United States Third Circuit

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Comite de Apoyo a los Trabajad v. Perez, 14-3557

Dismissal of plaintiffs' challenge to 20 C.F.R. section 655.10(f), a Department of Labor regulation applicable in the administration of the H-2B visa program that authorizes the admission of certain unskilled foreign workers into this country for temporary employment, is reversed and plaintiffs' vacatur request of section 655.10(f) and the 2009 Wage Guidance (which authorizes employers to use privately-funded wage surveys to set the prevailing market wage for certain occupations) is granted, where: 1) the case is ripe for judicial review; and 2) section 655.10(f) and the 2009 Wage Guidance are arbitrary and capricious and in violation of the Administrative Procedure Act.

Appellate Information

  • Decided 12/05/2014
  • Published 12/05/2014

Judges

  • Greenberg

Court

  • United States Third Circuit

Counsel

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