Izhak Bahat v. Joseph Sureck, District Director of the Immigration and Naturalization Service, Los Angeles District

Izhat Bahat, a native of Germany and a citizen of Israel, appeals from a summary judgment granted by the district court in favor of the District Director of the Immigration and Naturalization Service (“INS”), affirming the Director’s denial of Bahat’s Application for Status as a Permanent Alien. Bahat contends that he is entitled to exemption from the labor certification requirement of Section 212(a)(14) of the Immigration and Nationality Act as amended, 8 U.S.C. § 1182 (a)(14), by reason of his investment of $10,000 in an electrical contracting business and Ms prior experience as an electrician.

The “alien investor” regulation in effect on June 80, 1976, when Bahat filed his application, eliminated the labor certification requirement under certain circumstances. The exemption applied if the alien entered the United States for the purpose of engaging in a commercial or agricultural enterprise in which the alien had invested capital of $10,000 and had had at least one year’s experience and training qualifying engagement in such enterprise. Although Bahat complied with the literal terms of the regulation, the District Director denied Ba-hat’s application for adjustment of status,…