Interim Decision #1764 

Mawr= or Brovr 

In Section 245 Proceedings 

A-12083668 

Decided by District Director May 86,1967 

An applicant for adjustment of status pursuant to section 245 of the Immigra• 

Pion and Nationality Act, as amended, who is a nonpreference immigrant 

alien who is an employee of a foreign embassy in the United States (section 

101(a) (15) (A) (ii) of the Act) and who intends to continue such employment, 

is subject to the labor certification requirement of section 212(a) (14) of the 

Act. 

The applicant is a 65-year-old widow, a native of England and 

citizen of Canada, who was admitted to the United States as a temporary visitor on June 4, 1960. After admission her nonhrunigrant 

status was changed to that of an employee of a foreign government 

under seetion. 101 (a.) (15) (A) (ii) of the Immigration and Nationality 

Act. From July 1960 to April 1962, she was employed as a clerk-typist 

by the British Embassy, Washington, D.C., and since that time she 

has been employed in the same capacity by the Canadian Embassy, 

Washington, D.C. She has applied for permanent residence status 

under section 245 of the Act as a nonpreference immigrant alien. No 

certification under section 212(a) (14) of the Act was submitted with 

the application. Nevertheless, the application was accepted pending a 

determination as to whether she was exempt from the requirements 

of that section on the basis of her foreign government employee 

status, which she expected to continue. 

Among the classes of aliens who are excludable from admission to 

the United States is the class of aliens described in section 212(a) (14), 

as amended by the Act of October 3, 1965, which reads in pertinent 

part: "Aliens seeking to enter the United States, for the purpose of 

performing skilled or unskilled labor, unless the Secretary of Labor 

has determined and certified to the Secretary of State and to the Attorney General that (A) there are not sufficient workers in the United 

States who are able, willing, qualified, and available at the time of application for a visa and admission to the United states and at the 

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Interim Decision #1764 

place to which the alien is destined to perform such skilled or =- 

skilled labor, and (B) the employment of such aliens will not adversely affect the wages and working conditions of the workers in. the 

United States similarly employed. The exclusion of aliens under this 

paragraph shall apply to . . . nonpreference immigrant aliens described in section 203 (s) (8)." 

The Act fails to exempt specifically from the labor certification 

requirement those persons who are employed by foreign governments. 

However, in view of the limited locale of most such employment, the 

fact that salary and working conditions are not normally related to 

similar jabs in industry, even in the same general area, and that often 

the prospective employee must have the nationality of the employing 

government or at least not be a. citizen of the United States, the question of the applicability of section 212(a) (14) to aliens seeking status 

as lawful permanent residents for the purpose of engaging or continuing such employment was presented to the Department of Labor 

for consideration. 

Noting that such aliens may continue to engage in the work in question as nonimmigrant aliens and after full consideration of the factors 

involved, the Administrator of the Bureau of Employment Security 

of the Department of Labor advised that the certification requirements 

should aptly to employees of embassies seeking permanent residence 

status. We agree. 

Subsequently, on April 19, 1967, an appropriate certification by 

the Department of Labor covering the position was issued. The applicant has complied with the requirements of section 212(a) (14). She 

has also filed a written waiver, pursuant to section 247 (b) of the Act 

and as required by section 245.1(c), Title 8, Code of Federal Regulations, of the rights, privileges, exemptions and immunities which 

would otherwise accrue to her by reason of her employment by a 

foreign government. She has been found to be admissible to the United 

States for permanent residence and eligible in every respect to receive 

an immigrant visa. Such a visa is immediately available. It is concluded that the applicant is eligible, statutorily and as a matter of 

discretion, for the status which she seeks. 

ORDER: It is ordered that the application for status as a permanent resident be and the same is hereby granted. 

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