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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NTRA: Additional 20,000 H-2B Visas Available In First Half Of Fiscal Year

The National Thoroughbred Racing Association (NTRA) is pleased to report that the U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B visas for the first half of fiscal year 2022 that ends on March 31, 2022. This is the first time the DHS has provided supplemental H-2B visas in the first half of a fiscal year.

“Tremendously high demand for H-2B visas has led to this unprecedented move by the DHS and DOL,” said NTRA President and CEO Alex Waldrop. “Competition for these visas has been fierce for many years but is particularly so in today's strong job market. We encourage affected trainers to act quickly.”

The supplemental H-2B visa allocation consists of 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.

This nonimmigrant visa program is used by many industries that need temporary non-agricultural help when domestic workers are unavailable. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30).

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 without sufficient help.

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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.

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