DHS Yields to Industry Pressures: Expansion of H-2B Visas

From the fishing industry to the tourism industry, businesses big and small rely on H-2B workers to fulfill seasonal gaps in labor supply. In response to pleas from American businesses across the country, the Department of Homeland Security (DHS) announced an additional 15,000 H-2B temporary non-agricultural visas to be allowed for the 2018 fiscal year. The decision by DHS comes in conflict with much of the Trump Administration’s immigration policies, which will allow foreign workers to fill jobs during the busy summer season. However, it is unlikely that the announcement marks more immigrant friendly policies from the Trump Administration.

Expansion of Seasonal Workforce Visa

Amidst pressures from business and industries struggling from worker shortages, Secretary Kirstjen Nielsen announced that the Department of Homeland Security would allow an additional 15,000 H-2B visas, adding to the 66,000 H-2B visa allowance capped early this year. For years, businesses have pressured Congress to raise the cap on low-skilled seasonal workers, but to no avail. The Wallstreet Journal notes, however, that Congress instead imbued the secretary of homeland security with the authority to issue up to 69,000 more H-2B visas if she determines the expansion necessary. Last year, former Secretary John Kelly allowed a similar expansion (he too raised the H-2B allowance by 15,000). At the time, the expansion was advertised as a special occurrence and the 66,000 H-2B cap was expected to be sufficient for FY 2018. However, with unemployment at the lowest it has been in years, under 4%, businesses are struggling to find willing workers.

Protecting American Workers

Although the announcement may appear pro-immigration in scope, the Secretary Neilson was clear that the H-2B expansion was a measure to protect American business. “The limitations on H-2B visas were originally meant to protect American workers, but when we enter a situation where the program unintentionally harms American businesses it needs to be reformed.”  Although the decision will positively impact thousands of understaffed businesses, uncertainty remains for other visa programs, like H-1B, for FY 2019.