The 7^th Circuit Court of Appeals upheld that the authority to determine requirements for a given position to be filled by an employment-based immigrant lies solely with the Department of Labor (“DOL”).  In Hoosier Care, Inc. v. Chertoff, Hoosier Care, a resident care facility was seeking certification for two Developmental Disability Specialists.  The DOL had approved the labor certifications in which the only requirements for the job were a bachelor’s degree in any field of study.  At the I-140 stage, the Department of Homeland Security (“DHS”) denied the petitions stating that the degree held by each applicant was not relevant to the proffered position as Developmental Disability Specialists.

The court held that DHS violated its own regulations when imposing additional job requirements at the I-140 stage.  In the regulations, the DHS does not have the authority to impose job requirements beyond those certified by the DOL on the labor certification.  The only discretion and adjudicative position that the DHS holds with respect to the I-140 is to determine that the particular immigrant is capable of performing the proffered position.  The Court ruled in favor of Hoosier Care and remanded the case back to the Service for adjudication. 

This decision further demonstrates that the DHS must only adjudicate I-140 petitions based on if the applicant can perform the duties as detailed in the approved labor certification and not go above its jurisdiction and impose new job requirements on the petitioner.