# 8 C.F.R. § 1212.8 (2026): Certification requirement of section 212(a)(14) > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_8 ## Section - **Citation:** 8 C.F.R. § 1212.8 (2026) - **Heading:** Certification requirement of section 212(a)(14) - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 8 CFR: Aliens and Nationality / Chapter V: EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE / Part 1212: DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS › WAIVERS › ADMISSION OF CERTAIN INADMISSIBLE ALIENS › PAROLE / § 1212.8: § 1212.8 Certification requirement of section 212(a)(14). ## Text (a) General. The certification requirement of section 212(a)(14) of the Act applies to aliens seeking admission to the United States or adjustment of status under section 245 of the Act for the purpose of performing skilled or unskilled labor, who are preference immigrants as described in section 203(a) (3) or (6) of the Act, or who are nonpreference immigrants as described in section 203(a)(8). The certification requirement shall not be applicable to a nonpreference applicant for admission to the United States or to a nonpreference applicant for adjustment of status under section 245 who establishes that he will not perform skilled or unskilled labor. A native of the Western Hemisphere who established a priority date with a consular officer prior to January 1, 1977 and who was found to be entitled to an exemption from the labor certification requirement of section 212(a)(14) of the Act under the law in effect prior to January 1, 1977 as the parent, spouse or child of a United States citizen or lawful permanent resident alien shall continue to be exempt from that requirement for so long as the relationship upon which the exemption is based continues to exist. (b) Aliens not required to obtain labor certifications. The following persons are not considered to be within the purview of section 212(a)(14) of the Act and do not require a labor certification: (1) A member of the Armed Forces of the United States; (2) a spouse or child accompanying or following to join his spouse or parent who either has a labor certification or is a nondependent alien who does not require such a certification; (3) a female alien who intends to marry a citizen or alien lawful permanent resident of the United States, who establishes satisfactorily that she does not intend to seek employment in the United States and whose fiance has guaranteed her support; (4) an alien who establishes on Form I-526 that he has invested, or is actively in the process of investing, capital totaling at least $40,000 in an enterprise in the United States of wh marry a citizen or alien lawful permanent resident of the United States, who establishes satisfactorily that she does not intend to seek employment in the United States and whose fiance has guaranteed her support; (4) an alien who establishes on Form I-526 that he has invested, or is actively in the process of investing, capital totaling at least $40,000 in an enterprise in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States of which he will be a principal manager and that the enterprise will employ a person or persons in the United States who are United States citizens or aliens lawfully admitted for permanent residence, exclusive of the alien, his spouse and children. A copy of a document submitted in support of Form I-526 may be accepted though unaccompanied by the original, if the copy bears a certification by an attorney, typed or rubber-stamped in the language set forth in § 204.2(j) of 8 CFR chapter I. However, the original document shall be submitted, if submittal is requested by the Service. [31 FR 10021, July 23, 1966; 31 FR 10355, Aug. 22, 1966, as amended at 34 FR 5326, Mar. 18, 1969; 38 FR 31166, Nov. 12, 1973; 41 FR 37566, Sept. 7, 1976; 41 FR 55850, Dec. 23, 1976; 47 FR 44990, Oct. 13, 1982; 48 FR 19157, Apr. 28, 1983] ## Nearby sections - [8 C.F.R. § 1212.1 (2026) § 1212.1 Documentary requirements for nonimmigrants.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_1.md) - [8 C.F.R. § 1212.2 (2026) § 1212.2 Consent to reapply for admission after deportation, removal or departure at Government expense.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_2.md) - [8 C.F.R. § 1212.3 (2026) § 1212.3 Application for the exercise of discretion under former section 212(c).](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_3.md) - [8 C.F.R. § 1212.4 (2026) § 1212.4 Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3).](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_4.md) - [8 C.F.R. § 1212.5 (2026) § 1212.5 Parole of aliens into the United States.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_5.md) - [8 C.F.R. § 1212.6 (2026) § 1212.6 Border crossing identification cards.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_6.md) - [8 C.F.R. § 1212.7 (2026) § 1212.7 Waiver of certain grounds of inadmissibility.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_7.md) - [8 C.F.R. § 1212.8 (2026) § 1212.8 Certification requirement of section 212(a)(14).](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_8.md) - [8 C.F.R. § 1212.9 (2026) § 1212.9 Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_9.md) - [8 C.F.R. § 1212.10 (2026) § 1212.10 Section 212(k) waiver.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_10.md) - [8 C.F.R. § 1212.11 (2026) § 1212.11 Controlled substance convictions.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_11.md) - [8 C.F.R. § 1212.12 (2026) § 1212.12 Parole determinations and revocations respecting Mariel Cubans.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_12.md) - [8 C.F.R. § 1212.13 (2026) § 1212.13 Severability.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_13.md) - [8 C.F.R. § 1212.14 (2026) § 1212.14 Parole determinations for alien witnesses and informants for whom a law enforcement authority (“LEA”) will request S classification.](https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T8_P1212_S1212_8. Check the current official text before relying on it. Not legal advice.