Matter of Artee Corporation
Commissioner of the I.N.S.
18 I. & N. Dec. 366 (1982)
Artee Corporation (petitioner), a firm providing temporary staffing to technically oriented businesses, sought to classify a group of machinists as temporary H-2 workers under section 101(a)(15)(H)(ii); the Regional Commissioner assessed Artee's need for machinists from the perspective of Artee's own customers and, finding a nationwide machinist shortage, concluded the underlying need was permanent rather than temporary. Artee appealed that determination to the Commissioner.
Whether the test for classifying temporary non-professional workers under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act depends on the temporary need of the employer, rather than the temporary need of the employer's customers.