Shawn M Packer, Principal Member and Lynn Jacquez, Of CounselIn a conversation with Manage HR magazine, Lynn, along with Shawn, who is currently donning the role of the Principal Member at JPH Law Firm, share insights into the company’s expertise in several legal practices, public policies, and government affairs advocacy.
What are the factors that led to the inception of JPH Law Firm?
Shawn: We started in January of 2021 following my departure from the DOL. Before this, I was a Senior Advisor to the Secretary of Labor and the Assistant Secretary of the Employment and Training Administration on immigration matters. I mostly remained engaged with the foreign labor certification programs implemented by DOL. Once I left the department, Lynn and I decided to partner up and start JPH Law Firm.
Our core strengths are centered on helping employers with the process of bringing in seasonal guest workers into the country. We assist them in resolving conflicts, addressing concerns about upcoming policies, issues around individual filings, and responding to notices of deficiencies, appealing denials, and assisting in crafting temporary needs statements. We also perform compliance audits for wage and hour checks and maintain constant communication.
What are some of the challenges your clients face?
Shawn: Agricultural employers and associations that utilize the H-2A program are a significant part of our clientele. This program helps employers bring in temporary foreign workers to be employed working in agriculture. Most of these clients face issues with the changing interpretations of statutes and regulations at DOL. They also have to undergo DOL’s review of their temporary need and determination of seasonality. In the H-2A program, the workers themselves must intend to come to the U.S temporarily. The employer, too, is required to have a temporary need that is often tied to a season of growing and harvesting crops. The DOL is very stringent in their scrutiny and is modifying their interpretation without going through notice and comment rulemaking. In response, we help employers combat this threshold problem with DOL because the immigration process cannot be completed without DOL’s certification and approval.
Another major concern that clients face currently is around travel restrictions, vaccination mandates, and compulsory testing requirements. The employers we represent bring workers from several countries, including Mexico, Honduras, Guatemala, El Salvador, Jamaica, and South Africa.
But with the recent restrictions, employers face a massive challenge in bringing guest workers into the country. We are upping our ante to help them by coordinating with the consulates and the administration. We further assist in applying for national interest waivers, especially when all these workers are essential to ensure the continuum of the food supply chain.
Could you provide us with some customer success instances?
Shawn: Over the summer, we collaborated with a large U.S. manufacturer who has utilized the H-2B program for many years. This program applies to individuals engaged in landscaping, manufacturing work, construction, and even the hotel industry. As this client faced inquiries from DOL regarding their requirement for guest workers, we went in and successfully defended them by appealing to the department’s administrative law judges. In doing so, we overturned the certifying officer’s decision and helped them get the approval to bring in the required workers.
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We have participated in several regulatory and legislative reforms to underlying labor and temporary worker programs
Lynn: We have participated in several regulatory and legislative reforms to underlying labor and temporary worker programs. Our team was a critical part of passing legislation through the House of Representatives last year. We have constantly engaged in negotiations with the U.S Senate for bringing this reform to the Senate floor.
How have you distinguished yourself in the space?
Shawn: The biggest differentiator where we obtained our experience within the immigration space, Lynn on the Judiciary Committee, and myself from working within the Administration at DOL. Several individuals with 20 to 30 years of experience in the immigration space have extensive knowledge and expertise with regulations and reforms, entirely by observing from outside the Administration and Congress. In contrast, my tenure at the DOL and the direct experience of working directly with adjudicators of the immigration petition has enhanced my ability to assist clients and lead them in the right direction. Alongside that, Lynn is working within the Judiciary Committees and aiding in the drafting of the laws that we are working with right now.
What does the future roadmap look like for your company?
Shawn: We have always kept a keen eye on the regulatory reforms that are taking place. We are expecting DOL to publish some reforms on the adverse effect wage rate and the H-2A program itself within the next 12 months. With the adverse effect wage rate, we have observed the expansion of the wage by almost six to ten percent annually, while a farmer’s ability to sell their products for more has not increased. This drastic growth outpaces both ECI and CPI year over year, making it extremely expensive and difficult for farmers to participate in the H-2A program, the only lifeline many have to the drastic labor shortages we are currently seeing. In essence, our firm is watching and anticipating participating in some federal APA challenges to regulations implemented by the administration.
