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View Diary: No amnesty for Arnold, he's an "illegal alien" (128 comments)

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  •  Not correct on the B-1. (1+ / 0-)
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    Yes, you can't get a salary, but it's not for a "select group" of anything.  A B-1 is an ordinary business visa.  245,816 of them were issued in fiscal year 2005.

    The applicable portion of the Immigration and Nationality Act states that a person on such a visa must be: "an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business[.]"  See Immigration and Nationality Act Section 101(a)(15)(B).

    Under this definition, if Schwarzenegger did indeed get a weekly salary of $200 per week, he was in violation of the applicable legal provisions.  Unfortunately, the statute of limitations has run for any kind of criminal violation.

    This, of course, does not address the ethical issue, which, in politics, is far more important.

    The last time people listened to a talking bush, they wandered 40 years in the desert.

    by DC Pol Sci on Sun Apr 23, 2006 at 04:32:21 PM PDT

    •  I think it comes down to what grounds he stated (1+ / 0-)
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      DC Pol Sci

      in his visa application. Under current law there are three general classes of athletic b-1's issued (see textbox), none of which would have applied to Arnolds situation.

      B-1 Visitors for Business - Specifically Permitted Activities Listed in the IFM
      IFM 15.4(b)(1)

      A professional athlete, such as a golfer or tennis player, who receives no salary or payment other than prize money for his or her participation in a tournament or sporting event;  

      An athlete or team member who seeks to enter the U.S. as a member of a foreign-based team in order to compete with another sports team (provided: the foreign athlete and the foreign sports team have their principal place of business or activity in a foreign country; the income of the foreign based team and the salary of its players are principally accrued in a foreign country; and the foreign based sports team is a member of an international sports league or the sporting activities involved have an international dimension);  

      An amateur team sports player who is asked to join a professional team during the course of the regular professional season or playoffs for brief try-outs (The teams may provide only for such expenses as round-trip fare, hotel room, meals, and other try-out transportation costs);

      I believe if we looked at the law as of 1968 when Arnold applied there may have been a class for "Olympic" amateurs. Before the waving of the strict amateur rules by the olympics, when athletes could receive no compensation whatsoever.

      My guess would be that those kind of athletes would be allowed to enter to train or compete under b-1 visas as long as they did not work .. my bet is that is what the they are referring to as a "select group" , and my next guess would be that's the provision Arnold entered under.

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