Biden Administration urged to raise cap on H-2B visas now

U.S. Travel Association issued the following statement on the announcement that the H-2B visa cap for the second half of FY 2022 has already been met:

“With the H-2B visa cap already met and millions of jobs still open, it is evident that a workforce shortage is threatening to hold back industries across the economy, especially in Leisure & Hospitality. The cap on H-2B visas must be raised to ensure travel businesses are adequately staffed—particularly ahead of the busy summer travel season when so many businesses rely on temporary workers to perform vital operations like housekeeping, lifeguarding and food service.

“Raising the cap on H-2B visas has strong bipartisan support in Congress, as the action would have a clear and immediate benefit to businesses that are struggling to rebound from historic workforce shortages. With more than 1.7 million job openings in the Leisure & Hospitality sector alone, we respectfully urge the administration to exercise the authority given by Congress to release additional H-2B visas above the cap, which is necessary for an even recovery across all sectors of travel.”

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peakload need or intermittent need.

The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable Federal minimum wage, the State minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification.

The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

The Wage and Hour Division has been delegated enforcement responsibility by the Department of Homeland Security effective January 18, 2009, to ensure H-2B workers are employed in compliance with H-2B labor certification requirements.

The Wage and Hour Division may impose administrative remedies such as wage payments and civil money penalties against employers who violate certain H-2B provisions.