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

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Merits Stage

Government’s appeal dismissed

April 8, 2021

The government’s appeal was dismissed as moot without prejudice and the case was remanded to district court for dismissal, because the nonimmigrant visa proclamation expired during the government’s appeal of the district court’s preliminary injunction against enforcement of the proclamation

Outcome

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. The U.S. Chamber secured a preliminary injunction against the proclamation in the district court, which is now guaranteed to remain in effect until the proclamation’s scheduled expiration date.

U.S. Chamber and coalition of business groups file appellee brief defending district court's preliminary injunction against implementation of the June 22 nonimmigrant visa proclamation otherwise barring H-1B, H-2, J-1, and L-1 visa workers from the U.S.

December 11, 2020

Click here to view the brief. The U.S. Chamber previously obtained an injunction on behalf of its member businesses to continue using those visa programs to fulfill their workforce needs.