The H-2B program allows employers to hire non-immigrants to perform non-agricultural work or services on a temporary basis. Employers are required to attest to the Department of Labor that it will pay the workers at a level that meets or exceeds the highest prevailing wage, applicable Federal, state, or local minimum wage for the occupation the non-immigrant worker will be filling. The program also requires employers to meet recruitment and displacement standards to ensure U.S. workers are protected. The number of visas is capped at 66,000, but the Department of Homeland Security (DHS) has the authority to release as many as 30,000 additional visas. DHS released those visas very late in the process in 2019.
Reform should include fundamental changes in determining the number of employment-based and seasonal worker visas, providing a system that emphasizes market demands. NCA supports reforms that would:
- Improve the employment-based green card system to keep talent within the United States;
- Streamline and simplify the procedures for the temporary, seasonal or non-immigrant visa;
- Allow for temporary and seasonal workers and immigrants to meet the needs of employers without displacing American workers; and
- Enhance the flexibility in responding to demands for the skills necessary to grow America’s economy.