Thune-led bipartisan bill supports states’ seasonal workforce needs

The nation’s governors would be permitted to petition the federal government for supplemental H-2B visas beyond the national cap of 66,000 to meet their seasonal labor needs under a bipartisan bill sponsored on July 27 by U.S. Sen. John Thune (R-SD).

“Federal inaction shouldn’t prevent state leaders from doing everything they can to strengthen their economies,” Sen. Thune said. “Labor needs plague nearly every sector in South Dakota, which is why I’m proud to introduce this legislation that would empower states to help alleviate workforce shortages while reinforcing protections for South Dakota workers.”

The senator introduced the State Executive Authority for Seasonal Occupations Needing Additional Labor (SEASONAL) Act, S. 2705, with three original cosponsors, including the lead cosponsor U.S. Sen. Amy Klobuchar (D-MN).

If enacted, S. 2705 would allow eligible states to seek additional H-2B visas if they have had an unemployment rate at or below 3.5 percent for at least nine of the 12 most recent monthly reports issued by the Bureau of Labor Statistics prior to their request, according to the text of the bill.

Specifically, the bill would permit governors to petition the U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) for a specific number of supplemental H-2B visas beyond the national cap of 66,000. DHS would issue the visas, and if the number of employer applications still exceeded a governor’s request, they would then allocate the visas through a lottery system, according to a bill summary provided by Sen. Thune’s staff.

Nothing in the proposed S. 2705 would prohibit a state legislature from imposing limitations on a governor concerning the program, including the number of visas requested, the DOL classification group for which H-2B visas could be requested, or the Economic Development Districts where the visas could be used, the summary says. 

Additionally, any supplemental workers provided under S. 2705 would be subject to any existing or future DOL requirements, among other provisions in the measure, which has been referred to the U.S. Senate Judiciary Committee for consideration.