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NTRA Encouraged by House Appropriations Committee Adoption of H-2B Relief Language in Appropriations Bill

The National Thoroughbred Racing Association (NTRA) is pleased that the House Appropriations Committee adopted critical H-2B relief language in fiscal year ‘23 Department of Homeland Security (DHS) Appropriations Bill. The language would provide cap relief at a reasonable time during peak season, which would greatly help business related to the Thoroughbred industry.H-2B workers fill many backside positions that are vital to the day-to-day operations of racing stables across the country.

“Everywhere I go I hear how labor is nearly impossible to find,” said NTRA President & CEO Tom Rooney. “It is so important for the Thoroughbred industry to get backside positions through the H-2B visa program. I am encouraged by the committee’s inclusion of the H-2B relief language and NTRA will continue to engage with lawmakers to find a permanent solution.”

On Friday, June 24, 2022, the House Appropriations Committee adopted an amendment that would extend the current discretionary language that allows for an extension of the cap for FY ‘23 on H-2B visas. If it becomes law, the Secretary of Homeland Security will be required to issue guidance implementing this section no later than 60 days after enactment and will be immediately effective upon its publication. House leaders hope to have a full vote on this spending bill in July and if passed it would then move to the Senate for consideration. In addition, following the relief language adoption, unions expressed a commitment to work with lawmakers as well as industry to try and negotiate a permanent cap solution beginning in July.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

DHS and DOL Announce Additional H-2B Visas for 2022

Lexington, KY, May 17, 2022 – The National Thoroughbred Racing Association (NTRA) commends the decision announced by the Departments of Homeland Security (DHS) and Labor (DOL) to make an additional 35,000 H-2B visas available for the second half of FY-2022.

“We thank DHS, DOL, and the Administration for recognizing the critical need for additional H-2B visas to fill positions not being filled by US workers,” said NTRA President & CEO Tom Rooney. “This announcement will help provide immediate relief for tracks and horse trainers going into the summer racing season. While the release of additional H-2B visas is good news for the industry, the NTRA will continue to advocate for more comprehensive immigration reform in the future.”

The supplemental H-2B visa allocation is for U.S. employers seeking to employ additional workers on or after April 1, 2022 through September 30, 2022. This announcement makes 23,500 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years. The remaining 11,500 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers. The semiannual cap of 33,000 visas for the second half of FY 2022 was reached on February 25, 2022.  Employers can begin petitioning on Wednesday, May 18. More information can be found here.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

Recent Expansion of H-2B Visas Could Help Horsemen

Dollars & Sense With Frank Angst

 

A federal program that will allow more temporary workers from three Central American countries, as well as Haiti, could provide some options for horsemen.

The federal government recently provided some good news for horsemen searching for labor options by expanding the H-2B program that provides temporary nonagricultural worker visas. Beginning this month and continuing through September, the Department of Homeland Security and the Department of Labor will make an additional 35,000 H-2B visas available.

 

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NTRA Announces Unprecedented Supplement to H-2B Visa Cap

Lexington, Ky. (December 20, 2021) – The National Thoroughbred Racing Association (NTRA) is pleased to report that the U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B visas for the first half of fiscal year 2022 that ends on March 31, 2022. This is the first time the DHS has provided supplemental H-2B visas in the first half of a fiscal year.

“Tremendously high demand for H-2B visas has led to this unprecedented move by the DHS and DOL,” said NTRA President and CEO Alex Waldrop. “Competition for these visas has been fierce for many years but is particularly so in today’s strong job market. We encourage affected trainers to act quickly.”

The supplemental H-2B visa allocation consists of 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.

This nonimmigrant visa program is used by many industries that need temporary non-agricultural help when domestic workers are unavailable. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30).

For the horse racing industry, racehorse trainers rely heavily on the H-2B program to fill various backside positions. Demand for H-2B visas often exceeds their availability and the cap level is quickly reached, leaving employers without sufficient help.

Harmful H-2B Visa Program Language Removed from Labor Appropriations Bill

LEXINGTON, Ky. (July 16, 2021) ― United States Representative Andy Harris (R-MD) on July 15 offered an amendment to the fiscal year 2022 Department of Labor Appropriations bill to remove certain sections from the bill that would have made it difficult for employers to use the H-2B visa program. During committee consideration, the amendment passed yesterday by voice vote.

Specifically, the amendment struck sections 116, 177 and 118 from the bill. The language in those sections would have:

• Prohibited industries from using the H-2B program if they experienced unemployment in any of the previous 12 months over 10 percent;
• Prohibited construction industries from using the program even in seasonal locations or occupations;
• Increased the baseline for wages to at least 150% of the federal or state minimum wage, whichever is higher;
• Required wage compliance with a collaborative bargaining agreement for your industry in your area, even if you are not a party to the agreement;
• Banned participation in the program for labor/workforce related infractions outside of the scope of the H-2B program.

“Thank you to all who contacted their Representative regarding this issue,” said NTRA president and CEO Alex Waldrop. “We also are grateful to Rep. Harris for offering the amendment to eliminate the language that was so threatening to employers, like horse trainers, who use the H-2B visa program.”

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

H-2B Visa Program Faces Severe Threat from Department of Labor Appropriations Bill

LEXINGTON, Ky. (July 14, 2021) ― The U.S. House Appropriations Committee is scheduled to consider the fiscal year 2022 Department of Labor Appropriations bill on Thursday, July 15, and language within the bill could devastate the H-2B visa program. The NTRA urges industry members to contact their Representative immediately and ask for this language to be removed from the bill.

The language of concern appears on pages 46-50 of the bill and would make the H-2B visa program difficult for many employers to use. Specifically, the draft bill would:

• Prohibit industries from using the H-2B program if they experienced unemployment in any of the previous 12 months over 10 percent;
• Prohibit construction industries from using the program even in seasonal locations or occupations;
• Increase the baseline for wages to at least 150% of the federal or state minimum wage, whichever is higher;
• Require wage compliance with a collaborative bargaining agreement for your industry in your area, even if you are not a party to the agreement;
• Ban participation in the program for labor/workforce related infractions outside of the scope of the H-2B program.

“This appropriations bill contains alarming language for any business or industry that relies on the H-2B visa program to operate,” said NTRA president and CEO Alex Waldrop. “We ask trainers and others in horse racing to contact their Representative today to help get this language removed.”

As suggested by the H-2B Workforce Coalition, of which the NTRA is a member, industry members should:

Call your Representative today and ask him or her to urge the House Appropriations Committee leadership and their Party Leadership to remove Sections 116, 117 and 118 of Fiscal Year 2022 Labor, Health and Human Services, Education, and Related Agencies Subcommittee Appropriations Bill before the legislation is considered by the Appropriations Committee on Thursday. You can reach your Representative through the Capitol Switchboard at 202-225-3121. Once connected to the office, please ask to speak to the staff person who handles Department of Labor appropriations.
Send an email to your Representative using this link

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

Additional H-2B Visas Available for 2nd Half of Fiscal Year 2021

LEXINGTON, Ky. (May 25, 2021)— The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) issued a joint temporary final rule that was published today in the Federal Register and offers 22,000 additional H-2B visas to employers for the second half of the federal fiscal year that ends on September 30, 2021. These visas are used by employers, such as racehorse trainers, who seek seasonal guest workers. They are capped at 66,000 annually, with an even split of 33,000 available for each half of the federal government’s fiscal year. Six thousand of these supplemental visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador and Guatemala.

“The 22,000 H-2B visas offered through this rule issued by the DHS and DOL will be helpful to employers who rely on the H-2B visa program, including trainers, but many more of these visas are ultimately required to satisfy the need,” said NTRA President and CEO Alex Waldrop. “For that reason, the NTRA, through its involvement in the H-2B Workforce Coalition, supports additional relief from the burdensome annual H-2B visa cap through a permanent returning worker exemption.”

Employers can find eligibility and filing details here.

This past December, the Consolidated Appropriations Act of 2021 became law and included a provision that provides the Department of Homeland Security (DHS) with the discretionary authority to release an additional 64,176 H-2B visas when significant need is demonstrated. The NTRA supports all efforts to make additional visas available to seasonal businesses struggling with labor issues.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

Demand for H-2B visas often exceeds their availability and the cap level is quickly reached, leaving employers in need. For the second half of federal fiscal year 2021, DHS announced that by February 12 it had received enough H-2B worker petitions to reach the congressionally mandated cap of 33,000 visas allotted.

Additional H-2B Visas Soon To Be Available For Trainers During 2nd Half of Federal Fiscal Year 2021

LEXINGTON, Ky. (April 20, 2021) ― The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor have agreed to offer 22,000 additional H-2B visas to employers for the second half of the federal fiscal year that ends on September 30, 2021. These visas are used by employers, such as racehorse trainers, who seek seasonal guest workers. They are capped at 66,000 annually, with an even split of 33,000 available for each half of the federal government’s fiscal year. The additional visas will be made available later this spring or early summer via a temporary final rule in the Federal Register.  Six thousand of these visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador and Guatemala.

“We are pleased to learn that additional H-2B visas will be available for trainers soon and applaud Homeland Security Secretary Alejandro Mayorkas and Labor Secretary Marty Walsh for this action,” said NTRA President and CEO Alex Waldrop. “At the same time, the NTRA supports relief from the burdensome annual H-2B visa cap through a permanent returning worker exemption and urges both departments to reform the program accordingly, enabling affected employers to stabilize their businesses.”

This past December, the Consolidated Appropriations Act of 2021 became law and included a provision that provides the DHS with the discretionary authority to release an additional 64,176 H-2B visas when significant need is demonstrated. The NTRA, through its involvement with the H-2B Workforce Coalition, supports all efforts to make additional visas available to seasonal businesses struggling with labor issues.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, trainers rely heavily on the H-2B program to fill various backside positions.

Demand for H-2B visas often exceeds their availability and the cap level is quickly reached, leaving employers in need. For the second half of federal fiscal year 2021, DHS announced that by February 12 it had received enough H-2B worker petitions to reach the congressionally mandated cap of 33,000 visas allotted.

Omnibus Legislation Will Allow Current H-2B Visa Provisions To Continue

A series of current H-2B visa program provisions are set to continue as part of omnibus legislation passed Monday by Congress.

  • H-2B visa program policies set to continue include:
  • Authority for the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), to increase the H-2B cap for fiscal year 2021 by up to approximately 69,000 visas if it determines that the needs of seasonal businesses cannot be met with U.S. workers;
  • Continuation of the use of private wage surveys for prevailing wage determinations;
  • A prohibition against DOL enforcing the corresponding employment and three-quarters guarantee provisions of its H-2B regulations relating to total work hours; and
  • Provisions extending the maximum employment season for up to 10 months, as opposed the nine-months in current DOL regulations.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, racehorse trainers rely heavily on the H-2B program to fill various backside positions. Demand for H-2B visas often exceeds their availability and the cap level is quickly reached, leaving employers without sufficient help.

The NTRA, through its involvement with the H-2B Workforce Coalition, supports efforts for comprehensive reform of the guest worker visa program.

 

Guidelines For H-2B Exceptions Published By U.S. State Department

The U.S. Department of State on Wednesday published guidelines providing exceptions to a June 22 proclamation by President Donald Trump suspending entry into the United States of foreign nationals applying for certain visas, including H-2B visas acquired by trainers for many backstretch workers. With limited exceptions, H-2B workers have been unable to enter the U.S. since the presidential proclamation took effect on June 24.

The guidance provides exceptions for, among others, “nonfarm animal caretakers” – the category used by trainers applying for H-2B visas for immigrant workers. New and renewal visa applications that were being processed or were submitted when the proclamation went into effect will be re-evaluated. Consular officers will look at whether the applicant was previously employed and trained by the petitioning employer under two or more H-2B visas; is traveling based on a temporary labor certification reflecting continued need by the employer; and whether denial of an H-2B visas would create a financial on the employer.

The full guidelines can be read here.

Trainers should consult with H-2B legal advisers for more specifics on the guidelines.

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