Sens. Collins, King Join Bipartisan Group of Senators in Outlining Concerns with H-2B Visa Cap

Press Release

U.S. Senators Susan Collins (R-ME) and Angus King (I-ME) joined a bipartisan group of 30 other senators in sending a letter to Secretary of Homeland Security John Kelly, outlining concerns that the H-2B visa statutory cap will soon be reached. The Senators requested that the Department of Homeland Security conduct an audit to determine the number of unused visas during the first half of the fiscal year and also requested that any unused visas be provided to eligible businesses that have been unable to secure an adequate number of workers due to the cap.

The H-2B temporary non-agricultural visa program is vital to small and seasonal employers across the country who depend on temporary workers to sustain their businesses and supplement their existing American workforce.

"In recent weeks, numerous businesses across the United States have contacted our offices expressing concern that the H-2B statutory cap will be reached soon, jeopardizing their small businesses and their American workers," the Senators wrote. "As a result, small and seasonal businesses across the country, such as seafood processors and other critical hospitality and service businesses that are vital to the local economies in our states, will likely be locked out of a necessary program that they rely on during their busiest seasons. Failure to access these critical workers will harm small businesses, American workers, and the economy."

"In 2015, after previously announcing that the statutory cap had been reached, USCIS determined that more than 5,000 unused visas were available," the Senators continued. "Soon thereafter, the agency began accepting applications from businesses still hoping to hire workers through the program. With that in mind, we respectfully request that your office conduct an immediate audit of the number of unused visas from the first half of the fiscal year and project the likely usage rate for the second half of the fiscal year….As with prior practice, any unused visas should be provided to eligible businesses that have been unable to secure an adequate number of workers due to the cap."

The letter was also signed by Senators Thom Tillis (R-NC), Mark Warner (D-VA), Bill Cassidy (R-LA), Ron Wyden (D-OR), John Cornyn (R-TX), Roy Blunt (R-MO), Chris Coons (D-DE), John Barrasso (R-WY), Michael Bennet (D-CO), Tom Carper (D-DE), Lindsey Graham (R-SC), Patty Murray (D-WA), Mike Enzi (R-WY), Amy Klobuchar (D-MN), Jerry Moran (R-KS), Tim Scott (R-SC), Roger Wicker (R-MS), Orrin Hatch (R-UT), Ben Cardin (D-MD), Richard Burr (R-NC), Lisa Murkowski (R-AK), James Lankford (R-OK), Johnny Isakson (R-GA), Cory Gardner (R-CO), Pat Roberts (R-KS), Mike Rounds (R-SD), Thad Cochran (R-MS), Dan Sullivan (R-AK), Bob Casey (D-PA), and Maria Cantwell (D-WA).

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