{ "id": "R44849", "type": "CRS Report", "typeId": "R", "number": "R44849", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "H-2A and H-2B Temporary Worker Visas: Policy and Related Issues", "retrieved": "2023-06-11T04:05:11.988557", "id": "R44849_6_2023-05-11", "formats": [ { "filename": "files/2023-05-11_R44849_bd35968045b725db680464a0433070d824b51187.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R44849/6", "sha1": "bd35968045b725db680464a0433070d824b51187" }, { "format": "HTML", "filename": "files/2023-05-11_R44849_bd35968045b725db680464a0433070d824b51187.html" } ], "date": "2023-05-11", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R44849", "type": "CRS Report" }, { "source_dir": "crsreports.congress.gov", "title": "H-2A and H-2B Temporary Worker Visas: Policy and Related Issues", "retrieved": "2023-06-11T04:05:11.987367", "id": "R44849_4_2020-06-09", "formats": [ { "filename": "files/2020-06-09_R44849_4a7725581922a87ee74a1f446898d8f51224d3da.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R44849/4", "sha1": "4a7725581922a87ee74a1f446898d8f51224d3da" }, { "format": "HTML", "filename": "files/2020-06-09_R44849_4a7725581922a87ee74a1f446898d8f51224d3da.html" } ], "date": "2020-06-09", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R44849", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 586588, "date": "2017-05-10", "retrieved": "2020-01-02T14:34:15.935865", "title": "H-2A and H-2B Temporary Worker Visas: Policy and Related Issues", "summary": "Under current law, certain foreign workers, sometimes referred to as guest workers, may be admitted to the United States to perform temporary service or labor under two temporary worker visas: the H-2A visa for agricultural workers and the H-2B visa for nonagricultural workers. Both programs are administered by the Department of Homeland Security (DHS) and the Department of Labor (DOL). \nThe H-2A and H-2B programs\u2014and guest worker programs broadly\u2014strive both to be responsive to legitimate employer needs for temporary labor and to provide adequate protections for U.S. and foreign temporary workers. There is much debate, however, about how to strike the appropriate balance between these goals. \nBringing workers into the United States under either the H-2A or H-2B program is a multiagency process involving DOL, DHS, and the Department of State (DOS). As an initial step in the process, a prospective H-2A or H-2B employer must apply for DOL labor certification to ensure that U.S. workers are not available for the jobs in question and that the hiring of foreign workers will not adversely affect the wages and working conditions of U.S. workers. After receiving labor certification, the employer can submit an application, known as a petition, to DHS to bring in foreign workers. If the application is approved, a foreign worker who is abroad can then go to a U.S. embassy or consulate to apply for an H-2A or H-2B nonimmigrant visa from DOS. If the visa application is approved, the worker is issued a visa that he or she can use to apply for admission to the United States at a port of entry.\nMajor guest worker reform legislation was last considered in the 113th Congress. Since then, guest worker bills typically have proposed to change particular aspects of the existing H-2A and H-2B visas. \nLegislative action in recent years has focused on the H-2B visa, specifically the statutory numerical limitation on the visa and H-2B regulatory provisions. Regarding the H-2B numerical limitation, the Consolidated Appropriations Act, 2016 (P.L. 114-113) provided that a returning H-2B worker who had been counted against the statutory cap in FY2013, FY2014, or FY2015 would not be counted again in FY2016. This provision expired at the end of FY2016. For FY2017, related language in the Consolidated Appropriations Act, 2017 (P.L. 115-31) provides for the issuance of H-2B visas beyond the statutory limit under certain conditions.\nGuest worker proposals may contain provisions on a range of component policy issues. Key policy considerations for Congress include the labor market test to determine whether U.S. workers are available for the positions, required wages, and enforcement. 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