Nine House Members Seek More H-2B Low-skilled Worker Visas
There is a new immigration controversy brewing in the U.S. Congress as members on both sides of the aisle spoil for a fight over a renewed effort to increase the number of H-2B Visas for low-skilled foreign workers. H-2B Visas cover immigrants who work in lower-paying, low-skilled, temporary positions such as landscapers, hospitality, seafood processors and other non-agricultural jobs. These temporary, guest-worker visas allow workers to remain in the U.S. legally for up to 10 months at a time. Employers apply on behalf of prospective employees by filing a Form I-129, Petition for Nonimmigrant Worker, and they must be able to prove that there are:
- Not enough U.S. workers available, willing and qualified to do the work
- Employing H-2B workers will not adversely affect the wages or working conditions of U.S. workers
- The employer’s need for labor is temporary
(Full details are available on the USCIS website.)
Currently, Congress has in place a statutory limit on the number of H-2B Visas at 66,000 per fiscal year, and once that cap has been reached, USCIS will only accept applications for workers who are exempt from the H-2B cap. The new spending bill quadrupled the potential number of H-2B Visas to 264,000.
There are nine members of the House of Representatives led by Rep. Billy Long (R-MO.), other lawmakers and business people who would like to see the increased cap become permanent according to a story in Politico. They sent a letter urging the Appropriations Committee to keep the higher cap in place. On one side, the members from states who have industries that need more guest workers say that failure to raise the cap will have a detrimental impact on their seasonal businesses. Those in opposition criticize both the higher numbers of immigrants being brought into the country, but also the insufficient labor protections for American workers by taking jobs that were once permanent and making them temporary, depressing wages and increasing unemployment.
William Samuel, AFL-CIO’s Director of Government Affairs is wrote to the Appropriations Committee to request that H-2B Visa caps be kept in place, while business and industry organizations are lobbying Congress to make sure that the 66,000 visa limit is lifted. The appropriations bills that include H-2B visas have not yet been released. In the meantime, the controversy continues.
If you have questions about your rights while you are living in the United States, or about the process for becoming a permanent resident in Tennessee, we invite you to contact Knoxville immigration attorneys at LaFevor & Slaughter, or call 865-637-6258, to schedule a consultation to discuss your case today. We help immigrants and their families when their rights have been infringed upon, and we can help you, too.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.