Persian Broadcast Service Global Inc. v. Eugene Scalia

I. INTRODUCTION

This case centers around the review of the Department of Labor Administrative Review Board’s (“ARB’s”) decision to require a company to pay back wages to a former employee, who was employed under the E-3 visa program provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 110(a)(15)(E)Gii1). On January 11, 2021, plaintiff Persian Broadcast Service Global Inc. (“Persian Broadcast”) filed this action against defendants Martin J. Walsh,! in his official capacity as United States Secretary of Labor, the United States Department of Labor, and Majid Varess, collectively (“defendants”). Dkt. 1 (“Compl.”). Defendant Varess, an Australian citizen who previously worked for Persian Broadcast, filed an administrative complaint against Persian Broadcast for back wages with the U.S. Department of Labor and prevailed. Id. Persian Broadcast now seeks review of the agency action under the Administrative Procedures Act, 5 U.S.C. § 702 et seq. (“APA”), alleging that (1) the Department of Labor’s finding that Varess’s complaint

1 Pursuant to Fed. R. Civ. P. 25(d), Martin J. Walsh, the current Secretary of the United States Department of Labor, is…