The DOL's requirement that H-2B employers document a temporary staffing need is not satisfied by a general description of Naples as a seasonal destination. The employer must produce its own operational data showing the seasonal fluctuation in its specific business. For a Naples resort, the most persuasive documentation includes monthly occupancy rates or room night data for at least two prior years, payroll records showing the headcount in each position category by month, and an explanation of why the demand spike during the peak season cannot be addressed through permanent hiring. The DOL reviewer evaluating the application looks for internal consistency between the employer's narrative, the data provided, and the number of workers requested.
Employers who have used the H-2B program in prior years have a documentation advantage because they can draw on their existing records to establish the pattern. First-time applicants need to build this record from scratch, and working with Brodzki Jacobs helps ensure the documentation is assembled correctly before the certification application is submitted. An incomplete record at the DOL stage does not simply delay the certification. It can result in a denial that the employer must appeal or reapply to overcome, which pushes the entire timeline back and may prevent the employer from securing cap numbers for that season.
