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Keywords

plaintiffstatuteinjunctionmotionregulationvisa
plaintiffstatuteinjunctionmotionregulationvisa

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RCM Technologies v. Department of Homeland Security

Facts

Plaintiffs are in the business of recruiting and training foreign physical and occupational therapists, sponsoring them for H-1B visas, and then placing them with U.S. clients. In January 2009, RCM and Global Recruiting began to receive denials of previously-filed H-1B visa petitions because the therapists on whose behalf the petitions had been filed lacked master's degrees. Plaintiffs alleged that these denials were a result of a new CIS policy that was inconsistent with applicable statutes and regulations and that was never properly promulgated.

Plaintiffs are in the business of recruiting and training foreign physical and occupational therapists, sponsoring them for H-1B visas, and then placing them with U.S. clients. In January 2009, RCM and Global Recruiting began to receive denials of previously-filed H-1B visa petitions because the therapists on whose behalf the petitions had been filed lacked master's degrees. Plaintiffs alleged that these denials were a result of a new CIS policy that was inconsistent with applicable statutes and regulations and that was never properly promulgated.

Issue

Whether the plaintiffs' challenge to the alleged policy requiring master's degrees for foreign occupational and physical therapists to obtain H-1B visas is justiciable and whether the policy constitutes 'final agency action' under the Administrative Procedure Act.

Whether the plaintiffs' challenge to the alleged policy requiring master's degrees for foreign occupational and physical therapists to obtain H-1B visas is justiciable and whether the policy constitutes 'final agency action' under the Administrative Procedure Act.

Rule

Under the Administrative Procedure Act, a plaintiff must direct its attack against some particular 'agency action' that causes it harm, and a challenge to an ongoing program or policy is not, in itself, a 'final agency action.'

Under the Administrative Procedure Act, a plaintiff must direct its attack against some particular 'agency action' that causes it harm, and a challenge to an ongoing program or policy is not, in itself, a 'final agency action.'

Analysis

The court determined that the plaintiffs' challenge to the alleged 'policy' was not justiciable because they were not challenging individual denials of specific visa applications. The court also found that the alleged policy did not constitute 'final agency action' as it was not binding and did not determine rights or obligations. The court emphasized that the plaintiffs had not shown a substantial likelihood of success on the merits.

The court determined that the plaintiffs' challenge to the alleged 'policy' was not justiciable because they were not challenging individual denials of specific visa applications. The court also found that the alleged policy did not constitute 'final agency action' as it was not binding and did not determine rights or obligations. The court emphasized that the plaintiffs had not shown a substantial likelihood of success on the merits.

Conclusion

The court denied the plaintiffs' motion for preliminary injunction, concluding that they were unlikely to succeed on the merits of their claims.

The court denied the plaintiffs' motion for preliminary injunction, concluding that they were unlikely to succeed on the merits of their claims.

Who won?

The United States Department of Homeland Security prevailed because the court found that the plaintiffs were not likely to succeed on the merits of their claims regarding the alleged policy.

The United States Department of Homeland Security prevailed because the court found that the plaintiffs were not likely to succeed on the merits of their claims regarding the alleged policy.

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