Judges' Benchbook: Alien Labor Certification

Office of Administrative Law Judges
United States Department of Labor

Second Edition - May 1992

CHAPTER 28 - SUPPLEMENT

Supplement current through January 1997

STATUS OF EMPLOYER

I. Regulatory requirement that job opportunity and area of intended employment remain unchanged

no new cases

II. Change in employers

A. When a new application is required

The Alien was planning to sell his restaurant of which he was also chef, and applied for certification for the position of chef. The Board remanded the case on other grounds but with instructions to the CO to determine whether, because the restaurant had a new president whose hiring plans may not include hiring a new chef, a firm job offer remains in effect. The Board expressed concern that this situation might be tantamount to a new ownership situation whereby the same job would not be preserved. See International Contractors, Inc. & Technical Programming Services, Inc. , 89-INA-278 (June 13, 1990). Germania Club, Inc. , 94-INA-391 (May 25, 1995).

B. Contracting alien's services to other companies

1. Permissibility of arrangement

no new cases

2. Transfer of the contract

no new cases

C. Successor company

no new cases