Thursday, February 9th, 2017

OLC Legal Opinions Related to Immigration

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NONIMMIGRANT ALIENS AND FIREARMS DISABILITIES UNDER THE GUN CONTROL ACT - The prohibition in 18 U.S.C. § 922(g)(5)(B) applies only to nonimmigrant aliens who must have visas to be admitted to the United States, not to all aliens with nonimmigrant status. The text of the statute forecloses the interpretation advanced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in an interim final rule applying section 922(g)(5)(B) to all nonimmigrant aliens. - October 28, 2011.

PAYMENT OF BACK WAGES TO ALIEN PHYSICIANS HIRED UNDER H-1B VISA PROGRAM - The statute authorizing the H-1B visa program does not waive the federal Government’s sovereign immunity. Therefore, an administrative award of back wages to alien physicians hired by the Department of Veterans Affairs under the program is barred by sovereign immunity