Interim Decision #1832

Interim Decision #1832

MATTER OF PACO

In Exclusion Proceedings

A-17243619

Decided by Board January 10, 1968

Withdrawal, prior to an alien's application for admission to the United States,

of the job offer on which a labor certification was issued to her, renders the

alien inadmissible under section 212(a) (14) of the Immigration and Nationality Act, as amended.

EXCLUDABLE • Act of 1952—Section 212(a) (14) [8 U.S.C. 1182(a) (14)1—Enter-

ing to perform labor—No valid Labor Department

certification.

The decision of a special inquiry officer of August 24, 1967 excluding applicant from admission to the United States has been certified

to us forfinal decision by the District Director, Phoenix, Arizona.

Applicant, a 31-year-old married female alien, a native and citizen

of Mexico, seeks admission to the United States to work and presented

a nonquota immigrant visa issued to her on May 19, 1967, by the

American Consul at Hermosillo, Sonora, Mexico. Applicant's admitted

reason for corning to the United States was to perform work. Attached

'to her TiSa, is an alien employment certification which shows that the

Bureau of Employment Security, United States Department of Labor

had certified her employment in the United States as required by section 212(a) (14) of the Immigration and Nationality Act. The sole

question presented is whether on 'the basis of these documents applicant

is entitled 'to enter the United States when information developed subsequent to the issuance of this said labor certification indicates that the

job offer on the basis of which the labor certification was issued had

been withdrawn. Does the fact that there is no job now available to applicant render the labor certification inoperative and thus forestall

her entitlement to the nonquota immigrant visa

We agree with the decision of a special inquiry officer that the withdrawal of the job offer prior to applicant's entry into the country

negated the labor certification. There is evidence in the record that the

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labor certification originally may have been obtained by certain misrepresentations made by a person acting on behalf of the prospective

employer, but we need not concern ourselves with this since the job

offer, whatever it was, has been withdrawn.

re is no error in refusing admission to The applicant to enter the

The

United States. The change in events, that is, the withdrawal of the job

offer, invalidates the previously issued labor certification and thus we

will affirm the decision of a special inquiry officer excluding applicant

from admission to the United States.

ORDER: It is ordered that the order of the special inquiry officer

that applicant be excluded and deported from the United States be

approved.

ADDENDUM

[Oral decision of special inquiry officer August 24, 1967]

Applicant is a 31-year-old married, female alien, a native and

citizen of Mexico, who seeks admission to the United States to work.

She has presented a nonquota immigrant visa issued to her on May 19,

1967, by the American Consul at Hermosillo, Sonora, Mexico (Exhibit No. 2). Attached to the said visa is a visa application in which the

applicant states that she was going to enter the United States to work

antl going to the home of George T. Vaught in Yuma, Arizona, and

that would be her permanent address in the United States. In Item

No. 31 (2) (d), the applicant states that she has an offer of work and

can work: Item No. 85 of the said visa application shows that one

Robert F. Wilson of 625-4th Avenue, Yuma, Arizona, assisted the applicant in its preparation.

Attached to the respondent's aforementioned visa application is an

application for alien employment certification, Part B, Job Offer

for Alien Employment, with signature thereon of the prospective

employer, George T. Vaught, dated January 24, 1967, and therein

the jurat showing that it was sworn to on the same date before

the aforementioned Robert F. Wilson, Notary Public, at Yuma, Arizona. The said application for alien employment certification bears the

stamp of the Regional Administrator, Bureau of Employment Security, dated February 6, 1967, showing that a determination was made

thereon as required by section 212(a) (14) of the Immigration and

Nationality 'Act, as amended, and it is stamped "certified", indicating

that it had been determined as to availability of workers in the United

States and that approval of applicant's job offer would have no adverse effect on wages and working conditions of workers in the United

States similarly situated. •

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The prospective employer, Mr. Vaught, testified herein today

that he was considering the employment for a temporary period only

of a part-time domestic and part-time chicken-helper in connection

with egg raising due to the very poor health of his wife, but that

his wife died on April 11, 1967, at which time he informed the notary

public aforementioned, Robert F. Wilson, that his wife had died and

he would no longer require this houseworker. Mr. Vaught identified

a letter dated May 1, 1967, bearing a notarial jurat of the same day

and testified that the only part of that letter which was true and correct is his signature thereon and that the job offer contained in the

body of the letter dated May 1, 1967, was not true and that there was

no job open at the time and he would not pay $35 per week and

the position would not be permanent. In other words, it appears from

Mr. Vaught's testimony today that the notary public, Mr. Wilson,

twisted the retraction of any offer of employment following the

prospective employer's wife's death to a job offer. Mr. Vaught, the

prospeCtive employer, further identified his signature on an affidavit

of support attached to the aforementioned job offer, and stated that

he was induced to sign it upon the assurance of the notary public,

Mr. Wilson, that it was all right for Mr. Vaught to sign it. Mr. Vaught

further stated that the net annual income stated in Item 4 (B of the

said affidavit of support) was not true and that the annual income

shown on the aforementioned application for certification also was

not true:

It clearly appears from Mr. Vaught's testimony herein that he

was induced to sign the aforementioned alien employment job offer

for certification and the attached offer dated May 1, 1967, and the

attached affidavit of support in blank by the notary public who

handled the preparation of the said documents and applicant's visa

application. Mr. Vaught further testified that he has only occasionally employed a domestic, about once every two weeks for several

hours to clean his home and do some ironing.

Mr. Vaught's testimony was confirmed by the applicant's testimony.

She frankly admitted that Mr. Vaught informed her that his wife was

very ill and he didn't have much work for her, and such Work that he

had would be only for about six months he thought. She further testified that she has never worked regularly and washes and sews for

her family, consisting of her husband and four children all of whom

are natives, citizens, and residents of Mexico, and that she occasionally

does this for relatives and acquaintances. Applicant further stated

that her husband on one occasion sought to emigrate to the United

States but his application was not granted.

Section 212(a) (14) of the Immigration and Nationality Act ex601

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eludes from admission into the United States any alien seeking to

enter for the purpose of performing skilled. or unskilled labor unless

the Secretary of Labor has determined and certified that there are not

sufficient workers in the United States, able, willing, qualified, and

available at the time of application for a visa and admission to the

United. States and at the plans to which the alien is destined to perform

such skilled or unskilled labor, and has further certified that the employment of such alien will not adversely affect wages and working

conditions of workers of the United States similarly employed.. The

said section specifically applies to special immigrants defined in section 101(a) 27(A) other than the parents, spouses, or children of

United States citizens or of aliens lawfully admitted to the United

States for permanent residence.

It must be concluded on the basis of the evidence herein that the

labor certificate attached to applicant's visa is not a valid labor certificate in that there is no job for the applicant to fill in accordance with

the certification made by the Bureau of Employment Security, Department of Labor, on the baths of the job offer submitted by the aforementioned notary public apparently on behalf of the prospective employer. The said prospective employer has pointed out a number of

misrepresentations in the job offer which vitiated it and invalidated

it. In any event, there is no job within the terms of the labor certificate

presently available to this applicant. Her application for admission

must be denied in that it is found that the applicant is presently inadmissible to the United States under the provisions aforementioned of

section 212(a) (14) of the Immigration and Nationality Act.

The foregoing discussion shall constitute my Findings of Fact and

Conclusion of Law herein.

ORDER: It is ordered that the applicant be excluded and deported

from the United States.

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