State of California v. Mullin

Summary

The court denied the defendants' motion to stay pending appeal the district court's judgment vacating the policy that implemented a $100,000 payment requirement for H-1B visa petitions. Applying the four-factor stay test, the court concluded that the defendants had not made a strong showing of likely success on their claim that the policy was within statutory authority or was not final agency action, and that the remaining factors at most presented a mixed picture. The court also granted two motions for leave to file amicus briefs.