Masoa Konishi v. Immigration and Naturalization Service

DUNIWAY, Circuit Judge:

Konishi sought the status of a permanent resident alien. The Board of Immigration Appeals refused his request. We vacate and remand for further consideration.

Konishi entered this country as a visitor in February, 1973, and in April of that year he had the status of a student. In March, 1975, he sought that of a permanent resident under § 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a). Permanent resident status was refused by the immigration judge and by the Board of Immigration Appeals.

Konishi is confronted by the labor certification requirement of §…