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Pharmacologist-baccalaureate degree

Physicist-baccalaureate degree

Plant breeder-baccalaureate degree

Poultry scientist-baccalaureate degree

Soil scientist-baccalaureate degree – Zoologist/baccalaureate degree Social worker-baccalaureate degree Sylviculturist (forestry specialist, baccalaureate degree

Teacher

College_baccalaureate degree
Seminary—baccalaureate degree

University-baccalaureate degree Technical publications writerbaccalaureate degree or post-secondary diploma and three years experience Urban planner_baccalaureate degree Vocational counselor-baccalaureate degree

1 The terms "state/provincial license” and “state/provincial/federal license” means any document issued by a state, provincial, or federal government as the case may be, or under its authority, which permits a person to engage in a regulated activity or profession.

2 Must perform chemical, biological, hematological, immunologic, microscopic and bacteriological tests, procedures, experiments, and analyses in laboratories for diagnosis, treatment, and prevention of disease.

VII. DESCRIPTION OF OTHER PROVISIONS RELATING TO

IMMIGRATION OR TREATMENT OF ALIENS

(Source: American Law Division, Congressional Research Services, Library of Congress; as of January 1, 1992)

A. MILITARY SERVICE

1. ENLISTMENT._Sections 3253 and 8253 of title 10, United States Code, prohibit original peacetime enlistment in the Army or the Air Force, respectively, of anyone who is not a citizen or lawful permanent resident alien.

2. MILITARY SELECTIVE SERVICE ACT.-Section 3 of the Act (50 U.S.C. App. 453(a)) exempts lawfully admitted nonimmigrant aliens from registration. Under the final proviso of section 5(a)(1) (50 U.S.C. App. 455(a)(1)), a local board may not order the induction of an alien who has not resided in the United States at least one year. Section 6(a)(1) (50 U.S.C. App. 456(a)(1)), in the proviso to the first sentence, defers the induction of a permanent resident alien who qualifies for but who has waived nonimmigrant status as a diplomat or treaty alien (viz., subparagraph (A), (E), or (G) of section 101(a)(15) of the INA) for as long as the alien holds the diplomatic or treaty status job.

3. OTHER SERVICE.—There are numerous other restrictions on service by aliens in the Armed Forces and related agencies. For example, citizenship is a requirement for original appointment as a commissioned officer (10 U.S.C. 532(a)), appointment to the Naval Academy (10 U.S.C. 6958(c)), appointment as an aviation cadet (10 U.S.C. 8257(b)), appointment as an officer in the National Guard (32 U.S.C. 313(b)(1)), and appointment in the Commissioned Corps of the Public Health Service. Service in the Coast Guard Reserve is restricted to citizens of the United States or its territories or possessions (14 U.S.C. 706). Similarly, only citizens and nationals are eligible for appointment to the Merchant Marine Academy (46 U.S.C. App. 1295b(b)). Service in the reserves is restricted to citizens and permanent resident aliens (10 U.S.C. 510(b), 591(b)(1)).

B. SOCIAL SECURITY ACT PROVISIONS

1. OASDI OLD AGE, SURVIVORS, AND DISABILITY INSURANCE (OASDI).—Even though OASDI extends to all individuals who engaged in covered employment, the ability of certain aliens to receive benefits is limited. Unless the alien subsequently has been admitted as a permanent resident, an alien who has been deported for reasons other than violation of nonimmigrant status or alien smuggling is ineligible for benefits nor is a lump sum benefit payable on the alien's death (42 U.S.C. 102(n)). Payments to an otherwise eligible alien who has been outside the United States for longer than 6 months may be terminated unless the alien qualifies under an exception to the nonpayment rule (42 U.S.C. 402(t)). Additionally, nonresident dependents and survivors cannot receive benefits for more than 6 months unless the relationship, upon which the claim is based existed for at least 5 years during which time the dependent or survivor lived in the U.S. (42 U.S.C. 402(t)(11)).

2. SOCIAL SECURITY ACCOUNT NUMBER SOCIAL SECURITY ACCOUNT NUMBERS. Section 205(c)(2)(B)(i) of the Act (42 U.S.C. 405(c)(2)(B)(i)) limits the issuance of social security account numbers to citizens and those aliens whose status does not prohibit them from engaging in employment. By regulation (20 C.F.R. 422.104), social security numbers may be assigned for nonwork purposes to certain aliens who are legally in the United States but not authorized to work.

3. AFDC AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC).-Section 402(aX33) of the Act (42 U.S.C. 602(aX(33)) requires that under a State AFDC plan, in order for an individual to be a dependent child or for his or her needs to be taken into account, the individual must be a citizen, an alien lawfully admitted for permanent residence, or otherwise permanently residing in the United States under color of law (including residence as an asylee, refugee, or parolee). The category of aliens “permanently residing in the United States under color of law" generally encompasses aliens who are living in the United States with the knowledge and permission of INS and whose departure the INS does not contemplate enforcing. However, under section 244A of the INA (8 U.S.C. 1254a), aliens granted temporary protected status are deemed not to be residing here permanently under color of law. In addition aliens who become legalized aliens under section 245A of the INA (8 U.S.C. 1255a) are not eligible for benefits for 5 years after obtaining lawful temporary status (see section 245A(hX1XAXi)). Under section 210(f) of the INA (8 U.S.C. 1160), special agricultural workers also are ineligible for benefits for five years after obtaining lawful temporary status. Furthermore, section 415 of the Social Security Act (42 U.S.C. 615) provides generally, for purposes of determining eligibility for and the amount of benefits under the AFDC program, that a sponsor's income and resources are attributed to an alien. AFDC eligibility is subject to verification of immigration status under the "SAVE” program (see section 1137(d) of the Social Security Act, 42 U.S.C. 1320b-7(d), shown below); funding for 100 percent of the costs of implementing and operating the SAVE program under AFDC is contained in section 403(aX3XA) of the Social Security Act (42 U.S.C. 603(a/3XA).

4. SYSTEM FOR ALIEN VERIFICATION OF ELIGIBILITY (SAVE) SYSTEM FOR ALIEN VERIFICATION OF ELIGIBILITY (SAVE).-Section 121(a) of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603) added a requirement (effective October 1, 1988, unless otherwise waived) of various Federal and State assistance programs (including AFDC, medicaid, food stamps, unemployment compensation, educational assistance, and housing assistance) that a verification be made of immigration status as a condition of eligibility. These requirements are contained in subsections (d) & (e) of section 1137 of the Social Security Act (42 U.S.C. 1320b-7) (for AFDC, medicaid, unemployment compensation, and food stamps); subsections (d) through (f) of section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) (for housing assistance programs); and subsections (h) through (j) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) (for title IV educational assistance). For text, see Appendix II.B.2. Subsection (b) of section 121 of Pub. L. 99-603 amended a variety of laws to provide 100 percent reimbursement for costs of implementation and operation of the immigration status verification system. For text of subsections (c) and (d) of that section, regarding effective dates and GAO re ports, see Appendix II.B.1.

5. SSI SUPPLEMENTAL SECURITY INCOME PROGRAM (SSI).-Section 1614(aX1XB) of the Social Security Act (42 U.S.C. 1382c(a)(1)(B)) limits eligibility under the Supplemental Security Income program to citizens, lawful permanent resident aliens, and aliens permanently residing in the United States under color of law (including refugees and parolees). The category of aliens “permanently residing in the United States under color of lawgenerally encompasses aliens who are living in the United States with the knowledge and permission of INS and whose departure the INS does not contemplate enforcing (See 20 C.F.R. 416.1618(b)). However, under section 244A of the INA, aliens granted temporary protected status are deemed not to be residing here permanently under color of law. By contrast, aliens who become legalized aliens under section 245A of the INA and special agricultural workers under section 210 of the INA are eligible for SSI benefits without being subject to a 5-year benefit disqualification period. Sections 1614(f) and 1621 of the Act (42 U.S.C. 1382c(f), 1382j) provide that for purposes of determining eligibility for and the amount of benefits under the SSI program, a sponsor's income and resources are attributed to an alien.

6. MEDICARE MEDICARE.—An individual who is over 65 years of age and who is otherwise not entitled to receive medicare benefits through past withholding of wages is eligible to

enroll in the medicare program under sections 1818(a) and 1835 of the Social Security Act (42 U.S.C. 1395–2(a), 13950) if the individual is a resident of the United States and either is a citizen or is an alien “lawfully admitted for permanent residence who has resided in the United States continuously during the 5 years immediately preceding the month in which he applies for enrollment”.

7. MEDICAID

MEDICAID.—Except for emergency medical treatment (a term that includes emergency labor and delivery), section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) prohibits payments under Medicaid for aliens who are not either lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. The category of aliens “permanently residing in the United States under color of law" generally encompasses aliens who are living in the United States with the knowledge and permission of INS and whose departure the INS does not contemplate enforcing. However, under section 244A of the INA (8 U.S.C. 1254a), aliens granted temporary protected status are deemed not to be residing here permanently under color of law. In addition adult aliens who become legalized aliens under section 245A of the INA (8 U.S.C. 1255a) are not eligible for nonemergency or non-pregnancy-related benefits for 5 years after obtaining lawful temporary status (see section 245A(h)(1)(A)(ii), (3)). Medicaid eligibility is subject to verification of immigration status under the "SAVE” program (see section 1137(d) of the Social Security Act, shown in Appendix II.B.2.); funding for 100 percent of the costs of implementing and operating the SAVE program under medicaid is contained in section 1903(a)(4) of the Social Security Act (42 U.S.C. 1396b(a)(4)).

C. LABOR LAW

1. NATIONAL LABOR RELATIONS Act.—Case law has established that all aliens, including undocumented aliens, are “employees” under the National Labor Relations Act and that they are protected under the NLRA against unfair labor practices (Sure-Tan v. NLRB, 467 U.S. 883 (1984)). Enforcement of unfair labor practices generally protects the rights of employees to organize and bargain collectively (29 U.S.Č. 158). Though all aliens have rights under the NLRA, the remedies available for violation of those rights, particularly backpay, may be restricted for undocumented aliens, at least those outside of the country during the backpay period.

2. FAIR LABOR STANDARDS ACT OF 1938.-Case law has held that even undocumented aliens are "employees” within the minimum wage and maximum hours provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 206, 207) (Patel v. Quality Inn South, 846 F.2d 700 (11th Cir. 1988). Numerous types of employment are exempt from both the minimum wage and maximum hour requirements, including among other employment aquacultural and fishing labor, certain sales and retail employment, certain temporary nonmigratory agricultural labor, and agricultural labor for employers using less than 500 man-days of agricultural labor (29 U.S.C. 213(a)). Certain other employment, including certain other labor in agriculture or transportation, is exempt from maximum hour requirements (29 U.S.C. 213(b).

3. MIGRANT AND SEASONAL AGRICULTURAL WORKERS PROTECTION ACT (MASAWPA).-The Migrant and Seasonal Agricultural Workers Protection Act requires that (with limited exemptions including small businesses and family farms) farm labor contractors, agricultural employers, and agricultural association provide a variety of protections to workers who are seasonal or migrants. Workers must be provided notice when recruited of the place and nature of the labor and the compensation to be paid (29 U.S.C. 1821(a), 1831(a)). Covered workers also must be paid when due (29 U.S.C. 1822(a), 1832(a)), be provided with an itemized statement of wages and deductions (29 U.S.C. 1821(d), 1831(c)), must not be required to obtain supplies or services exclusively from the employer (29 U.S.C. 1822(b), 1832(b)), and must be given transportation that is safe (29 U.S.C. 1841). Migrants must be provided housing meeting certain minimum standards (29 U.S.C. 1823).

4. TITLE VII OF THE Civil Rights ACT OF 1964.—The equal employment provision of the Civil Rights Act of 1964 do not prohibit private discrimination in employment on the basis of alienage (42 U.S.C. 2000e-2). Relief for private employment discrimination on the basis of alienage is limited to the aliens and acts covered in section 274B of the INA (8 U.S.C. 1324b). However, aliens are protected against unfair employment practices if they are discriminated against on the basis of race, color, religion, sex, or national origin.

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