Judges' Benchbook: Alien Labor Certification

Office of Administrative Law Judges
United States Department of Labor

Second Edition - May 1992

CHAPTER 14 -- SUPPLEMENT

Supplement current through January 1997

LIVE-IN CONTRACT

I. Regulatory requirements for live-in applicant

II. Applicability of Regulation

III. Employer bears the burden of complying with regulatory requirements

I. Regulatory requirements for live-in applicant

20 CFR 656.21(a)(3)(iii) requires that for live-in housekeeper, Employer must document that Alien has at least one year of full time experience where Employer fails to so document, certification was properly denied. Ofelia Balmaseda , 94-INA-411 (Oct. 12, 1995).

II. Applicability of Regulation

no new cases

III. Employer bears the burden of complying with regulatory requirements

Where Employer lists a live-in requirement, Employer must establish the business necessity for that requirement where live-in requirement is not normally required by DOT classification and where Employer fails to establish business necessity for live-in requirement through the "essential nature" to the listed job, Employer must either readvertise the position without the defect or certification will be denied. Mr. and Mrs. Robert H. Blumberg , 94-INA-244 (July 19, 1995).

A. Production of employment contract

no new cases

B. Provision of room and board at no cost

no new cases