Construction & Design Co. v. United States Citizenship & Immigration Services
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The Immigration and Nationality Act allows an alien, upon the petition of an employer, to obtain a visa if the Department of Labor certifies that no U.S. citizen is qualified for the work, 8 U.S.C. § 1153(b)(3)(A)(i), and if in addition the employer satisfies the Department of Homeland Security that he can afford to pay the alien’s wage. 8 C.F.R. § 204.5(g)(2). The additional requirement is intended to prevent the form of immigration fraud in which an employer sponsors an alien but does not intend to employ him. For that implies that despite the Labor Department’s…
2Cases cited9 opinions
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