Board Questions Nature
Of Job For Live-In Alien

Harpal S. Mangat, M.D. & Harminder Kaur, M.D., 98-INA-197 (BALCA, September 17, 1999)

The board held that because the alien was living on the premises of the employer, the CO must apply the totality of circumstances test to inquire into the bona fide nature of the job offer of cook. The board held, "One cannot ignore the fact that the alien is living with the Employer, which raises the question of whether this job is truly open to U.S. applicants." (Remanded, Region III).

Reprint No: 99111573