Sugule v. Frazier

8th Circuit Finds DHS' Revocation of Labor Certification Arbitrary and Capricious


The Eighth Circuit Court of Appeals reversed the grant of summary judgment in favor of the U.S. government defendants and remanded to the district court with instructions to vacate the DHS's revocation of labor certification and further remand the case to the agency. After the Department of Labor (DOL) had granted an alien employment certification to the petitioning employer, thereby clearing a path for its employee to apply for an immigrant visa, the Department of Homeland Security (DHS) revoked the DOL's certification on the ground of fraud. The court stated, "Because none of the DHS's reasons withstands scrutiny, we find its actions arbitrary and capricious and its findings not supported by substantial evidence."

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Reference Info:Decision | Federal, 8th Circuit | United States

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