Skip to Content

Press Releases

DOL’s Sluggish H-2B Approval Process is Putting Small Businesses Out of Work

WASHINGTON, D.C., July 7, 2023
WASHINGTON – Today, Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Workforce Protections Subcommittee Chairman Kevin Kiley (R-CA) sent a letter to Acting Secretary of Labor Julie Su regarding processing delays of H-2B applications. The Department of Labor (DOL) is required to take first action on applications within seven days, yet it’s taken 90 days for many applications. These delays are having devastating consequences for small employers dependent on a stable, seasonal workforce. 
 
In the letter, Foxx and Kiley write: “We write regarding long, damaging delays in processing applications for labor certifications regarding H-2B workers. … We have received information from employers that DOL is not meeting its regulatory deadlines for processing applications, causing substantial harm to businesses. Many employers must receive H-2B workers by the spring and, therefore, must receive a first action notice by mid-February. This year, however, more than half of these applications did not receive a first action notice until well after mid-February.”
 
The letter continues: “Substantial delays not only disregard DOL regulations, but they also are devastating for employers. These are, after all, seasonal jobs such as landscaping and groundskeeping. These businesses, many of which are small businesses, cannot function without workers performing services in narrow timeframes.”
 
Foxx and Kiley conclude by asking several questions about how DOL is addressing H-2B processing delays: 
  • What has caused delays at DOL in processing H-2B applications?
  • What percentage of DOL employees who are responsible for processing H-2B applications work remotely some or all of the time?
  • What role does remote work of DOL employees have in causing delays in processing H-2B applications?
  • What steps has DOL taken to address the delays, which can be devastating to businesses that rely on H-2B workers? 
  • Will DOL be taking any additional steps to address H-2B application processing delays? 
Read the full letter here.
Stay Connected