Durable Manufacturing Co. v. US Dep't of Labor, No. 08-4122

In an action brought against the Employment Training Administration of the Department of Labor (DOL) and the Bureau of Citizenship and Immigration Services of the Department of Homeland Security (DHS) challenging a DOL regulation retroactively invalidating labor certifications that had been issued to plaintiffs, judgment for defendants is affirmed where: 1) 20 C.F.R. section 656.6.30(b) as amended is within the scope of DOL's statutory authority in compliance with the explicit language from section 1182(a)(5)(A)(i)(I) which imposes a time limit between the certification and the visa application; and 2) the application of the amended section 656.30(b) has no retroactive effect in this case.      

Read Durable Manufacturing Co. v. US Dep't of Labor, No. 08-4122

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued June 5, 2009
Decided August 18, 2009

Judges

Before Manion, Rovner, and Tinder, Circuit Judges 
Opinion by Manion Circuit Judge.