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carried: And provided further, That no preexamination will be accorded to persons of any class planning to proceed directly from a Canadian seaport to ports in the Territories of Hawaii and Alaska. Aliens of the statistical class shall be fully manifested on Form 1-448 by the preexamining inspector whether arriving from overseas or whether their journey originates in Canada. (Sec. 17, 43 Stat. 163; 8 U. S. C. 217)

114.3' Preexamination; procedure when admissibility determined. If and when admissibility is determined, Form I-121 or Form I-448 shall be so indorsed by the appropriate immigration officer, attached to other pertinent immigration documents, and given the applicant for presentation and surrender at the actual port of entry into the United States. If applicants of any class so preexamined depart for the United States by water from a place other than that at which the preexamination was conducted, Forms I-121 and I-448 shall be countersigned by the appropriate United States immigration officer at the Canadian port of embarkation. Upon the surrender at ports of entry of properly indorsed Forms I-121 and 1-448 within 30 days from issuance, the period of their validity, the rightful holders will be promptly admitted if their status has undergone no change since preexamination:Provided, however, That holders of visas must apply for admission at ports of entry within the period of validity of their visas, or it is established that such holders began a continuous journey to such ports of entry prior to the expiration of the visas. The actual port of entry into the United States shall be the “record” port of entry for all purposes, including head-tax transactions. Forms I-121 and 1-418 shall be completed thereat, as will be all other immigration documents.* (Sec. 17, 43 Stat. 163; 8 U.S. C. 217)

114.4 Procedure where preexamination board is nonexistent. Any alien not provided with Form I-121 or Form I-448 who shall apply for admission at a point on the Canadian border where no board of special inquiry is located, if held for examination by such a board, shall be conveyed by the transportation company concerned to the nearest port of entry where a board of special inquiry is located; and, in the discretion of the appropriate United States immigration official, any alien not having been

preexamined and not holding either of said forms, who shall apply for admission at a border point within one year after arriving at a Canadian sea port, shall be returned by the transportation company responsible, to the sea port of arrival for examination by United States immigration officials and (where proper) assessment of head tax in the manner required in the cases of aliens arriving at Canadian seaports and giving destinations in the United States, unless it shall appear that such alien was originally destined in good faith to Canada and has been actually residing in said country, or unless, upon examination, Canadian officials shall declare such alien eligible for residence in Canada and the transportation company involved shall arrange for his removal a reasonable distance from the boundary: Provided, That where the mental, physical, financial, or moral status of the alien is such that in the opinion of the proper official such person should be returned to the initial point of departure in Canada, the transportation company or other interest concerned shall, upon request, return such alien to such initial point of departure. (Sec. 17, 43 Stat. 163; 8 U. S. C. 217)

*For statutory citation, see note to $ 114.1.

114.5 Further examination at border port. 'All aliens seeking entry into the United States from Canada at the border ports without first having been pre-examined and granted Form I-121 or Form I-448, and who may not appear to the examining immigrant inspector clearly and beyond a doubt entitled to enter the United States; and those aliens holding either of said forms whose further examination is deemed necessary or advisable; and aliens brought to the border who have arrived in Canada by steamship lines or vessels which have not conformed to the requirements of section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 U. S. C. 217), and who have not had two years' residence in Canada, shall, at the discretion of the examining immigrant inspector, moved from the railroad train or other vehicle of travel by the owner, agent, or person in charge of the transportation line concerned, and delivered to the immigration office or such other place of detention as may be designated by the said examining immigrant inspector, for further examination.

114.6 Canadian-born American Indians; exemption from immigration laws. American Indians born in Canada shall be permitted to enter the United States without inspection under the immigration laws. This right shall not extend to persons whose membership in Indian tribes or families is created by adoption.* (45 Stat. 401; 8 U. S. C. 226a)

114.7 Residence in contiguous territory by aliens who traveled on noncomplying line. Where an alien has entered foreign contiguous territory by a transportation line not signatory to the agreement made pursuant to section 23 of the Immigration Act of 1917 (39 Stat. 892; 8 U.S. C. 160), and section 17 of the Immigration Act of 1924 (43 Stat. 163; 8 U. S. C. 217), with the intention, actually carried into effect, of taking up permanent residence in such foreign contiguous territory, and such arrival and the taking up of residence occurred at least two years prior to the time of making application for admission to the United States, the admissibility of such alien will not be destroyed merely by reason of temporary absence, without relinquishment of domicile, from such foreign contiguous territory subsequent to the time of taking up permanent residence therein.*

*For statutory citation, see note to § 114.1.

Part 115 ADMISSION OF AGRICULTURAL WORKERS

UNDER SPECIAL LEGISLATION

Sec.

Sec. 115.1 Definitions.

115.6 Maintenance of status and de115.2 Qualifications for admission.

portation. 115.3 Fingerprinting; Identification 118.7 Duplicate identification cards.

card; conditions and period 115.8 Readmission after temporary of admission.

visits to foreign contiguous 115.4 Extension of period of admis

territory. sion.

115.9 Waiver of departure permit 115.5 Hearings before Board of

requirements. Special Inquiry. 8 115.1 Definitions. As used in this part

(a) The term "agricultural worker" means an alien, either male or female, who was born in North America, South America, Central America, or in any island adjacent thereto, who is residing in any of said places, and who desires to enter the United States for the purpose of engaging in agricultural labor as defined herein; or such an alien who, after so entering, is engaged in such labor.

(b) The term “agricultural labor" means services performed in the employ of any person, trust, estate, partnership, or corporation in connection with farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the raising, production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including crude gum (oleoresin) from a living tree and certain products as processed by the original producer of the crude gum (oleoresin) from which derived], the raising and shearing of livestock, bees, fur-bearing animals, poultry, or wild life, and any practices (including any forestry or lumbering operations) performed by a farmer on a farm as an incident to, or in conjunction with such farming operations, including handling, drying, packing, freezing, grading, processing (if such service is performed as an incident to ordinary farming operations, or in the case of fruits and vegetables as an incident to the preparation of such fruits and vegetables for market), and including further the preparation for market, delivery to storage or to market or to carriers for transportation to market, and the operation, management, conservation, improvement, or maintenance of the tools and equipment used in connection therewith: Provided, however, That the foregoing shall not include services performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

(c) The term “enemy alien" means any native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war or which the President by public proclamation has declared to have perpetrated, attempted, or threatened an invasion or predatory incursion against the territory of the United States.

*88 115.1 to 115.9, inclusive, issued under the authority contained in sec. 5 (g), Public Law 45, 78th Cong, Chapter 82, 1st sess.; sec. 23, 39 Stat. 892, 8 U. S. C. 102; sec. 24, 43 Stat. 166, 8 U. S. C. 222 ; sec. 1, Reorg. Plan No. V, 5 F.R. 2223; sec. 37 (a), 64 Stat. 675, 8 U. 8. C. 458; 8 CFR 90.1. Statutes interpreted are applied and statutes giving special authority are listed in parentheses at the end of specific sections. (Sec. 3 (f), 52 Stat. 1060, 29 U. S. C. 203; sec. 1426 (h), 53 Stat. 1386, 26 U. S. C. 1426)

115.2 Qualifications for admission. Any agricultural worker who applies for admission into the United States under Public Law 45 of April 29, 1943, and the provisions of this part must

(a) submit to the examining immigrant inspector an alien laborer's identification card (Form 1-100) prepared prior to embarkation for the United States by the War Food Administrator or his duly authorized representative, or if not in possession of an alien laborer's identification card so issued, shall establish that he is seeking admission as one of a specific group of agricultural workers who are being recruited directly by an employer under conditions which have been approved by the district director of Immigration and Naturalization of the district in which the alien applies for admission;

(b) submit to the examining immigrant inspector a birth certificate, or otherwise establish to the satisfaction of said immigrant inspector that he was born in the country of claimed nativity;

(c) establish that he is not an enemy alien and that he is in all respects admissible under the provisions of the immigration laws except

(1) the provisions of section 3 of the Immigration Act of February 5, 1917, relating to contract laborers, the requirements of literacy, and the payment of passage by corporations, foreign governments, or others;

(2) the provisions of section 3 of the Immigration Act of February 5, 1917, and section 1 of the Act of March 4, 1929, requiring permission of the Attorney General to reapply for admission in the case of any alien previously arrested and deported or excluded and deported solely because of illegal entry or absence of required documents, if such deportation has not occurred on more than one occasion, and such alien establishes that he is otherwise entitled to temporary admission as an agricultural worker under the provisions of this part;

(3) the requirement of section 2 of the Immigration Act of February 5, 1917, relative to the payment of head tax;

(4) the prohibitions contained in sections 5 and 6 of the Immigration Act of February 5, 1917;

(5) the provisions of the laws and regulations relating to documents required of aliens entering the United States; and

(6) the provisions of Title III of the Alien Registration Act of 1940 relating to the registration of aliens.

(d) satisfy the examining immigrant inspector that if admitted he will comply with the conditions of such admission.* (Sec. 2, 3, 5, 6, 39 Stat. 875, 879, 8 U. S. C. 132, 136, 139, 142; sec. 1, 45 Stat

*For statutory citation, see note to $ 115.1.

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