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So far Bernard Firm has created 11 blog entries.

Understanding the Impact of the Supplemental H-2B Cap Allocation

The U.S. has significantly expanded access to H-2B visas, adding 64,716 slots to the usual 66,000, a move set to transform seasonal labor dynamics across industries like hospitality, landscaping, and more. This expansion aims to distribute visa access more evenly throughout the year, helping various industries secure the necessary workforce without the fierce competition that typically arises early in the year.

Strategic Visa Allocation and Industry Benefits

The strategic release of supplemental visas ensures industries that peak in early spring, such as landscaping, don’t consume the annual quota prematurely. This approach not only benefits […]

By |2024-04-17T17:16:59+00:00April 17th, 2024|H-2B|0 Comments

Farm Labor Contractors may no longer be able to utilize the agricultural exemption of the Fair Labor Standards Act

The Supreme Court is considering accepting review of the case of Vanegas v. Signet Builders Inc, where a construction company argued that they should be exempt from paying overtime wages to their H-2A workers who were building a farm.

The construction company claimed that they fell under the agricultural exemption of the Fair Labor Standards Act (FLSA), which exempts certain workers who are engaged in agricultural work from receiving overtime pay. The lower court ruled against the construction company, but they have appealed to the Supreme Court.

The construction company argues that […]

By |2023-05-04T13:07:49+00:00May 4th, 2023|Farm Labor|0 Comments

Wage Rate Increases for H-2A May Pose a Hurdle to Employers and further inflate food costs

The H-2A program is a temporary agricultural worker program that allows agricultural employers to hire foreign workers for seasonal agricultural work in the United States. The H-2A program is designed to help farmers and other agricultural employers find workers during peak season when there are not enough domestic workers available. However, finding workers through the H-2A program can be challenging due to competition from other agricultural employers.

One of the biggest concerns for employers using the H-2A program is the cost of labor. The H-2A program requires employers to pay their foreign workers […]

By |2023-05-01T13:36:24+00:00May 1st, 2023|H2-A|0 Comments

U.S. Regulations: Truck Driver’s Guide

Federal agencies that regulate the trucking industry Transportation regulations are issued by three different organizations: the Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and the National Highway Safety Administration (NHTSA). New rules for truck drivers might come from any of these three agencies each year. States may also issue their own regulations.

Hours of Service

Truck drivers are only allowed to drive so many hours before taking a break or getting some sleep. The term “Hours of Service” refers to the maximum amount of time drivers are permitted […]

By |2022-11-22T18:32:25+00:00November 22nd, 2022|Dept of Labor|0 Comments

Final Rule: Modifications to the Regulation of Temporary Agricultural Employment of H-2A Non Immigrants

The U.S. Department of Labor (“Department” or “DOL”) published its final rule on October 12, 2022: “Temporary Agricultural Employment of H-2A Non immigrants in the United States”, effective on November 14, 2022.

This final rule amends the standards and policies by which the DOL grants certification of agricultural labor or services to be performed by H-2A workers on a seasonal or temporary basis, and enforcement of the contractual obligations applicable to employers of H-2A workers.

What changes does the Final Rule bring for employers and H2A workers?

The main provisions […]

By |2022-11-03T19:20:14+00:00November 2nd, 2022|H2-A, Dept of Labor|1 Comment

Jose Ageo Luna Vanegas v. Signet Builders Inc. No. 21-2644 (7th Cir. 2022)

Jose Ageo Luna Vanegas, a Mexican citizen, was employed by Signet Builders Inc., a nationwide construction company, to work in the U.S. on an H-2A visa, to execute agricultural work in the U.S. on a temporary basis. Vanegas was assigned to build livestock structures on farms in Wisconsin and Indiana. He commonly worked more than 40 hours a week, and yet Signet did not pay him extra for his overtime hours.

Vanegas filed a complaint under the Fair Labor Standards Act (FLSA) and moved for conditional certification of a collective action on behalf […]

By |2022-10-17T16:39:47+00:00October 15th, 2022|H2-A|0 Comments

What Do the Election Results Mean for Immigration?

The US will have a new President on January 20, 2021

The US will have a new President on January 20, 2021Following the last day of voting on November 4 and an extensive counting session that ran through the night for many days in many states, the votes have been tallied enough to state that the US will have a new President on January 20, 2021. Regardless of political party affiliation, everyone can agree that President Joe Biden will make changes to immigration policy and […]

By |2020-12-02T16:32:47+00:00December 2nd, 2020|Governments|0 Comments

Covid Travel Restrictions

Covid Travel Restrictions

Can I Travel in the Time of Covid?

The uncertainty and upheaval in the times of Covid-19 has spilled over to the realm of immigration.  The President has issued several proclamations concerning the virus and restricting different visas types and travel from certain countries.  In addition, travel has been complicated for many non-US citizens, because many US consulates abroad are operating at reduced capacity, if at all, so appointments may not available.

Geographic Restrictions in Place

In the first half of the […]

By |2020-11-09T18:23:45+00:00November 9th, 2020|Travel|0 Comments
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