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Part 122-LABORERS FROM COUNTRIES GRANTING

LIMITED PASSPORTS

Sec.

Sec. 122.1 Regulations governing alien 122.3 When certain laborers admitlaborers prescribed by Ex

ted; proof required. ecutive Order 1712, Feb. 24,

122.4 Absence of passport of certain 1913.

laborers; presumptions.

122.5 Passports of certain laborers; 122.2 Effect of Executive Order No.

endorsement. 1712

122.6 Excluded laborers; appeal. 8 122.1 Regulations governing alien laborers prescribed by Executive Order 1712, Feb. 24, 1913. The President's Executive Order on this subject, issued February 24, 1913, reads as follows:

Whereas by the Act entitled "An act to regulate the immigration of allens into the United States” approved February 20, 1907, whenever the President is satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, it is made the duty of the President to refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such country or from such insular possession or from the Canal Zone; and

Whereas, upon sufficient evidence produced before me by the Department of Commerce and Labor, I am satisfied that passports issued by certain foreign governments to their citizens or subjects who are laborers, skilled or unskilled, to proceed to countries or places other than the continental territory of the United States, are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detriment of labor conditions therein;

I hereby order that such alien laborers, skilled or unskilled, be refused permission to enter the continental territory of the United States.

It is further ordered that the Secretary of Commerce and Labor be and he hereby is, directed to take, through the Bureau of Immigration and Naturalization, such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect.*

*8 122.1 to 122.6, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. 0. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

122.2 Effect of Executive Order No. 1712. The Executive Order requires that laborers, skilled or unskilled, who are citizens of a country which grants to its laborers proceeding abroad limited labor passports only, and who present at a continental port a passport entitling them only to admission to countries or places other than continental United States, shall be rejected. It does not in any particular, relieve such aliens from examination under the general provisions of the law.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h); E. O. 1712, Feb. 24, 1913)

*For statutory citation, see note to 8 122.1.

122.3 When certain laborers admitted; proof required. If a laborer described in 88 122.1, 122.2 applies for admission and presents a passport entitling him to enter continental United States, or not limited to some country or place other than continental United States, he shall be admitted, unless he belongs to one of the classes excluded by the general provisions of the law. If he presents such a limited passport, but claims that he is not a laborer, satisfactory proof of such claim shall be required.* (E. O. 1712, Feb. 24, 1913)

122.4' Absence of passport of certain laborers; presumptions. If a laborer described in 88 122.1, 122.2 applies for admission and presents no passport, it shall be presumed (a) that when he departed from his own country he did not possess a passport entitling him to come to continental United States, and (b) that at that time he did possess a passport limited to some country or place other than continental United States.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h); E. O. 1712, Feb. 24, 1913)

122.5 Passports of certain laborers; endorsement. Passports presented by aliens covered by $ 122.3 shall be plainly indorsed, in indelible ink, in such a manner as to show the fact and date of admission or rejection. The passport shall be returned to the presenter.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h); E.O. 1712, Feb. 24, 1913)

122.6 Excluded laborers; appeal. All laborers excluded under $8 122.1–122.5 shall be advised not only of their right of appeal, where one lies, but also that they may communicate by telegraph or otherwise with any diplomatic or consular officer of their government, and they shall be afforded opportunity

for doing so. (Secs. 3, 17, 39 Stat. 875, 887; 8 U. S. C. 136 (b), 153; E.O. 1712, Feb. 24, 1913)

*For statutory citation, see note to $ 122.1.

Part 124-ALIEN CONTRACT LABORERS

em

Sec.

Sec. 124.1 Contract laborers defined. 124.6 Decision on application to im124.2 Exemptions of certain aliens

port skilled labor; notice from contract labor; defini

of; procedure thereafter. tions.

124.7 "Student laborers"; proce124.3 Bonds for allen musicians ad

dure for importing. mitted temporarily.

124.8 Exhibitors and holders of con124.4 Application to import skilled

cessions and their labor; requirements.

ployees; exemption. 124.5 Application to import skilled

labor; procedure. $ 124.1 Contract laborers defined. Contract laborers are aliens "who have been induced, assisted, encouraged, or solicited to migrate to this country by offers or promises of employment, whether such offers or promises are true or false, or in consequence of agreements, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled”, or "persons who have come in consequence of advertisements for laborers, printed, published, or distributed in a foreign country”.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (h))

* $$ 124.1 to 124.8, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U. S. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

124.2 Exemptions of certain aliens from contract labor; definitions. Aliens falling within the purview of 8 124.1 may be admitted to the United States, upon presenting satisfactory evidence that they are

(a) Professional actors or artists: Provided, That an instrumental musician to be classified as an actor or artist must establish that he is (1) of distinguished merit and ability as an instrumental musician or is a member of a musical organization of distinguished merit and is applying for admission as such, and (2) his professional engagements (or, if the exemption is claimed on account of membership in an organization, the professional engagements of such organization, within the United States are of a character requiring superior talent);

(b) Professional lecturers; c) Professional singers; id Professional nurses; (e) Ministers of any religious denomination; (f) Professors for colleges or seminaries; g) Persons belonging to any recognized learned profession; (h) Persons employed as domestic servants;

(i) Otherwise admissible skilled labor, if labor of like kind unemployed cannot be found in this country and the Attorney Genera) has granted permission in advance of the migration of such skilled laborers for their importation;

(j) Exhibitors and employees of fairs and expositions authorized by Congress.* (Sec. 3, 39 Stat. 875, secs. I, 2, 47 Stat. 67; 8 U.S. C. 136 (h), 137b, 1370)

124.3 Bonds for alien musicians admitted temporarily. All rules and regulations relating to bonds for nonimmigrants shall apply with full force and effect to alien musicians coming to the United States for a temporary period.* (Sec. 3, 47 Stat. 67; 8 U.S. C. 1730)

124.4 Application to import skilled labor; requirements. Applications for permission to import otherwise admissible skilled labor in accordance with $ 124.2 (i) shall be submitted by the person, company, or corporation seeking such privilege to the official'in charge of the district within which it is proposed to employ such skilled labor. The application shall be in the form of an affidavit drawn in triplicate, and shall state clearly all facts and circumstances material to the case, including (a) the number and sex of the persons whom the applicant desires to import, (b) a non-technical description of the work which it is intended they shall perform, (c) whether the industry is already established or is new in the United States, (d) the approximate length of time required for one to become skilled in the trade, (e) the wages paid and hours of labor required, (f) whether or not a strike exists or is threatened among applicant's employees or there is a lockout against such employees, (g) what city or cities, if

cities, if any, constitute the center of the trade in this country, (h) whether or not there are any journals especially devoted to the industry, and (i) the nature of the efforts, if any, made to secure the desired labor in the United States and the results of such efforts. The application shall be supported by such affidavits (also in triplicate) as the applicant can furnish. The applicant shall also furnish or agree to furnish at a later date the names, ages, nationality, and last permanent foreign residence of the aliens whom he desires to import, and the name of the port at which and of the vessel by which they will arrive, and the date of the proposed arrival.* (Sec. 3, 39 Štat. 875; 8 U. S. C. 136 (b))

124.5 Application to import skilled labor; procedure. The official in charge shall conduct a thorough investigation of the application made under 8 124.4 (using contract-labor inspectors employed in pursuance of section 24 of the Immigration Act of 1917 (39 Stat. 893; 8 U. S. C. 109), whenever practicable), and shall forward two copies each of the application, of the accompanying affidavits, and of the report of the investigation, respectively, together with his recommendations, to the Central Office. The entire record will then be summarized by the Central Office and submitted to the Department with appropriate recommendation. Counsel may be employed in connection with such cases before the office of the official in charge, or the Central Office, or both, but all evidence shall be submitted to and investigated by the official in charge.* (Sec. 8, 39 Stat. 875; U.S. C. 136 (h))

124.6 Decision on application to import skilled labor; notice of; procedure thereafter. When a decision is rendered by

For statutory citations, see note to 8 124.1.

the Attorney General upon the application made under & 124.4, the official in charge shall be notified immediately, and he in turn shall notify the applicant of the purport of such decision. If it is favorable, a copy of the record will be transmitted to the port at which it is proposed the alien contract laborers shall enter, with instructions to the official there in charge to admit such laborers if upon arrival and examination they are found to be admissible under all other provisions of the law.* (Sec. 3, 39 Stat. 875; 8 U.S. C. 136 (h))

124.7"Student laborers”; procedure for importing. Employers of skilled labor desirous of training aliens in their estabIishments may be granted such privilege by the Department, provided the prospective "student laborers” are admissible in every other respect except that they migrate under contract, and provided a bond is furnished for each such alien in the penalty of not less than $500, guaranteeing that the alien will be employed in no other than a student capacity while within the United States and will leave this country immediately upon the conclusion of his course of training. Applications for this privilege and proof in support thereof should be submitted in substantial accordance with the provisions of 8 124.4.* (Sec. 3, 39 Stat. 875; 8 U.S. C. 136 (h), (q))

124.8 Exhibitors and holders of concessions and their employees; exemption. Exhibitors and holders of concessions or privileges for any fair or exposition authorized by act of Congress may bring into the United States under contract, alien mechanics, artisans, agents, and employees. Special regulations concerning the admission and return of such aliens will be issued if and whenever a fair or exposition is authorized by Congress (Section 3, Immigration Act of 1917, 39 Stat. 875; 8 U. S. C. 136 (b)). Such aliens, unlike others exempted from the contract-labor provisions, are also exempted from the literacy test."

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