WASHINGTON — An administrative law judge ruled in favor of the US Department of Labor (DOL) over Smithfield Foods’ documentation for temporary labor certification under the H-2B program.

The H-2B program enables employers to hire foreign workers to perform temporary nonagricultural jobs within the United States. Temporary labor certifications are permitted on a one-time occurrence, seasonal, peak load or intermittent basis.

Smithfield applied for temporary labor certification, citing a peak load need, specifically for the period of Oct. 1, 2023, to July 31, 2024. The company requested certification to hire 29 “general production meat processors” through the H-2B program.

The certifying officer denied Smithfield’s request on account of two main deficiencies: failure to sufficiently demonstrate the requested standard of the peak load need and failure to establish the temporary need for the number of workers requested.

Smithfield Fresh Meat Corp. appealed for review by the Board of Alien Labor Certification Appeals.

The case is one of 10 ongoing disputes between Smithfield and the DOL, each involving the H-2B program in different processing plants nationwide.

Smithfield objected to the consolidation of the cases on the grounds that two separate employers are in question as well as differing issues and facts. According to court documents, Administrative Law Judge Natalie Appetta believed Smithfield showed “good cause” as to why they should not be consolidated. Separate decisions will be made for each case.