The Senate Appropriations Committee released draft fiscal year 2021 funding bills this week, as discussions between the House and Senate continue on a final spending package to fund the federal government for the current fiscal year that began on October 1. Although the Senate version of the Department of Homeland Security (DHS) funding bill does not address the H-2B cap, the following report language, related to the distribution of these visas, is included:
H–2B Visa Distribution. —The Committee is concerned that the current semiannual distribution of H–2B visas on April 1 and October 1 of each year unduly disadvantages certain employers and employees. The Committee directs the Department, in consultation with the Department of Labor, to examine the impacts of the current H–2B visa semiannual distribution on employers, employees, and agency operations and to provide the Committee with a briefing on the study not later than 180 days after the date of enactment of this act.
The House Appropriations Committee has already passed its DHS funding bill. This version includes the same cap language that was part of the FY 2020 DHS budget, which gives the DHS the ability to increase the annual H-2B visa cap by almost 70,000 visas if the needs of seasonal businesses cannot be met with American workers. The House bill also includes H-2B visa distribution language similar to that offered by the Senate bill and language requiring the Administration to report on various H-2B visa violations related to repeat violations and distribution of visas to the largest H-2B employers.
The federal government is now operating under a temporary spending bill that runs through December 11, which gives lawmakers until then to work out budget details for the fiscal year that ends on Sept. 30 2021, The NTRA, as a member of the H-2B Workforce Coalition, will use this time to push for a higher H-2B visa cap in the final DHS budget language to help horse trainers who rely on the H-2B visa program to fill many backside positions.