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INA 101 (a)(15)(B) Horse Race Activities


UNCLASSIFIED   STATE  178837
R 271830Z SEP 05
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE

SUBJECT: INA 101(a)(15)(B): REVISION OF 9 FAM 41.31 N6.8:
HORSE RACE-RELATED EMPLOYEES

REF:  (A) INA 101(A)(15)(B) 
      (B) 9 FAM 41.31 N6.8
      (C) DHS/CBP INSPECTORS FIELD MANUAL, CHAP. 15.4(B)(1)(B)(16)
      (D) DHS OPERATIONS INSTRUCTIONS 214.2(B)(10)-E- 04 TORONTO 2715

1.  Summary.  To make Department and DHS guidance
consistent, 9 FAM 41.31 N6.8 has been revised to remove
the requirement that horse race-related employees have the
same nationality as their employers to be eligible for B-1
NIV classification.  End Summary.

2.  9 FAM 41.31 N6.8 states that, "An alien coming to the
United States to perform services on behalf of an employer
OF THE ALIEN'S NATIONALITY as a jockey, sulky driver,
trainer, or groomer" is eligible for B-1 NIV
classification.  (Emphasis added.)  Neither the DHS/CBP
Inspectors Field Manual (IFM), Chap. 15.4(b)(1)(B)(16) nor
DHS Operations Instruction (OI) 214.2(b)(10) contains the
requirement that the employee and the employer be of the
same nationality.  Both extend B-1 NIV classification to,
"An alien coming temporarily to perform services on behalf
of a foreign based employer as a jockey, sulky driver,
trainer, or groom."  (The IFM does not use the word
"temporarily;" otherwise the IFM and the OI are
identical.)

3.  We have researched the history of 9 FAM 41.31 N6.8 and
conferred with DHS but cannot determine the origin of or
reason for the FAM's same nationality requirement.  The
only references to horse-race related employees in VO's
precedent files, dating from 1981 and 1982, quote the OI,
which then, as now, did not contain the same nationality
requirement.  Nor can we now identify a rationale for
keeping the requirement or for continuing to have guidance
different from DHS.

4.  Absent any identifiable reason to retain the same
nationality requirement, and in the interest of the
uniformity of treatment of visa applicants and applicants
for admission, 9 FAM 41.31 N6.8 is amended to read as
follows:

9 FAM 41.31 N6.8  Horse Races
An alien coming to the United States to perform services
on behalf of a foreign-based employer as a jockey, sulky
driver, trainer, or groomer.

RICE
 

 



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