30.2 Extension of Stay for Nonimmigrants.

(a) General .

Except as stated below, a nonimmigrant admitted for a specified period of time may request an extension of his or her admission period in order to continue to engage in those activities permitted under the visa category in which he or she was admitted. General requirements (such as those relating to passport validity, waivers of inadmissibility, and posting of a bond) for an extension of stay are discussed in 8 CFR 214.1(a) . An application for an extension of stay is filed on Form I-129 , Petition for a Nonimmigrant Worker, or Form I-539 , Application to Extend/Change Nonimmigrant Status, as specified in 8 CFR 214.1(c) , depending upon the nonimmigrant classification of the applicant. Form I-539 is used primarily for B-1/B-2, A-3/G-5, and M-1/M-2 extensions, as well as for student reinstatements and extensions of some dependents not included on the I-129 extension for a principal alien. Form I-129 is used to extend nonimmigrants working for a specific employer.

(b) Limitations .

Aliens in classes C, D, K, WT, WB, and TWOV are ineligible for an extension of stay.

(c) Use of Form I-539 for Extension of Stay .

(1) Initial receipting .

The applicant must file Form I-539 with the service center having jurisdiction over his or her residence, except student (F or M) reinstatement requests, which are filed at local offices. Editions of Form I-539 prior to the most current edition should not be accepted for purposes of extension of stay. A single application may be filed by a family group, provided all family members hold the same status or derivative status.

(2) Preliminary Review .

Preliminary review, in addition to general items discussed in Chapter 10.2, includes the following:

(A) The applicaton must be filed wit the office having jurisdiction. All I-539 extension requests must be filed at the appropriate service center except those relating to F/M student reinstatements.

(B) Aliens in B-1 or B-2 status must provide a statement explaining the purpose of the requested extension, departure arrangements and what, if any, effect the proposed extensions would have on his or her permanent residence.

(C) A-3 and G-5 aliens must submit an executed Form I-566, a letter from their employer detailing their job duties and evidence of the employee’s status (usually an I-94 copy). [See also Chapter 30.6 .]

(D) J nonimmigrants must submit a current IAP-66 covering the requested period of extension.

(E) Dependents of various temporary workers must submit evidence of the principal alien’s status (or evidence of a pending petition for such status).

(F) Students seeking reinstatement must submit evidence of eligibility, including financial information and a current I-20.

(G) (Chapter 30.2(c)(2)(G), revised 07-27-2005) .The applicaiton must contain the original or copy of the arrival portion of the applicant’s Form I-94, if any. Original I-94 forms are required in cases which are adjudicated at district offices. Copies may be submitted in cases which are adjudicated at service centers.

Note 1:

If I-94 copies are submitted even though originals were required, or vice versa, and the application will be adjudicated in CLAIMS, continue processing unless there is some apparent need to examine an original form. The CLAIMS-generated approval notice, Form I-797A includes a replacement I-94, which is to be attached to the original. Upon approval, return any original I-94 which was improperly submitted.

Note 2:

If an extension applicant claims to have lost his or her I-94 , a separate Form I-102 , Application for Replacement/Initial Arrival/Departure Record should be filed. Although a CLAIMS-generated I-94 is issued in the course of adjudicating the extension application, the instructions indicate that it is to be attached to the original I-94 (or the replacement original). Verify arrival from TECS or, if no record can be found, obtain a copy of the applicant’s passport page containing the admission stamp. Please consult TECS manual for current instructions.

(H) Dependents .

When an application for an extension of a dependent is not filed concurrently with the principal alien, evidence of the principal’s status must accompany the application. This information may be verifiable in CLAIMS. There is no dependent status for Q-1 or TN nonimmigrants; however such dependents may separately qualify for nonimmigrant status, usually B-2.

Note:

(The Q-3 nonimmigrant category pertains only to dependents of Q-2 nonimmigrants.)

(3) Adjudication .

Nonimmigrant extensions are generally simple to adjudicate. Because the benefit sought is short-lived, these applications should be processed as quickly as possible, to ensure the request is acted upon while it is still relevant. Timely adjudication is also important because an applicant is not considered to be maintaining status simply because an extension application is pending [See Matter of Teberan , 15 I&N Dec. 689 (BIA 1976)]. The following actions, in addition to the general steps described in Chapter 10.3 , are ordinarily required during the I-539 adjudication process:

(A) Determine If the Application Was Timely Filed .

Although an application for extension of stay is ordinarily required to be submitted before the expiration of the applicant’s previously authorized period of stay, the adjudicator has discretion to grant an extension based on an untimely application. In deciding such a case, determine the reasons for late filing and whether the reasons were beyond the applicant’s control, the degree of lateness, whether there is any indication that the applicant may have violated status in some other way, whether the applic ant is otherwise a bona fide nonimmigrant, and whether the applicant has been apprehended and placed in proceedings by the Service.

Note 1

Issues surrounding the alien’s original entitlement to nonimmigrant status were explored by INS or CBP and Department of State officials at the time of initial admission and visa issuance (or, in the case of visa exempt aliens, by INS or CBP alone). Absent gross error, changed circumstances or new information, these should not be revisited in extension proceedings. However, if the adjudicator has strong reason to believe that the alien was not entitled to a nonimmigrant status in the first place, he or she may seek clarification from the applicant through correspondence or by requiring an interview at the appropriate local office. If it is established that the applicant was not entitled to the status initially, the application should be denied and (if appropriate) the information provided to the visa issuing post or port-of-entry through normal intelligence and liaison procedures. Additionally, the information may form the basis of an additional charge (under section 237(a)(1)) on the Notice to Appear initiat ing removal proceedings. In extreme cases, where employee misconduct is suspected, the Office of Professional Responsibility should be advised.

Note 2

Inadmissibility Issues . At times, you may encounter an applicant for change of status and/or extension of stay who is inadmissible to the U.S., but who never obtained a waiver of such inadmissibility. Likewise, you may encounter an alien who had previously received a limited duration waiver of inadmissibility which has expired, or will expire before the end of the extension he/she is seeking. In either case, you may not grant such alien a change of status or an extension of stay unless and until he or she has applied for and been granted a waiver of his or her inadmissibility which covers the entire period of his or her proposed stay in the U.S. [See AFM Chapter 42 regarding adjudication of nonimmigrant waivers of inadmissibility] In addition to the general factors discussed in Chapter 42, in the case of an alien who was inadmissible at the time of his or her original admission as a nonimmigrant but was not in possession of waiver, you must also determine the reason(s) a waiver was not obtained at that time or when the alien applied for a nonimmigrant visa. If the alien willfully concealed his or her inadmissibility from the consular officer or the inspect ing officer, the alien may be inadmissible under section 212(a)(6)(C) of the Act in addition to the original grounds of inadmissibility. If the waiver was not obtained due to an honest misunderstanding on the part of the alien, or an error on the part of the consular or immigration officer, then only the merits of waiving the original ground of inadmissibility need be taken under consideration. If appropriate, the waiver request may be granted nunc pro tunc to cover the original admission as well as the proposed extension.

(B) Verify Passport Validity .

An applicant need not submit a valid passport with his or her application since Part 4 of the application contains passport validity information. The applicant must hold a valid passport at the time of application and is required to maintain validity during the entire period of his or her stay in the United States. [See 8 CFR 214.1.] This does not preclude the adjudicating officer from requiring submission of evidence of the validity of the passport, if the officer has reason to believe that the alien has falsely claimed that it is valid.

(C) Decide If a Favorable Exercise of Discretion Is Warranted .

Applications for extensions of stay are matters solely within the administrative discretion of the director. Before approving an application for an extension, the adjudicator must be satisfied that the applicant will continue to engage only in activities specifically consistent with his or her nonimmigrant status. [See Matter of Sourbis , 11 I&N Dec. 335 (BIA 1965); Matter of Sparmann , 11 I&N Dec. 285 (Acting District Director, 1965); Matter of Rogalski , 14 I&N Dec. 507 (District Director, 1973); Matter of Healy and Goodchild , 17 I&N Dec. 22 (BIA, 1979)]. In determining whether a favorable exercise of discretion is warranted consider, among other things:

· the applicant’s age and condition (and how that relates to the specific reasons given for the requested extension). For example, a healthy, working or school age B-2 extension applicant staying in the home of a family with small children for a prolonged period could give rise to the suspicion that the applicant is actually providing child care or attending school.

· whether the applicant is likely to attempt to stay indefinitely. USCIS may terminate a nonimmigrant’s authorized period of stay when it becomes aware the alien intends to remain indefinitely in the U.S. [See Matter of Safadi, 11 I&N Dec 446 (BIA 1965) ].

(D) Determine Whether Alien Is a Visas Mantis Case .

If so, follow the Visas Mantis reporting procedures discussed in Chapter 30.2(e) .

Note:

The usual time allowed for an extension for a B-1 visitor is the length of time requested, or no more than six (6) months at one time, whichever is less. However, B-1 members of a religious denomination doing temporary missionary work may be granted extensions up to one year in length.

(4) Interview .

Requiring a personal appearance by an applicant or requesting a formal investigation for an extension should rarely be required. Likewise, requests for additional evidence should be relatively unusual. The application itself, supporting documentation required by the instructions on the form and existing INS or USCIS records will enable you to adjudicate virtually any extension of stay request.

(5) Revocation of Extensions .

USCIS has the authority to reopen and deny an extension which was granted without knowledge of the true facts material to the case [See Matter of T - -, 9 I&N Dec. 239 (BIA 1961).] Such actions require a "Motion to Reopen" written in letter format, followed by the actual decision written in formal order. Note: Even in those few cases where on fee is collected on a motion to reopen (I.e., when USCIS is the moving party), it is still counted as an application or petition (as appropriate) received and completed.

(6) Bonds .

A maintenance of status and departure bond, although seldom used, may be required as a condition for approval of an extension or change of status request. [See Inspector’s Field Manual , Chapter 45, for procedures on posting bonds.]

(7) File Review .

In adjudicating an Form I-539 , a relating "A" file shall be obtained and reviewed prior to adjudication if a bond has been posted on the alien's behalf or if the alien has been granted a section 212(d)(3) waiver. In any other case, a relating "A" file can be obtained and reviewed if there is reason to believe it may contain relevant information needed to decide the case. In a section 212(d)(3) waiver case, if the applicant's Form I-94 is noted "ARL" the file should not be requested, but the Arlington, VA. District Office should be con sulted before an extension of stay is granted. In all cases in which an "A" file exists, the adjudicated application and all relating material shall be placed in the file. The file number shall be noted on the application and the Form I-94.

(8) (Chapter 30.2(c)(8)(A), revised 07-27-2005) .

(A) Approval .

Determine the appropriate amount of time for the extension. [See 8 CFR 214.1 for general requirements and 8 CFR 214.2 for the specific requirements relating to each nonimmigrant classification.] Endorse the action block on the application and indicate the actions taken in the "INS (or as updated forms are issued, USCIS) use only" section of the form. Upon approval, update CLAIMS, ordering approval notices. The Form I-530 forwarding the record of approval is automated at the service centers and the data is sent to TECS. Returning the receipt file to Records. The CLAIMS approval notice, Form I-797A , contains a tear-off section which serves as a replacement Form I-94 , indicating the extension date. If the application is not processed in CLAIMS, the original I-94 must be manually noted on the reverse with the approval date, office three-letter code, and officer stamp number. In addition, both CLAIMS and non-CLAIMS approvals require the preparation and forwarding of Form I-530 or the automated equivalent for each alien included on the application and (unless the I-94 is hand-delivered to the alien) completion of an approval notice on Form I-542.

(B) Denial .

Endorse the action block on the application and indicate the actions taken. Set a voluntary departure period, if the alien is no longer maintaining status. For denials processed in CLAIMS, select proper standard denial paragraphs from CLAIMS, adding special text if necessary. In non-CLAIMS cases, prepare Form I-541 to advise the applicant of the reasons for denial; and prepare Forms I-530 for the applicant and each dependent and forward to NIIS. Delivery of the decision may be accomplished by routine servi ce, as described in 8 CFR 103.5a.

(C) Routing of Miscellaneous Documents .

In the case of a J-1 application for an extension of stay, always return the pink colored, USCIS annotated, IAP-66 with the I-94 to the applicant or attorney. The yellow copy of the IAP-66 is sent to the Department of State, Bureau of Educational and Cultural Affairs and the white copy stays in the file with the application. In the case of the F-1 student the school copy of Form I-20AB is sent to the data facility in London, Kentucky and the student copy (Form I-20ID) is returned to the student or attorney, in accordance with Appendix 15-8 of the Inspector’s Field Manual .

(9) Appeal .

There is no appeal from an adverse decision on Form I-539 . Decisions may be certified to the Administrative Appeals Unit in accordance with 8 CFR 103.4. An alien may seek review of an improper decision by filing a motion pursuant to 8 CFR 103.5.

(d) Use of Form I-129 for Extension of Stay .

(1) Initial Receipting .

General receipting procedures are discussed in Chapter 10 of this manual. The applicant’s employer must file Form I-129 with the service center having jurisdiction over his or her (the alien’s) place of employment. A single application may be filed by the employer on behalf of a family group, provided all family members hold the same status or derivative status. Family members may not be included in a petition for multiple principal beneficiaries. Although technically a readmission, NAFTA extensions for TN and L-1 nonimmigrants may also be adjudicated at ports-of-entry when the applicant seeks reentry. [See Inspector’s Field Manual , Chapter 15.5.] Editions of Form I-129 prior to the most current edition may not be accepted for purposes of extension of stay for nonimmigrants.

(2) Preliminary Review .

In addition to the steps discussed in Chapter 10 of this field manual :

(A) Ensure the form is completed as required and the correct supplement is filled out for the applicable nonimmigrant category.

(B) Review supporting documents. If there has been no change in employment, only the appropriate I-129 supplement and a letter from the employer confirming continuing employment is required, except that the employer must also submit :

· a copy of the employer’s labor condition application and Form I-129W for H-1B applicants.

· a valid labor certification for H-2B applicants.

· a valid labor certification for H-2A applicants, unless it is a request for an extension not to exceed two weeks (or less, if the original certification was for less than two weeks) for employment included in a prior certification.

Other special supporting documents required for nonimmigrant extensions where there is a change in the terms and conditions of employment are discussed in the Chapters 31-35, relating to specific categories.

Note 1:

Form I-94 . If an original I-94 is attached, rather than a copy, it should be returned when action is completed on the application, since CLAIMS generates a new I-94, to be attached to the original, upon approval of the extension. Questions regarding original admission or previous status can usually be resolved by searching CLAIMS or NIIS data bases. NIIS records should contain arrival information, in the event an I-94 is not submitted.

Note 2:

Jurisdiction . Normally cases submitted in the wrong jurisdiction must be transferred to the appropriate office; however, in certain situations local management may choose to assume jurisdiction in a case. Consult with supervisory personnel before processing an application which does not appear to be submitted in the proper jurisdiction. Remember that jurisdiction is determined by the petitioner’s address in cases involving temporary employment:

· for the same employer at more than one location;

· for more than one agricultural employer, where an association is petitioning for H-2A workers; or

· for one, or more than one, non-agricultural employer, where an established agent is serving as the petitioner.

Note 3:

Dependents . Dependents may be included on an I-129 extension request if the I-129 includes only one principal alien. In the event a multiple beneficiary I-129 is submitted which includes dependents for one or more principals, request that the dependents submit separate extension applications on Form I-539 . A separate I-539 is required for each family group of dependents.

(3) Adjudication .

Nonimmigrant extensions on Form I-129 are ordinarily fairly simple to adjudicate, unless there is a change in previously authorized employment. Because the benefit sought is short-lived, these applications should be processed as quickly as possible, to insure the request is acted upon while it is still relevant.

Extensions of stay filed on Form I-129 must be divided into two categories. Extensions involving aliens in E, R or TN status are single-step requests, although it is necessary to consider eligibility both in terms of requirements relating to the employer and those relating only to the alien. There is no separate adjudication of a petition extension, technically filed by an employer on the alien’s behalf.

Extensions involving H, L, O, P or Q aliens are, in reality, a two-step adjudication: consideration of the employer’s request to extend the petition to classify the alien as a nonimmigrant worker and consideration of the alien’s request for additional time as a nonimmigrant. This distinction is an important one, since a denial of the employer’s petition extension may be appealed to the Administrative Appeals Office while a denial of the extension of stay may not be appealed. The issues relating to the petit ion extension are the same as those for an initial petition. These requirements are discussed separately in Chapters 31-33 and 35. The issues surrounding an alien worker’s request to extend his or her nonimmigrant stay in the U.S. are generally the same as for any other nonimmigrant category.

Note:

The alien beneficiary of a Form I-129 being filed by his or her employer for an extension has previously been found eligible for nonimmigrant status, either by INS, USCIS or CBP at the time of admission or through an initial petition, or by the Department of State during the visa issuance process. Absent apparent gross error, a change in the circumstances surrounding the alien’s stay, or discovery of new information not previously available, the adjudicator should not engage in an in-depth review of issues relating to the initial status. In the event of adverse action on a reopened I-129 petition (or denial of a petition extension request), the petitioner has the same appeal right s available in the original petition proceedings (see chapter 10.17 of this Field Manual for additional discussion of motions to reopen and motions to reconsider).

In addition to the general procedures described in Chapter 10.3, the following actions are ordinarily required during the adjudicative process:

(A) For H, L, O, P or Q-1 aliens, determine if the petitioning employer’s eligibility has changed in any way. It is generally not necessary to request new supporting documents (except any required labor certification or labor condition application), nor should the original file be routinely requested. If eligibility has changed or the original petition was improperly approved, follow the procedures in Chapters 31-35 for denial or for reopening based on a USCIS motion (see chapter 10.7(c) of this Field Manual) . If the petition was properly approved and the employer’s eligibility remains unchanged, consider the alien’s eligibility for an extension, as outlined below.

(B) For E, Q-2, R and TN cases, consider the original eligibility requirements for the status, as discussed in Chapters 34 and 35 . If eligibility has changed or the alien was not originally entitled to the status, deny the extension request, following the procedures below. If employment-related eligibility requirements continue to be met, consider other aspects of the extension request, as outlined below.

(C) Determine if the Form I-129 was timely filed .

Although timely filing is ordinarily required, the adjudicator has discretion to grant an extension based on an untimely application. In deciding such a case, determine the reasons for late filing and whether the reasons were beyond the alien’s control, the degree of lateness, whether there is any indication that the applicant may have violated status in some other way, whether the applicant is otherwise a bona fide nonimmigrant and whether the applicant has been apprehended and placed in proceedings by the Service.

(D) Verify passport validity .

An alien need not submit a valid passport with his or her application, since Part 4 of the application contains a check-block requiring the applicant to indicate he or she has a valid travel document. The alien must hold a valid passport at the time of filing and must agree to maintain its validity during the entire period of his or her stay.

(E) Ensure that co-applicant dependents remain entitled to dependent status.

(F) Review the validity of any required labor certification or labor condition application. No extension may be granted beyond their validity.

(G) Determine whether alien is subject to the Visas Mantis reporting procedures discussed in Chapter 30.2(e) .

(4) Interview .

Requiring a personal appearance by an alien for an extension should rarely be required and requests for additional evidence should likewise be relatively unusual. The Form I-129 itself, supporting documentation required by the instructions on the form and existing USCIS records will enable you to adjudicate most extension of stay requests. In the event either action is required, follow local procedures for forwarding the application for interview or establishing a call-up for the returned case. The application itself, supporting documentation required by the instructions on the form and existing USCIS records will enable you to adjudicate virtually any extension of stay request. When an interview is conducted, a sworn statement (or a memorandum containing the results or notes summarizing the interview) should be included in the record. If the interview was conducted at the request of a service center or another field office, that office should be notified of the findings.

(5) Temporary vs. Permanent Intent: Effect on Nonimmigrant Status .

Although nonimmigrants, by definition, are in temporary status and should be able to demonstrate their intention to return to their home country, H-1 and L nonimmigrants need not maintain a residence in a foreign country and are considered to be maintaining status even after taking overt actions to remain permanently in the United States. Other classes of nonimmigrants may be required to provide evidence of their intent to depart from the United States when their authorization to remain expires.

(6) File Review .

In adjudicating an extension on Form I-129 , a relating "A" file shall be obtained and reviewed prior to adjudication if a bond has been posted on the alien's behalf or if the alien has been granted a section 212(d)(3) waiver. In any other case, a relating "A" file can be obtained and reviewed if there is reason to believe it may contain relevant information needed to decide the case. In a section 212(d)(3) waiver case, if the alien's Form I-94 is noted "ARL" the file should not be requested, but the Arlington, VA. District Office should be consulte d before an extension of stay is granted. In all cases in which an "A" file exists, the adjudicated Form I-129 and all relating material shall be placed in the file. The file number shall be noted on the application and the Form I-94.

(7) Closing Actions .

In addition to the general procedures described in Chapter 10, the following closing actions are required:

(A) Approval .

Determine the appropriate amount of time for the extension. [See 8 CFR 214.1 for general requirements and 8 CFR 214.2 for the specific requirements relating to each nonimmigrant classification.] Endorse the action block on the Form I-129 and indicate the actions taken in the “INS use only” section of the form. Upon approval in CLAIMS, update the system, ordering approval notices and forwarding the record of approval to NIIS. The CLAIMS approval notice, Form I-797A , contains a tear-off section which serves as a replacement Form I-94, indicating the extension date. If the case is not processed in CLAIMS, the original I-94 must be manually noted on the reverse with the approval date, office three-letter code, and officer stamp number. In addition, both CLAIMS and non-CLAIMS approvals require the preparation and forwarding to NIIS of Form I-530 for each alien included on the application and completion of an approval notice on Form I-171C.

Note:

Approval of a timely-filed I-129 extension is always considered nunc pro tunc , effectively forgiving the status violation for overstaying or continuing employment (with the same employer) which may have occurred between the expiration of the original admission period and the approval date of the extension. [See Matter of Dacanay 16 I&N Dec. 238 (BIA 1977).]

(B) Denial

Endorse the action block on the Form I-129 and indicate the actions taken, including setting a voluntary departure period, if the alien is no longer maintaining status. For denials processed in CLAIMS, select proper standard denial paragraphs from CLAIMS, adding special text if necessary. In non-CLAIMS cases, prepare Form I-541 to advise the applicant of the reasons for denial, set a period of voluntary departure; and in both CLAIMS and non-CLAIMS denials, prepare Forms I-530 for each alien included on the application and forward to NIIS. Delivery of the decision should be by routine service, as described in 8 CFR 103.5a.

(8) Appeal .

There is no appeal from an adverse decision on Form I-129 filed for purposes of seeking an extension of stay, except in H, L, O, P and Q cases where the denial is based on petition-related issues. If the adjudicator reopens an original petition and denies a case on petition-related grounds, the matter may be appealed to the Administrative Appeals Unit.

(e) Visas Mantis Cases .

(1) Background .

Visas Mantis is a pre-issuance name-check procedure utilized by the Department of State (DOS) when an alien applies for a visa to enter the United States to engage in study or commerce in a field on the Technology Alert List (TAL). The TAL consists of two parts: a critical fields list of major fields of controlled good and technologies of technical transfer concern, including those subject to export controls for nonproliferation reasons, and the State Department’s list of State Sponsors of Terrorism. DOS de veloped the Visas Mantis pre-issuance name-check procedure in response to concern from the United States law enforcement and intelligence community that U.S. produced goods and information are vulnerable to theft. The primary security objectives of the Visas Mantis program are to stem the proliferation of weapons of mass destruction and missile delivery systems, restrain the development of destabilizing conventional military capabilities in certain regions of the world, prevent the transfer of arms and sens itive dual-use items to terrorist states, and to maintain U.S. advantages in certain military critical technologies.

Prior to the implementation of the Visas Mantis, the DOS utilized designators such as SPLEX, CHINEX and VIETEX that focused on nationalities from finite geographical areas (i.e., the former Warsaw pact, China and Vietnam). While the designators CHINEX, VIETEX and SPLEX were post-issuance name-check procedures relative to specific nationalities and finite geographical areas, the Visas Mantis is a pre-issuance name-check procedure designed for worldwide application. On August 24, 1999, DOS ceased the use of a ll previous designators. However, for purposes of this Visas Mantis reporting requirement, USCIS officers must also report to USCIS Headquarters Office of Program and Regulatory Development any and all applications or petitions for benefits filed by or on behalf of an alien national from China or Russia who had a prior CHINEX or SPLEX clearance.

In consultation with the DOS Visa Office, USCIS Headquarters Office of Program and Regulatory Development has determined that it is only necessary for USCIS field officers to contact Headquarters Office of Program and Regulatory Development in cases where a Chinese or Russian national has had a prior Visas Mantis, CHINEX or SPLEX clearance done by the State Department. USCIS field officers need not report to HQOPRD when they encounter aliens of other nationalities with prior DOS cable clearances.

(2) Reporting Requirement .

Service Center and District Adjudications Officers must telephonically report to Headquarters Office of Program and Regulatory Development (attn: Visas Mantis Desk Officer, Residence and Status Branch ) at 202-514-4754 when they encounter applications or petitions for extension of stay or change/adjustment of status filed by or on behalf of Chinese or Russian aliens who have had a previous Visas Mantis, CHINEX, or SPLEX cable clearance done by the State Department. Officers in the field must make this report via telephone call so that the particulars of the case may be discussed with Headquarters Office of Program and Regulatory Development. The report must contain the following information:

· Name

· Date and Place of Birth

· Passport number

Upon completion of the telephonic report, the adjudicator should annotate the application “Visas Mantis reported” and add the date and the reporting officer’s initials.

Although Service Center and District Adjudications Officers are required to report such encountered aliens to Headquarters Office of Program and Regulatory Development, officers are not precluded from adjudicating the application or petition for extension of stay or change/adjustment of status. Decisions on such applications or petitions should in no way be prejudiced by the fact that the alien had a previous Visas Mantis, CHINEX, or SPLEX cable clearance.