MATTES or C— 

Change in Nonimmigrant Status 

A-11808356 

Decided by Regional Commissioner July 21, 1959 

Approved by Assistant contra Deaember 4, 19.59 

Nonimmigrant—Change of status, section 248 of 1952 act—Not available to 

alien admitted as agricultural laborer. 

An alien who was admitted to the United States as an agricultural worker 

under the provisions of the Agricultural Act of 1949, as amended, not having 

acquired a nonimmigrant classification under section 101(a) (15) of the 

Immigration and Nationality Act, is ineligible for change of nonimmigrant 

status under section 24S of the act. 

BEFORE THE REGIONAL COMMISSIONER 

Discussion: This ease comes forward on appeal from th e district 

director's order denying the application for change in nonimmigrant 

status under section 248 of the Immigration and Nationality Act. 

The applicant is a 26-year-old married male, a native and citizen 

of Mexico. He was admitted to the United States on December 2, 

1957, at Calexico, California, as an agricultural worker for a temporary period expiring on January 13, 1958. Four extensions of 

authorized stay were granted, the last to expire on May 1, 1959. 

On May 5, 1959, the alien applied for change in nonimmigrant 

status under section 248 of the Immigration and Nationality Act. 

The change requested is from agricultural worker to industrial 

trainee. A petition on Form I-129B has been filed in behalf of 

the applicant to accord him industrial trainee classification under 

section 101(a) (15) (H) (iii) of the Immigration and Nationality 

Act. The record is silent on the disposition of the petition. 

The question to be resolved in this case is whether an alien 

who entered the United States as an agricultural worker under 

the Agricultural Act of 1949, as amended, can be granted a change 

in nonimmigrant status under section 948 of the Immigration and 

Nationality Act. 

The alien's identification card reveals that at the time of admission he was contracted to Imperial Valley Farmers' Association for 

employment as an agricultural worker under Public Law 78 in 

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Imperial, Riverside and San Diego Counties. Agricultural workers 

are admitted to the United States under those provisions of the 

regulations currently set forth in 8 CFR 214.2(k). 

Although an "agricultural worker" must be admissible under the 

general requirements of the Immigration and Nationality Act, the 

authority for his admission is found not in the Immigration and 

Nationality Act, but in Title V of the Agricultural Act of 1949, 

as amended (Public Law 78, 82d Cong., 1st Sess.). This conclusion is supported by the clear import of section 405(e) of the 

Immigration and Nationality Act, which states that the Act shall 

not be construed to "repeal, alter, or amend" Title V. 

Counsel for the alien contends that the purpose for which the 

applicant entered the United States meets the definition found in 

section 101(a) (15) (H) (ii) of the Immigration and Nationality Act 

since he was coming from his foreign residence to perform temporary labor in the United States, and as a result he is a nonimmigrant. In order to have the status of nonimmigrant under 

section 101(a) (15), an alien must be admitted to the United States 

as such and must present entry documents which are different from 

those required of agricultural workers. 

Not having complied with these admission requirements, the alien 

may not be considered as a nonimmigrant. 

Fur the leabUllS Stated above, the district director's order of 

denial will be affirmed. 

Order: It is ordered that the appeal be and the same is hereby 

dismissed and the order of the district director affirmed. 

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