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Feds seek dismissal of H-2B class action lawsuit on Guam  

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HAGÅTÑA (The Guam Daily Post) — The U.S. Department of Justice has moved to dismiss the Guam Contractors Association’s class action amended complaint over H-2B visa petitions arguing the plaintiffs can no longer present the court with any reasonable claims.

Attorneys for the DOJ Office of Immigration Litigation filed the dismissal motion in the District Court of Guam and contend none of the plaintiffs can establish standing to continue with the litigation.

In 2016, the Guam Contractors Association and nearly a dozen businesses sued the federal government for denying nearly all petitions to hire H-2B workers for the island, when H-2B petitions under the same set of facts were approved in the past.

Employers were able to get approvals for their H-2B petitions again in 2018.

According to the DOJ, a number of the concerns of denials are now a moot issue after Congress enacted and reauthorized provisions of the National Defense Authorization Act that specifically exempted H-2B petitions filed by military contractors and sub-contractors from having to demonstrate the “temporary need” requirement.

The U.S. government attorneys said none of the plaintiffs are “presently suffering any injury” and thar U.S. Citizenship and Immigration Services did approve H-2B petitions in April and May.

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