[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR212.8]



[Page 207-208]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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 has invested, or is actively in the 

process of investing, capital totaling at least $40,000 in an enterprise 

in the



[[Page 208]]



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]