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OUTDOOR AMUSEMENT BUSINESS v. DEP'T OF HOMELAND

No. 18-2370.

983 F.3d 671 (2020)

OUTDOOR AMUSEMENT BUSINESS ASSOCIATION, INC.; Maryland State Showmen's Association, Inc.; The Small and Seasonal Business Legal Center; Lasting Impressions Landscape Contractors, Inc.; Three Seasons Landscape Contracting Services, Inc; New Castle Lawn & Landscape, Inc., Plaintiffs-Appellants, v. DEPARTMENT OF HOMELAND SECURITY; United States Citizenship and Immigration Services; Department of Labor; Employment & Training Administration; Wage & Hour Division, Defendants-Appellees, Margharita Kuri; Timothy King; Henry Wojdylo; Ronald Nyenhuis; Shirley Harmon; Antonio Rivera Martinez; Andrew Mitschell; Comité de Apoyo a Los Trabajadores Agricolas (CATA); Pineros y Campesinos Unidos del Noroeste; Northwest Forest Workers Center, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2020.

Attorney(s) appearing for the Case

ARGUED: Robert Wayne Pierce , PIERCE LAW FIRM, Annapolis, Maryland; Leon R. Sequeira , Arlington, Virginia, for Appellants. Kathryne M. Gray , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Clermont Fraser Ripley , NORTH CAROLINA JUSTICE CENTER, Raleigh, North Carolina, for Amici Curiae. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, William C. Peachey , Director, Erez Reuveni , Assistant Director, Glenn M. Girdharry , Assistant Director, Joshua S. Press , Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Edward Tuddenham , Paris, France; Art Read, JUSTICE AT WORK, Philadelphia, Pennsylvania; Vanessa Coe , LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., West Palm Beach, Florida; D. Michael Dale , NORTHWEST WORKERS' JUSTICE PROJECT, Portland, Oregon, for Amici Comité de Apoyo de Los Trabajadores Agricolas (CATA), et al.

Affirmed in part and vacated in part by published opinion. Judge Richardson wrote the opinion, in which Judge Keenan and Judge Wynn joined.

H-2B visas provide vital employees for employers who need temporary nonagricultural workers but cannot find help domestically. Each year, H-2B visas allow 66,000 temporary workers to enter the country to meet those demands. A core part of the H-2B visa program is labor certifications—the process of determining whether...

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