Zirkle Fruit Company grows blueberries and hires temporary agricultural workers for its blueberry har-vest. Zirkle is unique in that its blueberries are har-vested by hand. There are insufficient numbers of domestic workers available for the short-term hand-picking and Zirkle has hired workers through the H-2A visa program to meet its needs. The Department of Labor passed a new wage standard that requires Zirkle to pay a collective-bargain wage to his H-2A visa workers. Zirkle has always had an exception in the past because the purpose of the wage requirements is to be sure foreign workers do not depress agricultural worker wages. Zirkle says that can never happen because they do not want the work on his farms. Explain how Zirkle can challenge the new rule.