In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, challenging the "50% rule" of the Department of Labor. Under the 50% rule, a employer who filed a temporary labor certification in order to hire foreign migrant workers, assured that it would provide employment to any qualified U.S. worker who applied during the first half (50%) of the contract period under which foreign workers were hired. The tobacco growers maintained that the 50% rule was an unreasonable regulation, was arbitrary and capricious, and was contrary to the purposes of the Immigration and Nationality Act.

The District Court (Judge Kiser) upheld the 50% rule, finding that it was within the Department of Labor's statutory authority. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 579 F.Supp. 768 (W.D.Va. 1984). The Court of Appeals affirmed. Virginia Agr. Growers Ass'n, Inc. v. U.S. Dept. of Labor, 756 F.2d 1025 (4th Cir. 1985).

Dan Dalton - 12/10/2007


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