National Association of Manufacturers, Chamber of Commerce v. U.S. Department of Homeland Security

U.S. District Court for the Northern District of California

Tab Group

Merits Stage

Motion to amend granted

April 15, 2021

The District Court granted the Chamber’s motion for leave to amend its complaint to add claims challenging the final prevailing wage rule and the DHS lottery rule. Click here to see continuation of this challenge under the caption Chamber v. DHS.

Challenge dismissed as moot

April 8, 2021

The Ninth Circuit dismissed as moot the U.S. Chamber’s challenge to the non-immigrant visa proclamation following its expiration.

Appeal held in abeyance

February 11, 2021

The U.S. Chamber filed a motion – which the Ninth Circuit granted – to effectively put the government’s appeal in abeyance until after the non-immigrant visa proclamation is set to expire on March 31, 2021.

N.D. Cal grants U.S. Chamber’s motion to require Department of State to comply with preliminary injunction against implementation of June 22 nonimmigrant visa proclamation

November 18, 2020

Click here to view the order.

U.S. Chamber and coalition of plaintiffs file reply brief in support of motion to clarify the preliminary injunction against implementation of the President’s June 22 nonimmigrant visa proclamation

November 13, 2020

Click here to view the brief.

U.S. Chamber and coalition of plaintiffs challenging implementation of nonimmigrant visa proclamation file motion to clarify preliminary injunction and to compel discovery into Department of State’s failure to comply with preliminary injunction

October 31, 2020

Click here to view the motion.

Motion for preliminary injunction granted

October 1, 2020

The District Court blocked the Trump administration from enforcing its entry ban on various types of nonimmigrant workers from entering the U.S. through the end of the calendar year. This is a great victory for American businesses and our nation’s economy, as the bans cover the following nonimmigrant visa classifications that many employers rely upon to meet their workforce needs: H-1B, H-2B, L-1, and J-1.

U.S. Chamber files reply brief in support of preliminary injunction

August 28, 2020

Click here to view the brief.

U.S. Chamber leads lawsuit against unprecedented restrictions on work visas

July 31, 2020

The U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation, and others sued to challenge federal restrictions on businesses' ability to meet their workforce needs through lawful immigration. U.S. Chamber CEO Thomas J. Donohue released the following statement after the suit was filed:

“Our lawsuit seeks to overturn these sweeping and unlawful immigration restrictions that are an unequivocal ‘not welcome’ sign to the engineers, executives, IT experts, doctors, nurses, and other critical workers who help drive the American economy. Left in place, these restrictions will push investment abroad, inhibit economic growth, and reduce job creation.”

Click here to view the complaint. William G. Gaede, Paul W. Hughes, and Michael B. Kimberly of McDermott Will & Emery LLP served as co-counsel for the plaintiffs.