Letter to Chad Wolf, Acting Secretary of the Department of Homeland Security - Rounds, King, Harris, Pingree, Keating, Bergman Lead Bipartisan, Bicameral Letter Urging Administration to Increase the Number of Temporary, Non-Immigrant H-2B Workers for 2020


By: John Barrasso, Mike Enzi, Mark Warner, John Cornyn, John Thune, Tim Scott, Lindsey Graham, Pat Toomey, Ron Wyden, James Lankford, Rob Portman, Jeanne Shaheen, Kevin Cramer, Thom Tillis, Cindy Hyde-Smith, Roy Blunt, Tina Smith, Angus King, Jr., Susan Collins, Chris Van Hollen, Jr., Ben Cardin, Bill Cassidy, Rand Paul, Jerry Moran, Pat Roberts, Todd Young, James Risch, Mike Crapo, Chris Coons, Tom Carper, Cory Gardner, Michael Bennet, Kyrsten Sinema, Doug Jones, Dan Sullivan, Lisa Murkowski, Carol Miller, David McKinley, Mike Gallagher, Glenn Grothman, Derek Kilmer, Dan Newhouse, Jaime Herrera Beutler, Peter Welch, Gerry Connolly, Jennifer Wexton, Morgan Griffith, Abigail Spanberger, Elaine Luria, Rob Wittman, John Curtis, Chris Stewart, Filemon Vela, Jr., Colin Allred, John Carter, Henry Cuellar, Roger Williams, Pete Olson, Bill Flores, Vicente Gonzalez, Kay Granger, Michael McCaul, Van Taylor, Jim Cooper, Dusty Johnson, Tom Rice, Joe Wilson, Sr., Joe Cunningham, David Cicilline, Mike Doyle, Jr., GT Thompson, Jr., Guy Reschenthaler, Fred Keller, Lloyd Smucker, Susan Wild, Chrissy Houlahan, Kurt Schrader, Suzanne Bonamici, Kendra Horn, Tom Cole, Frank Lucas, Anthony Gonzalez, Steve Stivers, Dave Joyce, Troy Balderson, Kelly Armstrong, Patrick McHenry, Dan Bishop, David Rouzer, Virginia Foxx, Greg Murphy, Steven Palazzo, Michael Guest, Roger Wicker, Trent Kelly, Billy Long, Emanuel Cleaver II, Vicky Hartzler, Blaine Luetkemeyer, Ann Wagner, Peter Stauber, Collin Peterson, Tom Emmer, Dean Phillips, Haley Stevens, Paul Mitchell, Elissa Slotkin, Tim Walberg, Fred Upton, John Moolenaar, Justin Amash, Bill Huizenga, Jack Bergman, Jared Golden, Chellie Pingree, David Trone, Dutch Ruppersberger, Andy Harris, Bill Keating, Jim McGovern, Richard Neal, Ralph Abraham, Clay Higgins, Cedric Richmond, Andy Barr, Hal Rogers, Thomas Massie, Brett Guthrie, Ron Estes, Sharice Davids, Roger Marshall, Larry Bucshon, Susan Brooks, John Shimkus, Lauren Underwood, Rodney Davis, Mike Bost, Mike Simpson, Tom Graves, Jr., Barry Loudermilk, Jody Hice, Doug Collins, Mike Turner, Warren Davidson, Bob Gibbs, Bill Johnson, Bob Latta, Joyce Beatty, Brad Wenstrup, Steve Chabot, Anthony Brindisi, Elise Stefanik, Antonio Delgado, Pete King, Lee Zeldin, Mikie Sherrill, Tom Malinowski, Joshua Gottheimer, Jeff Van Drew, Annie Kuster, Chris Pappas, Rob Woodall, Lucy McBath, Sanford Bishop, Jr., Buddy Carter, Brian Mast, Greg Steube, Kathy Castor, Darren Soto, John Rutherford, Ted Yoho, Neal Dunn, Lisa Blunt Rochester, Joe Courtney, Ed Perlmutter, Jason Crow, Doug Lamborn, Ken Buck, Scott Tipton, Joe Neguse, Diana DeGette, Lou Correa, Greg Stanton, Bruce Westerman, Steve Womack, French Hill, Donald Young, Mike Rounds
Date: Jan. 27, 2020
Location: Washington, DC

Dear Acting Secretary Wolf:

We write on behalf of seasonal businesses in our states from industries such as tourism and hospitality, landscaping, fairs and carnivals, seafood processing, golf courses, reforestation, contractors and horse racing, who continue to struggle with seasonal labor shortages that are made worse by the inadequate H-2B visa cap. Under the "Further Consolidated Appropriations Act, 2020", the Secretary of the Department of Homeland Security (DHS), in consultation with Secretary of the Department of Labor (DOL), is authorized to provide expeditious H-2B cap relief for our local businesses' upcoming seasonal labor needs.

These American businesses depend on seasonal employment to meet the demand across many industries. Without immediate and meaningful H-2B cap relief, seasonal businesses will be forced to scale back operations, cancel or default on contracts, lay off full-time U.S. workers and, in some cases, close operations completely. By taking quick action to release additional H-2B visas, seasonal businesses and U.S. workers across the country will avoid these harmful consequences, and instead, help contribute to the American economy.

The recently passed Fiscal Year 2020 Further Consolidated Appropriations bill provides DHS with the authority to lift the existing 66,000 H-2B visa cap. The language is identical to the language that was enacted in each of the past three years. In each of those years, DHS has provided supplemental cap relief in the amounts of 15,000, 15,000 and 30,000 respectively. While these supplemental visas helped some employers who were shut out of the program, they were not sufficient to satisfy the total need for H-2B workers. Additionally, these visas were not released until well into many businesses' peak seasons, which caused significant harm to the seasonal industry. We urge you to release a significant number of additional visas as soon as possible to prevent this from happening in FY 20. According to the Department's May 2019 rule entitled "Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program," you are authorized to release 64,716 additional visas under this language.

As you know, the first half H-2B visa cap for FY 20 was reached on November 15, 2019, almost a month earlier than previous years. The DOL has certified the need for approximately 51,000 H-2B workers with a date of need between October 1 and March 31 with approximately 2,500 petitions still under review. Therefore, between 18,000 and 20,500 needed H-2B worker positions will remain vacant without the expeditious release of additional visas.

Additionally, the Office of Foreign Labor Certification (OFLC) announced that within the first 24 hours of opening the Foreign Labor Application Gateway System for peak filing season that opened on January 2, 2020, employers filed 4,930 applications for more than 87,298 worker positions with an April 1, 2020, or later, work start date. By the end of the filing deadline on January 6, 2020, OFLC had received a total of 5,677 H-2B applications requesting 99,362 worker positions. This is more than triple the number of visa applications currently available for the second half of the fiscal year.

As a result, we urge DHS to release the maximum number of additional visas without delay. Congress was clear in the report accompanying the "Consolidated Appropriations Act, 2020" that DHS rely on past rulemaking and act as quickly as possible in releasing additional visas. The report language states that, "USCIS is encouraged to leverage prior year materials relating to the issuance of additional H-2B visas, to include previous temporary final rules, to improve processing efficiencies." As you know, the FY 19 temporary final rule was only released eight months ago, and there are no new legislative authorities or technical facts to review. Therefore, additional rulemaking should not be required.

Given the continued low unemployment and growing demand for H-2B workers, as evidenced by the recent number of applications for the second half of the fiscal year, we urge the Department to promptly make available all 64,716 additional visas authorized under the law as soon as possible. These vital American businesses depend on the expeditious release of a sufficient number of additional visas. We thank you in advance for your attention to this pressing matter.