[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR212.8]

[Page 206-207]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF 
CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents
 
Sec.  212.8  Certification requirement of section 212(a)(14).

    (a) General. The certification requirement of section 212(a)(14) of 
the Act applies to aliens seeking admission to the United States or 
adjustment of status under section 245 of the Act for the purpose of 
performing skilled or unskilled labor, who are preference immigrants as 
described in section 203(a) (3) or (6) of the Act, or who are 
nonpreference immigrants as described in section 203(a)(8). The 
certification requirement shall not be applicable to a nonpreference 
applicant for admission to the United States or to a nonpreference 
applicant for adjustment of status under section 245 who establishes 
that he will not perform skilled or unskilled labor. A native of the 
Western Hemisphere who established a priority date with a consular 
officer prior to January 1, 1977 and who was found to be entitled to an 
exemption from the labor certification requirement of section 212(a)(14) 
of the Act under the law in effect prior to January 1, 1977 as the 
parent, spouse or child of a United States citizen or lawful permanent 
resident alien shall continue to be exempt from that requirement for so 
long as the relationship upon which the exemption is based continues to 
exist.
    (b) Aliens not required to obtain labor certifications. The 
following persons are not considered to be within the purview of section 
212(a)(14) of the Act and do not require a labor certification: (1) A 
member of the Armed Forces of the United States; (2) a spouse or child 
accompanying or following to join his spouse or parent who either has a 
labor certification or is a nondependent alien who does not require such 
a certification; (3) a female alien who intends to marry a citizen or 
alien lawful permanent resident of the United States, who establishes 
satisfactorily that she does not intend to seek employment in the United 
States and whose fiance has guaranteed her support; (4) an alien who 
establishes on Form I-526 that he

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has invested, or is actively in the process of investing, capital 
totaling at least $40,000 in an enterprise in the United States of which 
he will be a principal manager and that the enterprise will employ a 
person or persons in the United States of which he will be a principal 
manager and that the enterprise will employ a person or persons in the 
United States who are United States citizens or aliens lawfully admitted 
for permnanent residence, exclusive of the alien, his spouse and 
children. A copy of a document submitted in support of Form I-526 may be 
accepted though unaccompanied by the original, if the copy bears a 
certification by an attorney, typed or rubber-stamped in the language 
set forth in Sec.  204.2(j) of this chapter. However, the original 
document shall be submitted, if submittal is requested by the Service.

[31 FR 10021, July 23, 1966; 31 FR 10355, Aug. 22, 1966, as amended at 
34 FR 5326, Mar. 18, 1969; 38 FR 31166, Nov. 12, 1973; 41 FR 37566, 
Sept. 7, 1976; 41 FR 55850, Dec. 23, 1976; 47 FR 44990, Oct. 13, 1982; 
48 FR 19157, Apr. 28, 1983]