Bulk Farms, Inc. v. Lynn Martin, Secretary of Labor

Bulk Farms, Inc., a California based manufacturer of Dutch-style cheese, appeals the district court’s grant of summary judgment in favor of the Secretary of Labor. Bulk Farms sought labor certification for its president, sole shareholder and chief cheesemaker, Wouter Bulk, a citizen of the Netherlands. On appeal, Bulk Farms challenges the Secretary’s determination that Wouter Bulk has no genuine employment relationship with Bulk Farms, as required by 20 C.F.R. § 656.50 , and argues that the certification requirements violate the statutory mandate set out in section 212 of the Immigration and Nationality Act, 8 U.S.C. § 1182 (a).

Section 212(a)(14) of the Immigration and Nationality Act requires the exclusion of aliens seeking to enter the United States to work unless the Secretary of Labor certifies that:

8 U.S.C. § 1182 (a)(14). Under the regulatory scheme which implements the Act, an employer may seek labor certification for a particular position. The employer’s certification application must reflect that the employer systematically attempted to recruit domestic workers in the manner described by the regulations. 20 C.F.R. § 656.21 . Under the regulations an employer must make…