Information Industries, Inc. (plaintiff) is a computer consulting business headquartered in Colorado. On December 15, 1986, Information Industries applied for an alien labor certification for a “Systems Engineer” position. The position required a B.S. in Engineering and an M.S. in Computer Science. On August 10, 1987 the Certifying Officer issued a finding stating that the application did not meet the required regulations. Information Industries filed a rebuttal but was denied on the ground that requiring two degrees was unduly restrictive in violation of Part 656 of Title 20 of the Code of Federal Regulations. Information Industries then appealed the decision to the Board of Alien Labor Certification Appeals.