Seasonal Workers / H2B Visa

BACKGROUND

H-2B visas allow foreign nationals to work for a sponsoring employer to fill seasonal positions (except in agriculture) on one-time projects intermittently or during times of exceptionally high workload.  By law, before H2-B workers can be hired, employers must advertise through the state and federal labor departments and hire U.S. workers for these positions. H-2B workers will be approved only if openings remain after domestic recruitment. Visa holders are required to return to their home country at the end of their work period.

 

Since 1990, when this visa category was established, the H-2B visa program has been capped at 66,000 visas per year. This cap has been reached every year since 2004, leaving many U.S. employers with a severe labor shortage. The U.S. Chamber of Commerce, with its allies in the H-2B Workforce Coalition, has urged Congress to remedy this problem to help small businesses that need these seasonal workers.  Congress responded by exempting temporary seasonal workers who had participated in the H-2B visa program during one of the past three fiscal years and abided by other regulations from counting towards the cap. However, this relief expired at the end of 2007.

 

On June 1, 2009, following the release of reform principles from the National Immigration Forum, the Chamber said it would resist the commission’s efforts to control immigration.  The Chamber’s Randel K. Johnson, vice president of Labor, Immigration, and Employee Benefits, said: "The free market is by far the best tool for setting immigration quotas and picking immigrants.  Employers need and will continue to fight for a market-based immigration system.” Johnson also added: “To succeed, a new future flow visa program should have adequate numbers and must be sufficiently free of bureaucracy to be usable by employers and employees."


IMPLICATIONS FOR GOLF COURSE OWNERS & OPERATORS

 

An increasing number of owners and operators depend on this short-term visa program to augment their American workforce. If owners and operators are not able to hire seasonal help through the H-2B program, especially during periods of heavy play when their courses require their most maintenance, conditions at some facilities will suffer. As a consequence, participation rates could drop and revenues could be significantly affected.

 

WHERE WE STAND

 

The NGCOA shares the U.S. Chamber of Commerce view that the increasing reliance of employers on the H-2B category, combined with the fact that the workers cap has been reached two years in a row, supports the need for immigration reform to meet the economic needs of small business owners in our country. 

 

While some employers are able to take advantage of the H-2B category, many are shut out completely because their jobs do not meet the temporary requirements.  Artificial caps and an outdated, bureaucratic system actually encourage illegal immigration. We applaud the U.S. Chamber’s work toward comprehensive immigration reform that expands and streamlines the temporary visa category for short-term and seasonal jobs, creates a means for employers with long-term jobs to access the immigration system, and addresses the status of the millions of undocumented workers who are already participating in our industries and economy.  

 

WHAT THE NGCOA IS DOING

 

The NGCOA is continuing to monitor the situation and will make members aware of any changes to laws affecting the H-2B visa program or other labor issues.

 

WHAT YOU CAN DO

 

Make your congressional representatives aware of your need (if applicable) and the golf industry’s need for seasonal workers available through the H-2B program.

 

Click here to be directed to our Legislative Action Center, where you can quickly send a custom email/letter directly to your representatives.

WHERE TO LEARN MORE

Letter to Senate and House Conferees asking them to retain the H-2B fix and the green card recapture provision in the Emergency Supplemental bill -- April 27, 2005

Key Vote Letter to the Senate urging them to fix to the H-2B Program -- April 19, 2005

Immigration Issues (Issues)
 

June 1 - U.S. Chamber Resists Immigration Commission to Control Flow of Workers (Press Release)
 

Immigration and Related Border Issues (Priorities)
 

Immigration (Accomplishments)
 

October 27 - Bipartisan Support for U.S. Chamber's Challenge to Oklahoma Immigration Law (Press Release)

News

Labor recruiting company accused of running human trafficking ring (Los Angeles Times) All other defendants have been arrested or accounted for, according to FBI spokesman Tom Simon in Honolulu.A receptionist answering phones at Global Horizons said no one was available for comment. Their passports were confiscated ... and threats were made if any of them dared to try to escape....    more...