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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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H-2B Visa Program Under Threat From Department Of Labor Appropriations Bill

The U.S. House Appropriations Committee is scheduled to consider the fiscal year 2022 Department of Labor Appropriations bill on Thursday, July 15, and language within the bill could devastate the H-2B visa program. The NTRA urges industry members to contact their Representative immediately and ask for this language to be removed from the bill.

The language of concern appears on pages 46-50 of the bill and would make the H-2B visa program difficult for many employers to use. Specifically, the draft bill would:

Prohibit industries from using the H-2B program if they experienced unemployment in any of the previous 12 months over 10 percent;
Prohibit construction industries from using the program even in seasonal locations or occupations;
Increase the baseline for wages to at least 150% of the federal or state minimum wage, whichever is higher;
Require wage compliance with a collaborative bargaining agreement for your industry in your area, even if you are not a party to the agreement;
Ban participation in the program for labor/workforce related infractions outside of the scope of the H-2B program.

“This appropriations bill contains alarming language for any business or industry that relies on the H-2B visa program to operate,” said NTRA president and CEO Alex Waldrop. “We ask trainers and others in horse racing to contact their Representative today to help get this language removed.”

As suggested by the H-2B Workforce Coalition, of which the NTRA is a member, industry members should:

Call your representative today and ask him or her to urge the House Appropriations Committee leadership and their Party Leadership to remove Sections 116, 117 and 118 of Fiscal Year 2022 Labor, Health and Human Services, Education, and Related Agencies Subcommittee Appropriations Bill before the legislation is considered by the Appropriations Committee on Thursday. You can reach your Representative through the Capitol Switchboard at 202-225-3121. Once connected to the office, please ask to speak to the staff person who handles Department of Labor appropriations.
Send an email to your Representative using this link

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.

About the NTRA
The NTRA, based in Lexington, Ky., is a broad-based coalition of more than 100 horse racing interests and thousands of individual stakeholders consisting of horseplayers, racetrack operators, owners, breeders, trainers and affiliated horse racing associations, charged with increasing the popularity, welfare and integrity of Thoroughbred racing through consensus-based leadership, legislative advocacy, safety and integrity initiatives, fan engagement and corporate partner development. The NTRA owns and manages the NTRA Safety and Integrity Alliance; NTRA.com; the Eclipse Awards; the National Horseplayers Championship; NTRA Advantage, a corporate partner sales and sponsorship program; and Horse PAC®, a federal political action committee. NTRA press releases appear on NTRA.com, Twitter (@ntra) and Facebook (facebook.com/1NTRA).

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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.

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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