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  • Department of Labor Finalizes Changes to H-2B Visa Program

DEPARTMENT OF LABOR FINALIZES CHANGES TO H-2B VISA PROGRAM

On February 21, 2012 the Department of Labor (DOL) issued a final rule concerning the H-2B temporary guest worker program. This new rule, which will go into effect on April 23, 2012, will make significant changes to the way the H-2B program operates for all employers including those in the horse industry.

“Anyone in the horse industry who uses the H-2B program needs to be aware of this new rule. It makes major changes to the responsibilities of employers using the program and if the new guidelines aren’t followed employers could be fined and barred from using the program,” said AHC President Jay Hickey.

The H-2B program is used by members of the horse industry, principally horse trainers and owners who cannot find American workers to fill semi-skilled jobs at racetracks, horse shows, fairs and in similar non-agricultural activities.

The AHC believes the new rule will make the H-2B program more costly and burdensome for employers who are forced to use the program and has opposed the new rule. “It is unfortunate the DOL decide to finalize this rule,” said AHC Legislative Director Ben Pendergrass. “This rule will make it difficult for trainers and others in the horse industry to use the program and could impact American jobs. The current rule was working well for the industry and included many protections for foreign and American workers.”

The final rule, among other things, will:

  • Require an employer to pay most inbound and outbound travel expenses for H-2B workers.
  • Extend H-2B program benefits, such as reimbursement of transportation cost, to American “corresponding workers” that work alongside H-2B workers and perform substantially the same work.
  • Require employers to provide documentation that they have taken appropriate steps to recruit U.S. workers, rather than permitting employers to attest to such compliance.
  • Increase the amount of time employers must try to recruit U.S. workers.
  • Prohibit job contractors from using the program.
  • Define temporary need as 9 months, previously it was 10 months.
  • Define full time employment as 35 hours a week, previously it was 30 hours.

“This final rule is complex and has many new provisions and changes. If you are an employer who uses the program you should review the new guidelines and contact the lawyer or agent you use to process H-2B applications to ensure you are in compliance with the new rule when it goes into effect on April 23,” said Pendergrass.

DOL guidance and the complete rule can be found here on the Department of Labor’s website.

“Many Members of Congress are also displeased with this new rule and believe it could hurt industries in their states. The AHC is going to continue to work with those Members to try and roll back this new rule. Unfortunately, gridlock in Washington will prevent any quick action by Congress and the horse industry will have to comply with the new rule for the foreseeable future,” said Hickey.

The AHC encourages members of the equestrian community to visit its website ahcbeta.flywheelsites.com to learn how federal legislation and regulations impact them and how they can get involved.

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  • The American Horse Council is a Guidestar Silver Participant

    The AHC believes that the more opportunities available to use horses in various activities, the better the overall health of the industry and those who participate.


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    Lynda is the membership and communications specialist for the American Horse Council. Lynda grew up in Pasadena, Maryland with a passion for horses. She relocated to San Diego, California, where her dream of owning and riding horses came true. Lynda has worked with several law enforcement mounted units and has participated in several national and international horse associations.

    Lynda believes horses play a major role in our society from therapy horses helping children learn to walk again, to helping military veterans and emergency service personnel learn to cope with stress, to keeping our parks and cities safe through law enforcement mounted units. Along with our equine partners assisting in burial services at Arlington National Cemetery. Horses impact our lives in ways others cannot.

    Lynda believes the horse industry as a whole needs to have a voice and working at the American Horse Council is a way for her to help and keep the industry alive and informed.

    Interested in a Free Microchip for your Horse?

    The United Horse Coalition is offering up to 5 free microchips (while supplies last). Click below for more info on how to get your free chip.

    Click here for more info (don’t worry, we made it easy!)
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    Cliff Williamson is the Director of Health and Regulatory Affairs for the American Horse Council based in Washington D.C.

    He grew up in Reva, VA on his family’s horse farm, participating in both horse and livestock 4-H activities. In 2008 he graduated from Virginia Tech with a degree in Animal Science, where he was an active member of both the animal science club Block & Bridle as well as the agricultural fraternity Alpha Gamma Rho. After graduation he spent 27 months in Nicaragua with the Peace Corps for their Food Security Program. Upon his return to the United States he spent four years in the animal export industry as the Director of Animal Logistics for T.K. Exports, Inc. In that time he was honored to be appointed to a seat on the Board of Directors for the Culpeper chapter of the Farm Bureau Federation.

    For information regarding any equine health issues, welfare issues, and state, federal and international requirements regarding the movement of horses, please contact Cliff. 

    cwilliamson@horsecouncil.org

    Bryan Brendle is the Director of Policy & Legislative Affairs for the AHC.

    For information regarding public policy, government relations and advocacy, please contact Bryan.

    bbrendle@horsecouncil.org

    With over 30 years of leadership experience in both for-profit and non-profit sectors, Julie holds a BS, MBA, Executive Certificate in Non-Profit Leadership  and is Certified Association Executive®. She’s a life-long horse enthusiast ranging from recreational rider, breeder, and show competitor. A native of NC, she and her husband now reside in DC along with their Pembroke Welsh Corgis and Morgan horses.

    In her down time she enjoys volunteering (she’s president of the board of PATH International), horseback riding, gardening and cooking. “I’m passionate about the equine industry because horses have enhanced my life and well-being so profoundly,” said Julie. “Working at the AHC is a way to give back to the equine community and ensure the long term health of the industry.”

    jbroadway@horsecouncil.org

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