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22K Additional H-2B Visas Available for Second Half of Fiscal Year

The U.S. Department of Homeland Security and Department of Labor issued a joint temporary final rule published Tuesday in the Federal Register that offers 22,000 additional H-2B visas to employers for the second half of the federal fiscal year that ends Sept. 30, 2021. The visas, used by employers such as racehorse trainers seeking seasonal guest workers, 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.”

The H-2B visa guest worker program is a nonimmigrant visa program which trainers rely heavily on 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. Employers can find eligibility and filing details here.

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Additional H-2B Visas Will Be Available For Trainers During Second Half Of Fiscal Year 2021

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor have agreed to offer 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. The additional visas will be made available later this spring or early summer via a temporary final rule in the Federal Register. Six thousand of these visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador and Guatemala.

“We are pleased to learn that additional H-2B visas will be available for trainers soon and applaud Homeland Security Secretary Alejandro Mayorkas and Labor Secretary Marty Walsh for this action,” said NTRA President and CEO Alex Waldrop. “At the same time, the NTRA supports relief from the burdensome annual H-2B visa cap through a permanent returning worker exemption and urges both departments to reform the program accordingly, enabling affected employers to stabilize their businesses.”

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

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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President Lifts Several Immigrant, Non Immigrant Travel Restrictions; H-2B Visa Cap Reached

President Joe Biden issued a Proclamation on Wednesday, Feb. 24, 2020, to revoke Proclamation 10014 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak) and sections of related Proclamations that added nonimmigrants to the travel suspension. Click here to view President Biden's Proclamation.

Originally issued on April 20, 2020, by then-President Trump and extended by him in June and December through sections of Proclamations 10052 and 10131, respectively, Proclamation 10014 prevented certain immigrants and nonimmigrants from traveling to the United States. Included in this group were individuals who either were selected to receive the opportunity to apply for visas – including H-2B visas – through the Fiscal Year 2020 Diversity Visa Lottery or who had already received such visas, causing labor challenges for many industries, including the horse racing industry. President Biden's Proclamation revokes these restrictions.

In other foreign worker developments, the U.S. Department of Homeland Security (DHS) announced that it had received enough H-2B worker petitions by February 12 to reach the congressionally mandated H-2B visa cap of 33,000 visas for the 2nd half of fiscal year 2021.

In December, the Consolidated Appropriations Act of 2021 became law and included a provision that provides the DHS with the discretionary authority to release an additional 64,716 H-2B visas when sufficient need is demonstrated. The NTRA, through its involvement with the H-2B Workforce Coalition, supports efforts to make these additional visas immediately 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, racehorse 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.

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Omnibus Legislation Will Allow Current H-2B Visa Provisions To Continue

A series of current H-2B visa program provisions are set to continue as part of omnibus legislation passed Monday by Congress.

H-2B visa program policies set to continue include:
Authority for the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), to increase the H-2B cap for fiscal year 2021 by up to approximately 69,000 visas if it determines that the needs of seasonal businesses cannot be met with U.S. workers;
Continuation of the use of private wage surveys for prevailing wage determinations;
A prohibition against DOL enforcing the corresponding employment and three-quarters guarantee provisions of its H-2B regulations relating to total work hours; and
Provisions extending the maximum employment season for up to 10 months, as opposed the nine-months in current DOL regulations.

The NTRA, through its involvement with the H-2B Workforce Coalition, supports efforts for comprehensive reform of the guest worker visa program.

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