Stewart Infra-Red Commissary of Massachusetts, Inc. v. Patrick F. Coomey, District Director, Immigration and Naturalization Service

NELSON, District Judge.

This case involves a question of the statutory division of authority between the Immigration and Naturalization Service (INS) and the Department of Labor (DOL) in determining an alien’s job qualifications for the purpose of deciding upon her application for “sixth preference” visa status. Appellee Barbara Zadroga, a native and citizen of Poland, entered the United States as a non-immigrant visitor on March 29, 1972, with authority to remain for six months. Approximately one month later, she began employment, without authorization from INS, as a general helper for…