In April 2024, TCIA joined the H-2B Workforce Coalition’s letter to leaders of the U.S. Senate and U.S. House of Representatives Appropriations Committees, urging these lawmakers to include provisions in the Fiscal Year (FY) 2025 Department of Homeland Security (DHS) appropriations bill that would increase the number of visas available under the H-2B program for seasonal workers. Additionally, the letter encourages Congress to maintain long-standing H-2B regulatory provisions that have been included in the Department of Labor’s (DOL’s) funding bills since FY 2016.

Background: The H-2B Visa Program

The H-2B program allows employers in the United States to hire nonimmigrants on a temporary basis for nonagricultural work or services. This employment is typically for a short duration due to a one-time occurrence, seasonal demand, peak-load needs or intermittent requirements. The H-2B program has played a critical role in assisting tree care companies, enabling them to address labor shortages during peak operational seasons when domestic workers are scarce.

Employers seeking to hire H-2B workers must assess the U.S. labor market, ensuring that hiring foreign workers will not negatively impact wages and working conditions for similarly employed U.S. workers. Simultaneously, employers must provide compensation to H-2B workers “that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage or local minimum wage…”

H-2B workers are instrumental in supporting U.S. businesses, particularly at a time like now, when labor shortages are impeding business growth and opportunity. As the current cap rests at 66,000 visas, the H-2B Workforce Coalition’s letter requests an increase tied to current economic demand to satisfy seasonal labor demands in various industries, including tree care and landscaping. The letter also emphasizes H-2B workers’ efforts in helping businesses fulfill contractual obligations, retain domestic workers and sustain customer loyalty.

The letter also stresses that a visa lottery system should not dictate the success of seasonal businesses and their domestic workforces. It asserts that seasonal businesses require meaningful cap relief to continue driving economic growth and job creation for American workers nationwide.

Recent nods to H-2B cap relief

On April 17, 2024, the House Appropriations Committee held a hearing examining President Biden’s FY 2025 budget request for the DOL. The DOL obtained enforcement authority over certain H-2B program conditions in 2009, including ensuring compliance with labor standards, wage protections and the terms of employment for H-2B workers. DOL Acting Secretary Julie Su testified before the committee and engaged in a notable exchange with Rep. Andy Harris (R-MD) on the H-2B visa program.

Secretary Su noted that companies “should not be going out of business because they cannot get the workers that they need.” Su also recognized that during the first three days of January, the DOL received an application volume four times higher than the cap. The budget request underscores the pressing need for addressing challenges within the H-2B visa program, as exemplified by the significant disparity between application volume and the existing cap.

On May 9, the Senate Appropriations Committee also held a hearing to review the budget request for the upcoming fiscal year, inviting Secretary Su to testify on the DOL’s behalf. Sen. Jeanne Shaheen (D-NH) expressed concern about the difficulty New Hampshire small businesses face in finding seasonal workers and utilizing the H-2B visa program, noting the high demand due to low unemployment rates. However, delays in the DOL’s certification process hinder employers from accessing the necessary visas. Sen. Shaheen sought to understand how the DOL aims to address these processing delays and ensure sufficient funding to expedite the certification process.

In response, Secretary Su reiterated the statistics she presented during the House hearing, acknowledging the heightened demand for H-2B workers.

Later on in the Senate hearing, Sen. Susan Collins (R-ME) encouraged the Secretary to recommend that the DHS “make available the full additional 64,716 H-2B visas for this fiscal year.” This bipartisan support underscores lawmakers’ shared commitment to addressing seasonal labor needs and recognizing the benefits of expanding the H-2B visa program.

Looking ahead

TCIA keeps its membership apprised of legislative efforts to facilitate cap relief. The introduction of H.R. 7574, Closing the Workforce Gap Act of 2024, stimulates the possibility of permanent relief for the H-2B cap, fixing it at the number of H-2B worker positions certified by the DOL in the previous fiscal year. If implemented this year, the cap would have more than tripled the existing 66,000 visas, based on certified positions in FY 2023.

TCIA seeks continued correspondence and collaboration with Congress and federal agencies to advance crucial legislation and fortify the workforce.

Madison Szabo is a legislative assistant with Ulman Public Policy, TCIA’s Washington, D.C.-based advocacy and lobbying partner.