide to registered nurses? Element VII What are the limitations as to the number of H-1C nonimmigrants that a facility may employ? Element VIII What are the limitations as to where the H-1C nonimmigrant may be employed? What criteria does the Department use to determine whether or not to certify an Attestation? When will the Department suspend or invalidate an approved Attestation? What appeals procedures are available concerning ETA s actions on a facility s Attestation? What materials must be available to the public? What enforcement authority does the Department have with respect to a facility s H-1C Attestations? What is the Administrator s responsibility with respect to complaints and investigations? What penalties and other remedies may the Administrator impose? How are the Administrator s investigation findings issued? Who can appeal the Administrator s findings and what is the process? What are the rules of practice before an ALJ? What time limits are imposed in ALJ proceedings? What are the ALJ proceedings? When and how does an ALJ issue a decision? Who can appeal the ALJ s decision and what is the process? Who is the official record keeper for these administrative appeals? What are the procedures for debarment of a facility based on a finding of violation? Can Equal Access to Justice Act attorney fees be awarded? Purpose and scope of subpart B Authority of ETA-OFLC Special procedures Overview of subpart B and definition of terms Applications for temporary employment certification in agriculture Required pre-filing activity Advertising requirements Contents of job offers Assurances and obligations of H-2A employers Assurances and obligations of H-2A Labor Contractors Processing of applications Offered wage rate Labor certification determinations Validity and scope of temporary labor certifications Required departure Audits H-2A applications involving fraud or willful misrepresentation Setting meal charges; petition for higher meal charges Administrative review and de novo hearing before an administrative law judge Job Service Complaint System; enforcement of work contracts Revocation of approved labor certifications Debarment Document retention requirements Part 656 Labor Certification Process for Permanent Employment of Aliens in the United States Purpose and scope of part Description of the Immigration and Nationality Act and of the Department of Labor s role thereunder Definitions, for purposes of this part, of terms used in this part Schedule A General instructions Substitutions and modifications to applications Improper commerce and payment Applications for labor certification for Schedule A occupations Labor certification applications for sheepherders Basic labor certification process Optional special recruitment and documentation procedures for college and university teachers Live-in household domestic service workers Audit procedures Supervised recruitment Labor certification determinations Board of Alien Labor Certification Appeals review of denials of labor certification Consideration by and decisions of the Board of Alien Labor Certification Appeals Validity of and invalidation of labor certifications Labor certification applications involving fraud, willful misrepresentation, or violations of this part Revocation of approved labor certifications Determination of prevailing wage for labor certification purposes Review of prevailing wage determinations xx Copyright American Immigration Lawyers Association

10 22 CFR: FOREIGN RELATIONS VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 22 CFR: FOREIGN RELATIONS CHAPTER I DEPARTMENT OF STATE Part 7 Board of Appellate Review Part 22 Schedule of Fees for Consular Services Department of State and Foreign Service Schedule of fees Requests for services in the United States Remittances in the United States Requests for services, Foreign Service Remittances to Foreign Service posts Refund of fees Collection and return of fees Part 40 Regulations Pertaining to Both Nonimmigrants and Immigrants Under the Immigration and Nationality Act, As Amended Definitions Documentation of nationals Entry into areas under U.S. administration Furnishing records and information from visa files court proceedings Limitations on the use of National Crime Information Center (NCIC) criminal history information Basis for refusal [Reserved] Classes of inadmissible aliens Medical grounds of ineligibility [Reserved] Crimes involving moral turpitude and controlled substance violators Multiple criminal convictions Controlled substance traffickers. [Reserved] Prostitution and commercialized vice Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. [Reserved] [Reserved] General. [Reserved] Terrorist activities. [Reserved] Foreign policy. [Reserved] Immigrant membership in totalitarian party Participants in Nazi persecutions or genocide [Reserved] Public charge [Reserved] Labor certification Unqualified physicians Uncertified foreign health-care workers [Reserved] Aliens present without admission or parole Failure to attend removal proceedings Misrepresentation; Falsely claiming citizenship Stowaways Smugglers Subject of civil penalty Student visa abusers Aliens subject to INA 222(g) [Reserved] Documentation requirements for immigrants Documentation requirements for nonimmigrants [Reserved] Ineligible for citizenship Alien who departed the United States to avoid service in the armed forces [Reserved] Certain aliens previously removed Aliens unlawfully present Aliens unlawfully present after previous immigration violations [Reserved] Practicing polygamists Guardian required to accompany excluded alien International child abduction Unlawful voters Former citizens who renounced citizenship to avoid taxation [Reserved] Failure of application to comply with INA Certain former exchange visitors Alien entitled to A, E, or G nonimmigrant classification [Reserved] Applicant for immigrant visa under INA 203(c) Frivolous applications. [Reserved] [Reserved] Waiver for ineligible nonimmigrants under INA 212(d)(3)(A) Part 41 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, As Amended Definitions Exemption by law or treaty from passport and visa requirements Exemption or Waiver by Secretary of State and Secretary of Homeland Security of passport and/or visa requirements for certain categories of nonimmigrants [2016 Edition] xxi

11 VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 22 CFR: FOREIGN RELATIONS 41.3 Waiver by joint action of consular and immigration officers of passport and/or visa requirements Entitlement to nonimmigrant status Classification symbols Foreign Officials General Officials of foreign governments Accredited officials in transit International organization aliens NATO representatives, officials, and employees Diplomatic visas Official visas Temporary visitors for business or pleasure Nonresident alien Mexican border crossing identification cards; combined border crossing identification cards and B-1/B-2 visitor visas Nonresident alien Canadian border crossing identification card (BCC) Crewmen [Reserved] Treaty trader, treaty investor, or treaty alien in a specialty occupation Information media representative Temporary workers and trainees Intracompany transferees (executives, managers, and specialized knowledge employees) Aliens with extraordinary ability Athletes, artists and entertainers International cultural exchange visitors and visitors under the Irish Peace Process Cultural and Training Program Act (IPPCTPA) Aliens in religious occupations Professionals under the North American Free Trade Agreement Students academic and nonacademic Exchange visitors Two-year home-country physical presence requirement Transit aliens Fiancé(e) or spouse of a U.S. citizen and derivative children Certain parents and children of section 101(a)(27)(I) special immigrants. [Reserved] Certain witnesses and informants Victims of trafficking in persons Certain spouses and children of lawful permanent resident aliens Place of application Personal appearance of applicant Filing an application Passport requirements Supporting documents and fingerprinting Processing Visa fees Medical examination Authority to issue visa Validity of visa Procedures in issuing visas Refusal of individual visas Revocation of visas Part 42 Visas: Documentation of Immigrants Under the Immigration and Nationality Act, as Amended Aliens not required to obtain immigrant visas Aliens not required to present passports Classification symbols Rules of chargeability Immediate relatives Returning resident aliens Certain former U.S. citizens Adoption under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Intercountry Adoption Act of Family-sponsored immigrants Employment-based preference immigrants Diversity immigrants Effect of approved petition Petitions for immediate relative or preference status Suspension or termination of action in petition cases Department control of numerical limitations Post records of visa applications Priority date of individual applicants Order of consideration Reports on numbers and priority dates of applications on record Place of application Personal appearance and interview of applicant Application forms and other documentation Passport requirements Supporting documents Medical examination Execution of application, registration, and fingerprinting Informal evaluation of family members if principal applicant precedes them Authority to issue visas; visa fees Validity of visas Procedure in issuing visas Issuance of new or replacement visas Procedure in refusing individual visas Revocation of visas Termination of registration xxii Copyright American Immigration Lawyers Association

12 22 CFR: FOREIGN RELATIONS VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) Part 46 Control of Aliens Departing from the United States Definitions Authority of departure-control officer to prevent alien s departure from the United States Aliens whose departure is deemed prejudicial to the interests of the United States Procedure in case of alien prevented from departing from the United States Hearing procedure before special inquiry officer Departure from the Canal Zone, the Trust Territory of the Pacific Islands, or outlying possessions of the States Instructions from the Administrator required in cases Part 50 Nationality Procedures Definitions Determination of U.S. nationality of persons abroad Application for registration Application for passport Application for registration of birth abroad Registration at the Department of birth abroad Consular Report of Birth Abroad of a Citizen of the United States of America Certification of Report of Birth Abroad of a United States Citizen Card of identity Certificate of nationality Certificate of identity for travel to the United States to apply for admission Retention of nationality Resumption of nationality Certification of loss of U.S. nationality Renunciation of nationality Review of finding of loss of nationality Part 51 Passports Definitions Passport issued to nationals only Types of passports Validity of passports Adjudication and issuance of passports Verification of passports and release of information from passport records Passport property of the U.S. Government Submission of currently valid passport Amendment of passports Replacement passports General Execution of passport application Passport agents and passport acceptance agents Identity of applicant Affidavit of identifying witness Name of applicant to be used in passport Photographs Incompetents Minors Burden of proof Documentary evidence Persons born in the United States applying for a passport for the first time Persons born outside the United States applying for a passport for the first time Proof of resumption or retention of U.S. citizenship Department discretion to require evidence of U.S. citizenship or non-citizen nationality Return or retention of evidence of U.S. citizenship or non-citizen nationality Form of payment Passport fees Exemption from payment of passport fees Refunds Replacement passports without payment of applicable fees Execution fee not refundable Expedited passport processing Denial and restriction of passports Denial of passports to certain convicted drug traffickers Revocation or limitation of passports Passports invalid for travel into or through restricted areas; prohibition on passports valid only for travel to Israel Special validation of passports for travel to restricted areas Notification of denial or revocation of passport Surrender of passport Request for hearing to review certain denials and revocations The hearing Transcript and record of the hearing Privacy of hearing Final decision Part 52 Marriages Part 53 Passport Requirement and Exceptions Passport requirement; definitions Exceptions Attempt of a citizen to enter without a valid passport Optional use of a valid passport [2016 Edition] xxiii

13 VOL. 2: TABLE OF CONTENTS (CFR 6, 19, 20, 22, 28, 29, 42, 45) 22 CFR: FOREIGN RELATIONS Part 61 World-Wide Flow of Audio-Visual Materials Purpose Definitions Certification and authentication criteria Certification procedures Exports Authentication procedures Imports Consultation with subject matter specialists Review and appeal procedures Coordination with United States Customs Service General information Part 62 Exchange Visitor Program Purpose Definitions Sponsor eligibility Categories of participant eligibility Application procedure Designation Redesignation General program requirements General obligations of sponsors Program administration Duties of Responsible Officers and Alternate Responsible Officers Control of Forms DS Notification requirements Insurance Reporting requirements Employment Fees and charges Professors and research scholars Short-term scholars Trainees and interns College and university students Teachers Secondary school students Specialists Alien physicians International visitors Government visitors Camp counselors Au pairs Summer work travel Termination of program participation Change of category Transfer of program Extension of program [Removed] Reinstatement to valid program status Sanctions Termination of designation Revocation Termination of, or denial of redesignation for, a class of designated programs Responsibilities of the sponsor upon termination or revocation Part 63 Payments to and on Behalf of Participants in the International Educational and Cultural Exchange Program Definitions Applicability of this part under special circumstances Grants to foreign participants to observe, consult, demonstrate special skills, or engage in specialized programs Grants to foreign participants to lecture, teach, and engage in research Grants to foreign participants to study Assignment of United States Government employees to consult, lecture, teach, engage in research, or demonstrate special skills Grants to United States participants to consult, lecture, teach, engage in research, demonstrate special skills, or engage in specialized programs Grants to United States participants to study General provisions Part 64 Participation by Federal Employees in Cultural Exchange Programs of Foreign Countries Purpose Definitions Submission of application Contents of application Criteria for approval of program Request for further information Approval of application Obligation of employee to advise agency Termination of approval Grant not to constitute a gift Part 65 Foreign Students Regulations to be drafted Applications Reference of applications Copies of regulations to Department of State Granting of application Part 66 Availability of the Records of the National Endowment for Democracy Introduction xxiv Copyright American Immigration Lawyers Association

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