Masonry Masters, Inc., Successor to Tenco Masonry, Inc., Rigoberto Perdomo v. Richard Thornburgh, Attorney General of the U.S.

Opinion for the Court filed by Senior District Judge REYNOLDS.

REYNOLDS, Senior District Judge:

Masonry Masters, Inc., and Rigoberto Perdomo appeal from a decision of the District Court for the District of Columbia granting the Immigration and Naturalization Service’s (“INS”) motion for summary judgment and approving the INS’s denial of Masonry Masters’ petition for a sixth-preference immigration visa. Masonry Masters challenges the INS’s authority to require an employer, who is applying for a sixth-preference visa on behalf of an alien employee, to demonstrate the employer’s ability to pay the…