Overdevest Nurseries, LP v. Walsh, No. 20-5163 (D.C. Cir. 2021)
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After the Department of Labor determined that Overdevest had violated regulations governing the H-2A temporary visa program, the plant nursery challenged the regulations in district court. The Department concluded that Overdevest violated the H-2A regulations requiring employers to pay the adverse effect wage rate to any U.S. workers serving in corresponding employment. Overdevest argued that the regulations were an impermissible interpretation of the statute and were arbitrarily promulgated and enforced against Overdevest.
The DC Circuit affirmed the district court's grant of summary judgment in favor of the Department, concluding that 8 U.S.C. 1188(a)(1) is not unambiguous and the Department's definition of "corresponding employment" was reasonable. The court explained that the regulation advances the statute's purpose by ensuring that when H-2A workers are performing duties that do not implicate their qualifications, non-H-2A workers will not be placed at a disadvantage. The court rejected Overdevest's argument that the Department arbitrarily and capriciously promulgated the definition of corresponding employment. Finally, the court concluded that the Secretary's enforcement of the 2010 rule against Overdevest was not arbitrary and capricious.
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