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Strike Suspension


8 CFR 214.2(O)(14)(i)(B)


Summary

If an application has been approved, but between the time or approval and the start of work, the employees at the intended place of employment have gone on strike, then the approval is put on hold, and a visa based on the approval will not be granted.

Pre-Amble

[8 CFR 214.2] Special requirements for admission, extension, and maintenance of status;
(o) Aliens of extraordinary ability or achievement;
(14) Effect of a strike;
(i) If the Secretary of Labor certifies to the Commissioner that a strike or other labor dispute involving a work stoppage of workers is in progress in the occupation at the place where the beneficiary is to be employed, and that the employment of the beneficiary would adversely affect the wages and working conditions of U.S. citizens and lawful resident workers:

Law Text

(B) If a petition has been approved, but the alien has not yet entered the United States, or has entered the United States but has not commenced employment, the approval of the petition is automatically suspended, and the application for admission on the basis of the petition shall be denied. 8 CFR 214.2(O)(14)(i)(B).

Related Caselaw

o-1 visa lawyer    None.