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 Soon to be Available During Second Half of Federal Fiscal Year

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 Sept. 30. 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.

“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 Feb. 12 it had received enough H-2B worker petitions to reach the congressionally mandated cap of 33,000 visas allotted.

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NTRA CEO Alex Waldrop Joins TDN Writers’ Room

There's plenty to talk about in racing these days, and NTRA CEO Alex Waldrop joined the TDN Writers' Room presented by Keeneland Wednesday morning to dig into a good deal of the sport's most pressing topics. Calling in via Zoom as the Green Group Guest of the Week, Waldrop talked about how to capitalize and sustain the positive handle trends of the past year, how to pay for the groundbreaking Horseracing Integrity and Safety Act, what movement he expects on H-2B visas with a new administration and more.

“Looking back over the last quarter and even the last half of last year, we were trending five, six, seven percent up over the prior year,” Waldrop said of the increase in handle the sport has seen. “So those trends are very positive. I do think they are related to the fact that new people are coming into the business. They're seeing horse racing as a viable option for the first time. I think that is attributable to a lot of the marketing dollars that were spent in 2020 to get eyeballs on our racing for the first time. And I think that's the way we keep this going. We continue to show our races on television, get more people in front of TV sets, mobile screens, all the distribution channels that we have out there, which are many now and are growing. That's the way to continue to grow.”

“Another way that I think we have to look at in 2021 is to get on more sports betting platforms,” he continued. “Sports betting is spreading across the country. It's a huge and growing business. If we can just get 5% of the number of people who are now betting on these mobile sports betting apps, that would be a huge win for horse racing. And I think in 2021, this is the year to really focus on what we can do to to piggyback on the success of sports betting in this country. To grow our visibility even greater.”

Asked about the tricky issue of funding HISA, Waldrop said that replacing the inefficiencies of racing's current patchwork regulation system will lead to savings on its own.

“HISA and the Authority, is all about centralizing the administration of medication control and racing safety matters. Putting it into one office. There will be significant savings. There'll be efficiencies when you compare costs that we now have for 30 state agencies,” he said. “I think 10 years ago we were spending almost $30 million a year on post race drug testing. That's an astronomical number. I don't think people realized we were spending that much money on drug testing. We're spending more than that now under the 30 state agencies. The second thing to remember is that HISA contemplates a broader-based and more equitable contribution from all industry participants, so not just one group or one tax will be paying for the costs of regulation.”

Elsewhere on the show, the writers reacted to a strong weekend of stakes at Fair Grounds, highlighted some key points from last week's exclusive interview with USADA CEO Travis Tygart and, in the West Point Thoroughbreds news segment, analyzed the passage of a historical horse racing legalization bill in the Kentucky House of Representatives. Click here to watch the podcast; click here for the audio-only version.

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Horseracing Integrity And Safety Act Signed Into Law

The Horseracing Integrity and Safety Act is now law.

The legislation passed by the Senate on Dec. 21 that will put anti-doping/medication control and safety programs under the umbrella of one independent, non-governmental Authority, the Horseracing Integrity and Safety Act was part of a 5,500-plus page, $2.3 trillion bipartisan government funding bill that included $900 billion in coronavirus relief extending unemployment benefits and providing up to $600 in cash payments to individuals. President Donald Trump, whose Treasury Department officials helped negotiate the package, had threatened to veto the bill, in part demanding that the $600 individual benefits be increased to $2,000.

On Sunday night, Trump signed the bill into law.

A previously formed nominating committee can now move forward in naming the nine members who will comprise the Horseracing Integrity and Safety Authority (five independent members from outside of the horse industry, four from within the industry but without current investments or conflicts of interest). The Authority has been charged with contracting with the United States Anti-Doping Agency to oversee the anti-doping/medication control program on a national basis.

Two working committees also will be named. For more information on what comes next, read answers to frequently asked questions, as supplied by Marc Summers, vice president and general counsel for The Jockey Club, which helped steer the legislation through Congress.

Passage of the legislation, originally supported by the grassroots Water Hay Oats Alliance and sponsored in the House of Representatives by Democrat Paul Tonko of New York and Repubolcian Andy Barr of Kentucky, was years in the making. It got fast-tracked earlier this year when Republican Senate Majority Leader Mitch McConnell threw his support behind it after Churchill Downs came on board and joined with other major racing organizations. It passed the House in September on a voice vote and was part of the omnibus bill passed overwhelmingly by the Senate Dec. 21.

The omnibus legislation that is now law includes other measures beneficial to the horse industry, including continuation of H-2B visa programs for foreign workers and extension of three-year tax depreciation for purchase of racehorses and COVID relief for small businesses in the horse business.

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