Senators urge DOL and DHS to increase H-2B Visas

A BIPARTISAN GROUP of senators is urging the Department of Labor and the Department of Homeland Security to release the maximum allowable number of additional H-2B visas for fiscal year 2025. H-2B visas address needs for American small businesses when local workers are insufficient for temporary, seasonal positions.

While employers must first attempt to hire American workers, when local workforce shortages occur, H-2B visas are viewed as essential for supporting local economies, they said in a joint statement.

“Many employers turn to the H-2B program to meet their workforce needs and sustain their businesses,” the senators wrote. “The H-2B program requires employers to recruit U.S. workers, who are prioritized and benefit from the presence of seasonal workers. A 2020 Government Accountability Office report concluded that ‘counties with H-2B employers generally had lower unemployment rates and higher average weekly wages than counties without H-2B employers.’”

They highlighted current employment data illustrating workforce struggles for seasonal businesses nationwide.

“The Department of Labor’s Job Openings and Labor Turnover Surveys show the rate of job openings has increased year over year for industries with the top five H-2B occupations,” they wrote. “The fiscal year 2025 H-2B first half cap was met on Sept. 18, about three weeks earlier than in fiscal year 2024. As a result, seasonal employers with peak needs in late fall and winter reach the cap before their season starts. Without cap relief, these employers cannot receive temporary, U.S. government-vetted guest workers.”

The letter making the request was signed by U.S. Senators Angus King of Maine and Mike Rounds of South Dakota. Other signatories include Sens. John Barrasso, Michael Bennet, Maria Cantwell, Ben Cardin, Tom Carper, Susan Collins, Chris Coons, John Cornyn, Kevin Cramer, Mike Crapo, John Fetterman, Lindsey Graham, Maggie Hassan, George Helmy, John Hickenlooper, Cindy Hyde-Smith, Tim Kaine, Amy Klobuchar, Cynthia Lummis, Joe Manchin, Jerry Moran, Lisa Murkowski, Pete Ricketts, Jim Risch, Jeanne Shaheen, Tina Smith, Dan Sullivan, John Thune, Thom Tillis, Chris Van Hollen, Mark Warner, Raphael Warnock, Peter Welch, Sheldon Whitehouse, Roger Wicker, Ron Wyden, Kyrsten Sinema, and Tim Scott.

King and Rounds have previously urged DHS and DOL to increase H-2B visa availability and have worked to ensure the program operates effectively. In 2022, they successfully urged the agencies to release the maximum number of H-2B visas, marking the first instance of a single rule allowing multiple supplemental visa allocations throughout the fiscal year.

Last summer, King sent a letter to DOL acting secretary Julie Su requesting an explanation for delays in processing labor certifications for H-2B visa applications.

In November, the Department of Homeland Security announced it would release over 64,000 supplemental H-2B visas for fiscal year 2024, exceeding the congressionally authorized discretionary cap for the second consecutive year.

U.S. hotels added 700 jobs in June, but a nationwide workforce shortage continues to hinder the filling of open positions, according to the American Hotel & Lodging Association. Total hotel employment stands at approximately 1.92 million, which is over 196,000 fewer than in February 2020, indicating a worker shortage.