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Harris Issues Statement on the DHS and DOL Addition of 35,000 H-2B Visas

May 24, 2022

WASHINGTON, DC: Rep. Andy Harris, M.D. (MD-01) is pleased to see that the Department of Homeland Security (DHS) and Department of Labor (DOL) have finally announced an additional 35,000 temporary H-2B visas. The release of these additional visas was made possible by the Harris/Pingree (D-ME) amendment to the FY22 Department of Homeland Security Appropriations Bill, which was signed into law in March.

The supplemental H-2B visa allocation consists of 23,500 visas available to returning workers (received an H-2B visa or were otherwise granted H-2B status during one of the last three FYs) The remaining 11,500 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers. The semiannual cap of 33,000 visas for the second half of FY 2022 was reached on February 25, 2022.  

Congressman Harris issued the following statement:

“Although this announcement certainly could have come sooner, it is welcome news for the many businesses across Maryland’s 1st District who rely on these workers, especially with the summer season upon us.  The release of these additional visas is a step in the right direction, and I hope Congress acts quickly on the Returning Workers Exception Act that Rep. Cuellar (D-TX) and I put forward to permanently fix this annual labor problem.”

Additional background:

Congressman Harris held an in-person meeting with Labor Secretary Marty Walsh on March 3rd.  In that meeting, he asked Secretary Walsh to move quickly alongside DHS in issuing supplemental visas to businesses in time for the busy summer season.

Congressman Harris is also an original co-sponsor of H.R. 3897, the H-2B Returning Worker Exception Act.  This legislation is a permanent solution to the chronic H-2B visa issues that plague seasonal businesses such as the iconic crab houses of Maryland’s Eastern Shore.  The bill would exempt workers who previously held an H-2B visa in one of the last three fiscal years from counting against the annual 66,000 statutory cap.  You can read his joint letter to the editor on this bill with Rep. Cuellar (D-TX) in the Wall Street Journal here.

The H-2B visa program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States.The employment must be for a limited period of time, such as a one-time occurrence, seasonal, or intermittent need.Employers seeking to hire H-2B workers must take a series of steps to test the U.S. labor market.They must provide certification from the Department of Labor that proves there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. 

For media inquiries, please contact Congressman Harris’ Washington, DC office at 202-225-5311, or contact Anna Adamian at Anna.A@mail.house.gov.