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Strike Violation


8 CFR 214.2(O)(14)(iii)(C)


Summary

An O Visa holder will not be deported for participating in a strike at their employment.

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;
(iii) If the alien has already commenced employment in the United States under an approved petition and is participating in a strike or labor dispute involving a work stoppage of workers, whether or not such strike or other labor dispute has been certified by the Secretary of Labor, the alien shall not be deemed to be failing to maintain his or her status solely on account of past, present, or future participation in a strike or other labor dispute involving a work stoppage of workers but is subject to the following terms and conditions:

Law Text

(C) Although participation by an O nonimmigrant alien in a strike or other labor dispute involving a work stoppage of workers will not constitute a ground for deportation, and 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 deportation. 8 CFR 214.2(O)(14)(iii)(C).

Related Caselaw

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