Hiring a Skilled Immigration Attorney Can Keep Your Seasonal Business on Track
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At Hall Law Office, we strive to connect businesses and people to the solutions they need to thrive. For organizations that need seasonal employees, this sometimes means fighting legal battles when the deck is unfairly stacked due to red tape and technicalities. We recently had one such opportunity to help a business that was playing by the rules and wasn’t granted fair treatment by the Department of Labor. We hope that this story may serve others to know that there are simple solutions to seemingly insurmountable problems when you have the right people on your side.
When Applications are Denied Homefront S&D, LLC reached out to Hall Law Office after an application denial from the Department of Labor seemed unfair. They were in need of H-2B workers. They’d filed their paperwork on time, advertised on time, and thought their application would be certified. The Department of Labor (DOL) had other thoughts. The DOL accepted Homefront’s application on a Friday afternoon. As a result, Homefront took 17 days to finish its advertising, not the 14 days allowed. Homefront submitted its recruitment report and waited for approval. The DOL’s response to Homefront: Application denied.
How Hall Law Office Finds Practical Solutions To solve this problem, we first reached out to our contacts in the Department of Labor’s Office of the Solicitor (the DOL’s lawyers). Because we saw no movement on the part of the DOL, Hall Law Office was left with no option but to litigate. We prepared a proper request for review. This is necessary because unless the request for review is technically correct, the DOL’s judges Administrative Law Judge won’t consider it.
Drawing on our years of experience with these judges, we wrote a brief challenging the Department of Labor’s unfair and unlawful denial. We argued that it was unjust to deny Homefront’s application because Homefront couldn’t comply. The Department of Labor’s only argument was that Homefront hadn’t complied and claimed that is was irrelevant whether or not they could have complied.
The judge ruled that the Department of Labor was applying its regulations unreasonably and unfairly. The judge sided with us and Homefront, ruling that certification should have been granted. The Department of Labor was ordered to certify Homefront’s application, allowing them the opportunity to hire H-2B workers. It was a proud moment for us and we feel privileged that we were able to help.
Expertise in Immigration Law Means Results The lessons from Homefront’s experience are important for anyone who may find themselves needing to contest a ruling by the Department of Labor. At Hall Law Office, we are committed to defending those who need our services. But we also strive to educate and advise business owners and employees before they do. Knowing your rights and knowing when to seek outside help are elemental on the path to justice.
There are a few takeaways we want you to keep in mind. First, You can fight City Hall. It is possible to get unreasonable actions by the Department of Labor overturned. Second, Clear regulations aren’t always clear! If you look at the DOL’s regulation, it says 14 days. If that’s all Homefront knew, they’d have had no chance to hire H-2B workers this season. Hiring someone who is well-versed in law and policies and aware of how the DOL works in practice can make all the difference. Finally, you need someone on your side who will not be intimidated. Often, skillful pushback can see that justice prevails.
We certainly hope that you don’t find yourself in a situation where you need representation. But if you do, please know that you are not alone and that there are solutions to your problem. We have proudly contributed to fairly fighting on behalf on businesses and employees for many years.
Don’t hesitate to contact us if you have questions or concerns regarding work eligibility, visas, or applications for seasonal employees. We are here and we are ready to help!