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follow the same steps as those before set forth in reference to a minister, priest or rabbi, with the exception that the affidavit presented by him must be signed by the proper officials of a recognized higher institution of learning in the United States that they will engage his services upon his arrival here.
An engagement contract between a religious institution in the United States and a minister, priest or rabbi abroad, or an engagement contract between a higher institution of learning and a professor, is valid and not considered a violation of the contract labor law under the Immigration Act. Contract labor does not apply to aliens belonging to learned professions.
Under the fifth caption, a "student" mentioned in this paragraph is construed to mean any individual who is coming to the United States to take up a course in one of the higher professions, such as minister, doctor, lawyer, engineer, etc. Any individual desiring to come to the United States as a student should send his qualifications and credits to the university or higher institution of learning which he desires to enter and be enrolled as a student. It must be remembered that the institution chosen by this student must be one recognized and approved by the Secretary of Labor as a bona fide institution, or his enrollment is not recognized. The school or college must notify the Secretary of La. bor that it has enrolled the student, and must also notify the Secretary of Labor at the termination of his course in order that the alien student will return to the country from whence he came. A student may only be temporarily admitted until such time as his course of study is completed, Upon receiving notice from the college that he was enrolled as such student, he should file an application with the nearest American Consul abroad for a nonquota visa.
PREFERENCE WITHIN QUOTA IMMIGRANTS. Under (c) the following:
First, to a quota immigrant who is an unmarried child under 21 years of age, the father, the mother, the husband or the wife of a citizen of the United States who is 21 years of age or over. An American citizen desirous of bringing over his relatives under the above classification should file an application with the Commissioner General of Immigration at Washington, D. C., stating the same information as that to be contained in the affidavit to be filed on behalf of Non-Quota Immigrants mentioned in the first sub-division.
You will note that under certain circumstances a wife is a Non-Quota Immigrant and under other circumstances she is a Preference Within Quota Immigrant. The two sections are interpreted as follows: If a citizen makes an application for admission of his wife and minor children under 18 years of age, while he is residing in the United States, they will receive a Non-Quota Visa; if he makes an application while he is residing abroad for more than one year, his wife and minor children will receive a Preference Within Quota Visa. Children between the ages of 18 and 21 of American citizens only receive Preference Within Quota visas, regardless of where the parent resides.
Second, to a quota immigrant who is skilled in agriculture and his wife and his dependent children under the age of 16 years if accompanying or following to join him, the preference printed in this paragraph shall not apply to immigrants of any nationality the annual quota for which is less than 300. The preference printed above for the agriculturists shall not, in the case of quota immigrants of any nationality, exceed 50% of the annual quota for such nationality. The term "immigrant who is skilled in agriculture” applies to farmers and farm laborers who are skilled in the planting, cultivation and harvesting of crops, and to persons skilled in forestry, horticulture and animal husbandry. A "forester" shall be construed to mean one who is trained and skilled in the production, protection or utilization of forests, or an experienced woodsman skilled in practical lugging engineering; "skilled in horticulture” shall be construed to mean one who is skilled in nursery or garden work, landscape gardening, or the cultivation or tending of orchards or vineyards; "skilled in animal husbandry" shall be construed to mean one who possesses knowledge and experience in the breeding and raising of live-stock and poultry for market, or in dairy farming, and shall not mean one who has maintained solely for family use one or more animals commonly used for such purposes. The preference provided as to agriculturists does not apply to those born in Albania, Armenia, Bulgaria, Esthonia, Finland, Free State of Fiume, Greece, Iceland, Latvia, Luxemburg, Spain, Other Europe (including Andorra, Gibraltar, Leichtenstein, Malta, Monaco and San Marino), Palestine, Syria, Turkey, Other Asia, Africa, Egypt, Atlantic Islands, Australia, New Zeeland and the Pacific Islands, as their annual quota is not over 300.
REGULAR QUOTA IMMIGRANTS. Under (d) the following:
All those who are not Non-Immigrants, Non-Quota Immigrants and Preference Within Quota Immigrants, are classified as Regular Quota Immigrants. For instance, brothers, sisters, nieces, nephews and cousins of American citizens, and all other relatives of resident aliens, whether they have declared their intention to become a citizen or not, are regular quota immigrants, and any other alien not enumerated above.
Any person desiring to bring over his or her relative to the United States, should first execute an affidavit of support in four copies; send original and copy to the American Consul abroad having jurisdiction over the territory where the relative resides, and two copies should be sent to the relative abroard. The affidavit should contain the following: The name and residence of the party making the affidavit; when he arrived in the United States; if a native citizen, give the date and place of your birth; if a naturalized citizen, give the number of your naturalization certificate, the name of the court that issued the certificate,
the place where it was issued, and the date when it was issued; never make copies of your naturalization certificate as it is absolutely against the law to do so, (if a declarant, give the number of your Declaration and the date, place and name of Court thereof); if you own any property, state the value thereof, and where it is located; if you are in business, state the nature of your business, your income from that business, and the value of your personal property such as money, goods, wares and merchandise, bonds, mortgages, etc.; if you are employed, give the name of your employer, his address, and your monthly earnings, and the value of your personal property; also, state the relationship between you and the relative abroad, his age and place of residence abroad; you are also required to state that you are willing to support and guarantee to save harmless the United States and each state, territory, district and municipality against your said relative ever becoming a public charge while in the United States. The same procedure applies to one who has declared his intention of becoming a citizen. The above affidavit of support must be acknowledged before a Notary Public, or before any officer authorized to administer oaths.
Every affidavit to be used in a foreign country must be legalized by the County Clerk of the County in which the affidavit is executed. Legalization of the above means the certification by the County Clerk that the signature of the Notary Public before whom the affidavit is executed is genuine.
The following countries require affidavits of support to be legalized by their Consuls in the United States: Austria, Hungary, Lithuania, Poland, Roumania, etc. The fees for legalization vary from time to time. Any steamship agent can furnish you with the latest information on the above. When the affidavit is completed, have the original affidavit legalized by the County Clerk of your county, and ascertain from your nearest steamship agent whether the country you are sending the affidavit to requires legalization with their Consular representative in the United States; if it requires such, send the original affidavit to the Foreign Consul in the United States representing such foreign country where the relative resides. When you receive the legalized affidavit from the Foreign Consul, you may then send this affidavit of support to the American Consul abroad. The importance of the above legalized copy is for your own benefit, as the Government where your relative resides will not issue a foreign passport to your relative unless the original affidavit of support has been legalized with their Consul in the United States, and it will save you a great deal of delay and trouble in the end.
THE IMPORTATION OF SKILLED LABOR.
Applications for permission to import otherwise admissible skilled labor shall be submitted by the person, company or corporation seeking such privilege to the immigration 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 nontechnical 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 specially 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
If the application is favorable, a copy of the records will be transmitted to the port at which it is proposed the alien contract laborers shall enter, with instructions to the Immigration officials there in charge to admit such skilled laborers if upon arrival and examination they are found to be admissible under all the provisions of the Immigration Act.
THE ADMISSION OF STUDENT LABORERS. Under (f) the following:
Employers of skilled labor desirous of training aliens in their establishment guaranteed such privilege by the Labor 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 a student capacity while within the United States and will leave this country immediately upon the conclusion of his course of training. Application for this privilege and proof of support thereof, shall be submitted substantally the same way as applcation for skilled labor given heretofore in paragraph E.
THE ADMISSION OF EXHIBITORS AND THEIR EMPLOYEES. Under (g) the following:
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. Such aliens, unlike other exempted from the contract-labor provisions, are also exempted from the illiteracy test.
WIVES OF AMERICAN CITIZENS. For the purpose of simplifying the status of wives of American citizens, they are classified as follows:
First: Wives of American citizens, who were married to a citizen prior to the enactment of the Cable Act, the above mentioned wife is a citizen of the United States, although residing abroad. If the husband wishes to bring the wife to the United States, he should not request the Commissioner General of Immigration to grant her permission to enter as a non-quota immigrant. In order to bring in the wife, the husband should send his Naturalization Certificate and his Marriage Certificate to the Passport Control Division of the Department of State, Washington, D. C., with the request that she be granted an American passport. The Secretary of State will then authorize that a passport be issued to her on proper identification.
Second: If the husband became a citizen after September 22nd, 1922, and resides in the United States, his wife will still remain an alien. She will be entitled to a non-quota immigration visa, and not to a passport. In such case, the husband shall file an application with the Commissioner General of Immigration for a non-quota status.
Third: Any American citizen residing abroad desiring to bring his wife to the United States, should file an application with the Commissioner General of Immigration, at Washington, D. C., for a preference-within-quota visa. Under the Immigration Act wives of American citizens residing abroad are only entitled to preference-within-quota, and not to a non-quota status.
CHILDREN OF AMERICAN CITIZ ENS. The Rights of Children. Children born after, and while the father is a citizen, have citizenship rights from birth. They cannot be denied admission to the United States even if they are inadmissible as aliens because of some of our Immigration Regulations. For such children, father citizens should not file a petition with the Commissioner General of Immigration for non-quota or preferred status, but he should submit their application for a passport to the nearest American Consulate abroard. The father should furnish the Consul with his Naturalization Certificate, or a certified copy of the Court's record where he was naturalized.
Children born abroad before the father became a citizen are not entitled to travel on American passports. If the child is under 18 and unmarried, the child is entitled to a non-quota immigration status, if the father citizen resides in the United States at the time the application is filed. If the father should reside abroad at the time of filing his application, his child, even though under 18 and unmarried, is only entitled to preference within quota status. In both of those cases the father should file a petition with the Commissioner General of Immigration for the admission of his child.