Interim Decision #1758 

MATITIZ OF TUCKER 

In Deportation Proceedings 

A-17455405 

Decided by Board July 25, 1967 

Respondent, who after arrival in tue United States was not employed as a maid 

or domestic for which employment she had been issued prior to entry a labor 

certification under section 212(a) (14), Immigration and Nationality Act, as 

amended, but. who obtained immediate employment as a sewing machine 

operator, the type Or work sne was doing before arrival, is deportable under 

section 241(a) (1) of the Act as one excludable at entry for lack of a valid 

labor certification. 

()seam: 

Order: Act of 1952—Section 241(a) (1) [8 U.S.C. 1251(a) (1)]—Excludable 

at time of entry—No due certification by Secretary of 

Labor as required by section 212(a) (14) of the Act. 

The special inquiry officer in a decision dated April 26, 1967 found 

the respondent subject to deportation on the charge designated above 

but granted her application requesting that she be permitted to depart 

voluntarily from the United States in lieu of deportation and directed 

that if she failed to depart withinthe time and under the conditions 

set by the District Director, the privilege of voluntary departure be 

withdrawn and she be deported 'from the United States to Jamaica, 

West Indies,-the country of her nativity and citizenship, on the charge 

set forth in the order to show cause. The case has been certified to the 

Board for final decision in accordance with the applicable regulations. The respondent, a 37-year-old married female, native and citizen of Jamaica, West Indies, has resided continuously in the United 

States since her admission for permanent residence at Miami, Florida 

on December 11, 1966, at which time she had in her possession and 

presented for inspection special immigrant visa, classification SA-1, 

issued in her name by the United States Vice Consul at Kingston, 

Jamaica on November 25, 1966 valid until March 24, 1967. The visa 

bears the notation that the respondent was in possession of valid Passport No. 21517 issued in her name by the Minister of External Affairs 

328 
Interim Decision #1758 

in Kingston, Jamaica, the validity of said passport expiring on 

May 20,1968. 

Deportation proceedings were instituted against the respondent on 

April 5, 1967. A hearing in deportation proceedings was held at Boston, 

Massachusetts on April 26, 1967 at which time the respondent was advised of her right to be represented by counsel or other person of her 

Choice. When asked what she wished to do she replied, "I would like 

to continue with the hearing." The special inquiry officer then inquired 

if she desired to proceed without a lawyer and she replied, "Yes." 

(p. 1) The respondent admitted the truth of the eight allegations set 

forth in the order to show cause. On examination of the record we find 

the respondent was admitted to the United States for permanent residence as a special immigrant, born in an independent country of the 

Western Hemisphere; that she was in possession of a labor certification attached to an immigrant visa issued by a lawful representative 

of the United States Secretary of Labor certifying her for employment in the home of one Mrs. Bernard H. Cole in Newton Center, 

Massachusetts. The respondent since her admission to the United 

States on December 11, 1986 has never been employed in the home of 

Mrs. Bernard H. Cole. The record shows that since December 19, 

1966 she has been gainfully employed as a. sewing machine operator 

by G. T., Inc. in Roxbury, Massachusetts at a salary of $70 per week. 

The record reflects that the Secretary of Labor or his authorized delegate has never accorded the respondent a labor certification for employment as a sewing machine operator in the United States. 

The respondent in her application for alien employment certification (Part I—Statement of Qualifications of Alien (ES-275A)) certified on January 24, 1966 she was living with her husband in Jamaica., 

West Indies; that she was seeking employment as a stitcher or telephone operator. The respondent in describing her qualifications and 

skills declared that she had been issued a. telephone operating certificate and was also proficient in the use of a sewing machine. She certified she was then employed by Aly's Ltd., R. Hanna and Sons Ltd. in 

Kingston, Jamaica, West Indies; that she was then employed as a 

stitcher and had been so employed since 1965. Mrs. Bernard Cole in 

her application for alien employment certification (Part II—Job Offer 

for Alien Employment (ES-575B)) which was subscribed and sworn 

to by her on April 21, 1966 stated she was a homemaker living in Newton Center, Massachusetts. The affiant in answering question 7 of Part 

II of Application for Alien Employment Certification deposed that 

the respondent would work at her address in Newton Center, Massachusetts; that the employment offered was neither seasonal nor temporary. Mrs. Cole further deposed she was seeking the respondent's serv329 
Interim. Decision #1758 

ices to fill an existing vacancy in her home and that she expected to 

employ the respondent indefinitely. Mrs. Cole in answering question 

20 of the above application for alien employment certification stated 

that she intended to file a petition (Form 1-140) with the Immigration and Naturalization Service for admission of the alien as a preference immigrant.; that the nature of the job offered the respondent was 

general maid and she would receive a weekly stipend of $45 for a daily 

work schedule of eight hours. 

The respondent in executing Foreign Service Form-510 in connection with her application for an immigrant visa and alien registration 

which was subscribed and sworn to by her before the United States 

Consular officer at Kingston, Jamaica on November 25, 1966, deposed 

her present occupation was a dressmaker and telephone operator; that 

her purpose in coming to the United States was to be a companion to 

her aunt, one Mrs. Christine Anderson, a widow living alone at 17 

Kensington Street, Roxbury, Massachusetts_ The respondent further 

deposed that her final address in the United States would be 17 Kensington Street, Roxbury, Massachusetts. The respondent declared she 

had previously been in the United States as a nonimmigrant visitor 

from November 1961 until May 4, 1962 and from July 1963 to August 

7, 1964; that on the latter occasion her husband was also admitted to 

the United States with her as a nonimmigrant visitor. The alien employment certification subscribed and sworn to and submitted for 

consideration by Mrs. BernardIl. Cole on April 21, 1966, was certified 

by an authorized represontative of the United States Department of 

Labor on June 8, 1066. The respondent did not apply for an immigrant 

visa with which to enter the United States until November 25, 1966. 

The record clearly shows that the respondent was never employed in 

the household of Mrs. Bernard H. Cole after admission to the United 

States on December 11, 1966. 

The respondent in an affidavit subscribed and sworn to before an 

officer of the Service at Boston, Massachusetts on March 29, 1967 

deposed that she obtained a work certification and clearance to work 

for Mrs. Bernard H. Cole, 138 Cedar Street, Newton Center, Massachusetts; that after admission to the United States for permanent 

residence on December 11, 1966 she went to the home of Mrs. Cole on 

Saturday, December 17, 1966 at which time Mrs. Cole advised her that 

she had a girl from Haiti and did not have any immediate use for the 

respondent's services. The respondent declared that Mrs. Cole said she 

could possibly place the respondent in the home of a friend of hers at 

a salary of $45 per week. On the following day, Sunday, December 18, 

1966, the respondent examined the Sunday newspapers looking for a 

position and on December 19, 1966 she obtained employment as a sew330 
Interim Decision #1758 

ing machine operator at the G & T, Inc. in Boston, Massachusetts at a 

salary of $70 per week. In this connection it is noted that the respondent in her application for alien employment certification (Part II) 

certified on January 24, 1966 that she was then employed as a stitcher 

and machine operator by a company in Kingston, Jamaica. The evidence establishing that the respondent is subject to deportation under 

the provisions of section 241(a) (1) of the Immigration and Nationality Act, in that, at the time of entry she was within one or more of 

the classes of aliens excludable by the law existing at the time of such 

entry, to wit, aliens who are seeking to enter the United States for the 

purpose of performing skilled or unskilled labor and in whose cases 

the Secretary of Labor has not made a certification as provided in section 232 (a) (14) of the Immigration and Nationality Ant, as amended, 

is clear, unequivocal and convincing. The respondent is subject to 

deportation on the charge designated above. 

In the instant case the respondent after arrival in the United States 

on December 11, 1966 was not employed as a maid or domestic for 

which she was granted a certification by the United States Secretary 

of Labor on June 8, 1966. One week after her arrival in the United 

States on December 11, 1966, the respondent appeared at the home of 

her prospective employer, Mrs. Bernard H. Cole, at 138 Cedar Street, 

Newton Center, Massachusetts at which time Mrs. Cole informed her 

that she had no need for her services. 1 

Upon full consideration of all the evidence present in this record, 

the decision of the special inquiry officer will be affirmed. For the 

reasons hereinbefore set forth, the following order will be entered. 

ORDER: It is ordered that the order entered by the special inquiry 

officer on April 26, 1967 granting the respondent permission to depart 

voluntarily from the United States under such conditions as may be 

imposed by the District Director and further ordering that she be 

deported to Jamaica, West Indies on the charge contained in the 

order to show cause if she fails to depart when and as required, be 

and the same is hereby approved. 

Mrs. Bernard-8. Celle in an affidavit subscribed and sworn to before an officer of the Service on April 17, 1967 deposed that she had made five or six applications for alien employment certification. Mrs. Cole stated she did not require 

the services of the five or six domestics for whom she submitted applications 

foi labor emPloyMent certification but that she executed these applications to 

help the aliens and her friends who needed domestic help. Mrs. Cole deposed that 

she was never interested in having the respondent herein as an employee 

(p. 8, Ex. 4) . 

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