Texas, [July 31, 2024] – MN Trucking, a Texas-based company specializing in hauling waste dirt and bulk materials for government construction and demolition projects, has faced a significant setback in its quest to secure H-2B truck drivers. The company’s application to hire 15 H-2B truck drivers was recently denied due to a lapse in regulatory compliance and missed deadlines.
Despite MN Trucking’s assertion that it had exhausted all resources in recruiting U.S. drivers and needed H-2B workers to expand operations, its application fell short of meeting critical regulatory requirements. The company claimed a peakload temporary need for the drivers, but failed to provide sufficient documentation to substantiate this claim.
On May 2, the Office of Foreign Labor Certification issued a notice of deficiency, requesting additional documentation to address issues with the application. MN Trucking, represented by owner Gilmer Mendoza-Lemus, requested an extension to gather the necessary documents. However, the regulations did not allow for such an extension, leading to the denial of the application once the 10-day response period expired.
In response to the denial, MN Trucking sought an administrative review, submitting 300 pages of supplementary documents. Mendoza-Lemus, acknowledging his unfamiliarity with the H-2B labor certification process, received some sympathy from Administrative Law Judge Drew Swank. Nevertheless, the judge upheld the denial and advised Mendoza-Lemus to seek professional assistance in future applications, suggesting that consulting an H-2B broker might be beneficial.
“The employer’s lack of experience with the H-2B program and regulatory complexities contributed to the denial,” said Judge Swank. “It is highly advisable for employers in similar situations to consider seeking expert guidance to navigate the H-2B visa process effectively.”
MN Trucking’s experience highlights the critical importance of understanding and adhering to H-2B application procedures. For companies new to the H-2B process, engaging with experts and brokers who specialize in H-2B visas could be essential in preventing such setbacks and ensuring compliance with regulatory requirements.
