Jones v. Tri-County Growers, Inc.

NEELY, Justice:

The West Virginia apple harvest season extends for a period of approximately six weeks beginning in September of each year. It is essential that apple growers have an adequate work force to pick the harvest, Historically, West Virginia or-chardists have been unable to recruit sufficient workers to harvest their crop. An employer who anticipates a labor shortage of local workers may request temporary labor certification for foreign workers. Because the importation of foreign workers from countries with depressed economies would, in the absence of controls, depress the wages and…