The US Department of Homeland Security will issue more than 130,000 H-2B seasonal-worker visas this year, the Wall Street Journal reported. This is the first time the US homeland security is issuing the maximum number of H-2B seasonal-worker visas allowed by law.
The US department of homeland security usually sets aside 66,000 visas which are evenly split between winter and summer seasons. The applicants who seek these visas are landscapers, ski resorts, fisheries and vacation-town vendors.
But the secretary of the department of homeland security has the power to additionally issue up to nearly 65,000 additional H-2B visas in a year but till date despite demand no secretary has taken any such step, the Wall Street Journal report said.
The report said that the US will set aside 20,000 of the additional visas for workers from Haiti and Guatemala, Honduras and El Salvador. Rest of the visas will be made available to returning workers who worked for the US on the same visa.
The Biden administration soon after taking power made 55,000 additional visas available on top of the 66,000 already allotted, marking the largest H-2B visa release since the rules were changed in 2017.
The move was due to labour shortages in sectors such as restaurants and hospitality. Employers have also asked the Biden administration to take steps to bolster the economy. They also pointed out that even though the Trump administration, like the Biden administration, released additional visas, the process of issuing them was actually slower.
The report said the Biden administration could release all available visas at the beginning of the US government’s fiscal year which started on October 1.
“This full-year allocation at the very outset of the fiscal year will ensure that businesses can plan for their peak season labour needs,” the secretary of Homeland Security said in a statement, according to the Wall Street Journal.
The WSJ report said that the decision also could be a strategy to provide migrants a legal way of entering the US for work who may have otherwise attempted to enter the US illegally for work or for seeking safety.
The Biden administration is working on announcing a temporary humanitarian program for Venezuelans which allows them to migrate legally to the US and also get work authorization.
Earlier in June, the US and a dozen other Latin American countries signed a migration pact in Los Angeles during the Summit of the Americas calling countries in the region to create new visas and temporary humanitarian protections for migrants.
How is The H-2B Visa Issued?
For employers who want to hire a foreign worker on an H-2B visa, they have to first attempt to recruit an American citizen and then receive a certificate from the Labour Department which says that they found no American workers available for the role.
There are requirements on how much employers are required to pay workers ensuring they are not paid less than American workers. And employers are also expected to continue recruiting American workers even after they have hired foreign workers.
There is a separate H-2A visa program for agricultural and farm workers for which there is no limit set by the Congress.
Opposition to H-2B Visa Program
The seasonal visa program draws mixed reactions from both Democrats and Republicans. Some Republicans were supportive of the seasonal-worker visa program since they have seasonal industries in their states.
Republicans batting for tighter immigration restrictions are against it and labour unions have also been against it. There have been calls to limit issuing of such visas beyond the 66,000 required by law.
Labour Unions are integral to US president Joe Biden as they provide much needed support to him and his party and they have disapproved of the move. The labour unions also oppose the use of temporary visas. They say the program in its current format does not allow workers to leave abusive or exploitative employers.
Business groups however welcome the announcement and are urging the Congress to increase the visa cap to avoid a debate over the number of visas to be issued every year.
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