
On November 1, 2021, the Department of Labor (DOL) found that labor shortages resulting from the COVID-19 pandemic do not qualify as a “one-time occurrence” justifying the hiring of H-2B temporary workers. The H-2B program allows U.S. employers to hire foreign workers to fill temporary non-agricultural positions in the United States. Before hiring an H-2B worker, the employer must file an application with DOL. In particular, the employer must demonstrate that a “temporary” need for foreign workers exists due to: (1) a one-time occurrence; (2) the seasonal nature of the business; (3) a short-term spike in demand (i.e., a peak load); or (4) the intermittent nature of the work.
Continue Reading DOL Finds that Pandemic is not Sufficiently “Temporary” for H-2B Program