Some companies with pending applications in Atlanta have voiced concern that the annual cap on H-2B will be met by applications from other centers while their applications are held up in Atlanta.

 

The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit, or cap, on the number of foreign workers who may receive H-2B status during each fiscal year (October through September). The certification is issued to the employer, not the worker, and is not transferable from one employer to another or from one worker to another.

 

A DOL contact informed TCIA’s lobbyist in Washington they are very aware of the issue in Atlanta. In fact, they are fielding up to 20 calls a day from members of Congress and they are putting significant resources into Atlanta to address the problem. 

TCIA has been assured that DOL will maintain its “first-in, first-out” system, so applications in Atlanta should not get bumped in line for purposes of the cap by applications filed later at other centers. 

Raising the Visa cap to a reasonable level has been a key concern for TCIA members in the overall context of Immigration Reform. Funding supplied by our members through the Voice for Trees Political Action Committee (VFT PAC) has allowed our voice to be heard. As a member of the Essential Workers Immigration Coalition, TCIA has pushed Congress to prioritize immigrant worker issues such as raising the H-2B Visa cap and revising employment verification systems. 

Please let TCIA know immediately if you experience any problems with pending H-2B applications. Contact garvin@tcia.org. Thank you.