[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274a.7]

[Page 677]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS--Table of Contents
 
                    Subpart A--Employer Requirements
 
Sec. 274a.7  Pre-enactment provisions for employees hired prior to November 7, 1986.

    (a) The penalty provisions set forth in section 274A (e) and (f) of 
the Act for violations of sections 274A(a)(1)(B) and 274A(a)(2) of the 
Act shall not apply to employees who were hired prior to November 7, 
1986, and who are continuing in their employment and have a reasonable 
expectation of employment at all times (as set forth in 
Sec. 274a.2(b)(1)(viii)), except those individuals described in section 
274a.2 (b)(1)(viii)(A)(7)(iii) and (b)(1)(viii)(A)(8).
    (b) For purposes of this section, an employee who was hired prior to 
November 7, 1986 shall lose his or her pre-enactment status if the 
employee:
    (1) Quits; or
    (2) Is terminated by the employer; the term termination shall 
include, but is not limited to, situations in which an employee is 
subject to seasonal employment; or
    (3) Is excluded or deported from the United States or departs the 
United States under a grant of voluntary departure; or
    (4) Is no longer continuing his or her employment (or does not have 
a reasonable expectation of employment at all times) as set forth in 
Sec. 274a.2(b)(1)(viii).

[52 FR 16221, May 1, 1987, as amended at 53 FR 8613, Mar. 16, 1988; 55 
FR 25935, June 25, 1990; 56 FR 41786, Aug. 23, 1991]