N6.1.-- Members of Religious and Charitable Activities.
N6.1-1.-- Ministers on Evangelical Tour.
Ministers of religion proceeding to the United States to engage in an evangelical tour who do not plan to take an appointment with any one church, and who will be supported by offerings contributed at each evangelical meeting. [See N14 of this section and § 41.113 PN8].
N6.1-2.-- Ministers of Religion Exchanging Pulpits.
Ministers of religion temporarily exchanging pulpits with American counterparts, who will continue to be reimbursed by the foreign church and will draw no salary from the host church in the United States.
N6.1-3.-- Missionary Work.
Members of religious denominations, whether ordained or not, entering the United States temporarily for the sole purpose of performing missionary work on behalf of a denomination, so long as the work does not involve the selling of articles or the solicitation or acceptance of donations and provided the minister will receive no salary or remuneration from U.S. sources other than an expense allowance or other reimbursement for expenses incidental to the temporary stay.
"Missionary work" for this purpose may include religious instruction, aid to the elderly or needy, proselytizing, etc. It does not include ordinary administrative work, nor shall it be used as a substitute for ordinary labor for hire.
N6.1-4.-- Participants in Voluntary Service Programs.
(a) Aliens participating in a voluntary service program benefiting U.S. local communities, who establish that they are members of and have 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 volunteers' stay in the United States.
(b) A "voluntary service program" is an organized project conducted by a recognized religious or nonprofit charitable organization to provide assistance to the poor or the needy or to further a religious or charitable cause. The program may not, however, involve the selling of articles and/or the solicitation and acceptance of donations. The burden that the voluntary program meets the INS definition of ``voluntary service program'' is placed upon the recognized religious or nonprofit charitable organization, which must also meet other criteria set out in the INS Operating Instructions with regard to voluntary workers.
(c) The consular officer must assure that the written statement issued by the sponsoring organization is attached to the visa for presentation to the INS officer at the port of entry. The written statement will be furnished by the alien participating in a service program sponsored by the religious or nonprofit charitable organization and must contain INS required information such as:
(1) The volunteer's name and date and place of birth:
(2) The foreign permanent residence address;
(3) The name and address of initial destination in the United States; and
(4) Anticipated duration of assignment.
[See N14 of this section and § 41.113 PN8.]
N6.2.-- Members of Board of Directors of U.S. Corporation.
An alien who is a member of the board of directors of a U.S. corporation seeking to enter the United States to attend a meeting of the board or to perform other functions resulting from membership on the board.
N6.3-1.-- Servants of U.S. Citizens Residing Abroad.
Personal or domestic servants who accompany or follow to join U.S. citizen employers who have a permanent home or are stationed in a foreign country, and who are visiting the United States termporarily, provided the employer-employee relationship existed prior to the commencement of the employer's visit to the United States.
N6.3-2.-- Servants of U.S. Citizens on Temporary Assignment in United States.
Personal or domestic servants who are accompanying or following to join U.S. citizen employers temporarily assigned to the U.S. provided the consular officer is satisfied that:
(1) the employee has a residence abroad which he or she has no intention of abandoning; has been employed abroad by the employer as a personal or domestic servant for at least six months prior to the date of the employer's admission to the United States or, in the alternative, the employer can show that while abroad the employer has regularly employed a domestic servant in the same capacity as that intended for the applicant; can demonstrate at least one year experience as a personal or domestic servant by producing statements from previous employers attesting to such experience; and is in possession of an original contract or a copy of the contract, to be presented at the port of entry, showing original signatures of both the employer and the employee;
(2) The U.S. citizen employer is subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer's personnel office, and is returning to the United States for a stay of not more than four years. The employer will be the only provider of employment to the servant, and will provide the employee free room and board and a roundtrip airfare as indicated under the terms of the employment contract; and
(3) The required employment contract has been signed and dated by the employer and employee and contains a guarantee from the employer that, in addition to the provisions listed in item (2) above, the employer will receive the minimum or prevailing wages whichever is greater for an eight hour workday, and any other benefits normally required for U.S. domestic workers in the area of employment, and will be given at least two weeks notice of the employer's intent to terminate the employment. The employment contract also indicates that the employee will give not more than two weeks notice of intent to leave such employment. [See N14 of this section and § 41.113 PN8 for appropriate visa annotation.]
N6.3-3.-- Servants of Foreign Nationals in Nonimmigrant Status.
Personal or domestic servants who accompany or follow to join employers who seek admission into or already in the United States in B, E, F, H, I, J, L, or M nonimmigrant status, provided:
(1) The employee has a residence abroad which he or she has no intention of abandoning (notwithstanding the fact that the employer may be in a nonimmigrant status which does not require such a showing);
(2) The employee can demonstrate at least one year's experience as a personal or domestic servant, and
(3) The employee has been employed abroad by the employer as a personal or domestic servant, for at least one year prior to the date of the employer's admission to the United States; or
(4) If the employee-employer relationship existed immediately prior to the time of visa application, the employer can demonstrate that he or she has regularly employed (either year-round or seasonally) personal or domestic servants over a period of several years preceding the domestic servant's visa application for a nonimmigrant B-1 visa.
(5) The employer and the employee have signed an employment contract which contains statements that the employer guarantees the employee the minimum or prevailing wages, whichever is greater, and free room and board and will be the only provider of employment to the servant. [See N14 of this section and § 41.113 PN8.]
N6.3-4.-- Servants of Lawful Permanent Residents (LPRs).
Servants of all lawful permanent residents (LPRs), including conditional permanent residents and LPRs who have filed an Application to Preserve Residence for Naturalization Purposes (Form N-270), must obtain permanent resident status, as it is contemplated that the employing LPR is a resident of the United States.
N6.3-5.-- Source of Payment to B-1 Servants.
.The source of payment to a B-1 personal or domestic servant or the place where the payment is made or where the bank is located is not relevant.
N6.4.-- Professional Athletes.
(a) Professional athletes, such as golfers and auto racers, who receive no salary or payment other than prize money for their participation in a tournament or sporting event. [See N9 of this section and § 41.53 N9.]
(b) Athletes or team members who seek to enter the United States as members 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.
(c) Amateur hockey players who are asked to join a professional team during the course of the regular professional season or playoffs for brief try-outs. The players are draft choices who have not signed professional contracts, but have signed a memorandum of agreement with a National Hockey League-parent team. Under the terms of the agreement the team will provide only for incidental expenses such as round-trip fare, hotel room, meals, and transportation. At the time of the visa application or application for admission to the United States the players must provide a copy of the memorandum of agreement and a letter from the NHL team giving the details of the try-outs or, if an agreement is not available at that time, a letter from the NHL team stating that such an agreement has been signed and giving the details of the try-out.
N6.5.-- Yacht Crewmen.
Crewmen of a private yacht who are able to establish that they have a residence abroad which they do not intend to abandon, 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 for more than twenty-nine days.
N6.6.-- Coasting Officers.
See § 41.41 N3 for aliens seeking to enter the United States as "coasting officers."
N6.7.-- Investor Seeking Investment in United States.
An alien seeking investment in the United States which could qualify the alien for status as an E-2 investor. 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.
N6.8.-- Horse Races.
An alien coming to the United States to perform services on behalf of an employer of the alien's nationality as a jockey, sulkey driver, trainer, or groom. Such alien, however, is not allowed to work for any other foreign or U.S. employer.
N6.9.-- Outer Continental Shelf Employees.
The Outer Continental Shelf Lands Act Amendments of 1978 (OCSLA) were enacted on September 18, 1978. 43 USC 1356 of OCSLA directs, that with specified exceptions, all units operating on the Outer Continental Shelf (OCS) must employ only U.S. citizens or lawful permanent resident aliens as members of the regular complement of the unit. Subsequently, the Coast Guard issued regulations, (33 CFR 141), which became effective on April 5, 1983. The regulations contain guidelines concerning exemptions available to units operating on the OCS. Not included are non-members of the regular complement of a unit such as specialists, professionals, or other technically trained personnel called in to handle emergencies or other temporary operations, and extra personnel on a unit for training or for specialized operation, i.e. construction, alteration, well logging, or unusual repairs or emergencies.