United States Seventh Circuit

Denial of petition for classification of two aliens as eligible for "employer-based" immigration is reversed where the Department of Homeland Security (DHS) erroneously determined that the minimum qualifications for the open positions were not appropriate. Such a determination is the responsibility of the Department of Labor, and DHS is limited to determining whether or not an applicant meets the minimum qualifications.

Appellate Information

• Argued 03/28/2007
• Decided 04/11/2007
• Published 04/11/2007

Judges

• POSNER, Circuit Judge., Before POSNER, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James A. Martinkus (argued), Erwin, Martinkus & Cole, Champaign, IL, for Plaintiff-Appellant.


• For Appellees:
  
• James A. Lewis (argued), Office of the United States Attorney, Springfield, IL, for Defendants-Appellees.