I. Foreign Exemption $(551\mathrm{.}212)$ and$/$or Exemption of employees receiving availability pay $($ $$551\mathrm{.}213)$

If any of the boxes in this section are marked, the employee$/$position is Exempt and the remaining sections need not be

applied. See $$551\mathrm{.}104$ for definition of Exempt Area. Refer to $$551\mathrm{.}212$ when administering employees$/$positions meeting

the criteria for foreign exemption.

The employee is permanently stationed in an exempt area and spends all hours of work in a given workweek in one or more exempt areas

$($foreign exemption$)$

The employee is not permanently stationed in an exempt area, but spends all hours of work in a given workweek in one or more exempt

areas $($foreign exemption$)$

Criminal investigator receiving availability pay under $$550\mathrm{.}181($a$),$ as provided in $29$ U$.$S$.$C$.213($a$)(16)$

Pilot employed by U$.$S$.$ Customs and Border Protection or its successor who is a law enforcement officer as explained in $551\mathrm{.}213(b)$

II$.$ Salary based Nonexemption $($ $$551\mathrm{.}203)$ and$/$or Nonexemption of certain employees $($ $$551\mathrm{.}204)$

If any of the boxes in this section are marked, the employee$/$position is Nonexempt if: $1)$ none of the boxes in Section lare

checked; and $2)551\mathrm{.}208(c)$ Practice of law, $$551\mathrm{.}208($d$)$ Practice of medicine, or $$551\mathrm{.}208(h)$ Teachers, do not apply to

the employee$/$position$.$

Annual rate of basic pay is less than $$23,660$

Equipment operating or protective occupations $($nonsupervisory$)$

Clerical occupations $($nonsupervisory$)$

Technician work below GS$-09$ and many, but not all, of those positions that are at or above GS$-09($nonsupervisory$)$

Nonsupervisory employees in the Federal Wage System $($or comparable systems$)$

Employee$/$position requires highly specialized, technical skills and knowledge that can only be acquired through prolonged job training

and experience, such as Air Traffic Control or Aircraft Operation $($applies to nonsupervisory white$-$collar employees$).$