International Internship Programs v. Napolitano
853 F. Supp. 2d 86
D.D.C.2012Background
- IP, a 501(c)(3) nonprofit, runs a cultural exchange program placing visitors from Asia and others in U.S. host schools; participants are nonresident and unpaid, funded by program fees.
- USCIS/AAO denied several Q-1 visa petitions for IP, limiting duration to school-year; IP challenged these decisions under APA and RFA.
- IP sought Q-1 visas and argued applicants were unpaid volunteers; USCIS held working conditions and wages must be comparable to local paid workers.
- Court previously denied IP's preliminary injunction; case matured to cross-motions for summary judgment focusing on agency compliance with APA and RFA.
- The court holds the RFA claim is time-barred and moot, and sustains USCIS denials under Chevron deference and substantial-evidence review.
- Jurisprudence governing review of final agency action under the APA requires deference to agency interpretation when Congress left the statute ambiguous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RFA claim viability and timeliness | IP contends new analysis required | USCIS complied; timeliness expired | RFA claim dismissed as time-barred/moot |
| APA claims mootness | Challenging ongoing policy; capable of repetition | Petitions expired; mootness applies | APA claims dismissed as moot |
| Reasonableness of USCIS wage/work-conditions determinations | Wages/conditions should be considered unpaid volunteers | USCIS reasonable, based on regulation | USCIS determinations upheld under substantial evidence |
| Use of Chevron deference | Statutory intent clear; no deference due | Chevron applies; agency interpretation permissible | Agency interpretation permissible; deferential review sustained |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading standard; plausible claim required)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (U.S. 1984) (agency deference for reasonable interpretations)
- Spencer v. Kemna, 523 U.S. 1 (U.S. 1998) (mootness exceptions require capable of repetition)
- Burlington Northern R.R. Co. v. Surface Transportation Bd., 75 F.3d 685 (D.C. Cir. 1996) (two-year duration precedent; mootness)
- AT&T Corp. v. FCC, 86 F.3d 63 (D.C. Cir. 1996) (APA review standard for final agency action)