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No. 20-17132 in the UNITED STATES COURT of APPEALS Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-5, Page 1 of 276 No. 20-17132 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATIONAL ASSOCIATION OF MANUFACTURERS, et al., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 4:20-cv-4887-JSW The Hon. James S. White DEFENDANTS-APPELLANTS’ EXCERPTS OF RECORD Volume 5 of 6 ER 685–957 JEFFREY BOSSERT CLARK JOSHUA S. PRESS Acting Assistant Attorney General Trial Attorney WILLIAM C. PEACHEY United States Department of Justice Civil Division, Director Office of Immigration Litigation MATTHEW J. GLOVER District Court Section Senior Counsel to the Assistant P.O. Box 868, Ben Franklin Station Attorney General Washington, DC 20044 GLENN M. GIRDHARRY Phone: (202) 305-0106 Assistant Director Fax: (202) 305-7000 e-Mail: [email protected] AARON S. GOLDSMITH Senior Litigation Counsel Attorneys for Defendants-Appellants Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-5, Page 2 of 276 TABLE OF CONTENTS ECF DATE DESCRIPTION PAGES No. 31-16 07/31/2020 Exhibit - State Department Report ER 0685 31-17 07/31/2020 Exhibit - State Department Report ER 0688 31-18 07/31/2020 Exhibit - Classes of Nonimmigrants Issued ER 0690 Visas for FYs 2015–19 31-19 07/31/2020 Exhibit - Article ER 0692 31-20 07/31/2020 Exhibit - Au Pair Program ER 0696 31-21 07/31/2020 Exhibit - Camp Counselor Program ER 0706 31-22 07/31/2020 Exhibit - Intern and Trainee Programs ER 0709 31-23 07/31/2020 Exhibit - Summer Work Travel Program ER 0712 31-24 07/31/2020 Exhibit - Cultural Exchange Program ER 0715 31-25 07/31/2020 Exhibit - Article ER 0721 31-26 07/31/2020 Exhibit - Work Study Report ER 0739 31-27 07/31/2020 Exhibit - NBER Article ER 0764 31-28 07/31/2020 Exhibit - Policy Brief ER 0807 31-29 07/31/2020 Exhibit - SOLE Article ER 0812 31-30 07/31/2020 Exhibit - AEI Article ER 0845 31-31 07/31/2020 Exhibit - MPI Tweet ER 0870 31-32 07/31/2020 Exhibit - NFAP Policy Brief ER 0872 Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-5, Page 3 of 276 31-34 07/31/2020 Exhibit - Article ER 0879 31-35 07/31/2020 Exhibit - H-1B Article ER 0887 31-36 07/31/2020 Declaration of Jonathan Baselice ER 0892 31-37 07/31/2020 Declaration of James Bell ER 0899 31-38 07/31/2020 Declaration of Zane Brown ER 0904 31-39 07/31/2020 Declaration of Nicholas Brummel ER 0908 31-40 07/31/2020 Declaration of Jack Chen ER 0913 31-41 07/31/2020 Declaration of Scott Corley ER 0923 31-42 07/31/2020 Declaration of Stephanie Hall ER 0935 31-43 07/31/2020 Declaration of Mike Leman ER 0938 31-44 07/31/2020 Declaration of Tom O’Gorman ER 0943 31-45 07/31/2020 Declaration of Marcie Schneider ER 0947 Case:Case 4:20-cv-04887-JSW20-17132, 11/20/2020, Document ID: 11901254, 31-16 DktEntry: Filed 07/31/20 22-5, Page Page 4 of1 of276 3 Hughes Declaration Exhibit 15 ER 0685 Case:Case 4:20-cv-04887-JSW20-17132, 11/20/2020, Document ID: 11901254, 31-16 DktEntry: Filed 07/31/20 22-5, Page Page 5 of2 of276 3 ER 0686 Case:Case 4:20-cv-04887-JSW20-17132, 11/20/2020, Document ID: 11901254, 31-16 DktEntry: Filed 07/31/20 22-5, Page Page 6 of3 of276 3 ER 0687 Case:Case 4:20-cv-04887-JSW20-17132, 11/20/2020, Document ID: 11901254, 31-17 DktEntry: Filed 07/31/20 22-5, Page Page 7 of1 of276 2 Hughes Declaration Exhibit 16 ER 0688 Case:Case 4:20-cv-04887-JSW20-17132, 11/20/2020, Document ID: 11901254, 31-17 DktEntry: Filed 07/31/20 22-5, Page Page 8 of2 of276 2 ER 0689 Case:Case 4:20-cv-04887-JSW20-17132, 11/20/2020, Document ID: 11901254, 31-18 DktEntry: Filed 07/31/20 22-5, Page Page 9 of1 of276 2 Hughes Declaration Exhibit 17 ER 0690 Case:Case 20-17132,4:20-cv-04887-JSW 11/20/2020, Document ID: 11901254, 31-18 DktEntry: Filed 07/31/20 22-5, Page Page 10 2of of 276 2 Table XVI(A) Classes of Nonimmigrants Issued Visas (Including Border Crossing Cards) Fiscal Years 2015-2019 Class of Nonimmigrant 2015 2016 2017 2018 2019 Totals 10,891,745 10,381,491 9,681,913 9,028,026 8,742,068 A Foreign Government Official 112,585 113,581 109,913 113,820 110,028 B-1 Temporary Visitor for Business 43,421 40,105 39,712 38,705 37,841 B-1/B-2 Temporary Visitor for Business and Pleasure 7,199,807 6,881,797 6,276,851 5,708,278 5,297,439 B1/B2/BCC Combination B1/B2 and Border Crossing Card 1,203,876 1,106,723 1,073,915 1,032,467 1,106,852 B-2 Temporary Visitor for Pleasure 63,387 43,564 42,037 32,428 28,829 C Transit 21,540 21,080 19,335 15,652 14,344 C-1/D Combination Transit/Crew Member 280,664 295,140 293,285 288,957 285,477 CW Commonwealth of Northern Mariana Islands 3,737 8,972 6,846 3,550 3,787 Transitional Worker D Crew Member 6,339 6,322 7,202 6,689 8,133 E Treaty Trader or Investor 59,221 64,329 62,974 60,438 63,178 F Student 677,928 502,214 421,008 389,579 388,839 G Representative/Staff of International Organization 44,616 44,814 45,316 46,169 47,489 H Temporary Worker and Trainee 477,780 532,832 563,248 593,191 619,305 I Representative of Foreign Information Media 14,447 14,536 14,126 11,874 11,312 J Exchange Visitor 374,829 380,120 383,165 382,219 391,561 K Fiance(e) of U.S. Citizen 35,559 44,252 40,208 28,662 41,087 L Intracompany Transferee 164,604 165,178 163,432 153,099 157,708 M Vocational Student 11,462 10,694 9,982 9,683 9,518 N Certain Relatives of SK Special immigrants 18 21 9 22 24 NAFTA NAFTA Professional 21,608 24,530 25,731 28,189 32,233 NATO NATO Official 6,247 6,336 6,588 7,398 7,954 O Person With Extraordinary Ability in the Sciences, 23,680 28,171 30,038 30,259 31,831 Arts, Education, Business, or Athletics P Athlete, Artist or Entertainer 33,978 35,695 36,196 36,075 36,957 Q International Cultural Exchange Program 1,901 2,025 1,935 1,997 2,029 Participant R Person in a Religious Occupation 6,256 6,424 6,831 6,307 6,288 S Informant Possessing Information on Criminal 0 1 0 0 0 Activity or Terrorism T Victim of Severe Form of Trafficking in Persons 508 472 473 435 386 U Victim of Criminal Activity 1,747 1,563 1,557 1,884 1,639 ER 0691 Case:Case 20-17132,4:20-cv-04887-JSW 11/20/2020, Document ID: 11901254, 31-19 DktEntry: Filed 07/31/20 22-5, Page Page 11 1of of 276 4 Hughes Declaration Exhibit 18 ER 0692 Case:Case 20-17132,4:20-cv-04887-JSW 11/20/2020, Document ID: 11901254, 31-19 DktEntry: Filed 07/31/20 22-5, Page Page 12 2of of 276 4 ER 0693 ÿÿCase:Case !ÿ "#ÿ20-17132,4:20-cv-04887-JSW$!!#!ÿ#ÿ%ÿ"#& 11/20/2020, "ÿ"'"ÿ&ÿ!%ÿ Document ID: 11901254, 31-19! ÿ#ÿ%ÿ(%ÿ)% DktEntry: Filed 07/31/20 22-5,%ÿ %%! 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