President to sign omnibus spending bill with H-2B visa relief

From a National Thoroughbred Racing Association release

Congress early this morning passed a fiscal 2018 omnibus appropriations bill which includes language that could almost double the number of H-2B visas available, potentially improving a dire situation for Thoroughbred trainers, many of whom depend on these visas for the industry’s sizable foreign temporary workforce. The bill provides the Secretary of Homeland Security the authority to raise the cap on H-2B visas if the Secretary, in consultation with the Department of Labor, determines that there is an economic need.

President Trump announced Friday afternoon he had signed the bill, although he said there were “a lot of things I’m unhappy about in this bill.”

Under the legislation, the total number of H-2B workers that may enter the U.S. during fiscal 2018, which ends on September 30, 2018, will then be capped at 129,547. If fully implemented, this new cap would be equal to the number of new and returning H-2B workers admitted to the U.S. in fiscal 2007, which is the fiscal year when the highest number of H-2B foreign temporary workers participated in the H-2B program.

“Congress provided the Secretary of Homeland Security with the same discretionary power to increase H-2B limits as part of the 2017 omnibus spending bill passed in May of last year,” said NTRA President and CEO Alex Waldrop. “Unfortunately, the Secretary did not make the necessary finding of economic need until July of last summer when it was too late for most employers to take advantage of the increased number of H-2B visas before the end of the fiscal year.”

The NTRA, through its membership in the H-2B Workforce Coalition, will urge the Administration to swiftly implement this H-2B cap relief and will continue to encourage Congress to pass permanent H-2B cap relief.