H-2B Cap Legislation

On June 24, the House Appropriations Committee passed a Fiscal 2023 funding bill with H-2B cap relief language and a commitment for a bipartisan group of lawmakers, industry, and labor unions to try to negotiate a permanent solution beginning in late July.

After days of negotiations, some very negative anti-H-2B proposals being floated, and very strong support and behind-the-scenes work from Reps. Harris (R-MD), Pingree (D-ME), Cuellar (D-TX), Joyce (R-OH), and Ruppersberger (D-MD), the committee adopted an amendment that improves the current provision of law that gives the Department of Homeland Security (DHS) the discretion to increase the annual allocation of H-2B visas by including specific timelines for DHS action. While not our desired returning worker exemption, the timelines will help, and for the first time, we have an agreed-to process to try to reach consensus on permanent cap relief. This agreement also killed proposed amendments that would have eliminated the ability for many employers to use the program. This is the best outcome that we could have hoped for. And with the backing of our Congressional champions, we will work with allied associations and the H-2B Workforce Coalition to push for a permanent returning worker exemption during the negotiations.

The House has not yet scheduled further action on this bill. The Senate has not yet taken any action on appropriations bills. We will continue to monitor the appropriations process and keep our members updated.