Guest Worker Visas
Guest Worker Visa Reform
The equine industry relies on two major guest worker programs managed by the Department of Homeland Security (DHS), specifically the H-2A and H-2B programs. H-2A addresses agricultural workers. H-2B visas are granted to foreign non-agricultural temporary workers. These are complicated programs to access and are becoming increasingly expensive to utilize.
Members of the 118th Congress are considering several measures to reform, streamline, and expand these guest worker programs. AHC has offered its support to several legislative initiatives that are currently in play, including:
A Bipartisan Working Group created by Chairman Thompson (R-PA-15) and Ranking Member Scott (D-GA-13) of the House Committee on Agriculture. The working group will:
- Seek input from stakeholders, employers, and workers, particularly emphasizing the H-2A visa program for nonimmigrant agricultural workers;
- Produce an interim report detailing the program’s shortcomings and the impacts on food security, and;
- File a final report with recommendations to address the flaws within the program.
AHC is contacting members of the Working Group to offer input from the perspective of the equine industry for both the H-2A and H-2B programs.
Legislation to streamline temporary work visa programs, specifically H-2A and H-2B has been introduced by Representative Tony Gonzales (R-TX-23) and co-sponsors Representatives Cuellar (D-TX-28), Vicente Gonzalez (D-TX- 34), Juan Ciscomani (R-AZ-6), Stephanie Bice (R-OK-5), Jeff Van Drew (R-NJ-2), James Moylan (R-Guam), Mike Lawler (R-NY-17), and Chris Pappas (D-NH-1).
The H-2 Improvements to Relieve Employers (HIRE) Act proposes to expand H-2A/H-2B labor certification period to three years and permanently authorize waiving the in-person interview requirement for returning H-2A/H-2B workers.
AHC supports this measure with the American Farm Bureau Federation, U.S. Chamber of Commerce, U.S. Hispanic Chamber of Commerce, Americans for Prosperity, National Horsemen’s Benevolent & Protective Association, U.S. Trotting Association, and the H-2B Coalition.
There is also significant progress in expanding the cap on returning workers under the H-2B program through the appropriations process. The House Appropriations Committee passed the FY 2024 Homeland Security appropriations, which would exempt from the 66,000 cap H-2B returning workers who were issued an H-2B visa during one of the previous three fiscal years. The Senate is expected to add cap relief to the appropriations bill moves as it moves to the Senate floor. This is a positive development because the House and Senate Appropriations Committees are on record supporting the H-2B cap relief in the bill.