Industrial Holographics, Inc. v. Donovan
United States Court of Appeals for the Seventh Circuit
722 F. 2d 1362 (7th Cir. 1983)
Industrial Holographics (plaintiff) sought labor certification to hire an alien, Roger Yu, as an export manager, but initially advertised the position at $1,000 per month when the Michigan Employment Security Commission (MESC) determined, based on surveying five Michigan employers, that the prevailing wage for such positions was $1,666 per month; the Department of Labor (defendant) denied certification for underpayment, and when Industrial re-advertised at the correct wage it failed to satisfy the separate internal-posting requirement, resulting in a second denial. An ALJ affirmed the denial, the district court granted the Department summary judgment finding the prevailing-wage regulation and MESC's survey methodology reasonable, and Industrial appealed.
Whether the requirement that an employer recruit among American workers at the prevailing wage is a reasonable condition for labor certification under section 212(a)(14) of the Immigration and Nationality Act.