You need the best help for your business, and sometimes that means importing workers. But failed labor certifications can mean a lot of time and money wasted. Appealing the process can solve these woes, or you might be doubling-down on a loss.
Certifying nonimmigrant visas is no small task. The U.S. looked over nearly 300,000 requests for H-2A and H-2B visas in 2018, and they turned down over 33,000 of those applications. When your application is one that gets turned down, you could have the option to pursue an appeals process, but it’s wise to consider if it’s really in your best interest.
Coping with denial
Once your application is turned down, there are steps you can take to turn the decision around:
- Refiling: If the Department of Labor had a quick enough turnaround time, you could refile if your recruitment is still eligible. This could be the answer in case of a mistake, like submitting incorrect information on an employee.
- Reconsideration: The next step could be to request that the Certifying Officer (CO) take another look at the application. The CO will likely aim their second look at finding a systematic or judgment error or taking additional clarification into account.
- Review: Sometimes appended to the previous stage or in lieu of it, a review can take place if the CO stands firm in their decision. The Board of Alien Labor Certification Appeals handles this step, and they will likely only review the information you submitted to the CO.
Business at odds
Appealing labor certification denials can be a very long, complicated process. There are often specific timeframes that you must meet, and decisions may take longer than starting the entire process over. But limited visa availability and an allowance for extending existing visas may make the process worthwhile. It all depends on your specific situation.
Understanding appeals when dealing with certification denials can be difficult. But knowing the ins and outs of the system can be the difference between years sitting in application purgatory and having the workers your business needs.