Unfortunately, the provisions of section 212(a)(14) of the Immigration and Nationality Act appear to present the contradiction described in the above colloquy. In reality, the contradiction is created more in actual practice by employers than in the theory of labor certification. Nevertheless, major problems concerning labor certification procedures do exist. This Article will discuss the current problems of labor certification procedure by tracing the administrative process from application to review of denials and judicial review from jurisdiction to remedy.
Edwin R. Rubin & Mark A. Mancini,
An Overview of the Labor Certification Requirement for Intending Immigrants,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol14/iss1/5