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Inspector's Field Manual - Gani

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<strong>Inspector's</strong> <strong>Field</strong> <strong>Manual</strong><br />

Ciudad<br />

Juarez 11/18/92<br />

Guadalajara 9/26/94<br />

Hermosillo 12/12/91<br />

Matamoros Scheduled 6/96<br />

Merida 3/14/95<br />

Mexico City 5/11/91 (MRV)<br />

2/18/93 (SAV)<br />

Tijuana 1/10/92<br />

Third, a border crossing card issued on Form I-185 is available to Canadian citizens or British subjects residing<br />

in Canada. Such cards are commonly issued for the purpose of documenting approval of a waiver of<br />

inadmissibility. Like the I-586, the I-185 may be presented for admission at any port-of-entry.<br />

A fourth type of border crossing card is actually a passport stamp, similar to a visa. It is issued by the<br />

Department of State pursuant to 22 CFR 41.33 to Landed Immigrants of Canada. This type of border crossing<br />

card may be used solely for entry to the U.S. from Canada or from Mexico after a visit only to Mexico. The<br />

border crossing card stamp may be used even if the passport in which it was stamped has expired.<br />

[Refer to visa requirements for Mexican and Canadian citizens and Canadian landed immigrants in Chapter<br />

15.3 and 8 CFR 212.1.]<br />

(b) Admission Procedures. When a border crossing card is used for an admission requiring Form I-94, enter the<br />

card number in the remarks block on the back of the I-94.<br />

(c) Card Issuance Procedures. Border Crossing Card issuance procedures are discussed in Chapter 21.5.<br />

15.10 Entry of Nonimmigrant Workers during Labor Disputes.<br />

(a) General. There are specific regulations governing the admission of nonimmigrant alien workers entering<br />

during strikes and lockouts involving their employers. In general, an alien who has not yet entered the U.S.<br />

under an approved I-129 petition or who has not yet entered as a D, E, or TN, is inadmissible once the Secretary<br />

of Labor has certified to the Attorney General that a strike is in progress. An alien who has already commenced<br />

employment may participate in a strike (if not engaging in unlawful conduct) without jeopardizing his or her<br />

status [Specific regulations governing admission of nonimmigrants during strikes are contained in relevant<br />

subsections of 8 CFR 214.2].<br />

(b) Labor Disputes Involving NAFTA Nonimmigrants. Article 1603(2) of NAFTA establishes a safeguard for<br />

the domestic labor force in each NAFTA country. This provision permits each party to NAFTA to refuse issuance<br />

of an immigration document to a NAFTA business person whose temporary entry may affect adversely the<br />

settlement of any labor dispute in progress at the place or intended place of employment, or if temporary entry<br />

would affect adversely the employment of any person involved in such dispute. This provision may also be<br />

invoked with respect to a NAFTA business person seeking entry as a treaty trader, treaty investor, intracompany<br />

transferee, or professional, whose activities in the U.S. require an employment authorization. If a petition has<br />

already been approved, but the alien has not yet entered the U.S., or has entered the U.S. but not yet started<br />

employment, the approval of the petition may be revoked [See §214(j) of the Act, and 8 CFR 214.2(e), (l), and<br />

214.6].<br />

Only if the Secretary of Labor certifies to or otherwise informs the Commissioner that a strike or other labor<br />

dispute involving a work stoppage of workers is in progress can adverse action (admission in a NAFTA<br />

category or approval of a petition) under this provision be initiated.

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