By Bill Wright
An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce. The application was denied, in part because the same employer had also filed for H2-B visas for seasonal drivers for 9 months: Summer-Fall-Winter. According to the Department of Labor’s Board of Alien Labor Certification Appeals, the employer’s need was obviously year-round or, to put it another way, the employer failed to establish a season when it did NOT need drivers. Relying on business revenue to show that available work slowed in the Summer also failed because the business had also slowed the previous year in January, April, May and November. In re L&R Trucking LLC, BALCA Case No.: 2016-TLN-00070 (Oct. 17, 2016).