8 CFR § 1212.9 - Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants.

---
identifier: "/us/cfr/t8/s1212.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1212.9 - Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1212.9"
section_name: "Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants."
chapter_name: "EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "1212"
part_name: "DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); Title VII of Pub. L. 110-229; Pub. L. 115-218."
regulatory_source: "17 FR 11484, Dec. 19, 1952, unless otherwise noted. Duplicated from part 212 at 68 FR 9535, Feb. 28, 2003."
cfr_part: "1212"
---


# 1212.9 Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants.

A derivative beneficiary who is the spouse or child of a qualified third or sixth preference or nonpreference immigrant and who is also a graduate of a medical school as defined by section 101(a)(41) of the Act is not considered to be an alien who is coming to the United States principally to perform services as a member of the medical profession. Therefore, a derivative third or sixth preference or nonpreference immigrant under section 203(a)(8) of the Act, who is also a graduate of a medical school, is eligible for an immigrant visa or for adjustment of status under section 245 of the Act, whether or not such derivative immigrant has passed Parts I and II of the National Board of Medical Examiners Examination or equivalent examination.

(Secs. 103, 203(a)(8), and 212(a)(32), 8 U.S.C 1103, 1153(a)(8), and 1182(a)(32))

[45 FR 63836, Sept. 26, 1980]