H-2B Visa | Horse Racing Free Tips

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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KEEP: President’s Suspension Of New H-2B Visas ‘A Massive Blow’ To Kentucky’s Equine Industry

The Kentucky Equine Education Project (KEEP) released the following response to President Donald Trump's announcement that no new H-2B visas would be issued in 2020:

On Monday, June 22, 2020, President Trump issued an order that extends the federal government's suspension of new H-2B visas, as well as other work visas, through the end of the year. This order, as with the previous order issued in March, claims to open up new jobs to Americans during a time of record unemployment. However, when it comes to the Kentucky horse industry, this order will put our industry at severe risk.

H-2B visas are critical to Kentucky's horse industry. During a typical year, the demand for H-2B visas vastly outpaces the supply. To fully suspend the issuance of these visas is a massive blow to the Commonwealth's signature industry.

KEEP represents and advocates on behalf of the entire horse industry in Kentucky – all horse breeds and disciplines. KEEP's goal is to preserve, promote and protect Kentucky's signature $4 billion industry. Without a workforce that can meet the demands of the growing industry, it will be difficult for that economic impact to continue at the same level, especially as we are working to recover from the global pandemic.

KEEP is contacting Kentucky's Senators and Representatives in Washington to make them aware of this issue. Additionally, KEEP has joined with other businesses and trade associations across the country who are impacted by this decision to provide a response to the President and to the Congress.

Because the horse industry deals with animals that must be cared for, regardless of the pandemic, it is imperative that the industry can hire the labor force it needs. Additionally, equine operations across the state are working to ensure that their employees have necessary PPE and can work in a safe environment. Fortunately, due to the outdoor nature of the industry, it makes this much easier.

KEEP, through a partnership with the Kentucky Chamber of Commerce Workforce Center, has spent the last two years building the framework for a talent pipeline that will bring more Kentuckians into the horse industry. While we are confident that this will result in an increase in the homegrown workforce for our industry, this will not happen overnight. With unemployment in Kentucky reaching alarming levels, we are hopeful that Kentuckians will look to the horse industry for employment. However, historically, there has not been an affinity for these types of jobs.

Kentucky is leading the country when it comes to the horse industry and its economic impact. With nearly 80,000 jobs, more than 238,000 equines and 35,000 horse operations in Kentucky today, KEEP feels strongly that the industry will recover from the pandemic. However, without a full workforce, that future is in danger. KEEP will continue advocating to ensure that Kentucky's horse industry has an adequate labor pool to meet our workforce needs and will continue developing career pathways for Kentuckians to join this industry.

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