Interim Decision #2768 

MATTER OF SUNOCO ENERGY DEVELOPMENT COMPANY 

In Visa Petition Proceedings 

A-21604541 

Decided by Regional Commissioner January 9, 1979 

(1) Petitioner sought classification of sixth-preference status for alien beneficiary on the 

basis of "skilled worker" under section 203(a)(6) of the Immigration and Nationality 

Act, 8 U.S.C. 1153(a)(6). The petition was accompanied by a labor certification issued 

on the basis of a job offer for a mining engineer (coal) at the White River Shale 

Project, Vernal, Utah. The qualifications of the beneficiary as a mining engineer were 

not contested; however, the alien was not employed at the Verual, Utah, project but at 

the petitioner's home office in Dallas, Texas. 20 C.F.R. 656.30(c)(2) qualifies a labor 

certification as being valid only for the particular job opportunity and for the area of 

intended employment stated on the application for the labor certification. Since the 

beneficiary was not employed at the lueutiou stated on the application, the certificate 

was invalid to support the petition for preference status. 

(2) Absent a valid labor certification, section 212(a)(14) of the Immigration and Nationality Act, 8 U.S.C. 1182(aX14), provides for exclusion of preference immigrant aliens 

described in section 203(a)(6) of the Immigration and Nationality Act, 8 U.S.C. 

1153(a)(6). 

ON BEHALF OF PETITIONER Patrick F. McGowan, Esquire 

1200 One Main Place 

Dallas, Texas 75250 

The petition was denied by the District Director, Dallas, Texas, and 

is now considered on appeal. 

The petitioner is a subsidiary of Sun Company, Inc., formerly Sun 

Oil Company. They are engaged in the exploration and production of 

new sources of energy. 

The petition to classify preference status of alien on basis of profession or occupation was fried by the petitioner to accord the beneficiary 

sixth-preference classification as a Mining Engineer (coal). The petition was filed on May 15, 1978, and was accompanied by a labor 

certification issued on May 1, 1975, on the basis of a job offer which he 

received as a Mining Engineer (coal) at White River Shale Project, 

1315 W. Highway 40, Vernal, Utah 84078. 

The beneficiary is a 48-year-old male, native and citizen of Wales, 

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Interim Decision #2768 

United Kingdom. His qualifications as a Mining Engineer (coal) have 

not been contested. 

The petition was denied by the District Director without prejudice 

for lack of a valid labor certification. 

Section. 212(a)(14), in part, requires a finding that there are not 

sufficient workers available "... at the place where the alien is to 

perform such skilled or unskilled labor, ...". The petitioner, on appeal, 

argues that the job description on Form MA -7-50B did not specify that 

the employee would work exclusively on this project. 

20 C.F.R. 656.30(e)(2) states, in part, that a labor "... certification 

involving a specific job offer is valid only for the particular job opportunity and for the area of intended employment stated on the application for Alien Employment Certification form." 

Area of intended employment is limited by definition in 20 C.F.R. 

656.50 as the area within normal commuting distance of the place 

(address) of intended employment." 

The regulations are clear. The validity of a labor certification is 

limited to the particular job described in the job offer portion of the 

labor certification. The beneficiary is not employed in that position nor 

does he intend to be. The labor certification, therefore, is not valid. The 

visa petition must be denied. 

ORDER: It is ordered that the denial decision of the District 

Director is affirmed, and the appeal is dismissed. 

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