\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 30 Nonimmigrants in General. \ 30.7 Unauthorized Employment and Other Incidents Involving A or G Nonimmigrants.
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30.7 Unauthorized Employment and Other Incidents Involving A or G Nonimmigrants.
If it comes to
attention that an A-1, A-2, G-1, G-2, G-3, or G-4 nonimmigrant is engaged in unauthorized employment,
shall notify the employer and the alien that the employment is unauthorized. An A-file shall be created, if one does not exist. The incident shall be reported in writing within 72 hours and shall be expeditiously forwarded through official channels to Headquarters (Operations). The receiving Headquarters unit shall forward a copy of the report to the U.S. Department of State. Reports involving United Nations personnel should be directed to United States Mission to the United Nations [799 U.N. Plaza, New Yor
k 10017]; reports involving other A or G personnel should be directed to the Department of State [Visa Office, Diplomatic Liaison Division, CA/VO/P/D, Washington, D.C. 20522-0113].
The report should include, but is not necessarily limited to, as much of the following information as is available: the case officer's name, title, duty office, and phone number; the alien's name, date of birth, place of birth, A-number, I-94 number, social security number, Department of State personnel identification number (PID), if known; the name of the principal alien, his/her official title, the international organization, mission, etc., which employs him/her, his or her Department of State PID, if kn
own; whether the alien ceased working after being notified that the employment was unauthorized; the job the alien was performing, hours per week worked, length of employment, salary and other compensation received; whether social security, income taxes and other applicable taxes are or were being withheld; whether any fraudulent documentation was used to obtain the employment. Additionally, copies of any documentation relating to the unauthorized employment should be attached to the report.
The report shall also indicate whether the incident appears to be isolated or part of pattern. Indicators of a pattern include, but are not limited to: the alien has a history of unauthorized employment; other members of the alien's family are employed without authorization; aliens who can be identified with the same international organization, mission, etc. are found to be engaged in unauthorized employment; or the employer has a history of employing unauthorized aliens.
A copy of the report, all relating correspondence and supporting documentation shall be housed in the A-file.
Department of State Determination
If the Department of State notifies
in writing that it no longer recognizes the alien as entitled to A or G classification and cancels the visa,
may initiate appropriate action on the basis of the unauthorized employment. If the Department of State notifies
in writing that it continues to recognize the alien as entitled to A or G classification, then
is precluded from taking action against the alien as long as he/she remains in status. In either instance, the Department of State's written reply shall be housed in the A-file.
Notification to the Field
Upon receiving the Department of State's decision, the receiving Headquarters unit will expeditiously notify the region having jurisdiction and originating office of the decision and forward a copy of the report.
Field Office Action
The originating field office will take appropriate action in accordance with the Department of State's determination.
Employer Sanctions Not Affected
These instructions shall in no way be construed as discouraging or preventing
USCIS or ICE
from taking appropriate action against the alien's employer under section 274A of the Act and 8 CFR 274a.
The Effect of Violations
Alien in A-1, A-2, G-1, G-2, G-3, or G-4 Classification Applying for a Change of Nonimmigrant Classification
An alien in A-1, A-2, G-1, G-2, G-3, or G-4 classification who engages in unauthorized employment may be allowed to continue in that classification based on recognition by the Department of State.
USCIS and ICE
hold that such recognition and continuation in classification does not eliminate the fact that the alien has violated status under 8 CFR 214.1(e). Therefore, an application for change of nonimmigrant classification under section 248 of the Act filed by an A-1, A-2, G-1,G-2, G-3, or G-4 who is/was engaging in unauthorized employment is deniable based on his/her violation of status.
Alien in A-1, A-2, G-1, G-2, G-3 or G-4 Classification Applying for Adjustment of Status
An A-1, A-2, G-1, G-2, G-3 or G-4 alien who has engaged in unauthorized employment and who applies for adjustment of status under section 245 of the Act is subject to section 245(c) of the Act, pursuant to 8 CFR 214.1(e).
G-4s Adjusting as Special Immigrants
The provisions of section 245(c) of the Act do not apply to G-4s who are adjusting status as special immigrants under section 101(a)(27)(I) of the Act [see P.L.100-525 effective October 24, 1988].
Alien in Violation of Status Other than G Status, Applying for G Status
A change of nonimmigrant status to G requires a favorable recommendation from the Department of State. When a nonimmigrant who has violated status applies for G status, the adjudicator shall consider: the nonimmigrant's immigration history, the nature and length of the violation, the position being offered, the level of Department of State interest, and whether the Department of State knew the nonimmigrant was in violation of status when it made its recommendation. Clarification on the last three points may
be obtained from the Department of State. Consultation with the Department of State is required prior to denying a case in which State has made a favorable recommendation.
Alien in A-3 or G-5 Classification
An A-3 or G-5 does not have the protection of other A and G aliens. Therefore, any violation of status subjects an A-3 or G-5 to
USCIS or ICE
action without referral to the Department of State.
Other Reportable Incidents
Service officers shall use the procedures described above as guidelines when they encounter an A-1, A-2, G-1, G-2, G-3 or G-4 nonimmigrant involved in other activities which would make him/her liable to deportation were it not for the diplomatic protection afforded him/her. When the activity involves a crime involving moral turpitude, a felony-level offense, or an offense involving controlled substances, telephonic notification to Headquarters (Operations) through channels shall also be made. While diplomat
ic immunity may preclude prosecution and removal proceedings, the reporting procedure will provide the Department of State with the information to decide whether or not to cancel the offender's visa and/or file a protest with the diplomatic mission or international organization regarding the offense.