Employer Denied H-2B Workers For Not Filing Newspaper Ads

Law360, Washington (October 19, 2017, 7:40 PM EDT) -- The Board of Alien Labor Certification Appeals on Wednesday upheld a U.S. Department of Labor denial of a request to hire seasonal construction workers because the employer failed to establish it had posted ads in local newspapers before seeking foreign seasonal workers, as required.

BALCA affirmed a certification officer's denial of DDM Hauler Inc.’s request to hire H-2B Visa workers in Texas despite accepting amendments submitted post-denial that addressed problems with the application, noting DDM Hauler still did not provide copies of the claimed ads.

“The [certifying officer] also refers to the revised recruitment report sent after the denial, noting that...

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