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41.0303 Allocation of registration receipt cards.

Cite as [A.S.C.A. § 41.0303]

(a) Categories of preference priorities. Aliens who are subject to the numerical limitations specified in 41.0301 shall be allotted registration cards as follows:

(1) in a number not to exceed 20 percent of the number specified in 41.0301 to qualified aliens who are unmarried sons or daughters of American Samoan or United States citizens;

(2) next in a number not to exceed 20 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes not specified in paragraph (1), who are the spouses, unmarried sons, or unmarried daughters of a person lawfully admitted to American Samoa as a permanent resident;

(3) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) and (2) to qualified brothers and sisters of American Samoans provided such American Samoans are at least 21 years old;

(4) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) through (3), to qualified aliens who are members of the professions or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the economy, cultural interests, or welfare of American Samoa and whose services in the professions, sciences, or arts are sought by an employer in American Samoa; and “professions” shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries;

(5) next in a number not to exceed 24 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraph (1) through (4), to qualified persons who are capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in American Samoa;

(6) next in a number not to exceed 10 percent of the number specified in 41.0301, plus any registration receipt cards not required for the classes specified in paragraphs (1) through (5), to qualified persons who are the married sons or married daughters of American Samoans;

(7) any additional registration receipt cards shall be made available by the Attorney General, pursuant to any regulations as he may prescribe and in a number not to exceed 6 percent of the number specified in 41.0301; and

(8) registration receipt cards authorized in any fiscal year less those required for issuance to the classes specified in paragraphs (1) through (6), and less the number made available pursuant to paragraph (7), shall be made available to other qualified persons strictly in the order in which they qualify. Waiting lists of applicants shall be maintained in accordance with regulations prescribed by the Attorney General.

(9) A spouse or child as defined in this section shall, if not otherwise entitled to a registration receipt card under paragraphs (1) through (8), be entitled to the same status, and the same order of consideration provided in subsection (b), if accompanying, or following to join, his spouse or parent.

(b) Order of consideration given applicants. In considering applications for registration receipt cards under subsection (a), consideration shall be given to applicants in the order in which the classes of which they are members are listed in subsection (a).

(c) Order of issuance cards. Registration receipt cards issued pursuant to paragraphs (1) through (6) of subsection (a) shall be issued to eligible persons in the order in which an application for registration in behalf of each such person is filed with the Attorney General as provided in this chapter.

(d) Presumption of nonpreference status. Every application for a registration receipt card shall be presumed to be a nonpreference applicant until he establishes to the satisfaction of the immigration officer that he is entitled to a preference status under paragraphs (1) through (7) of subsection (a) or that he is an immediate relative of an American Samoan as specified in 41.0301(b).

History: 1984, PL 18-52 § 2.

Reviser’s Comment:

Section 7 of PL 18-52, 1984, provides that the numerical limitations in this section shall not be imposed until 1 January 1985.