H-2B update: cap reached, returning worker exemption, DOL audits Email
Written by John McMahon   
Wednesday, October 20, 2021 12:00 AM

As you may know, it was announced earlier this week that the H-2B Cap has been reached for first-half of FY2022 (winter-season). Our first focus of advocacy efforts is to ask Senators Bennet and Hickenlooper to help us get the release of additional discretionary H-2B visas.

While we believe that DHS is prepared to release those visas, we anticipate that DOL will be slow in responding. Therefore, your outreach to your Senators, asking them to help us influence DOL to expedite the release of the visas, is very important.

Please see this letter that will be going to both DHS and DOL requesting the immediate release of the additional visas. ALCC is working jointly with the National Ski Areas Association (NSAA), whose industry depends on availability of the first half of the year’s visas. Together we’ll urge Bennet and Hickenlooper to support us.

ALCC, along with NALP, believes that this collaboration with NSAA in expediting the release of discretionary visas for the first half of the year could potentially help expedite discretionary visas in the second half of the year when that cap is also met.

In a parallel effort, ALCC is resuming its efforts to ask our Congressional representatives to support and co-sign the returning worker exemption that is proposed in the “H-2B Returning Worker Exception Act of 2021 (H.R. 3897).” Three months ago, a bipartisan group of U.S. Representatives--Rep. Cuellar (D-TX), Rep. Joyce (R-OH), Rep. Keating (D-MA), Rep. Chabot (R-OH), Rep. Pingree (D-ME) and Rep. Harris (R-MD)—introduced the H.R. 3897). We thank these champions for their efforts, but to turn this proposal into law and help your seasonal business we need a massive grassroots effort to recruit co-sponsors and it starts now!

We’d like for you to reach out to our Congressional representatives. Here is the list. Contact them to ensure that they sign on as a co-sponsor to H.R. 3897 and support any legislation or language that aims to reform the H-2B program to provide cap relief. We’ve created some talking points to give you more information about H.R. 3897 and help you with your calls and emails.

Finally, we'd like to share a memo from Secretary Mayorkas regarding worksite enforcement. We already know of at least one Colorado landscape company that has been had an audit recently by DOL in cooperation with other agencies such as DHS. If you have been audited this year, I would like to hear about your experience. Please contact John McMahon via email or at 303 757-5611 to discuss.