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.