UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) GRASS WORKS LAWN CARE, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 18-1581 (RMC) ) R. ALEXANDER ACOSTA, et al., ) ) Defendants. ) _________________________________ ) MEMORANDUM OPINION Plaintiffs Grass Works Lawn Care, LLC, J F Luna Construction, LLC, and Titus Works, LLC sued R. Alexander Acosta, Secretary of the Department of Labor, Rosemary Lahaksy, Deputy Assistant Secretary of the Department of Labor, and William Thompson, Administrator of the Department of Labor, in their official capacities, challenging the denial of temporary employment certificates in fiscal year 2018. The certificates are necessary to receive H-2B temporary visas from the Department of Homeland Security. Plaintiffs are small construction and landscaping businesses which use seasonal workers to assist with increased demand during their busy seasons. Due to the limitations of the work force in their areas, Plaintiffs traditionally fill their seasonal positions with workers in the United States on temporary visas. For fiscal year 2018, Plaintiffs argue that the Department of Labor used a different standard to evaluate certificate applications and unreasonably denied their applications. Defendants move to dismiss and argue that Plaintiffs lack standing and the case is moot because fiscal year 2018 certificates can no longer be issued. A declaratory judgment is also inappropriate, Defendants argue, because each application is considered independently, and a 1 subsequent years’ application is not affected by a prior denial. The Court agrees with Defendants and will dismiss the case for lack of jurisdiction and as moot. I. BACKGROUND A. H-2B Visa Process “The H-2B nonimmigrant visa program permits employers to hire foreign workers to perform temporary non-agricultural labor or services in the United States on a one-time occurrence, seasonal, peakload, or intermittent basis.” Compl. [Dkt. 1] ¶ 2 (citing 8 U.S.C. § 1101(a)(15)(H)(ii)(b); 8 C.F.R. § 214.2(h)(6); 20 C.F.R. § 655.6(b)). Employers who wish to hire workers under the H-2B program must first “apply for temporary employment certification from [the Department of Labor (DOL)].” Id. The application must include documentation to support the number of workers requested and the duration of their employment. Id. A Certifying Officer in the DOL Office of Foreign Labor Certification reviews the application and, if further information is required, may issue a Notice of Deficiency to the employer. Id. (citing 20 C.F.R. § 655.31). If the Certifying Officer grants the certification to the employer, then “the sponsoring employer may . . . use that certification to file an I-129 Petition for Nonimmigrant Worker with [United States Citizenship and Immigration Services (USCIS)] requesting H-2B status for the number of workers certified” by DOL. Id. ¶ 3. On the other hand, if the Certifying Officer denies the application, the employer “may request review of that decision by an Administrative Law Judge (“ALJ”) at [DOL’s Board of Alien Labor Certification Appeals (BALCA)].” Id. (citing 20 C.F.R. § 655.61). The Immigration and Nationality Act permits 66,000 H-2B nonimmigrant visas to be issued each fiscal year. See 8 U.S.C. § ...
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