H-2B Visas: Near-Term, Longer-Term

By Laurie Flanagan & Craig Regelbrugge

On April 8, the Department of Homeland Security’s U.S. Citizenship and Immigration Services held a listening session to inform the agency about the need for supplemental H-2B visas this fiscal year and the potential impact of more visas on U.S. workers. The Department said it is looking into the issue very seriously and wanted to hear from the public. All but three commenters spoke about the importance of the H-2B program to their businesses and their U.S. workforce. Commenters included representatives from landscape, hospitality, outdoor amusement, forestry, golf, and other industries. Following the call, the H-2B Workforce Coalition submitted official comments https://t.e2ma.net/click/p0jxcd/9nz8k1/192j6q. On April 20, DHS announced it plans to release 22,000 supplemental visas, with 6,000 of those prioritized for the Northern Triangle countries (El Salvador, Guatemala, Honduras). Any that go unused may be released for general use at some later date.

At least some new visas would be helpful if made available right away. But more would be justified. Again, the H-2B Workforce Coalition released a statement https://t.e2ma.net/click/p0jxcd/ 9nz8k1/h23j6q calling for even more visas to address the demonstrated need for seasonal workers, and urging expedited Federal Register notice and prompt release of additional visas. We are also concerned that the Labor Department might try to force employers with an approved labor certification to do something to “retest the labor market,” which would mean further delays and complications. More as it develops.

Finally, we also continue to urge Congress to pass legislation to permanently address the H-2B cap by reinstating a permanent H-2B returning worker cap exemption. We expect bipartisan H-2B relief legislation to be introduced in the next few weeks. You can act now https://t.e2ma.net/click/p0jxcd/9nz8k1/xu4j6q to let your Representative know you support reinstating the H-2B returning worker exemption. •