H-2B Visa | Horse Racing Free Tips

Visa Cap Increased for 2022

The U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) will publish 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 Mar. 31, 2022, the National Thoroughbred Racing Association announced in a Monday press release.

“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-Mar. 31) and 33,000 for workers who begin employment in the second half of the fiscal year (Apr. 1-Sept. 30).

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Introduction Of Returning Worker Exemption Act Could Help Solve Racing’s Labor Shortage

This week's Senate introduction of the H-2B Returning Worker Exemption Act of 2021 could help solve the labor shortage constantly facing racing's backstretch, according to a report in the Thoroughbred Daily News.

The bill is written to allow H-2B workers from any of the previous 3 years to qualify as returning workers, which are generally exempted from the annual cap on H-2B visas. It is also designed to help streamline the application process.

“This is something we've always advocated for,” said Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association (HBPA). “And this has been the first time, at least since I've been in my current role, there's been a strong champion for that.”

Read more at the Thoroughbred Daily News.

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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.

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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U.S. House Passage Of Immigration Bill Applauded By Kentucky Equine Education Project

The Kentucky Equine Education Project (KEEP), Kentucky's equine economic advocate, released the following statement on Thursday regarding the U.S. House of Representatives' passage of H.R. 1603, the Farm Workforce Modernization Act of 2021:

“KEEP commends the U.S. House of Representatives for its the passage of H.R. 1603, the Farm Workforce Modernization Act of 2021, which addresses the labor crisis facing many agriculture operations across the country by reforming the H-2A visa process, providing a path to legal status for farm workers, and implementing a nationwide E-Verify system.

“While this bipartisan legislation does not affect H-2B visas, which are also used by the Kentucky horse industry, it does impact H-2A visas, which are critical to horse breeding operations. KEEP calls on Congress to address the vast shortages of H-2B visas in future immigration legislation to meet the needs of Kentucky's horse industry.

“In addition to advocating in support of smart and sensible immigration reforms to address the labor shortages of Kentucky's horse industry, KEEP has invested heavily in promoting career opportunities within the industry to Kentuckians in order to create a homegrown workforce.”

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