Is a seasonal or peakload need established if the employers customers, because of budget constraints or a holiday season, do not request the labor/services during one certain period of the year?
In order to establish a seasonal need, the employer must establish that its services or labor is traditionally tied to a season of the year by an event or pattern, and is of a recurring nature. The employer can establish a seasonal need for temporary foreign workers if it can establish a clear pattern of when temporary foreign workers are needed regardless of the reasoning behind the need. The employer must specify the period(s) of time during each year in which it does not need the services or labor. An employer providing services whose clients no longer require those services because of a predictable cyclical budget constraint or a holiday season, and can demonstrate that its own need for workers during those weeks or months is then eliminated, demonstrates a temporary need. (Training and Employment Guidance Letter (TEGL) 21-06, Change 1, Section II.D.2.
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