comprehensive rule; and prevent DOL from implementing the provisions of the interim final rule related to corresponding employ- ment and the ¾ guarantee.
H-2B Processing Provisions In addition to the cap relief
language above, the DHS bill includes report language regarding program processing delays. This language requires the Department of Homeland Security, the Department of Labor and the Department of State to report on options to improve the execution of the H-2A and H-2B visa pro- grams, including: processing efficiencies; combatting human trafficking; protecting worker rights; and reducing employer burden, to include the disadvan- tages imposed on such employers due to the current semiannual distribution of H-2B visas on October 1 and April 1 of each fiscal year. This report is to be forwarded to Congress by June 2020 and will provide us additional talking points when discussing this matter with supporters on Capitol Hill.
Mobile Housing Finally, the Department of
Labor, Health and Human Services, and Education (Labor-HHS) Appropriations section of the bill
includes our requested report language directing the Department to provide a report within 120 days of enactment of the legislation to the Committees on mobile housing. This is a significant development because previous efforts to secure informa- tion on this wayward policy have failed. However, this report seeks detailed data, economic analysis, research, and third-party reports the Department used to justify the inclusion of the policy in the IFR leading to its publication creating the mobile housing problem. The report language opens by stating that “The Committee is disappointed with the Department’s report on the housing policy for industries requiring a mobile workforce, as required by Senate Report 115– 289. Specifically, the Department did not include a sufficient de- scription of the impact of the policy found in the 2015 Interim Final Rule [IFR].” The enacted language requires DOL to respond to Congress with this report within 30 days of enactment of the funding measure — by the end of January 2020.
Looking forward — Permanent Relief
As the legislative agenda is set for 2020, we continue to work on the adoption of permanent relief provisions for the H-2B program. Presidential election year politics and the toxicity created by the impeachment process will make that objective challenging; however, there are Members of Congress who want to see this issue resolved permanently. We are working with these key legislators to develop a permanent H-2B reform bill. OABA, along with our SEA and H-2B Workforce Coalition colleagues, continue to have these high level conversations and advocate for a final product that resolves this issue once and for all.
2019 was indeed a busy legisla- tive year for OABA and the inclusion of these H-2B Cap Relief and Reform measures is worth celebrating. Securing these legislative provisions represents a significant investment of your time and resources. In 2020, we will use our collective voice to leverage these successes to influence the adoption of long-term cap relief solutions.
John Ariale is a Principal at Husch Blackwell Strategies, where he works with Gregg Hartley and William Fox as part of OABA’s Government Relations Team in Washington, DC. Husch Blackwell represents OABA before Congress and the Administration.
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