USA H-2B Temporary Work Visa Partial Relief Matters

13 Jun 2018

Federal Register Scenario

On May 14, 2018, the final rule regarding H-2B Cap Relief for the Fiscal Year 2018 was conveyed to the Office of Management and Budget, for its reviewing. This was published in the Federal Register on May 31^st, 2018. It permits additional 15,000 visas for employers who were harmed irreparably owing to inability in obtaining visa employees. As an evidence of the harm, they must gather supporting evidence of the harm. In the case of employers who make this request in between April 1st and April 14^th as the starting date they also need to conduct an additional test in the labor market to ensure that there is a shortage of labour domestically.

More petitions for beneficiaries

Presently, USCIS has received more petitions for beneficiaries than the existing numbers of available H-2B visas in the supplemental cap. This happened in the first five days of the visa release. Therefore the USCIS conducted a lottery to select the petitions randomly for H-2B visas. Employers seeking relief may again face obstruction in their efforts.

Data explains that the Department of Labor, which issues Labor Certifications, endorsed the genuine need for 142, 113 H-2B workers. There were 89,001 H-2B workers who sent a request to start their employment on April 1^st, 2018. Obviously, by issuing 15,000 visas together with 33,000 as target for the 2018 Fiscal Year gives only limited relief for employers.

The small business owner

The small business owner is presently facing peculiar circumstances. He has to either Close the doors or avert a portion of the workload. Another measure is to continue to lobby with the Congress to pass a permanent relief in the H-2B program.

Refusing business for lack of labor or suspending business operations overall does not synchronize with the concept of President Trump's to Make America Great Again.

Moreover there is a political divide in Washington, regarding the H-2B program and is a matter of management and growth.

Four Senators are in correspondence with the Secretary of Homeland Security and also the Secretary of Labor Alexander Acosta expressing their concern to opt for increasing the number of H-2B temporary non-agricultural visas. These have been issued without better protection to American workers and visa holders. Moreover there is no enforcement of wage and safety laws at workplace.

The Fate of Advocacy

The advocates who favor H-2B point out the fact that there is historic low unemployment rate of 3.8% at the national level and 1.9% in some parts of the country. This provides a proof that the country needs the program. Simultaneously the people who oppose H-2B point out human trafficking, vulnerability of workplace abuse, and debt bondage as the reasons to reduce reliance of employers on the H-2H program.

The demand of the situation now is to understand the needs of small business holders as well as the needs of the US workforce, and balance them accordingly.

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