Fowler, CA — California-based Trius Trucking has been denied certification to hire temporary foreign workers under the H-2B visa program. The Department of Labor’s Board of Alien Labor Certification Appeals recently upheld the Office of Foreign Labor Certification’s (OFLC) decision to reject Trius Trucking’s request for dozens of H-2B truck drivers, citing multiple deficiencies in the company’s application.
The Initial Application and Attempts to Amend
Trius Trucking initially filed for certification on May 9, seeking 124 H-2B drivers for a period from July 1, 2024, to July 1, 2025. However, the OFLC identified three major issues:
- The application was filed outside the required filing window.
- The request failed to justify the need for the high number of drivers.
- The company did not adequately establish that its need for drivers was temporary.
In response to OFLC’s feedback, Trius Trucking attempted to amend its application by changing the start date and reducing the number of drivers requested from 124 to 40. The revised start date was pushed to September 1, 2024, but this change ultimately backfired, putting them outside the permitted filing window again.
High Turnover Rates Cited as Justification
In its application, Trius Trucking claimed that the COVID-19 pandemic had significantly worsened turnover rates, leading to a shortage of drivers. The company argued that it faced “extremely high turnover” similar to large carriers, which reportedly exceeded 90% during the pandemic. Trius asserted that this turnover caused trucks to sit idle, directly impacting revenue and increasing recruitment and training costs.
However, turnover rates in the trucking industry have historically been high, even before the pandemic. According to data from the American Trucking Associations (ATA), turnover rates for large carriers reached 94% in 2018 and had exceeded 90% consistently since 2015.
Market Conditions and Overcapacity Post-Pandemic
The trucking industry’s landscape has shifted dramatically since the pandemic. Following a surge in freight demand during the pandemic, the market saw a spike in the number of authorized carriers. Data from the Federal Motor Carrier Safety Administration (FMCSA) indicates that nearly 350,000 property-carrying carriers were active by the end of 2021, marking an increase of almost 78,000 carriers in just one year. However, by 2022, as freight demand normalized, the industry faced overcapacity, leading to a downturn in rates and a prolonged freight recession.
None of these broader market conditions factored into Trius Trucking’s application. Instead, the application faltered due to basic filing errors.
Application Denied Due to Filing Window Errors
According to federal regulations (20 C.F.R. Section 655.15(b)), H-2B applications must be submitted between 75 and 90 days prior to the requested start date. Trius Trucking’s initial filing, with a start date of July 1, was 53 days out—falling short by over three weeks. Even after being alerted to this issue, the amended date of September 1 was 115 days away, missing the window on the opposite end by more than three weeks.
Given these filing errors, the administrative law judge did not address the other deficiencies related to turnover rates or the temporary nature of the driver need. The application was ultimately denied.
What’s Next for Trius Trucking?
With the denial of its H-2B application, Trius Trucking faces an uphill battle in addressing driver shortages and maintaining operational capacity. The company will need to explore alternative strategies to overcome the challenges posed by high turnover rates and an evolving market landscape.
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