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Action needed: H-2B visa issuances to be suspended in next EO?

Tue, May 12, 2020 8:34 PM | Sue Gallup (Administrator)

On Friday the Wall Street Journal reported that the Trump administration is planning to expand its immigration ban. The Journal reported that the order is expected to include H-2B visas. 

It is critical that we get our Congressional supporters to weigh in with DHS and the White House to voice their opposition to including H-2B in the pending immigration ban. This is a watershed moment. If our opponents our successful in temporarily banning the issuance of H-2B visas, it will be easy for them to extend the ban. This is when we have to take our stand. 

We know that there are administration officials both for and against including H-2B in the upcoming immigration ban. Our allies in the administration need the back-up of our supporters in Congress. 

On Friday, we submitted a letter to Secretary Wolf in response to the the thirty day review period of the non-immigrant programs and their effect on the American workforce that was included in the initial immigration executive order. The letter cited our statistics regarding seasonal employers' efforts to recruit American workers. It also requested that DHS reopen the cap. 

If you have a Republican representative, send the letter to your representative with the request that he/she forward the letter to his/her contacts at DHS, the White House and DOL.  

Click here for a template.

Do you have excess H-2B workers?

Due to the economic impact of COVID-19, a number of H-2B employers either brought in more workers than they now have the work for or brought in the workers before their industry was shut down (hospitality and outdoor amusement). There are hundreds of SEA members who still desperately need workers. If you no longer have a need for your workers and may be willing to transfer them, complete this survey. I will then post the entries on our members only website so that employers who need workers can get in touch with you.

Important points to remember:

  1. Sub-contracting out your workers is illegal. The workers must be transferred. This means that they workers cannot be transferred back to the original employer for the duration of the job order. The workers can return to the original employer the following year. 
  2. If you have an approved visa petition but have not brought in your workers, the workers cannot be transferred. They have to work for the employer who holds the original visa petition for a measurable amount of time. 


To-do list

  1. Complete survey documenting your American worker recruitment results May 1-May 7. Thank you for the excellent response to the most recent recruitment results survey.  
  2. Send an email to your member of Congress asking them to reach out to DHS to request that H-2B workers be excluded from any future immigration ban. Click here for a template. 
  3. If you have excess workers, complete this survey
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