Minnesota company's H-2B program violations result in debarment, fines

The U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) has been increasing its compliance enforcement in the past couple of years. Recently, the WHD found a Minnesota lawn care and snow removal company violated the terms of the H-2B visa program.

Background on H-2B visa program

More and more companies are filing requests for agricultural and nonagricultural workers each year because of the shortage of U.S. workers to fill the positions. U.S. Citizenship and Immigration Services (USCIS) doesn't limit the number of visas for agricultural workers (H-2A). It does limit, however, the number of visas for other guest workers using the H-2B program.

Companies use the H-2B visa for temporary, seasonal nonagricultural work such as landscaping, snow removal, or resort/hotel labor. The limit on the visas creates an increasing demand. USCIS runs a lottery similar to that of the H-1B for professional workers.

'Harsh' settlement in Minnesota case

Valdes Lawn Care and Snow Removal LLC in Lake Elmo settled the case with the WHD. The company lost the right to participate in the H-2B program for three years and will have to pay more than $250,000 in fines, back wages, and other damages.

While the settlement terms may sound harsh, one purpose of having the DOL involved in immigration applications is to protect U.S. workers' jobs and wages. Another goal is to protect vulnerable foreign workers who are dependent on their employers for their legal immigration status.

Steps for hiring foreign workers through H-2B program