A request to hire H-2B workers was denied due to a missing job order filing with the local workforce agency. The original request included hiring 20 foreign workers under the H-2B program for seasonal, nonagricultural jobs. The case was heard on appeal by the Board of Alien Labor Certification Appeals. The original finding was upheld in the appeals court.

While the company filing the request stated they submitted a draft job order, it was not properly submitted to the state agency’s portal. The judge in the matter said that although regulatory requirements are ‘admittedly lengthy and sometimes confusing’, H-2B compliance requirements must be met.

The H-2B program requires employers to first try to find U.S. workers for the roles. As proof, employers must provide proof of advertisements, including job postings to their local workforce agencies.

For all things immigration, it’s critical to know and understand the full depth of requirements. If you have questions about any type of immigration program for your company, contact us at ILBSG. We work with you to ensure thorough compliance.

h-2b Visa compliance