matic passport, a visa may be granted under section 3(1) by the mission. Where a consul general, consul, or vice consul is not stationed at the capital, visas for government officials may be issued by the mission. In case a visa is granted by a mission under section 3(1), as provided for above, a report of such issuance shall be submitted on Form 258, revised May 1928, to the quota control officer of the quota to which the alien would have been charged if he had been a quota immigrant. (See par. 366, Consular Regulations; see also Ch. XII, Instructions to Diplomatic Officers.)

39. The term "government official" in section 3(1) is construed as the equivalent of the term "officer" in section 2 of the act of June 4, 1920. (See par. 75.) Foreign governments include national, provincial, state, or municipal governments, as explained in paragraphs 73– 76 concerning fees. The rank or position of the "government official" is not material. Families, attendants, servants, or employees of a government official may be granted passport visas under section 3(1) when following to join him in the United States, or may precede him if the official is following within a reasonable time.

40. All passport visas issued under section 3(1) should be granted without fee and the notation "gratis" placed thereon. (See also pars. 73-76.)

41. Officials of the United States Government are not contemplated in connection with the provision of section 3(1) of the act. The Department of Labor will construe liberally the application of section 3 (2) of the act regarding temporary visits in favor of an alien servant or employee accompanying an officer in the American Foreign Service who is visiting the United States on leave or in transit to a post to which he has been assigned, or who is proceeding to the Department on detail. It is considered, however, that a Foreign Service officer who is returning to the United States permanently is not entitled to bring with him as a nonimmigrant an alien who would be in effect an immigrant, even though such alien is in his employ as a servant.

Temporary Visitors

42. In passing on the applications of visitors to the United States under clause 2 of section 3 of the act, the consul must satisfy himself of the temporary nature of the visits. As an application for consideration as a nonimmigrant is inconsistent with an application for consideration as an immigrant, the filing of one application automatically cancels the other and any rights or priorities arising therefrom. (See par. 52.)

43. The law emphasizes the temporary nature of the visit, but does not specify the term. The Department of Labor defines a temporary visit as follows:

“An alien visiting the United States temporarily as a tourist or temporarily for business or pleasure" shall be construed to mean an alien who, having a fixed domicile in some other country which he has no intention to abandon, comes to the United States to remain for a temporary period only. Any alien who, after having been admitted for the alleged purpose of a temporary visit, is found to have taken up his permanent residence in the United States shall upon warrant of the Secretary of Labor be taken into custody and deported.

44. The Department of Labor's instructions to its port officials regarding the requirement of bonds in the case of nonimmigrant applicants for admission are as follows:

In cases where an alien is possessed of a document which has been visaed by the consular officer on the basis of a claim that such alien is visiting the United States temporarily as a tourist or temporarily for business or pleasure, or that he seeks to enter for the purpose of transit through the United States, or solely to carry on trade under and in pursuance of a present existing treaty of commerce and navigation, and the examining officer is in doubt of the applicant's status, such applicant shall be referred to a board of special inquiry, which may, as a condition precedent to admission, exact a bond in the sum of $500 conditioned, if of the visitor class, that the applicant shall depart from the United States within a reasonable period, to be fixed by the board and to be determined by the surrounding circumstances, or within 30 days if in transit through the United States, or that he shall maintain his exempt status if admitted solely to carry on trade under and in pursuance of a present existing treaty of commerce and navigation. At ports where there are no per

manent boards of special inquiry the exaction of bonds provided for in the foregoing shall be under the control of the respective officers in charge: Provided, That in all cases where it appears that the alien is coming to the United States for a temporary stay of more than one year the case shall be referred to the department for decision.

45. Occasionally an extension of stay may be granted by the Department of Labor to a visiting alien who has been admitted under a bond upon application to the Secretary of Labor, but no such applications will be received or considered until the period of stay originally granted is nearing completion.

46. Tourists, obviously well provided with funds, may be interrogated as to their itinerary in the United States or as to the arrangements they have made for their tour and their return passage.

47. A business man proceeding to the United States in the interests of his firm might be required to present a letter from the responsible head of the firm outlining the purposes of his visit.

48. Temporary visits, except under rule 8 of the Immigration Rules, for the purpose of performing labor for hire are not considered to be within the purview of section 3 (2) of the act. However, personal servants, accompanying their employers who are tourists or business men visiting the United States on a temporary visit, and leaving with them, might be granted passport visas under this section.

49. In considering the applications of persons desiring to enter the United States as temporary visitors, cases will arise in which the appearance of the applicants and the circumstances surrounding them will occasion doubt as to their being entitled to nonimmigrant status. In every such case the consul should require conclusive evidence that the applicant has in fact a fixed domicile abroad which he has no intention of giving up and that he desires to enter the United States temporarily as a tourist or temporarily for business or pleasure.

50. To establish nonimmigrant status the burden of proof is on the applicant to show that he has a fixed domicile abroad which he has no intention to abandon

and that he desires to come to the United States solely for one of the purposes mentioned in section 3 of the act.

51. The presence of close ties and means of support in the United States and the absence of compelling ties abroad which would make certain an alien's voluntary departure after a temporary visit to the United States would give rise to the presumption that the alien has no fixed domicile abroad which he has no intention to abandon and that he is not entitled to nonimmigrant status.

52. If such an applicant has previously expressed his desire to immigrate into the United States for permanent residence and is only applying for a visa as a temporary visitor because he is prevented from immigrating by quota restrictions, the above presumption is confirmed.

52a. In the event that an applicant is successful in establishing nonimmigrant status as a visitor, he may not make a simultaneous application for an immigration visa, or if he previously applied for an immigration visa, he may not be retained on the waiting list of prospective applicants for immigration visas, since the two applications are inconsistent (see par. 42).

52b. Bond. Consular officers are not authorized either to require or to accept bonds in immigration cases. The question of bond does not, therefore, arise until after an alien has received a visa and actually arrives at a port of entry to the United States. Willingness to give bond at that time if required by the immigration authorities is always presumed whenever a visa is granted and evidence of such willingness is not in itself sufficient to overcome the presumption that an alien is not entitled to nonimmigrant status arising from the circumstances in his case.

Aliens in Transit

53. The applications of aliens in continuous transit through the United States will be treated in accordance with paragraphs 78-88.

54. No documents will be required of aliens proceeding from one part of the United States to another through foreign contiguous territory.

Seamen

55. For special rules governing the documentation of seamen, see paragraph 315 et seq.

Aliens Coming under Treaties of Commerce and Navigation

56. Consuls will exercise special care in handling cases arising under section 3(6) of the act, which relates to aliens "entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation." The treaties referred to are those which were in force at the time of the enactment of the act of 1924. Under the law such persons may have their passports visaed as nonimmigrants. A list of these treaties may be found in the appendix. In general, they grant to the nationals of the countries which are parties to them the right to enter and reside in the United States for the purpose of promoting trade between the United States and such countries.

57. While the Department desires that consuls should extend every proper facility to aliens clearly coming within the purview of the statute and treaties, it considers it equally important that they should avoid granting visas to aliens wrongfully claiming rights thereunder.

58. In order to obtain a visa under the statutory and treaty provisions referred to, the applicant must show that he is going to the United States in the course of a business which involves substantial trade or commerce between the United States and the territory stipulated in the treaty. For example, one going to the United States as a member or agent of a commercial concern in his own country, in transactions involving commerce between the two countries, or one going to the United States with a stock of goods produced in his own country, to be sold in the United States and to be replenished from other goods produced in his own country, would be entitled to the benefits of the statutory and treaty provisions in question.