Immigration

In a recent article for The Blood-Horse, Pryor Cashman Immigration Chair Colleen Caden and Associate Catherine Toner discuss the newly-revised H-2B visa program and its impact on employers and workers at America’s Thoroughbred racetracks and farms.

An Overview of the H-2B Visa Program

The H-2B program allows employers to hire foreign workers from designated countries to fill temporary non-agricultural positions. Each fiscal year, 66,000 H-2B visas are available, half of which are reserved for the first cycle, spanning October 1 to March 31, while the remaining can be obtained from April 1 through September 30.

The maximum yearly period of employment under the program is nine months, with full-time employment defined as a 35-hour work week. Additionally, employers are required to pay or reimburse employees for the full cost of the visa and related expenses within the first work week.

How to Obtain an H-2B Visa – Steps for Employers

In 2015, the H-2B visa program underwent significant changes as a result of a federal litigation which questioned the U.S. Department of Labor’s (“DOL”) authority to issue regulations governing the H-2B application process. Following the court’s ruling that the DOL could not unilaterally issue H-2B regulations, the DOL and U.S. Citizenship and Immigration Services (“USCIS”) jointly released interim final rules.

Under the current framework, an employer seeking H-2B employees must demonstrate to the DOL that there are no U.S. workers able, willing, qualified and available to fill the temporary position, and that employing foreign H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Employers can accomplish this through the following steps: 

1. Submitting a Prevailing Wage Determination request to the DOL that establishes the minimum wage rate the employer can offer based on the nature and location of the job;
2. Filing a job order with the State Workforce Agency outlining the job opportunity, minimum requirements and offered wage.  At this time, an employer should also submit the H-2B Application for Temporary Employment Certification to the DOL;
3. Submitting a recruitment report to the DOL after filing the H-2B Application; and
4. Seeking authorization from the USCIS proving the foreign workers intended for hire are qualified for the position.

To learn more about obtaining H-2B visas for employees working in the U.S. Thoroughbred industry, please visit Blood-Horse Online.

More About Pryor Cashman’s Immigration Group

Pryor Cashman’s Immigration Group is regarded as one of the premier practices in the United States. Our attorneys help clients navigate complex immigration issues, providing innovative approaches to difficult problems and ensuring that company employees secure proper documentation no matter where their business takes them.

Advising clients around the world, we devise short and long-term strategic immigration plans, develop and implement immigration compliance programs, and conduct compliance training. We also have extensive experience handling immigration issues related to changing corporate structure and represent companies in workplace investigations.

To learn more about our work in Immigration law, please visit here.