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ZHU v. GONZALES

No. 04-5102.

411 F.3d 292 (2005)

Zhouqin ZHU, et al., Appellants v. Alberto GONZALES, United States Attorney General, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2005.

Attorney(s) appearing for the Case

Frederic W. Schwartz, Jr. argued the cause and filed the briefs for appellants.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. Edith M. Shine and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

GINSBURG, Chief Judge.

Four citizens of the People's Republic of China, working as medical researchers in the United States, appeal from an order of the district court dismissing their complaint, in which they sought review of the Attorney General's refusal to waive the requirement they obtain a "labor certification" in order to petition for a work visa. The district court held that § 242(a)(2)(B)(ii) of the Immigration and Nationality Act (INA), as amended by...

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