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H-2B Certified Seasonal Employer Language Clears Key Hurdle in FY27 DHS Appropriations Bill
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After significant efforts and strong advocacy from stakeholders across the amusement industry, the H-2B Certified Seasonal Employer (CSE) and the Amusement Industry's P-Visa language has been included in the House FY27 Department of Homeland Security Appropriations baseline bill (Section 409). This marks the first time any proposed H-2B cap relief measure has been incorporated into a baseline appropriations bill. According to the Seasonal Employment Alliance, this represents a major step forward in securing cap relief for seasonal employers and workers. Language included in a baseline bill is considerably more difficult to remove than an amendment, which has been the vehicle for all previous H-2B cap relief efforts.

The CSE & P-Visa language will now move to the Senate for further consideration. While the legislation has not yet reached the finish line, this development represents significant progress in the effort to secure long-term H-2B reform.

The CSE designation would exempt long-standing, compliant employers from the statutory H-2B visa cap of 66,000 visas. Employers that receive labor certification for five consecutive fiscal years would qualify for CSE status. Under the proposed framework, the highest number of workers for which an employer was certified during that five-year period would be permanently exempt from the annual visa cap. Any requests for additional workers above that historical peak would continue to count against the regular annual cap.

If approved, the updated P-Visa language would create a separate P-Visa category for employers in the mobile amusement industry, allowing them to move out of the H-2B program while maintaining existing worker protections. This change would significantly improve visa availability for the amusement industry by providing a more reliable and accessible pathway to secure the seasonal workforce the industry depends on.

The designation is intended to protect established, compliant seasonal employers from being crowded out of the visa allocation process by less responsible operators or shifting regulatory conditions.
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