\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 31 Petitions for Temporary Workers (H Classifications). \ 31.8 Strikes or Lockouts Involving H Petition Beneficiaries.
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31.8 Strikes or Lockouts Involving H Petition Beneficiaries.
If a strike or other labor dispute certified by the Secretary of Labor involving a work stoppage of workers is in progress in the occupation and at the place where the beneficiary is or will be employed or trained, and if the employment or training of the beneficiary would adversely affect the wages and working conditions of United States citizens and lawful resident workers, the following rules apply:
(1) A petition to classify an alien as an H nonimmigrant shall be denied.
(2) If the petition has already been approved, but the alien has not yet entered the United States, the approval of the petition is automatically suspended, and the application for admission on the basis of the petition shall be denied. Notify the consular officer or port of entry to which the approved petition was sent. The notification to the consular officer shall request deferral of visa issuance, or revocation of the visa if already issued. The notification to the port of entry shall request action to
place the alien in removal proceedings, permit withdrawal or defer inspection, as appropriate.
(3) If the alien has already commenced employment in the United States under an approved petition and is participating in a strike or other labor dispute involving a work stoppage of workers, whether or not such strike or other labor dispute has been certified by the Department of Labor, the alien shall not be deemed to be failing to maintain his or her status solely on account of dispute involving a work stoppage of workers. However, the alien is subject to the following terms and conditions:
The alien shall remain subject to all applicable provisions of the Immigration and Nationality Act, and regulations promulgated in the same manner as all other H nonimmigrants;
The status and authorized period of stay of such an alien is not modified or extended in any way by virtue of his of her participation in a strike or other labor dispute involving a work stoppage of workers; and
Any alien who violates his or her status or who remains in the United States after his or her authorized period of stay has expired will be subject to removal proceedings.