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OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

thorized by Act of Congress, from bring. ing into the United States, under contract, such otherwise admissible alien mechanics, artisans, agents, or other employees, natives of his country as may be necessary for installing or conducting his exhibit or for preparing for installing or conducting any business authorized or permitted under any concession or privilege which may have been or may be granted by any such fair or exposition in connection therewith, under such rules and regulations as the Commissioner of Immigration and Naturalization, with the approval of the Attorney General, may prescribe both as to the admission and return of such persons; (Act of 1917, eighth proviso to sec. 3).

That the contract labor provisions of the immigration laws shall be applicable to alien instrumental musicians, whether coming for permanent residence or for a temporary period.

SEC. 2. No alien instrumental musician shall, as such, be considered an "artist" or a “professional actor" within the meaning of the fifth proviso of section 3 of the Immigration Act of 1917 (U. S. C. title 8, sec. 136 (h), second proviso) unless

(1) he is 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.

SEC. 3. In the case of an alien instrumental musician coming for a temporary period, who is exempted from the contract labor provisions of the immigration laws by the fifth proviso of section 3 of the Immigration Act of 1917 as limited by section 2 of this Act, his admission to the United States shall be under such conditions as may be by regulations prescribed by the Attorney General (including where deemed neeessary the giving of bond with sufficient surety) to insure that at the termination of his contract he will depart from the United States. (47 Stat. 67; 8 U.S. C. 1375–137d.) (Act of March 17, 1932.)

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

OLD LAW

persons who have come in consequence of advertisements for laborers printed, published, or distributed in a foreign country ; (Act of 1917, sec. 3). persons whose ticket or passage is paid for with the money of another, or who are assisted by others to come, unless it is affirmatively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes ; persons whose ticket or passage is paid for by any corporation, association, society, municipality, or foreign government, either directly or indirectly; (Act of 1917, sec. 3). Provided further, (3) That the provisions of this Act, relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign Government shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: (act of 1917, third proviso to sec. 3). all children under sixteen years of age, unaccompanied by or not coming to one or both of their parents, except that any such children may, in the discretion of the Attorney General, be admitted if in his opinion they are not likely to become a public charge and are otherwise eligible; (act of 1917, sec. 3). unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the continent of Asia, situate south of the twentieth parallel latitude north, west of the one hundred and sixtieth meridian of longitude east from Greenwich, and north of the tenth parallel of latitude south, or who are natives of any country, province or dependency situate on the Continent of Asia west of the one hundred and tenth meridian of longitude east from Greenwich and east of the fiftieth meridian of longitude east from Greenwich and south of the fiftieth parallel of latitude north, except that portion of said territory situate between the fiftieth and sixty-fourth meridians of longitude east from Greenwich and the twenty-fourth and thirty-eighth parallels of latitude north, and no alien now in any way excluded from, or prevented from entering, the United States shall be admitted to the United States. The provision next foregoing, however, shall not apply to persons of the following status or occupations: Government officers, ministers or religious teachers, missionaries, lawyers, phy.

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIO LAW 414

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sicians, chemists, civil engineers, teach-
ers, students, authors, artists, mer-
chants, and travelers for curiosity or
pleasure, nor to their legal wives or
their children under sixteen years of
age who shall accompany them or who
subsequently may apply for admission
to the United States, but such persons
or their legal wives or foreign-born
children who fail to maintain in the
United States a status or occupation
placing them within the excepted classes
shall be deemed to be in the United
States contrary to law, and shall be
subject to deportation as provided in
section nineteen of this Act. (Act of
1917, sec. 3.)
Provided further, (6) That whenever
the President shall be satisfied that
passports issued by any foreign govern-
ment to its citizens or subjects 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 en-
abling the holder to come to the con-
tinental territory of the United States
to the detriment of labor conditions
therein, the President shall refuse to
permit such citizens or subjects of the
country issuing such passports to enter
the continental territory of the United
States from such other country or from
such insular possession or from the
Canal Zone: (Act of 1917, sixth pro-

viso to sec. 3). (b) The provisions of paragraph That for the purpose of ascertaining (25) of subsection (a) shall not be whether aliens can read the immigrant applicable to any alien who (1) is the inspectors shall be furnished with slips parent, grandparent, spouse, daughter, of uniform size, prepared under the dior son of an admissible alien, or any rection of the Attorney General, each alien lawfully admitted for permanent containing not less than thirty nor more residence, or any citizen of the United than forty words in ordinary use, States, if accompanying such admis- printed in plainly legible type in some sible alien, or coming to join such citi- one of the various languages or diazen or alien lawfully admitted, and if lects of immigrants. Each alien may otherwise admissible, or (2) proves designate, the particular language or that he is seeking admission to the dialect in which he desires the examiUnited States to avoid religious per- nation to be made, and shall be required secution in the country of his last per- to read the words printed on the slip manent residence, whether such perse- in such language or dialect. That the cution be evidenced by overt acts or following classes of persons shall be by laws or governmental regulations exempt from the operation of the illiterthat discriminate against such alien acy test, to wit: All aliens who shall or any group to which he belongs be- prove to the satisfaction of the proper cause of his religious faith. For the immigration officer or to the Attorney purpose of ascertaining whether an General that they are seeking admission alien can read under paragraph (25) to the United States to avoid religious of subsection (a), the consular officers persecution in the country of their last and immigration officers shall be fur- permanent residence, whether such pernished with slips of uniform size, pre- secution be evidenced by overt acts or pared under direction of the Attorney by laws or governmental regulations General, each containing not less than that discriminate against the alien or thirty nor more than forty words in the race to which he belongs because of

THE IMMIGRATION AND NATIONALITY AOT,

OLD LAW PUBLIC LAW 414 ordinary use, printed in plainly legible his religious faith; all aliens who have type, in one of the various languages been lawfully admitted to the United or dialects of immigrants. Each alien States and who have resided therein may designate the particular language continuously for five years, and who or dialect in which he desires the ex- return to the United States within six amination to be made and shall be re- months from the date of their deparquired to read and understand the words ture therefrom; all aliens in transit printed on the slip in such language or through the United States; all aliens dialect.

who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign con

tiguous territory : (c) Aliens lawfully admitted for Provided further, (7) That aliens repermanent residence who temporarily turning after a temporary absence to proceeded abroad voluntarily and not an unrelinquished United States domunder an order of deportation, and icile of seven consecutive years may be who are returning to a lawful unrelin- admitted in the discretion of the Attorquished domicile of seven consecutive ney General, and under such conditions years, may be admitted in the discre- as he may prescribe: (Act of 1917, tion of the Attorney General without seventh proviso to sec. 3). regard to the provisions of paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 211 (b).

(d) (1) The provisions of paragraphs SEC. 6. (a) The provisions of the sev(11) and (25) of subsection (a) shall enth proviso to section 3 of the Imminot be applicable to any alien who in gration Act of February 5, 1917, as good faith is seeking to enter the United amended (39 Stat. 875; 8 U. S. C. 136), States as a nonimmigrant.

relating to the admission of aliens to the United States, shall have no application to cases falling within the purview of section 1 of this Act. (Act of Oct. 16, 1918, as amended by sec. 22 of the Subversive Activities Control Act of

1950.) (2) The provisions of paragraph (28) SEO. 2. The provision of paragraph (2) of subsection (a) of this section shall of section 1 shall not be applicable to any not be applicable to any alien who is alien who is seeking to enter the United seeking to enter the United States tem- States temporarily as a nonimmigrant porarily as a nonimmigrant under para- under section 3 (1) or 3 (7) of the Imgraph (15) (A) (iii) or (15) (G) (v) migration Act of 1924, as amended (43 of section 101 (a).

Stat. 153; 8 U. S. C. 201). (Act of Oct. 16, 1918, as amended by sec. 22 of the Subversive Activities Control Act of

1950). (3) Except as provided in this sub- Provided further, (9) That the Commissection, an alien (A) who is applying sioner of Immigration and Naturalizafor a nonimmigrant visa and is known tion with the approval of the Attorney or believed by the consular officer to be General shall issue rules and prescribe ineligible for such visa under one or conditions, including exaction of such more of the paragraphs enumerated in bonds as may be necessary, to control subsection (a) (other than paragraphs and regulate the admission and return (27) and (29)), may, after approval by of otherwise inadmissible aliens applythe Attorney General of a recommenda- ing for temporary admission : (Act of tion by the Secretary of State or by 1917, ninth proviso to sec. 3). the consular officer that the alien be ad- (b) The provisions of the ninth promitted temporarily despite his inadmis- viso to section 3 of the Immigration Act sibility, be granted such a visa and may of February 5, 1917, as amended (39 be admitted into the United States tem- Stat. 875; 8 U. s. C. 136), relating to porarily as a nonimmigrant in the dis. the temporary admission of aliens to the

OLD LAW

THE IMMIGRATION AND NATIONALITY ACT,

PUBLIC LAW 414

cretion of the Attorney General, or (B) United States, shall have no application who is inadmissible under one or more to cases falling within the purview of of the paragraphs enumerated in sub- section 1 (1) and 1 (3) of this Act. section (a) (other than paragraphs (27) The Attorney General shall make a de and (29)), but who is in possession of tailed report to Congress in any case appropriate documents or is granted a where the authority granted in the ninth waiver thereof and is seeking admission, proviso above is exercised on behalf of may be admitted into the United States any alien excludible under section 1 (2). temporarily as a nonimmigrant in the Sec. 6 (b) of the Act of Oct. 16, 1918, as discretion of the Attorney General. amended by the Subversive Activities

(4) Either or both of the requirements Control Act of 1950.) of paragraph (26) of subsecion (a) may be waived by the Attorney General and the Secretary of State acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or (C) in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section 238 (d).

(5) The Attorney General may in his discretion parole into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.

(6) The Attorney General shall pre- (b) The provisions of the ninth proscribe conditions, including exaction of viso to section 3 of the Immigration such bonds as may be necessary, to con- Act of February 5, 1917, as amended trol and regulate the admission and (39 Stat. 875; 8 U. S. C. 136), relating return of excludable aliens applying to the temporary admission of aliens for temporary admission under this to the United States, shall have no apsubsection. The Attorney General shall plication to cases falling within the make a detailed report to the Congress purview of section 1 (1) and 1 (3) of in any case in which he exercises his this Act. The Attorney General shall authority under paragraph (3) of this make a detailed report to Congress in subsection on behalf of any alien ex- any case where the authority granted in cludable under paragraphs (9), (10), the ninth proviso above is exercised on and (28) of subsection (a).

behalf of any alien excludible under section 1 (2). (Sec. 6, Act of Oct. 16, 1918, as amended by sec. 22 of the Sub

versive Activities Control Act of 1950.) (7) The provisions of subsection (a) That the term “United States” as of this section, except paragraphs (20), used in the title as well as in the various (21) and (26), shall be applicable to sections of this Act shall be construed any alien who shall leave Hawaii, to mean the United States, and any

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