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Part 124-ALIEN CONTRACT LABORERS
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 emlabor; 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))
88 124.1 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 $ 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; (d) 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 General 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, 137c)
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 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 Stat. 875; 8 U.S. C. 136 (h))
124.5 Application to import skilled labor; procedure. The official in charge shall conduct a thorough investigation of the application made under $ 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 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))
*For statutory citations, see note to 8 124.1.
124.7 "Student laborers”; procedure for importing. Employers of skilled labor desirous of training aliens in their establishments 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 å 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.*
Part 125 STUDENTS
Sec. 125.1 Students defined; require- 125.5 Schools; conditions for apments of; conditions of ad
125.6 School; officer to make peti125.2 Students; extension of stay.
tion. 125.3 Students; when subject to de- 125.7 School; withdrawal of apportation.
proval. 125.4 School; petition for approval.
§ 125.1 Students defined; requirements of; conditions of admission. A bona fide student within the meaning of subdivision (e) of section 4 of the Immigration Act of 1924 (43 Stat. 155; 8 U. S. C. 204 (e)), as amended, is defined as follows: (a) An alien at least 15 years of age who presents a valid nonquota immigration visa duly issued by an American consular officer and designating the alien as a student; (b) who is qualified to enter and has definitely arranged to enter an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Attorney General; (c) who seeks to enter the United States temporarily for the purpose of pursuing a definite course of study in such institution and will carry a full course of studies in day classes; and (d) who intends to depart voluntarily from the United States upon the completion of such course of study or upon failure to maintain the status of student. A student whose parents or relatives are financially able to support him, or who otherwise has sufficient income to cover expenses, will not be permitted to work either for wages or for board or lodging. A student who has some means but not sufficient income to cover necessary expenses will be permitted to accept sufficient employment to meet necessary expenses. A student having no means will be permitted to work to earn sufficient funds to meet necessary expenses. In no case will a student be permitted to accept employment of a nature to interfere with his full course of studies. Such alien, subject to the proviso of this section, shall be required to establish by the production of a passport, or document in lieu of a passport acceptable under consular regulations, that at the termination of his studies in the United States he will be able to depart to his own or some other country. If the examining immigrant inspector is satisfied beyond a doubt that the alien is a bona fide student as defined herein, he may admit such alien, if otherwise admissible. If he is not satisfied, he shall hold the alien for examination in relation thereto by a board of special inquiry, which board may admit such alien, if otherwise admissible, and may in its discretion, as a condition precedent to admission, exact bond in the sum of $150 that the alien will maintain the status of an immigrant student while in the United States and that he will depart voluntarily when he ceases to maintain such status: Provided, That whether admitted on primary inspection or by a board of special inquiry, with or without bond, such admission shall be only for a period extending to 60 days prior to the time within which the passport,