Dear Chairs Murray and Cole, Vice Chair Collins, and Ranking Member DeLauro:
As representatives of small and seasonal employers throughout the country, the H-2B Workforce Coalition urges you to include meaningful H-2B cap relief in the Fiscal 2025 Department of Homeland Security appropriations bill. Without Congressional action, many employers across the country will be without the critical workforce they need to operate in the coming year. These businesses may not be able to fulfill contracts. They could be forced to turn away customers, lay off American workers whose jobs are supported by H-2B workers, and in some cases shut down their operations entirely.
In a strong economy with low unemployment, the program’s congressionally mandated cap of 66,000 visas is woefully inadequate to meet the seasonal needs of small businesses. The supplemental visas authorized by Congress and made available by the Department of Homeland Security under its current authority have been
helpful, but more predictable cap relief tied to current economic demand is needed.
For FY 2024, the 33,000 first half cap was met on October 11, 2023, and the 33,000 second half cap was met on March 7, 2024. The returning worker supplemental visa cap for the first half of the fiscal year was reached on January 9 and the cap on supplemental visas for the second half of the year was reached on April 17.
Similarly, we encourage Congress to continue the H-2B regulatory provisions that have been included in the Labor, Health and Human Services and Education appropriations bill since 2016. These riders have provided critical regulatory certainty for many businesses across a host of industries; losing them would only make it harder for these businesses to expand their operations and reach their full potential.
The H-2B program is essential to employers who cannot find local temporary workers to fill jobs in seafood processing, horse training, hospitality and amusement parks, forestry, landscaping, circuses, carnivals, food concessionaires, swimming pool maintenance, golf courses, stone quarries and other seasonal industries. Most of
these seasonal businesses need H-2B workers to supplement their American workforce.
The H-2B program relies on well-vetted returning workers who come to the U.S. for seasonal employment and then go home. These workers are not immigrants. Businesses cannot hire H-2B workers unless the U.S. Department of Labor certifies that the company is unable to find American workers to fill their job openings and
that the employment of foreign nationals will not adversely impact the wages and working conditions of U.S. workers. They provide an opportunity for U.S. businesses to operate at a greater capacity, retain their full-time workers and contribute to their local economies. Seasonal workers help support many upstream and downstream
jobs. Every H-2B worker is estimated to create and sustain 4.64 American jobs.
The fate of seasonal businesses and their domestic workforce should not be dependent upon a lottery. Seasonal businesses need meaningful cap relief so they can continue to generate economic growth and job creation for American workers across the country. We urge you to include H-2B cap relief in the Fiscal 2025 Department of Homeland Security appropriations bill and continue the long-standing H-2B regulatory relief provisions in the Fiscal 2025 Department of Health and Human Services, Labor and Education appropriations bill.
cc: Members of the Senate Committee on Appropriations
Members of the House Committee on Appropriations