C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER E—VISAS › PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED › Subpart E—Crewman and Crew-List Visas

22 C.F.R. § 41.41

Crewmen

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(a) Alien classifiable as crewman. An alien is classifiable as a nonimmigrant crewman upon establishing to the satisfaction of the consular officer the qualifications prescribed by INA 101(a)(15)(D), provided that the alien has permission to enter some foreign country after a temporary landing in the United States, unless the alien is barred from such classification under the provisions of INA 214(f).

(b) Alien not classifiable as crewman. An alien employed on board a vessel or aircraft in a capacity not required for normal operation and service, or an alien employed or listed as a regular member of the crew in excess of the number normally required, shall not be classified as a crewman.

[52 FR 42597, Nov. 5, 1987, as amended at 66 FR 10364, Feb. 15, 2001]
Notes of Decisions
Cited in 14 cases, 1963–2012 · leading case: Kun Young Kim v. Dist. Dir. of the U. S. Immigr. & Naturalization Serv., 586 F.2d 713 (9th Cir. 1978).
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Kun Young Kim v. Dist. Dir. of the U. S. Immigr. & Naturalization Serv., 586 F.2d 713 (9th Cir. 1978). · cites it 8× “Noting that the controlling regulation ( 22 C.F.R. § 41.41 ) excludes from this status aliens who have invested “a small amount of capital in a marginal enterprise solely for the purpose of earning a living”, the district court concluded: “The investment of $15,000 to $29,000 in…”
Kyung Woon Choi v. United States Immigr. & Naturalization Serv., 798 F.2d 1189 (8th Cir. 1986). · cites it 4× “Note 11 to 22 C.F.R. § 41.41 , 9 United States Department of State Foreign Affairs Manual (1983) (hereinafter cited “F.”
Walsh & Pollard, 20 I. & N. Dec. 60 (BIA 1989). · cites it 5× “" 22 C.F.R. § 41.41 (a) (1987) (recodified at 22 C.”
Udgawa, 14 I. & N. Dec. 578 (BIA 1974). · cites it 5× “3, 1974 Applicant, who will supervise and train American workers as tempura cooks at a Japanese restaurant and will assist in the preparation of meals during the training period, is inadmissible as an employee of a treaty investor under section 101(aX15XEXii) of the Immigration…”
Damioli, 17 I. & N. Dec. 303 (BIA 1980). · cites it 4× “That the applicant could not qualify for treaty investor status under 22 C.F.R. 41.41 as an employee of an organization which is principally owned by a person having the nationality of the treaty country, because the owner of the involved enterprise is a United States citizen.”
Lee, 15 I. & N. Dec. 187 (BIA 1975). · cites it 6× “Note 5 to 22 CFR 41.41, Volume 9—Visas, Foreign Affairs Manual, states that insofar as the nationality of the corporations is concerned, Note 8 to 22 CFR 41.”
Maria F. Petitson v. U.S. Attorney Gen., 482 F. App'x 442 (11th Cir. 2012). “1 (a)(2); see also 22 C.F.R. § 41.41 (“An alien is classifiable as a nonimmigrant crewman upon establishing to the satisfaction of the consular officer the qualifications prescribed by INA [§ ] 101(a)(15)(D)”).”
Dong in Chung v. U.S. Immigr. & Naturalization Serv., 662 F. Supp. 474 (W.D. Wash. 1987). “22 C.F.R. § 41.41 (a). The standard of “a small amount of capital in a marginal enterprise solely to earn a living” must be applied to each situation in its entirety, and one factor that must be considered is the availability of other assets to cover living expenses.”
Csonka, 17 I. & N. Dec. 254 (BIA 1978). “22 C.F.R. 41.41 relates specifically to treaty investors and provides that an alien shall be classifiable as a nonimmigrant treaty investor if he establishes to the satisfaction of the Consular Officer that he qualifies under the provisions of section 101(a)(15)(E)(ii) of the…”
Int'l Longshoremen's & Warehousemen's Union v. Meese, 891 F.2d 1374 (9th Cir. 1989). · cites it 2× “22 C.F.R. § 41.41 (b) (1988) (emphasis added).”
Nago, 16 I. & N. Dec. 446 (BIA 1978). · cites it 2× “578 (BIA 1974), we pointed out that a reasonable construction of section 101(a)(15)(E)(ii) is con- tained in 22 C.F.R. 41.41. The relevant portion of this Department of State regulation states: (a) An alien shall be classifiable as a noninunigrant treaty investor if he…”
Kobayashi & Doi, 10 I. & N. Dec. 425 (BIA 1963). · cites it 2× “The pertinent State Department regulation (22 CFR 41.41) requires merely that an employee be "employed by a treaty investor in a respon- sible capacity".”
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— 22 C.F.R. § 41.41(a) — 2 cases
Lee, 15 I. & N. Dec. 187 (BIA 1975). “Note 5 to 22 CFR 41.41, Volume 9—Visas, Foreign Affairs Manual, states that insofar as the nationality of the corporations is concerned, Note 8 to 22 CFR 41.”
Chung, 15 I. & N. Dec. 681 (BIA 1976).
— 22 C.F.R. § 41.41(a)(2) — 1 case
Lee, 15 I. & N. Dec. 187 (BIA 1975). “Note 5 to 22 CFR 41.41, Volume 9—Visas, Foreign Affairs Manual, states that insofar as the nationality of the corporations is concerned, Note 8 to 22 CFR 41.”
— 22 C.F.R. § 41.41(a)(3) — 1 case
Damioli, 17 I. & N. Dec. 303 (BIA 1980). “That the applicant could not qualify for treaty investor status under 22 C.F.R. 41.41 as an employee of an organization which is principally owned by a person having the nationality of the treaty country, because the owner of the involved enterprise is a United States citizen.”
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