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Citing the COVID-19 pandemic as a pretext for emergency rulemaking, the Department of Labor issued a rule in mid-October 2020 creating a series of new restrictions on the H-1B visa program that would have slammed the door on talented workers in hard to fill specialty and technical roles. (The Department of Homeland Security issued a companion rule not challenged in this case). The rule was especially unsound because it was directly issued as a final rule, with no notice or opportunity to provide comment on its harmful impacts despite cost estimates that put the rule among the most expensive federal rules ever issued. The NAM joined with the U.S. Chamber of Commerce and TechNet to file an amicus brief in support of the lawsuit, arguing that the rule is unlawful and hugely detrimental to American competitiveness.