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CONSTRUCTION AND DESIGN CO. v. U.S. CITIZEN. AND IMM.

No. 08-2461.

563 F.3d 593 (2009)

CONSTRUCTION AND DESIGN CO., et al., Petitioners-Appellants, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 21, 2009.

Attorney(s) appearing for the Case

Richard J. Puchalski, Attorney, Attorney, Laura J. Goodloe (argued), Law Offices of Richard J. Puchalski, Chicago, IL, for Petitioners-Appellants.

Craig A. Oswald, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Respondent-Appellee.

Before POSNER, FLAUM, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

The Immigration and Nationality Act allows an alien, upon the petition of an employer, to obtain a visa if the Department of Labor certifies that no U.S. citizen is qualified for the work, 8 U.S.C. § 1153(b)(3)(A)(i), and if in addition the employer satisfies the Department of Homeland Security that he can afford to pay the alien's wage. 8 C.F.R. § 204.5(g)(2). The additional requirement is intended to prevent the form of immigration...

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