Construction Co. Can't Get Migrant Workers For Framing Work

Law360 (November 19, 2019, 4:38 PM EST) -- A South Dakota building framing company can't get certification for 35 H-2B workers because it didn't prove a peakload temporary need for additional helpers, the Board of Alien Labor Certification Appeals has found.

Falls Framing LLC showed that it may have a temporary job opportunity for carpenters on a Florida project but didn't prove a temporary need for more workers, the appeals board said Monday in upholding an earlier decision by a certifying officer for the Office of Foreign Labor Certification.

"A temporary job opportunity is not the same thing as a temporary need for workers," Administrative Law Judge Richard M....

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