Strike Denial

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


If an applicant is coming to work for an employer whose employees are currently on strike, and the applicants employment would disrupt that strike, the application must be denied.


[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

(A) A petition to classify an alien as a nonimmigrant as defined in section 101(a)(15)(O) of the Act shall be denied. 8 CFR 214.2(O)(14)(i)(A).

Related Caselaw

o-1 visa lawyer    None.