Court of Appeals for the First Circuit September 16, 1981, 80-1260 (Stewart Infra-Red Commissary of Massachusetts, Inc. v. Patrick F. Coomey, District Director, Immigration and Naturalization Service)

NELSON, District Judge.

This case involves a question of the statutory division of authority between the Immigration and Naturalization Service (INS) and the Department of Labor (DOL) in determining an alien’s job qualifications for the purpose of deciding upon her application for “sixth preference” visa status.