The Shadow
WASHINGTON (VR) – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined U.S. Sens. Mike Rounds (R-SD), Angus King (I-ME), and a bipartisan group of colleagues in urging the Department of Homeland Security (DHS) and the Department of Labor (DOL) to release the maximum number of Congressionally-authorized H-2B visas for Fiscal Year (FY) 2025.
The H-2B Temporary Non-Agricultural Visa Program allows U.S. employers to hire seasonal, non-immigrant workers during peak seasons to supplement the existing American workforce. In order to be eligible for the program, employers are required to declare that there are not enough U.S. workers available to do the temporary work, as is the case with Virginia’s seafood industry, which relies on H-2B workers for tough jobs such as shucking oysters and processing crabs.
“Many employers turn to the H-2B program to meet their workforce needs to not only sustain their businesses, but also support their American workers. The H-2B program places requirements on employers to recruit U.S. workers, who are intentionally prioritized by the program and also receive demonstrated, positive impacts from their seasonal colleagues. In fact, a 2020 Government Accountability Office report concluded that ‘counties with H-2B employers generally had lower unemployment rates and higher average weekly wages than counties that do not have any H-2B employers,’” wrote the senators.
“The most current employment data illustrates the workforce struggles of seasonal businesses nationwide. The Department of Labor’s Job Openings and Labor Turnover Surveys (JOLTS) show the rate of job openings have increased year over year for the industries that represent the top five H-2B occupations. As you know, the FY 2025 H-2B first half fiscal year cap was met on September 18, 2024—roughly three weeks earlier than the cap was met in FY 2024,” they continued.
Along with Sens. Warner, Kaine, Rounds, and King the letter was signed by Sens. John Barrasso (R-WY), Michael Bennet (D-CO), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Susan Collins (R-ME), Chris Coons (D-DE), John Cornyn (R-TX), Kevin Cramer (R-ND), Mike Crapo (R-ID), John Fetterman (D-PA), Lindsey Graham (R-SC), Maggie Hassan (D-NH), George Helmy (D-NJ), John Hickenlooper (D-CO), Cindy Hyde-Smith (R-MS), Amy Klobuchar (D-MN), Cynthia Lummis (R-WY), Joe Manchin (I-WV), Jerry Moran (R-KS), Lisa Murkowski (R-AK), Pete Ricketts (R-NE), Jim Risch (R-IF), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Dan Sullivan (R-AK), John Thune (R-SD), Thom Tillis (R-NC), Chris Van Hollen (D-MD), Raphael Warnock (D-GA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), Roger Wicker (R-MS), Ron Wyden (D-OR), Kyrsten Sinema (I-AZ) and Tim Scott (R-SC).
Sens. Warner and Kaine are committed to providing long-term relief for seasonal seafood processors through reform of the H-2B program. Last year, the Senators pushed for the Department of Labor to reform the H-2B Visa process in order to help meet the need of Virginia’s seafood processors In 2022, Sens. Warner and Kaine pushed for and secured the release of an additional H-2B visas for seasonal workers.
A copy of the letter is available below.
Dear Secretaries Mayorkas and Su:
We write on behalf of seasonal businesses in our states—including employers of housekeepers in tourist destinations, landscapers with defined seasons, seafood processors with short harvesting windows, and fairs and carnivals—who are struggling to hire a sufficient number of temporary, seasonal laborers to support their operations.
In light of these labor shortages, we strongly urge the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), to utilize the authority provided by Congress in the FY2025 Continuing Appropriations and Extensions Act to release the maximum allowable number of additional H-2B visas for Fiscal Year 2025, as you did for Fiscal Year 2024. These visas will help employers handle their labor challenges, and provide additional certainty regarding their workforce planning decisions in the coming months. We urge you to promptly publish a temporary rule implementing the release of these supplemental visas.
Many employers turn to the H-2B program to meet their workforce needs to not only sustain their businesses, but also support their American workers. The H-2B program places requirements on employers to recruit U.S. workers, who are intentionally prioritized by the program and also receive demonstrated, positive impacts from their seasonal colleagues. In fact, a 2020 Government Accountability Office report concluded that “counties with H-2B employers generally had lower unemployment rates and higher average weekly wages than counties that do not have any H-2B employers.”
The most current employment data illustrates the workforce struggles of seasonal businesses nationwide. The Department of Labor’s Job Openings and Labor Turnover Surveys (JOLTS) show the rate of job openings have increased year over year for the industries that represent the top five H-2B occupations. As you know, the FY 2025 H-2B first half fiscal year cap was met on September 18, 2024—roughly three weeks earlier than the cap was met in FY 2024. The result is that seasonal employers whose peak seasons are in late fall and winter are capped out before their period of seasonal need begins. Absent cap relief, these employers will be unable to receive temporary, U.S. government-vetted guest workers.
Congress has acknowledged this seasonal labor shortage by providing DHS with the authority to lift the H-2B visa cap for each of the past eight fiscal years. Given the growing demand for H-2B workers as employers continue to struggle with staffing shortages, we encourage you to promptly promulgate a temporary final rule for FY 2025 along the same lines as the FY 2024 rule.
Sincerely,
