SEC. USCIS will continue to accept H-2B petitions Any prospective H-2B worker who does not qualify as a returning worker will be subject to the FY 2016 H-2B cap unless he or she has previously been counted toward the H-2B cap or is cap-exempt. The returning worker exemption act was created to protect all returning H-2B visa workers who begin employment from the limited nature of the cap system. Department of Labor data show that nearly $1.8 billion was stolen from workers employed in the main H-2B industries between 2000 and 2021. Call Jennifer Ginsberg on phone number (973) 713-1817 for more information and advice or to book an appointment. We continue to accept petitions for H-2B By Pramod Thomas -. Feel free to call Kristen Fefes at 303 757-5611 with questions or comments. What this report finds: The H-2B program is growing and will reach its largest size ever in 2022. H-2B Returning Worker Exception Act of 2021. Reps. Cuellar (S-TX), Joyce (R-OH) and a bipartisan group of lawmakers just introduced the H-2B Returning Worker Exception Act, which would create a permanent H-2B returning worker cap exemption and include some program efficiency and integrity Below are a few updates on the current happenings with the H2B program & grassroots action needed. ALERT: USCIS has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only under the recently announced H-2B supplemental cap temporary final rule. In fiscal 2015, the State Department issued nearly 70,000 H-2B visas.3 However, the returning worker exemption, which has been in effect since December 2015, is likely to result in a much higher number of H-2B visas being issued in fiscal 2016 than the annual cap of 66,000 (for more about the returning worker exemption, see the next section). in: Government Affairs. The H-2B Returning Worker Exception Act of 2021, introduced Tuesday, is designed to develop a long-term solution to permanently address the annual H-2B visa cap. We continue to accept petitions for H-2B nonimmigrant workers for the additional 11,500 visas allotted for nationals of El Salvador, Guatemala, Honduras and Haiti, regardless of whether they are returning workers. Cap Count for H-2B Nonimmigrants ALERT: On May 21, 2021, the Department of Homeland Security and the Department of Labor announced a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 22,000 additional visas through the end of fiscal year 2021. H-2B Returning Worker Exemption Act Earlier this month, the Department of Labor (DOL) announced that it had received requests for more than 136,000 H-2B workers and there are only 33,000 available under the congressionally authorized statutory cap. Definitions. The Returning Worker Exemption Act of 2021 was introduced by a group of bi-partisan legislators: Rep. Keating (D-MA), Rep. Joyce (R-OH), Rep. Cuellar (D-TX), Rep. Chabot (R-OH), Rep. Pingree (D-ME), and Rep. Harris (R-MD). Short title. A returning worker exemption would allow H-2B visa workers who previously worked in the USA the ability to work in the USA in 2022 without counting against the cap. On May 18, 2022, the Department of Homeland Security and the Department of Labor published a joint temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 35,000 additional visas during fiscal year (FY) 2022 for positions with start dates on or after April 1, 2022, through Sept. 30, 2022. The agency continues to accept H-2B filings for Northern Triangle country (Honduras, Guatemala and El Salvador) nationals until July 8, 2021. Wednesday, December 1, 2021. The Returning Worker Exception Act of 2021 makes several permanent changes to the H-2B program. On June 15, 2021, the bipartisan returning worker exemption act of 2021 was introduced to exempt the entire returning H-2B visa workforce from the limit system. At the same time, the industries that H-2B workers are employed in see mass violations of wage and hour laws. The spouse and children of H-2B workers classified as H-4 nonimmigrants also do not count against this cap. Additionally, petitions for the following types of workers are exempt from the H-2B cap: Fish roe processors, fish roe technicians, or supervisors of fish roe processing; note: no comments. Under the recently announced H-2B supplemental cap temporary final rule increasing the cap by up to 35,000 additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022, USCIS has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only. MARYLAND- In an effort to make the process of getting H-2B visa workers smoother, U.S. Representative Andy Harris is hoping to get legislation passed. These supplemental June 26, 2021. Under the recently announced H-2B supplemental cap temporary final rule increasing the cap by up to 35,000 additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022, USCIS has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only. 15 Jun 2022. This bill modifies the H-2B (temporary nonagricultural workers) nonimmigrant visa program, including by exempting certain workers from an annual numerical limit on such visas and requiring civil penalties for program violations. The American Hotel & Lodging Association is calling for the passage of the Returning Worker Exception Act of 2021 that would reform the H-2B visa program to expand the program. 2021. U.S. HOTELS ARE facing a post-pandemic labor shortage that is hindering their ability to take full advantage of the recover. The H-2B returning worker exemption provides relief from the annual cap on H-2B visas by exempting an H-2B worker from the current fiscal years cap if he or she has worked for the petitioning employer during one of the previous three years. Many hotels rely on the H-2B program to augment their domestic workforce during their peak season to Exemptions (P.L. In fiscal 2015, the State Department issued nearly 70,000 H-2B visas.3 However, the returning worker exemption, which has been in effect since December 2015, is likely to result in a much higher number of H-2B visas being issued in fiscal 2016 than the annual cap of 66,000 (for more about the returning worker exemption, see the next section). In 2022, the Department of Labor received applications for a record breaking 136,555 seasonal worker visas for the second half of the FY2022 H-2B visa cap. In addition, the DEP Highlands Rules include four waivers that allow some degree of deviation from the enhanced environmental standards of the Act . The U.S. Returning worker H-2B petitions received after June 1, 2021 will be rejected. You must document this meal break on the minors time We recommend the following MLA -formatted citation when using the information you see here in academic work: H.R. show another citation format: APA. The following "call to action" was written by JKJ Workforce regarding a proposed Returning Worker Exemption for the H-2B Program. There are limits on daily and weekly hours, and limits on the actual hours of work allowed. Include an H-2B returning worker exemption in the DHS funding bill #saveH2B 2022 Southern Chapter Networking (Sep 2022) Category: Networking. TEB administers the Voluntary Closing Agreement Program (TEB VCAP) to assist governmental issuers in resolving violations of the federal tax laws applicable to their tax-exempt bonds, tax credit bonds, or direct pay bonds (tax-advantaged bonds). The H-2B returning worker exemption is no longer in effect as of. The upcoming omnibus (spending) bill that is expected to be voted on in Washington will not contain a H-2B Returning Worker Exemption for 2022. For purposes of this Act: (1) The term H2B, when used with respect to a worker or other individual, refers an alien admitted 18 June 2021. by: Casey Reynolds, PhD. The bill will contain the same discretionary language granting the Department of Homeland Security the authority to release an additional 64,716 H-2B visas, as was written in the bill in the past. The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. Why it The remaining 11,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti, Honduras, Guatemala, and El Salvador. Fact Sheet #78J Employer Obligations Under the Temporary H-2B Visa Cap Increase for the Period April 1, 2022 to September 30, 2022; Posters. What this report finds: The H-2B program is growing and will reach its largest size ever in 2022. The Highlands Act includes seventeen exemptions from the provisions of the Act and Regional Master Plan. Hours of Work Child labor laws protect minors from working excessive hours. Breaks: All minors must be given a 30-minute meal break after 5 continuous hours of work. The first being reenacting the returning worker exemption that would exempt returning workers from counting against the 66,000 cap if the H-2B worker is a returning worker in any one of the previous three fiscal years. Map and Directions. This break can be paid or unpaid. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. At the same time, the industries that H-2B workers are employed in see mass violations of wage and hour laws. At a glance On August 13, 2021, USCIS received enough H-2B petitions for returning workers under the remaining H-2B visas made available by a supplemental H-2B regulation for FY 2021. Department of Labor data show that nearly $1.8 billion was stolen from workers employed in the main H-2B industries between 2000 and 2021. (973) 713-1817. 822. See other contact addresses. 8 Franklin Pl Morris Plains, NJ 07950-2205. Following are summaries of each exemption and waiver. 3897 117th Congress: H2B Returning Worker Exception Act of 2021. www.GovTrack.us. Employee Rights Under the H-2B Program Poster (PDF) Spanish Version Poster (PDF) Key Protections for H-2B Workers (PDF) Spanish Version Poster (PDF) H-2B Workers and COVID-19 (PDF) At a glance USCIS has received enough FY 2021 H-2B petitions to reach the 16,000 supplemental cap for returning workers. We continue to accept petitions for H-2B 2. Citizenship and Immigration Services (USCIS) recently announced that it has received sufficient filings to reach the cap for the additional H2B visas made available to returning workers. The temporary final rule provides that 13,500 supplemental H-2B visas are limited to returning workers, regardless of country of nationality who were issued H August 22, 2022 . This legislation is set to provide permanent H-2B cap relief through reinstating the returning worker exemption which was enacted from 2005-2007 Returning Worker Exemption Act of 2021. USCIS will reject and return any cap-subject petitions for H-2B returning workers received after August 13, 2021, along with accompanying fees. This Act may be cited as the H2B Returning Worker Exception Act of 2021. Exempting returning H-2B workers from the visas cap offers Maines small businesses a leg up during their busiest season, brings experienced seasonal workers back to our region, and will help them to build back better. Every year, thousands of employers must turn to foreign workers, through the H-2B visa program, in order to meet their temporary, seasonal The returning worker Why it