> Migrant workers

United States of America - Migrant workers - Regulation, Decree, Ordinance

Replenishment agricultural workers

Adoption: 1992-01-01 | USA-1992-R-38867

Regulates the conditions and procedure used for adjustment of the status of foreign agricultural workers to lawful temporary and permanent resident status. The qualifying period for eligibility as Replenishment Agricultural Worker ("RAW") was from 1985-05-01 until 1988-11-30.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Documentary requirements; immigrants; waivers

Adoption: 1992-01-01 | USA-1992-R-38868

Prescribes which documents immigrants of different status are required to have. Regulates the procedure to be followed by alien commuters, i.e. aliens lawfully admitted for permanent residence or special agricultural workers admitted for temporary residence who resides in foreign contiguous territores and who commutes to the United States for temporary or seasonal work.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Documentary requirements: non-immigrants; waivers; admission of certain inadmissible aliens; parole (8 CFR Part 212)

Adoption: 1992-01-01 | USA-1992-R-38869

Details the visa requirements as well as the conditions for excercising the discretionary authority to waive such requirements. Special border-crossin facilities set up for Canadian and Mexican nationals.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Nonimmigrant classes

Adoption: 1992-01-01 | USA-1992-R-38870

Details the requirements for obtaining a nonimmigrant visa. The rules provide for eighteen different visas, each with a specific letter code to which may be added a number. The following categories exist: Foreign government officials (A-1,2), visitors (B-1 business, B-2 pleasure), transits (D), traders and investors (E), students in universities and similar institutions (F-1, 2), representatives of international organizations (G1-5), temporary employees (H-1A nurses, H-1B artists, specialists, H-2A temporary agricultural workers, H-2B other temporary workers, H-3 trainees), representatives of international media (I), exchange aliens (J), fiancées and fiancés (K), intracompany transferees (L), students in vocational training insitutions (M), certain parents and children of status I nonimmigrants, aliens of extraordinary ability (O), artists and entertainers under a reciprocal exchange program (P), international cultural exchange aliens (Q), religious workers (R), NATO aliens (NATO 1-7). Children of nonimmigrants with A, B, C, D and E status may be accorded the same nonimmigrant classification. Specific limitations apply to Libyan nationals. Specific rules apply to Canadians applying for admission pursuant to the United States-Canada Free Trade Agreement (FTA)

United States of America - Migrant workers - Regulation, Decree, Ordinance

Controls of aliens departing from the United States (8 CFR Part 215).

Adoption: 1992-01-01 | USA-1992-R-38871

A foreigner may be prohibited from departing from the United States on certain specified conditions including the condition that the foreigner's departure constitute a possible prejudice to the (defense and security) interests of the United States. Such a decision may be reviewed pursuant to a specifically regulated procedure.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Visa waiver pilot program

Adoption: 1992-01-01 | USA-1992-R-38872

On a temporary basis, the visa requirement for foreigners coming from certain (listed) countries is waived. A foreigner vis-à-vis whom the visa requirment has been waived, will be granted B nonimmigrant status, and is allowed to remain in the United States for a maximum of nintety days. Such a nonimmigrant may not have his/her status adjusted pursuant to section 245, nor changed pursuant to section 248 of the Immigration and Nationality Act.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Inspection of persons applying for admission

Adoption: 1992-01-01 | USA-1992-R-38873

Regulates, inter alia, how border inspection is carried out and the conditions for decisions to detain, parole or parole for deferred inspection arriving foreigners. Prescribes when and how an immigration judge may be called hear appeals of decisions related to admissibility to the United States.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Detention for examination to determine mental or physical defects

Adoption: 1992-01-01 | USA-1992-R-38874

Imposes a responsibility for detention and transportation expenses on the carrier of an alien passenger who is detained and subesequently found excludable on grounds of mental or physical defects.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Examination on Application of Naturalization (8 CFR Part 235).

Adoption: 1992-01-01 | USA-1992-R-38875

The manner in which the examination is to be carried out is set forth in 42 CFR Part 34. Examinations of foreigners applying for permanent residence must be made by specifically designated civil surgeons and a regulated fee is payable directly to the surgeon by the foreigner.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Hearings on Denials of Applications for Naturalization (8 CFR Part 236).

Adoption: 1992-01-01 | USA-1992-R-38876

Regulates the procedure of exclusion hearings before immigration judges. Decisions may be appealed. Excluded foreigners above 14 years of age are fingerprinted.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Revocation of Naturalization (8 CFR Part 240)

Adoption: 1992-01-01 | USA-1992-R-38877

§ 340.1 [Reserved]

§ 340.2 Revocation proceedings pursuant to section 340(a) of the Act.

(a) Recommendations for institution of revocation proceedings. Whenever it appears that any grant of naturalization may have been illegally procured or procured by concealment of a material fact or by willful misrepresentation, and a prima facie case exists for revocation pursuant to section 340(a) of the Act, USCIS will make a recommendation regarding revocation.

(b) Recommendation for criminal prosecution. If it appears to USCIS that a case described in paragraph (a) of this section is amenable to criminal penalties under 18 U.S.C. 1425 for unlawful procurement of citizenship or naturalization, the facts will be reported to the appropriate United States Attorney for possible criminal prosecution.

[76 FR 53804, Aug. 29, 2011]

United States of America - Migrant workers - Regulation, Decree, Ordinance

Temporary protected status for nationals of designated states

Adoption: 1992-01-01 | USA-1992-R-38878

A foreigner from designated states may be granted Temporary Protected Status. The list of grounds for inadmissibility for foreigners with this status is more limited than generally is applied. Describes the specific procedure to apply. Employment authorizations are granted for six months periods. El Salvador is a designated state under these provisions.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Conditional basis of lawful permanent residence status for certain alien spouses and sons and daughters

Adoption: 1992-01-01 | USA-1992-R-38880

Generally speaking, foreigners lawfully permitted to enter the US may freely be accompanied by their spouse and children under the same immigrant status. However, if the couple have been married less than two years, and if the entering foreigner is an entrepreneur (Sec 203 (b)(5) of the Immigration and Nationality Act) the accompanying family members will only be granted conditional permanent residence. The conditional status can be removed upon application (within two year of entry) followed by a hearing to verify the authenticity either of the qualifying marriage or the entrepreneurship. These regulations outline the procedure for this verification process.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status to that of a person admitted for permanent residence

Adoption: 1992-01-01 | USA-1992-R-38882

Sets forth the procedure for adjusting the status of foreigners legally entered but otherwise not entitled further to remain in the United States. Encompasses several different schemes, the first enacted 1957.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status to that of persons admitted for lawful temporary of permanent resident status under Section 245A of the Immigration and Nationality Act, as amended by Public Law 99-603, the Immigration Reform and Control Act of 1986, and Public Law 100-204, Section 902.

Adoption: 1992-01-01 | USA-1992-R-38883

Regulates the adjustment procedure of foreigners illegally residing in the United States. Most newly legalized foreigners are disqualified from receiving benefits from programs of financial assistance under federal law.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of status of certain resident aliens (8 CFR Part 247).

Adoption: 1992-01-01 | USA-1992-R-38884

Certain foreigners admitted for permanent residence may have their status adjusted to that of non immigrants if they undertake occupations which entitle them to diplomatic privileges. This extends to the immediate family of the immigrant. The foreigner's objections to such adjustment may be heard in a special procedure.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Change of nonimmigrant classification

Adoption: 1992-01-01 | USA-1992-R-38885

With certain limited exceptions, nonimmigrants may apply to have their classification changed to another nonimmigrant classification provided the criteria for such classification are fulfilled.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Registration and fingerprinting of aliens in the United States (8 CFR Part 264).

Adoption: 1992-01-01 | USA-1992-R-38887

Details the procedural requirements concerning fingerprinting of foreigners above the age of fourteen as well as recordkeeping of such prints. The fingerprinting requirements are waived for certain immigrants including foreign government officials and employees and for non immigrants remaining less than one year in the United States.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Control of employment of aliens (8 CFR Part 274a).

Adoption: 1992-01-01 | USA-1992-R-38888

Regulates the responsibilities incumbent on employers concerning verification of the legal status of persons to be hired. State employment agencies may, but are not required, to conduct such verification. A specific procedure is prescribed if such an agency undertakes chooses to conduct the verification process. Pertinent documents must be retained for specific periods of time and made available for inspection by the INS upon request. These rules do not apply to employees covered by the amnesty provisions 1986, i.e. those employed prior to November 6, 1986. Enforcement procedures are laid down as well as penal sanctions for those in violation of these provisions. These regulations further define the classes of aliens authorized to accept employment and the formalities for obtaining an employment authorization.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Immigration user fee

Adoption: 1992-01-01 | USA-1992-R-38889

Imposes the collection of a US$ 5.00 fee on arriving passengers on commercial aircrafts or commercial vessels.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Listing of free legal services programs

Adoption: 1992-01-01 | USA-1992-R-38890

Imposes the obligation on immigration officers to maintain current lists of organizations offering free legal aid to foreigner in deportation or exclusion proceedings.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Immigration forms

Adoption: 1992-01-01 | USA-1992-R-38891

Lists all the prescribed forms to be used in compliance with the Act as well as the places whese such forms can be procured.

United States of America - Migrant workers - Regulation, Decree, Ordinance

General requirements for naturalization

Adoption: 1992-01-01 | USA-1992-R-38892

To qualify for naturalization a foreigner must, inter alia, establish that he or she is 18 years of age, has been lawfully admitted as permanent resident, has resided in the US for five continuous years, has been physically present in the US at least 30 months of these five qualifying years, has resided three months in the State where the application for naturalization is filed and is a person of good moral character. Deserters of the US armed forces as well as those who have departed from the US to evade military service are disqualified. Special rules apply with respect of, inter alia, spouses of US citizens and children.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Rural labor - Immigration Reform and Control Act 1986 - Definitions

Adoption: 1992-01-01 | USA-1992-R-38893

Lists definitions of the terms agricultural lands, critical and unpredictable labor demands, field work, fruits, vegetables, horicultural specialities, other perishable commidities, seasonal, seasonal agricultural services and vegetables of relevance for determining which special agricultural workers may be admitted for temporary residence under the Immigration Control and Reform Act of 1986. Asssits the Immigration and Naturalization Service in determining which special agricultural workers may be admitted for temporary residence.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Determination of the shortage number under section 210A of the Immigration and Nationality Act

Adoption: 1992-01-01 | USA-1992-R-38894

Agricultural workers admitted under the seasonal agricultural worker (SAW) program of the Immigration and Nationality Act ("INA") (as amended by the Immigration Reform and Control Act of 1986) were legally entitled to seek employment outside agriculture. As this could entail a shortage of workers in the field of agriculture, the INA provides a framework for admitting additional workers to work in seasonal agricultural services. These regulations establish how to establish if there is such shortage which would entail an additional admission of seasonal workers.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Employment Based Immigrants Rule (8 CFR Parts 103 and 204)

Adoption: 1991-11-22 | Date of entry into force: 1991-11-29 | USA-1991-R-26635

Implements section 121 of the Immigration Act of 1990, Public Law 101-649, Nov.29, 1990, by providing petitioning procedures for employment based immigrants under sections 203(b)(1) through (5) of the Immigration and Nationality Act in order to help American businesses hire highly skilled, specially trained personnel to fill increasingly sophisticated jobs for which domestic personnel cannot be found.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Temporary Alien Workers Seeking Classification under the Immigration and Nationality Act Rule (8 CFR Part 214)

Adoption: 1991-11-20 | USA-1991-R-26637

Implements provisions of the Immigration Act of 1990 reflecting administrative operating experience, implements new non-immigrant classifications, and clarifies for businesses and the general public requirements for classification, admission, and maintenance of status.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Migrant and Seasonal Agricultural Worker Protection Rule (29 CFR Part 500)

Adoption: 1991-06-26 | USA-1991-R-25021

Amends the Migrant and Seasonal Agricultural Worker Protection Regulations to conform with USSC decision that exclusive remedy provisions in State workers' compensation schemes do not preclude migrant workers from suing their employer for damages under the Migrant and Seasonal Agricultural Protection Act.

United States of America - Migrant workers - Law, Act

Immigration Act of 1990. Public Law 101 (S.358 and H.R. 4300).

Adoption: 1990-11-29 | Date of entry into force: 1992 | USA-1990-L-21135

Raises the annual immigration quota by 40 per cent, to some 700,000, with a large proportion of the extra visas being granted to skilled people without family ties in the United States, subject to education and work experience requirements. The Act repeals earlier provisions specifically restricting admission to the United States on grounds of political opinion, H.I.V. infection, etc. The anti-discrimination features of the Immigration Reform and Control Act of 1986 are strengthened, and the "temporary protected status" is instituted as a form of relief for aliens unable to return to their country due to war, natural disaster, etc.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Prohibition Against Termination of Coverage for American Citizens and Residents Working Abroad for a Foreign Affiliate of an American Employer and Extension of Disability Insurance Program Demonstration Project Authority Rule (20 CFR Part 404)

Adoption: 1990-10-31 | Date of entry into force: 1990-12-17 | USA-1990-R-22425

Revisions, concerning Social Security coverage agreements entered into by American employers with respect to their foreign affiliates, prohibit termination of coverage and create demonstration projects intended to test ways of encouraging individuals entitled to disability insurance benefits to return to work.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Noncompetitive Appointment of Certain Former Overseas Employees Rule (5 CFR Parts 315 and 316)

Adoption: 1990-10-22 | Date of entry into force: 1990-10-23 | USA-1990-R-20961

Interim regulations, with comments requested, to reduce the length of Federal service (to 12 months) that working family members of U.S. civilian and military personnel assigned overseas must complete in order to qualify for subsequent appointment to career positions on returning to the United States.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Temporary Alien Workers Seeking Classification Under the Immigration and Nationality Act Rule (8 CFR Part 214)

Adoption: 1990-08-08 | Date of entry into force: 1990-09-01 | USA-1990-R-20946

Implements the requirements of the Immigration Nursing Relief Act of 1989 (Public Law 101-238) in respect of certain responsibilities of the Immigration and Naturalization Service, including determination of the eligibility of foreign nurses, control of their admission and periods of stay, etc. The rule is designed to facilitate the hiring of alien nurses thereby reducing the shortage of nurses in the USA, while protecting the rights of national nurses.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Fifty-Percent Rule (20 CFR Part 655)

Adoption: 1990-07-13 | Date of entry into force: 1990-06-01 | USA-1990-R-20486

Continuation of an interim rule stipulating the requirement that in the Regulations for the temporary alien agricultural labour certification program requiring employers of nonimmigrant workers to employ any qualified United States worker who applies to the employer until fifty percent of the period of the work contract, under which the foreign worker who is on the job was hired, has elapsed.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Determination of the Shortage Number Under Section 210A of the Immigration and Nationality Act Rule (29 CFR Part 503)

Adoption: 1990-04-10 | Date of entry into force: 1990-04-17 | USA-1990-R-20479

Procedures relating to determination of the number of additional aliens who should be admitted to the United States for temporary residence to meet shortage of workers to perform seasonal agricultural services. Amends subparts c and d of 29 CFR Part 503.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Termination of Temporary Resident Status Granted to an Alien as a Special Agricultural Worker Rule (8 CFR Part 210)

Adoption: 1990-03-16 | Date of entry into force: 1990-04-05 | USA-1990-R-20688

Ensures that affected aliens are notified of the grounds of termination of status and are given an opportunity to appeal any adverse decision.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Temporary Alien Workers Seeking Classification Under the Immigration and Nationality Act Rule (8 CFR Part 214)

Adoption: 1990-03-01 | Date of entry into force: 1990-03-06 | USA-1990-R-20531

Minor technical changes to the final rule regarding temporary alien workers seeking classification under the Immigration and Nationality Act which was published in the Federal Register on 1990-01-26 at 55 CFR 214.2(h)(4) to reflect the proper paragraph designations which resulted from that final rule.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Determination of the Shortage Number Under Section 210A of the Immigration and Nationality Act Rule (29 CFR Part 503)

Adoption: 1989-12-27 | Date of entry into force: 1990-01-02 | USA-1989-R-9119

Regulations regarding the procedure to be used for the determination of the number of additional aliens who should be admitted to the US or who should otherwise acquire the status of aliens lawfully admitted for temporary residence to meet a shortage of workers to perform seasonal agricultural services.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Rules of Practice and Procedure for Administrative Hearings Before Administrative Law Judges in Cases Involving Allegations of Unlawful Employment of Aliens and Unfair Immigration-Related Employment Practices (28 CFR Part 68)

Adoption: 1989-11-24 | Date of entry into force: 1989-11-24 | USA-1989-R-8964

The procedures set forth concern rules of practice in administrative hearings regarding allegations of unlawful hiring, allegations of unfair immigration-related employment practices, and related matters.

United States of America - Migrant workers - Regulation, Decree, Ordinance

State-Administered Adult Education Programs and Secretary's Discretionary Programs of Adult Education Rule (34 CFR 425 (redesignated as 460), 426 (461), 433 (462), 434 (463), 435 to 438 (474 to 477), 441 (491))

Adoption: 1989-08-17 | USA-1989-R-8931

Explains the type of activities that the Secretary may support under certain programs, including the National Workplace Literacy Program and the Adult Migrant Worker Program.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Reporting and Employment Requirements for Employers of Certain Workers Employed in Seasonal Agricultural Services Rule (29 CFR Part 502)

Adoption: 1989-08-17 | Date of entry into force: 1989-10-01 | USA-1989-R-8960

Rule amending the Regulations to specify the Immigration and Naturalization Service Alien Registration Number series announced by the Immigration and Naturalization Service for replenishment agricultural workers. Relates to reporting requirements.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Adverse Effect Wage Rate Methodology Rule (20 CFR Part 655)

Adoption: 1989-06-28 | Date of entry into force: 1989-08-04 | USA-1989-R-8174

Sets forth a methodology for computing adverse effect wage rates for the temporary alien agricultural labour certification program. These wage rates are the minimum wage rates which must be offered and paid to U.S. and alien workers by employers seeking certification of temporary or seasonal agricultural labor or services of nonimmigrant alien workers in the United States. Issued in part under the Immigration Reform and Control Act (LS 1986- USA 1).

United States of America - Migrant workers - Regulation, Decree, Ordinance

Adjustment of Status to that of Persons Admitted for Temporary or Permanent Resident Status Under Section 245a of the Immigration and Nationality Act (8 CFR Part 245A).

Adoption: 1989-06-23 | Date of entry into force: 1989-07-12 | USA-1989-R-8070

Addresses the adjustment of status of temporary resident aliens to that of aliens lawfully admitted for permanent residence, in accordance with section 201 of the Immigration and Control Act of 1986 (LS 1986-USA 1).

United States of America - Migrant workers - Regulation, Decree, Ordinance

Migrant and Seasonal Agricultural Worker Protection Rules (29 CFR Part 500)

Adoption: 1989-03-23 | Date of entry into force: 1989-05-01 | USA-1989-R-8168

This document provides the final text of Regulations reflecting changes concerning the utilisation of undocumented workers, clarification of registration procedures concerning submission of renewal applications, and clarification of the definition of "on a seasonal basis or other temporary basis".

United States of America - Migrant workers - Law, Act

Immigration Technical Corrections Act of 1988. Public Law 100-525 (S. 2479).

Adoption: 1988-10-24 | USA-1988-L-7464

Amends the Immigration and Nationality Act by introducing technical corrections in the Immigration Reform and Control Act of 1986 (LS 1986-USA 1), among other enactments.

United States of America - Migrant workers - Law, Act

Disaster Assistance Act of 1988. Public Law 100-387 (H.R. 5015).

Adoption: 1988-08-11 | USA-1988-L-7458

Provides assistance to agricultural producers on account of drought conditions. Title V provides for emergency assistance to migrant farm workers and low-income agricultural workers.

United States of America - Migrant workers - Law, Act

Community and Migrant Health Centers Amendments of 1988. Public Law 100-386 (S. 2385).

Adoption: 1988-08-10 | USA-1988-L-7457

Amends the Public Health Service Act (42 USC sections 201 et seq. ) to revise and extend the programmes establishing migrant health and community health centres.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Food Stamp Program; Eligible Alien Status Rule (7 CFR Parts 272 and 273)

Adoption: 1988-03-01 | USA-1988-R-6067

Specifies the categories of aliens who are eligible to participate in the Food Stamp Program as a result of the Immigration Reform and Control Act 1986 (LS 1986 - USA 1 (Extracts)).

United States of America - Migrant workers - Regulation, Decree, Ordinance

Interim rules of Practice and Procedure for Administrative Hearings Before Administrative Law Judges in Cases Involving Allegations of Unlawful Employment of Aliens and Unfair Immigration-Related Employment Practices (28 CFR Part 68)

Adoption: 1987-11-13 | USA-1987-R-4619

United States of America - Migrant workers - Regulation, Decree, Ordinance

Unfair Immigration-Related Employment Practices Rule (28 CFR Part 44)

Adoption: 1987-09-30 | Date of entry into force: 1987-11-05 | USA-1987-R-4618

Establishes standards and procedures for the enforcement of section 102 of the Immigration Reform and Control Act of 1986 (LS 1986 - USA 1 (extracts)). That section makes it an unfair immigration-related employment practice to discriminate against an individual in hiring, discharging or recruiting or referring for a fee because of an individual's national origin or, in specified cases, his or her citizenship status. These regulations contain definitions of prohibited practices and set forth the procedures applicable to charges of discrimination.

United States of America - Migrant workers - Regulation, Decree, Ordinance

Labor Certification Process for the Permanent Employment of Aliens in the United States; Establishment of Board of Alien Labor Certification Appeals Rule (20 CFR Part 656)

Adoption: 1987-04-02 | USA-1987-R-3392

Revised procedures in relation to the newly established Board.