A group of visa holders was granted an H-2A extension due to ongoing supply chain issues. The U.S. Department of Labor (DOL) appeals board affirmed the extension, however, stated it is not a blanket justification. The appeals board overturned a certifying officer’s previous denial.
The H-2A visa holders were retained to complete a construction project. However, due to supply chain issues, were not able to finish the project on the estimated timeline. As such, the DOL extended their visas an additional eight months. The Board of Alien Certification Appeals (BALCA) emphasized that supply chain disruptions aren’t a direct reason to approve extensions, however, the case clearly outlined the impact on the specific project.
Employers can request an H-2A extension for visa holders if affected by “weather conditions or other factors beyond the control of the employer.”
In the finding, the judge stated that BALCA recognizes that general supply chain problems due to the pandemic aren’t unforeseeable at this point. As such, this approval is not a basis of support for other requests for H-2A extensions. Cases brought to BALCA will be reviewed and determined based on the individual facts of each case.
If you have questions about a visa extension or any other immigration-related issue, contact us at ILBSG. We continue to monitor case findings and policy updates to ensure our clients get the right advice.
