Decision date: 2020-12-18

Upholding grant of summary judgment to Government in Administrative Procedure Act (APA) case challenging 2008 DHS rules and 2015 joint DHS and DOL rules on labor certification for H-2B visas. The Court ruled that (1) the challenge to the 2008 rules was time-barred, (2) Plaintiffs lacked standing to challenge the 2015 rules on enforcement, and (3) DHS and DOL had statutory authority to promulgate the remaining 2015 rules.

Publication Status: Published

Case judge: Keenan, Richardson, Wynn

Decision: Outdoor Amusement Business Ass'n, Inc. v. DHS, 983 F.3d 671 (4th Cir. 2020)