Trius Trucking’s Bid to Hire H-2B Truck Drivers Denied by Department of Labor

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:

  1. The application was filed outside the required filing window.
  2. The request failed to justify the need for the high number of drivers.
  3. 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.

Stay updated with Freight Relocators for more insights on how regulatory changes impact the trucking industry.

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Electric Chicken

Well-Known Member

27,116 messages 23,166 likes

H-2B should be an automatic rejection for trucking. There's no driver shortage.

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Rigjockey

In Gord we trust!

28,990 messages 29,764 likes

Here we have a TFW's Temporary Foreign workers and LMIA workers LMIA being Labor Market Impact Assessment. LMIA a company must prove they can not hire a Canadian to do the job. That is easily done when you file all Canadian applications in the circular file and advertise pay well below market value. This has driven down wages substantially!
I hope America does not go down that same road and they were right to deny H-2B visas. Driver turnover rates probably have something to do with labor standards and pay of the company trying to import workers. Pay market value, abide by labor standards and there will be no shortage of drivers.
H-2B visas issued for a job like truck driver will only result in wage suppression and compromise safety on the roads.

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389 Hood

Well-Known Member

5,036 messages 6,995 likes

Offer a substantial pay and benefit package and they will be knocking at your door. Those are the companies that hire by word of mouth. If you open up a job posting site and see the same companies with standing ads, those are the ones to just skip right over, because those standing ads are there for a reason.

Then if you should get a look at the equipment, it's old, antiquated, the drivers are 'dirty' looking, no uniform look to their clothing and there isn't a straight front bumper in the fleet. Sorta reminds me of Penn Tank Lines down here. What a motley crew they are.

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Hillbilly Canuck

Well-Known Member

3,845 messages 4,744 likes

It's gotten so bad that some of them even mention their LMIA right in the job ads not even trying to hide that they're not looking for Canadians. Either that or they mention you should have a US visa to come work there. A CANADIAN does not need a VISA to cross into the states so it's pretty clear what they're after.

I'm half heartedly looking for work right now so I'm seeing a fair number of them. I say half heartedly because it's a bit of a blessing that I'm not working at the moment. We're working our bags off doing the last bits to get this house listed and full time employment is not conducive to that.

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Rigjockey

In Gord we trust!

28,990 messages 29,764 likes

@Hillbilly Canuck are you planning on heading east or west?

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Hillbilly Canuck

Well-Known Member

3,845 messages 4,744 likes
Rigjockey

In Gord we trust!

28,990 messages 29,764 likes

I wasn't sure because many people are moving to Alberta but I know you got family out east.
Newfies are good people.

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389 Hood

Well-Known Member

5,036 messages 6,995 likes

They have a language all unto themselves.

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Duck

Sarcastic remark goes here

28,928 messages 39,778 likes

I thought these H-whatever visas were so medical and tech companies can import EDUCATED foreigners, with unique, specific knowledge and skills not easily found in the US population.

The Department of Labor classifies truck drivers as unskilled or semi-skilled labor. There are plenty of Americans willing to do the job. They shouldn't be allowed to use these foreign worker programs as a source of cheap labor.

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Hillbilly Canuck

Well-Known Member

3,845 messages 4,744 likes

We kicked around the idea of Alberta for about a hot minute but figured we would REALLY never see anyone again then. We've wanted to for years and I suppose we just finally quit coming up with reasons not to.

The kids have been out there a lot over the years and I think it's a much better place to finish raising them. They're so excited I was just telling my wife I think I just got more work out of my oldest in the last week than that schoolhouse did all last year.

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Rigjockey

In Gord we trust!

28,990 messages 29,764 likes

You hit the nail right on the head!
There are already plenty of truck drivers that are no longer in the industry and plenty that would take a job as a truck driver if the wages and work conditions were better. There is no reason to import truck drivers other than to drive down wages.
Imagine what the wages would be like if these Visas did not exist.

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