Sayer Regan & Thayer, LLP
Call For Your Free Initial Consultation
800-803-7699

Pandemic Not Reason Enough for H-2B Hiring

On behalf of Sayer Regan & Thayer of Sayer Regan & Thayer, LLP posted on Thursday, January 6 , 2022.

The U.S. Department of Labor (DOL) has ruled that the labor shortage crisis resulting from the extended COVID-19 pandemic is not a “one-time occurrence” that would justify the hiring of additional employees under the H-2B temporary worker program.

The H-2B program allows U.S. employers to hire foreign workers to fill non-agricultural positions on a temporary basis. The employer must file an application with DOL and demonstrate that a “temporary” need for foreign workers exists due to a one-time occurrence, the seasonal nature of the business, a short-term spike in demand, or the intermittent nature of the work.

The DOL issued its ruling in a case involving a small grocery store that had applied to hire additional foreign workers on a temporary basis because they were unable to attract U.S. workers at an affordable rate. However, according to the DOL, labor shortages alone do not justify a finding that an employer’s need for workers is temporary in nature. The DOL declined the grocery store’s H-2B application, ruling that the worker shortage could not be ruled as a temporary event that would “end in the near, definable future.”

For further information and assistance in H-2B visas and other immigration related issues, please contact Sayer, Regan & Thayer toll-free at 866-378-5836 or 401-324-9915.

These materials have been prepared by SRT for informational purposes only and are not intended and should not be construed as legal advice.

No Comments

Leave a comment
Comment Information

Contact Our Attorneys

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

130 Bellevue Avenue
Newport, RI 02840

Toll Free: 800-803-7699
Phone: 401-324-9915
Fax: 401-849-4330
Newport Law Office Map

343 C Main St.
Wakefield, RI 02879

Toll Free: 800-803-7699
Phone: 401-324-9915
Fax: 401-783-0660
Map & Directions