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Chamber of Commerce v. DHS
"The Court once again confronts a challenge to the Administration’s assertion that the H-1Bvisa program adversely affects American workers to such a degree that it must take immediateaction. See Nat’l Ass’n of Manufacturers v. Dep’t of Homeland Sec., No. 20-cv-4887-JSW, -- F.Supp. 3d --, 2020 WL 5847503 (N.D. Cal. Oct. 1, 2020) (“NAM”). Here, Plaintiffs bring claimsunder the Administrative Procedure Act (“APA”) and ask the Court to set aside two interim finalrules promulgated by the Department of Labor (“DOL”) and by the Department of HomelandSecurity (“DHS”): Strengthening Wage Protections for the Temporary and PermanentEmployment of Certain Aliens in the United States, 85 Fed. Reg. 63,872 (Oct. 8, 2020) (“DOLRule”); Strengthening the H-1B Nonimmigrant Visa Classification Program, 85 Fed. Reg. 63,918(Oct. 8, 2020) (“DHS Rule”) (collectively, the “Rules”). ... Plaintiffs are entitled to judgmentin their favor on their first two claims for relief, and the Court sets aside the Rules on the basis thatthey were promulgated in violation of 5 U.S.C. section 553(b)."