Thursday, 12 January 2017

Federal judge denies contractors' request to testify at H2B lawsuit hearing

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Judge Joaquin Manibusan noted that the deadline to make the request had already passed.

Guam - Plaintiffs in the H2B visa lawsuit will not be able to have their proposed witnesses, which include a number of affected contractors and a Guam Department of Labor expert, testify at an upcoming hearing for a preliminary injunction.

US Magistrate Judge Joaquin Manibusan denied the Guam Contractor’s Association’s request for their proposed witnesses to testify at the upcoming hearing because they missed the deadline to make the request. The deadline was January 10 but Manibusan says they only filed their witness list Thursday, January 12.

GCA indicated that they wanted to have GDOL Administrator of Alien Labor Processing Greg Massey testify about the historic level of approval and denials of H2B visas as well as clarify peak load and one time occurrence procedures. GCA also identified 10 contractors that would testify on the impact the denials have had on their company’s operations.

If approved the testimony for all 11 witnesses would have taken nearly six hours.

GCA is suing the US Immigration Service over the near 100 percent denial of H2B visa applications in recent months, which they say is already costing local contractors who have relied on foreign labor for decades.

A hearing is scheduled for January 17 at 12:30 pm at the District Court of Guam.

 

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