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."

LOADING PDF: If there are any problems, click here to download the file.

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Igbanugo Partners Int'l Law Firm, PLLC | Attorney Advertising

Written by:


Igbanugo Partners Int'l Law Firm, PLLC on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.