Judge certifies H-2B case as class action lawsuit

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Guam – Chief District Court Judge Frances Tydingco-Gatewood has granted the Guam Contractors Association’s request to certify their H-2B visa denial case as a class action lawsuit.

The decision comes just as the first H-2B visas are being approved by the USCIS after nearly two years of denials.

In her decision, Judge Gatewood noted that the GCA the named plaintiffs met the requirements for class certification. The Department of Justice had opposed the class on grounds that the case is moot or not yet ripe for relief.

Court papers define the class as petitioners who have or who will file an I-129 application for H-2B workers for Guam under two categories: the first as peakload need; and the second as one-time occurrence.

Those who have received or will receive denial of the H-2B visa are also part of the class.

You can read the full decision here.