U.S. Sen. Thom Tillis (R-NC) led a bipartisan group of senators on Monday in voicing concern that the statutory cap for H-2B visas will soon be reached, jeopardizing small businesses and American workers.
Tillis and U.S. Sen. Mark Warner (D-VA) requested an audit to gauge the number of unused H-2B visas in the first half of the fiscal year in a letter to Department of Homeland Security Secretary John Kelly that was signed by a bipartisan group of 32 senators.
The H-2B temporary non-agricultural visa program is used by small and seasonal employers who rely on temporary workers to sustain their businesses.
“In recent weeks, numerous businesses across the United States have contacted our offices expressing concern that the H-2B statutory cap will be reached soon, jeopardizing their small businesses and their American workers,” the letter states.
The 33,000 cap for the first half of the fiscal year was reached in January and Department of Labor statistics show that many employers that need workers later than April 1 could be capped out of the program this year.
“As a result, small and seasonal businesses across the country, such as seafood processors and other critical hospitality and service businesses that are vital to the local economies in our states, will likely be locked out of a necessary program that they rely on during their busiest seasons. Failure to access these critical workers will harm small businesses, American workers and the economy,” the letter continued.
In 2015, after the statutory cap had been reached, the United States Citizenship and Immigration Services found that more than 5,000 unused visas were still available, the senators noted.
“Soon thereafter, the agency began accepting applications from businesses still hoping to hire workers through the program,” the letter states. “With that in mind, we respectfully request that (Kelly’s) office conduct an immediate audit of the number of unused visas from the first half of the fiscal year and project the likely usage rate for the second half of the fiscal year.”
The lawmakers suggested that any unused visas should be provided to eligible businesses that have been unable to secure an adequate number of workers due to the cap.
They also want to have more talks with the Department of Homeland Security about possible regulatory improvements to the H-2B program that could increase processing efficiency and predictability.