Interim Decision #1905 

1VLaTrEa or LA PIETRA. 

In Deportation Proceedings 

A-14286377 

Decided by Board September 20, 1968 

An alien admitted to the United States in possession of a Labor certification 

for employment as a skilled hand tailor, who, after about 11 days, ceased 

her employment with the prospective employer because she could not perform all the duties as described in the request for certification made by 

the prospective employer and as described in her own application for certification, and who thereafter obtained employment, first as a marker at a 

department store, and later as a machine stitcher at a garment factory, is 

deportable under section 241(a)(1) of the Immigration and Nationality 

Act, as amended, as one excludable at entry for lack of a valid Labor certification as required by section 212(a) (14) of the Act. 

CHARGE: 

Order: Act of 1952--Section 241(a) (1) [3 U.S.C. 1251 (a) (1)3—Excludable at time of entry—No valid Labor certification. 

ON BEHALF OF RESPONDENT! 

Guy A. Scutell, Social Worker 

Mass. Department of Education 

73 Tremont Street 

Boston, Massachusetts 02102 

ON BEHALF or Snitvzon: 

R. A. Vielhaber 

Appellate Trial Attorney 

The case has been certified to us by the Immigration and Naturalization Service for review and final decision of the special inquiry officer's decision of May 7, 1968, in which he found 

respondent deportable as charged and granted voluntary departure with an alternate order of deportation to Italy if the respondent did not leave the United States as and when directed. 

The respondent is a 29-year-old single female alien, a native 

and citizen of Italy, who was admitted to the United States for 

permanent residence on April 25, 1967. She entered the United 

States to perform skilled labor as a hand tailor for Screnci's, Inc., 

a tailoring firm in Boston, Massachusetts. A labor certification 

had been issued to her by the United States Deparznent of Labor 

certifying her for employment as a skilled hand tailor. 

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Interim Decision #1905 

In obtaining the labor certification respondent had filed with 

the Department of Labor Form ES 575A, "Statement of Qualifications," which set forth her qualifications as a tailor. It stated 

that she attended a tailoring school in Italy and also worked in 

Italy as a tailor for a period of time. This statement of qualifications set forth that she was capable of doing various types of tailoring work, including making and finishing button holes by 

hand. Screnci's, Inc. filed Form ES 575B, "Job Offer for Alien 

Employment," and this form set forth the qualifications necessary 

for the job that he offered, including the making of "Button holes 

(by hand) ." 

After being in the employ of Screnci's, Inc. for about 11 days, 

a number of which she did not report for work, she ceased her 

employment there. She was ostensibly coming to the United 

States to do a skilled hand tailoring operation but she admitted 

she could not perform the duties as described in the request for 

certification made by the prospective employer and as described 

in her own application for labor clearance. She states and admits 

that she cannot make button. holes (Ex. 8, A. 2) and that her employer let her go principally for that reason (respondent's sworn 

statement of May 15, 1968; also employer's statement of August 

30, 1967 (Ex. 7) ). The record clearly shows that she could not 

perform all the duties as described and that after leaving Screnci's she obtained employment first as a marker at a department 

store and then later as a machine stitcher at a garment factory. 

The record amply shows that she could not perform all the duties as set forth in her statement of qualifications and the job 

offer by Screnci's, and thus we must hold, as did the special inquiry officer, that because of this she was excludable at the time 

of entry because there was in effect no valid labor certification. 

The labor certification was based upon a skill which respondent 

did not possess. Also, the record shows that she has not obtained 

any labor clearance for these other Jobs which she has held since 

leaving Screnci's. Since she has not complied with section 

212(a) (14), Immigration and Nationality Act, which requires 

that she present a valid labor certification, she was excludable at 

the time of entry. 

We. will thus affirm the decison of the special inquiry officer in 

which he held that respondent was deportable as charged. We 

will not disturb his grant of voluntary departure. 

ORDER: It is ordered that no change be made in the order of 

the special inquiry officer. 

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