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National Ass'n of Mfrs. v. United States DOL

United States District Court for the District of Columbia

July 22, 1996, Decided ; July 22, 1996, FILED

Civil Action No. 95-0715 (RCL)

Opinion

MEMORANDUM OPINION

This matter comes before the court on plaintiff National Association of Manufacturers' ("NAM") Motion for Summary Judgment and on defendant Department of Labor's ("DOL") Motion for Judgment on the Pleadings and for Summary Judgment. NAM, an incorporated association consisting of over 13,000 employers in a wide range of industries throughout the United States, brings this action for declaratory and injunctive relief under the Administrative Procedures Act ("APA") to set aside certain regulations promulgated by the DOL under the so-called "H-1B" specialty occupation work visa program as amended by the Immigration and Nationality Act of 1990 and the related Miscellaneous and Technical Immigration and Naturalization Amendments of 1991. The court agrees with the parties that no material issues of fact remain and, based upon the [*2]  submissions of counsel, a brief of amicus curiae filed by the American Immigration Law Foundation, and the relevant law, the court shall grant in part and deny in part the pending summary judgment motions.

BACKGROUND

Plaintiff brings this action seeking to overturn several regulations promulgated by defendant DOL to implement recent amendments to the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. The regulations at issue are part of the so-called "H-1B" specialty occupation work visa program for qualified non-immigrants. The original Immigration and Nationality Act established a category of nonimmigrant aliens, known as H-1B category workers, that were permitted to enter this country on a temporary basis to work in specialty occupations. However, by 1990, Congress found that the H-1B program had been heavily abused by domestic employers. 1 As a result, in 1990 and again in 1991, Congress amended the H-1B program to help curb the abuses. Several of defendant DOL's regulations, purportedly issued under the authority of the amendments, are the subject of this action.

 [*3]  A. Statutory Background.

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1996 U.S. Dist. LEXIS 10478 *

NATIONAL ASSOCIATION OF MANUFACTURERS, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant.

CORE TERMS

regulations, notice, employees, final rule, proposed rule, prevailing wage, court finds, temporary, rate of wages, promulgated, worksite, adequate notice, provisions, wages, ripe, nonimmigrant, calculate, Sections, arbitrary and capricious, parties, investigate, placement, actual wages, self-initiate, factors, argues, visa, allegations, statutory authority, agency's action

Immigration Law, Admission of Immigrants & Nonimmigrants, Visa Eligibility & Issuance, Issuance of Visas, Types of Immigrants, Employment Based Preferences, Priority Workers, Types of Nonimmigrant Status, Temporary Workers (H Visas), Administrative Law, Judicial Review, Reviewability, Ripeness, Civil Procedure, Justiciability, Ripeness, Tests for Ripeness, Environmental Law, Administrative Proceedings & Litigation, Judicial Review, Reviewable Agency Action, General Overview, Agency Rulemaking, Informal Rulemaking, Standards of Review, Unlawful Procedures, Separation of Powers, Legislative Controls, Pleadings, Amendment of Pleadings, Agency Adjudication, Presiding Officers, Administrative Law Judges, Exceeding Statutory Authority, Governments, Legislation, Statutory Remedies & Rights, Jurisdiction, Deference to Agency Statutory Interpretation, Interpretation, Business & Corporate Compliance, Wage & Hour Laws, Equal Pay, Federal & State Interrelationships, Labor & Employment Law, Statutory Application, Davis-Bacon Act, Administrative Proceedings, US Department of Labor Certification, Posting & Recordkeeping, Labor & Employment Law, Posting & Recordkeeping, Arbitrary & Capricious Standard of Review, Abuse of Discretion, Factual Determinations, Transportation Law, Commercial Vehicles, Traffic Regulation