United States Seventh Circuit
Durable Manufacturing Co. v. US Dep't of Labor, 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.
Appellate Information
- Argued 06/05/2009
- Decided 08/18/2009
- Published 08/18/2009
Judges
- MANION, Circuit Judge., Before MANION, ROVNER, and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Laura J. Goodloe, Richard J. Puchalski (argued), Law Offices of Richard J. Puchalski, Chicago, IL, for Plaintiffs-Appellants.
- For Appellees:
- Craig A. Oswald (argued), Office of the United States Attorney, Chicago, IL, for Defendants-Appellees.