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116th Congressional Priorities

  • Passage of permanent cap relief legislation for the H-2B visa program.
  • Ensure the continuation of legislative provisions to allow the use of private wage surveys, prohibit the enforcement of the three-fourths guarantee provisions, and define the duration of temporary need (seasonality) as ten months. [For Fiscal Year 2021]
  • Secure relief from unfair Department of Labor rules regarding the provision of housing for H-2B employers in the mobile entertainment industry.
  • Identify opportunities in future economic stimulus bills to protect the mobile entertainment industry and our partners in the fair industry.
  • Seek inclusion of the mobile entertainment industry in any bills related to the Small Business Loan program as it is expanded to meet the challenges of the COVID-19 crisis.
116th Congress Achievements
  • Law passed allowing for an additional 64,716 of H2B Visa for Fiscal Year 2020. The Trump Administration authorized 35,000 additional visas.
  • Law passed that continues to allow for private wage surveys when determining the prevailing wage in regard to the H2B program for Fiscal Year 2020 (through September 30, 2020).
  • Law passed that continues the prohibition of enforcement of three- fourths guarantee rules, the definitions of corresponding employment and the temporary need for                                        purposes of the H-2B program for Fiscal Year 2020 (through September 30, 2020).
  • Secured enactment of Legislative Language Requiring a Report to Congress on H-2B Processing Issues.  Language was included in the Department of Homeland Security Fiscal Year 2020 Appropriations bill that directs Department of Homeland Security and Department of Labor to create a report on options to improve the execution of the H-2A and H-2B visa programs, including: processing efficiencies; combatting human trafficking; protecting worker rights; and reducing employer burden, to include the disadvantages imposed on such employers due to the current semiannual distribution of H-2B visas on October 1 and April 1 of each fiscal year.
  • Secured enactment of Legislative Language Requiring a Report to Congress on Mobile Housing Policies. Language was included in the Department of Labor Fiscal Year 2020 Appropriations bill that directs the Department of Labor to report back on calculated cost borne by employers to comply with the policy and the benefit of the policy to U.S. and guest workers both at the time of the development of the 2015 IFR and the current cost to comply with the housing policy and benefit of the policy to U.S. and guest workers, as well as a comparison of the housing costs and benefits between the industries that use a mobile workforce compared to other industries that utilize the H– 2B program.
Active Legislation
  • H.R. 798 Returning Worker Accountability Act of 2019
    This bill exempts from the annual cap on nonimmigrant H-2B visas (temporary nonagricultural services) all returning workers who were already counted toward such cap during any of the preceding three fiscal years. To read the bill click here.
  • S. 135 Prioritizing Help to Businesses Act
    This bill authorizes additional H-2B visas for temporary nonagricultural workers in states with relatively low unemployment. To read the bill click here.
  • H.R. 4795 Mobile Workforce State Income Tax Simplification Act of 2019
    The bill exempts employers from state income tax withholding for employees that are not residents of a specific state or have not been employed in the state for more than 30 calendar days a year. To read the bill click here.

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