Morrison and Morrison Inc., Employer, and Tom Kyte, Alien v. Secretary of Labor of the United States

LOGAN, Circuit Judge.

This is an appeal from a decision of the district court affirming the Secretary of Labor’s denial of an alien employment certification under 8 U.S.C. § 1182(a)(14) of the Immigration and Nationality Act. The only question on appeal is whether the Secretary erred in interpreting his own regulations.

Morrison and Morrison, Inc. sought to employ Tom Kyte, a resident of England, to work on a commission basis selling real estate and other business opportunities to foreign investors. The employment was to be in the Denver area and required knowledge of prospective purchasers in…