Could US H-2B Visa Caps Damage Summer Business?
20/05/2008 by Robbie Ragless
As the American summer approaches resorts, hotels and amusement parks could face serious labour shortages; this comes as foreign workers on the H-2B scheme are subject to the enforcement of strict caps.
For years there has been an annual limit of 66 000 for the H-2B visa and this remains today. However returning workers were exempt from the limit. This essentially doubled the amount of people on the H-2B scheme and supplied much of the labour during holiday season, this is no longer.
As was often the case staff on the returning H-2B visa had long standing relationships with some employees who had gained the trust and expertise of the employer. In September last year this exemption was not renewed and employers were then subject to filling their needs through the strict limit.
The H-2B visa is for temporary skilled or unskilled non-agricultural workers who are needed for a year, extended to up to three.
Without these workers many businesses would face severe shortages leaving them with no option but to cut back on business. It is because of this threat that US Senator Judd Gregg is leading the campaign against the stringent cap. As recently as this week, Gregg was victorious in the Senate Appropriations Committee passing of a three year extension to the returning worker provision; however it is a long and arduous process that now needs approval from the Senate floor, "Congress must now act," said Gregg in a statement.
Previously foreigners on H-2B visas were in the country legally, paid tax and often returned home at the end of the season to come again the next year. Returning home is now not a possibility. This has caused many critics of the scheme to fear an even greater influx of hired illegal staff as businesses cannot keep up with demand and are in desperate need for staff.
"Each year thousands of foreigners on the H-2B return home after their stint working during the summer or winter holiday period, making enough money to sustain themselves and their family for long periods," says Christian Clarke of www.globalvisas.com. He adds, "The new law creates a catch 22 situation, should a person go home and loose out on the financial opportunity or remain in the US without seeing their family."
There are however critics of the H-2B visa believing that American workers should be used instead of foreigners. But the question needs to be asked, are there enough locals at hand, and better yet are they willing to do often menial labour, working up to 50 hours a week? For now, employees have to work with the amount of workers of have local or foreign.
The H2-B visa is dependant on an employer petitioning for the right to allow temporary workers to migrate to America. Typically H-2B workers fill needs in construction, landscaping, food services and hospitality services, particularly in seasonal periods or when work loads are high.
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