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H-2B Labor Update: Time is Running Out, Support is needed for Returning Worker Exemption
H-2B program now requires all incoming workers to be vaccinated
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In 2022, the Department of Labor received applications for a record breaking 136,555 seasonal worker visas for the second half of the FY2022 H-2B visa cap. Without cap relief, only 24% of applicants will receive their workers in what is considered a tough labor market.

It's no secret that there is a labor crisis in the United States with most local businesses currently shorthanded and hiring. Fortunately, a permanent fix to the outdated cap on the H-2B program makes perfect sense to help fix the labor situation.

To help provided much needed cap relief, Representative Henry Cuellar (D-TX-28) introduced H.R. 3897, Returning Worker Exemption Act of 2021. As of February 2, 55 members of congress have signed onto the bill as cosponsors, however, more signatures are needed for this bill to gain any traction. 

If you are a fair board or committee member, please contact your member of congress and explain to them that your carnival company uses H-2B visa workers and without any workers, your event may not take place in 2022 and ask them to support HR 3897.

If you are a supplier to the industry, please contact your member of congress and explain to them that the industry you serve relies on H-2B visa workers and without any workers, your business and the American workers you employ may suffer from lack of orders and ask them to support HR 3897.

If you are a carnival or H-2B employer:

  1. Click here for a template if you were placed in Group A.
  2. Click here for a template if you were placed in Groups B-F.

Senator King / Rounds Letter

Senators King (I-ME) and Rounds (R-SD) are circulating a letter requesting DHS release the full number of visas it is authorized to release (44,617) and to compel DOL to speed up its processing of H-2B visas. Click here to view the letter. 

You should reach out to your Senators to request that they sign the King/Rounds letter. The deadline for signatures is February 7th. 

Click here for a template. Respond to this email if you need the email addresses for the staffers of your Senators. 

Department of Labor Processing Times

DOL finished issuing first actions on Group A applications on January 26th. Last year DOL finished issuing first actions on Group A applications on January 19th. The first Group B first actions were issued on January 28th. So far, roughly 30% of Group B applications have been issued a first action. We expect that a significant percentage of Group B applicants will receive their workers. 



At this rate, DOL will not finish processing Group G applications (the last group assignment in FY 22) until late March. Even if cap relief is granted, Group G's workers would not arrive until May. 

The Seasonal Employment Alliance submitted this letter to the administration and to our Congressional allies asking that DOL take immediate action to improve its processing speed. Actions may include instituting emergency procedures to allow employers to begin U.S. worker recruitment prior to receiving their first actions from DOL. In 2016, due to similar processing delays, DOL instituted emergency procedures.

New Requirements for H-2B Workers

The Department of Labor announced that it is requiring that all incoming H-2B workers who cross the border into the USA be vaccinated for COVID-19 with a CDC approved vaccine.

Please see the attached link with information about vaccination requirements for incoming travelers: https://www.dhs.gov/news/2022/01/20/dhs-require-non-us-individual-travelers-entering-united-states-land-ports-entry-and 

This fact sheet additionally breaks down the updated vaccination and entry requirements: Fact Sheet: Guidance for Travelers to Enter the U.S. at Land Ports of Entry and Ferry Terminals | Homeland Security (dhs.gov)

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