Matter of Marion Graham
Board of Alien Labor Certification Appeals
No. 88-INA-102 (1990)
Relevant factsFree
Marion Graham (petitioner) sought labor certification to hire immigrant Gladys Yolanda Ulloa as a live-in housekeeper, but the Department of Labor denied the application, finding the live-in requirement presumptively unduly restrictive under federal regulations absent a showing of business necessity; Graham argued in rebuttal that she and her husband were frequently away and needed someone living on-site to care for their infant, but the Department issued a final denial, and Graham appealed.
IssueFree
Whether the business necessity test can be applied to the potential employment of an immigrant domestic worker to overcome the presumption that a live-in requirement is unduly restrictive.
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