Federico Francisco Yong and Bergen-Paterson Pipesupport Corporation v. Regional Manpower Administrator, United States Department of Labor

Bergen-Paterson Pipesupport Corporation [“Bergen”] sought an Alien Employment Certification authorizing its continued employment of Yong, a Peruvian alien, as a designer of pipe supports. The Regional Manpower Administration denied certification, and Bergen and Yong filed a complaint challenging the Administration’s action. The district court granted summary judgment for defendant. On appeal, plaintiffs contend that (1) the failure of defendant to accord them a formal administrative hearing violated the Administrative Procedure Act and (2) deprived them of procedural due process of law; and (3) denial of certification was contrary to the evidence and hence arbitrary and capricious.

An alien “seeking to enter the United States, for the purpose of performing skilled or unskilled labor” is eligible to receive a visa if the Secretary determines and certifies that:

Pursuant to regulations promulgated under section 1182(a)(14), an alien seek ing certification must apply by having his employer (or prospective employer) file for certification with the state employment agency serving the area where the employment is located. The state agency then collects area labor market…