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B-133001 1 (1975-12-02)

handle is hein.gao/gaobadcra0001 and id is 1 raw text is: -1 01,LER 0 aP C THE COMPTFk..JLLER G3ENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-133001 DATE: DEC 2 1975 MATTER OF: South Vietnamese refugee employment DIGEST: (1) Exception in appropriation act providing that aliens from South Vietnam lawfully admitted to U.S. for permanent residence may be employed by Government does not permit such employment of such refugees who are paroled into U.S. under Attorney General's dis- cretionary authority. Parole does not constitute lawful admission for permanent residence under immigra- tion laws. (2) South Vietnamese refugees, paroled into U.S. under Attorney General's discretionary authority, whose status is adjusted to tha* of being lawfully admitted for permanent residence, under 8 U.S.C. 5 1255, may be employed by Government pursuant to section 602 of Pub. L. No. 94-91, which permits such employment for aliens fron South Vietnam lawfully admitted to the United States for permanent residence. This decision is to the Secretary of State in response to a letter of September 26, 1975, from Mr. John Thomas, Assistant Secretary for Administration, requesting our views concerning the employment of South Vietnamese refugees by the United States Government. Several agencies, including the State Department, have apparently curtailed the hiring of South Vietnamese refugees because of uncertainty regarding the legality of such employment. For example, the Public Health Service has deferred the employment of two South Vietnamese doctors in Arkansas, even though medical services are in short supply there. Section 602 of Pub. L. No. 94-91, 89 Stat. 441, 458,approved August 9, 1975, providing for appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, provides as follows: Sec. 602. Unless otherwise specified and during the current fiscal year, and the period July 1, 1976, through September 30, 1976, no part of any appropriation contained in this or any other Act shall be used to pay the compensation - 1 -

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