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BALCA holds that COVID-19 staffing shortages do not meet definition of temporary in H-2B program

Pandemic can’t justify temporary foreign hires

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BALCA confirmed in Matter of Tofte General Store, Inc. that staffing shortages due to the COVID-19 pandemic do not meet the H-2B program’s definition of temporary as there is not a set deadline for the COVID-19 pandemic to end. As a reminder, the H-2B program may be used for temporary labor needs with a definite end date in the future.