“In short, because the H-2A labor certification regulations mainly concern the federal government’s local interest in domestic wages, DOL’s action does not fit within the public rights exception to Article III adjudication.”
In light of the Supreme Court’s recent decision in SEC v. Jarkesy, the Third Circuit held that the U.S. Department of Labor violated Article III by bringing, before an agency tribunal, an enforcement action against an employer for alleged breach of its contractual obligations to workers under the H-2A nonimmigrant visa program. Because the government’s action concerned private rights and did not fall within the public rights exception for certain immigration matters, Article III required the DOL to instead proceed before a federal district court. Therefore, the Third Circuit reversed and remanded with instruction to enter judgment in favor of the employer (Sun Valley Orchards, LLC v. U.S. Department of Labor, No. 23-2608 (3d Cir. July 29, 2025)).
H-2A certification. In 2015, the Sun Valley Orchards participated in the H-2A nonimmigrant visa program, hiring 96 foreign workers and 51 corresponding domestic workers. Under the H-2A program, domestic employers may temporarily hire foreign laborers to perform seasonal agricultural work. The program is administered jointly by DOL and the Department of Homeland Security, and prospective H-2A employers must obtain a labor certification from DOL and a visa petition approval from DHS.
DOL regulations. DOL...
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