1 The spelling of Hassan's first and last names varies in the record. Here we use the spelling which DVAMC set out in its January 30, 1998 request for a hearing. See Attachment 7 to Administrator's Brief in Support of Summary Judgment ("Adm. Initial S. J. Mot.").
2 We deem these to be motions for "summary decision" as that term is used in the rules of practice for administrative hearings at 29 C.F.R. § 18.40 (2001).
3 At the time of DVAMC's application for Hassan, the Immigration and Naturalization Service ("INS") was the agency which issued visa petitions. 20 C.F.R. § 655.740. On March 1, 2003, however, the INS ceased to exist as an independent agency under the umbrella of the U.S. Department of Justice and its functions were transferred to the newly formed Department of Homeland Security. See Ahmed v. Department of Homeland Sec., 328 F.3d 383, 384 n.1 (7th Cir. 2003); Homeland Security Act of 2002, Pub. L. No. 107- 296, 116 Stat. 2135 (Nov. 25, 2002). As before, the State Department still issues H-1B visas. 8 U.S.C.A. § 1201.
4 DVAMC stated that the prevailing wage rate was $87,420 even though the Texas Workforce Commission, the State's SESA, had previously informed DVAMC's law firm that the prevailing rate for Hassan's job was $106,300. Adm. Initial S.J. Mot. at 2 and Att. 1 at Admission 12.
5 The ALJ also found that the ACWIA amendments retroactively applied to this case. D. & O. at 3-4. Because we have determined that the ALJ erred in finding that DVAMC met the regulatory definition of a Government research organization, we need not address his decision regarding the retroactivity issue.
6 Respondent's Counter Motion in Response to Administrator's Motion for Summary Judgment at 8.
7 Respondent's Response to the Administrator's Second Request for Admissions at Response 18 and Response 16.