Departments of Homeland Security, Labor Adding 20,000 H-2B Visas

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have agreed to offer 20,000 additional H-2B visas to employers for positions starting on or before March 31, 2022. These visas are used by employers, such as racehorse trainers, who seek seasonal guest workers.

“This addition of H-2B visas is helpful for the horse racing industry, as we continue to see high demand for workers by employers,” said NTRA president and CEO Tom Rooney. “At the same time, the NTRA supports relief from the burdensome annual H-2B visa cap to enable affected employers to stabilize their businesses through a permanent returning worker exemption. We urge both departments to permanently reform the program.”

DHS is also providing additional flexibilities to H-2B petitioners under its general programmatic authority by allowing nonimmigrant workers in the United States in valid H-2B status and who are beneficiaries of non-frivolous H-2B, to begin work with a new employer after an H-2B petition is filed and before the petition is approved, generally for a period of up to 60 days. This provision clarifies portability eligibility for beneficiaries of pending petitions.

Of these additional 20,000 visas, 6,500 are reserved for nationals of the Northern Triangle countries of Honduras, El Salvador and Guatemala and 13,500 for returning workers.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

For more information, view the temporary final rule in the Federal Register.

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DHS Orders Halt to Mass Worksite Immigration Raids

Edited Press Release

Secretary of Homeland Security Alejandro Mayorkas directed the U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS) Tuesday to stop mass worksite raids and to take actions to promote a fair labor market by supporting more effective enforcement of wage protections, workplace safety, labor rights and other employment laws and standards.

In accordance with a memorandum issued by Secretary Mayorkas, ICE, CBP, and USCIS will develop and update policies to enhance the Department's impact in supporting the enforcement of employment and labor standards. The agencies must also develop strategies for prioritizing workplace enforcement against unscrupulous employers and, through the exercise of prosecutorial discretion, facilitate the participation of vulnerable workers in labor standards investigations. The memorandum also calls for broader and deeper mechanisms for coordination with interagency partners to enforce worker protections.

“This is welcome news for the many horse industry businesses and employers, including trainers who pay close attention to labor laws,” said NTRA President and Chief Executive Officer Alex Waldrop.

The complete text of the memo can be found here.

The post DHS Orders Halt to Mass Worksite Immigration Raids appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Department Of Homeland Security Orders Halt To Mass Worksite Immigration Raids

Secretary of Homeland Security Alejandro Mayorkas on Tuesday directed the U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS) to stop mass worksite raids and to take actions to promote a fair labor market by supporting more effective enforcement of wage protections, workplace safety, labor rights and other employment laws and standards.

In accordance with a memorandum issued by Secretary Mayorkas, ICE, CBP, and USCIS will develop and update policies to enhance the Department's impact in supporting the enforcement of employment and labor standards. The agencies must also develop strategies for prioritizing workplace enforcement against unscrupulous employers and, through the exercise of prosecutorial discretion, facilitate the participation of vulnerable workers in labor standards investigations. The memorandum also calls for broader and deeper mechanisms for coordination with interagency partners to enforce worker protections.

“This is welcome news for the many horse industry businesses and employers, including trainers who pay close attention to labor laws,” said NTRA President and Chief Executive Officer Alex Waldrop.

The complete text of the memo can be found here.

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Additional H-2B Visas Available For Second Half Of Federal Fiscal Year

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) issued a joint temporary final rule that was published today in the Federal Register and offers 22,000 additional H-2B visas to employers for the second half of the federal fiscal year that ends on September 30, 2021. These visas are used by employers, such as racehorse trainers, who seek seasonal guest workers. They are capped at 66,000 annually, with an even split of 33,000 available for each half of the federal government's fiscal year. Six thousand of these supplemental visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador and Guatemala.

“The 22,000 H-2B visas offered through this rule issued by the DHS and DOL will be helpful to employers who rely on the H-2B visa program, including trainers, but many more of these visas are ultimately required to satisfy the need,” said NTRA President and CEO Alex Waldrop. “For that reason, the NTRA, through its involvement in the H-2B Workforce Coalition, supports additional relief from the burdensome annual H-2B visa cap through a permanent returning worker exemption.”

Employers can find eligibility and filing details here.

This past December, the Consolidated Appropriations Act of 2021 became law and included a provision that provides the Department of Homeland Security (DHS) with the discretionary authority to release an additional 64,176 H-2B visas when significant need is demonstrated. The NTRA supports all efforts to make additional visas available to seasonal businesses struggling with labor issues.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

Demand for H-2B visas often exceeds their availability and the cap level is quickly reached, leaving employers in need. For the second half of federal fiscal year 2021, DHS announced that by February 12 it had received enough H-2B worker petitions to reach the congressionally mandated cap of 33,000 visas allotted.

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