Fast Food & Counter Workers – Mobile Food Concessions

Work description

Our family has been in the Carnival Business all our lives, providing entertainment, rides, games and concessions on a seasonal basis. This company was established in 2017 and incorporated in 2018. Congress has recognized the inherent seasonality of the mobile entertainment business as detailed in the Fair Labor Standards Act section 13(a)(3). The U.S. DOL has also noted the unique nature of the mobile entertainment business and this application is being filed under the long-standing special procedures that the Department established and incorporated into the current regulatory framework for these mobile, multi-generational, seasonal, small family businesses. We have a seasonal need for these workers, recurring on a predictable annual basis. We are open for a specific season each year, a traveling business, the work is evenings and weekends, and therefore it is very difficult to find workers willing to leave their homes and families to travel to each of our venues. We have been unable to hire sufficient available workers in the U.S. to fill the posted positions with the show. Our business has a seasonal need for these workers, recurring on a predictable annual basis. We are open for a specific season each year, are a traveling business, the work is evenings, weekends and holidays, making it extremely difficult for us to locate workers ready, willing and able to leave their homes and families to travel to each of our venues along our itinerary. We have been unable to hire sufficient available workers in the U.S. to fill the posted positions with the show and have needed temporary seasonal workers to augment our U.S. Workforce and to sustain our business. For the past several seasons, this need has been recurrent annually from early January to early November. We completely cease our mobile operations from early November to early January and do not have any permanent workers in this job category. The number of workers required to operate our show is obviously dictated by the equipment (food concessions) that we operate at our various locations, the hours of operation, and the number of workers that are required to safely (for the workers themselves, their fellow workers and for the public) maintain and operate those rides, games and food concessions. These are the factors that I take into consideration as I calculate my need for workers so that I can accurately complete this application process, remain compliant with and strive to protect the integrity of this vital H-2B non-immigrant foreign worker program. The temporary need is seasonal, predictable and recurrent annually. For this fiscal year, we calculated and are filing for 29 Fast Food & Counter Workers- Mobile Food Concessions for the period of January 15, 2027, to November 7, 2027. This season we are increasing the number of workers needed, we are attempting to grow our business and have been denied the opportunity for growth due to our inability to hire sufficient staffing for this temporary seasonal business. The H-2B program has allowed us to augment our U.S. workforce and to expand and grow our business. To do this we are adding the following equipment this season (proof of purchase and sale attached): Popcorn/ Ice cream Trailer Hotdog Stand. This additional equipment will necessitate the hiring of 8 additional workers to fully staff and safely maintain and operate. In addition to this, increase to staff the stands that he had and to begin to grow the business. The increase in staffing is due to our predictable plans for growth and development, and the more we grow our business, the more revenue we can provide to the local non-profit civic and charitable organizations that we provide services to, making our carnival more attractive to other fairs, festivals and events. CONTINUED ON ATTACHMENT