Hispanic Affairs Project v. R. Alexander Acosta

Millett, Circuit Judge:

For all the pastoral images it may invoke, tending to a flock is no easy task. Livestock herders often spend months at a time living in makeshift campsites on a remote range, on call twenty-four hours a day to protect the herd. Given the spartan and isolated working conditions, the sheep and goat industries have become almost wholly dependent on foreign labor to work as herders. Many of these foreign workers come to the United States on what are known as H-2A visas, which allow nonimmigrants to enter to perform certain agricultural work. By law, H-2A visas may issue…