Texas, [Date] – 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.
For further information or inquiries, please contact:
Contact Information:
Business Name: Aztec Foreign Labor, Inc.
Website: azteclabor.com
About MN Trucking:
MN Trucking is a Texas-based subcontractor specializing in hauling waste dirt and bulk materials for government construction and demolition projects. The company is dedicated to expanding its operations and achieving growth through effective workforce solutions.