During this week’s House Appropriations Committee Markup of the Fiscal Year 2025 Department of Homeland Security bill, the committee passed by voice vote an amendment that would enhance the existing discretionary language by mandating that DHS release supplemental visas when the needs of seasonal businesses cannot be filled with US workers.
We are grateful to Reps. Harris (R-MD), Pingree (D-ME), Moolenaar (R-MI), Cuellar (D-TX), Joyce (R-OH) and Ruppersberger (D-MD) for their leadership in sponsoring the amendment.
The amendment states:
SEC. 406. Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon determining that the needs of American businesses cannot be satisfied during fiscal year 2025 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, shall increase the total number of visas available to qualifying aliens under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.
Discussions during the hearing included:
- Rep. Amodei (R-NV): It makes sense to clarify congressional intent and understands the need for temporary workers.
- Rep. Underwood (D-IL): Rose in support of amendment but spoke on the need to address protections and low wages for H-2B workers but thinks that these issues can be worked on concurrently. She also recognizes the work these workers provide to companies.
- Rep. Cuellar (D-TX): The US economy needs this amendment.
- Rep. Kaptur (D-OH): Discussed how we need to work on how to ensure that no one is exploited when seeking work in the US but did not oppose the amendment.
- Rep. Joyce (R-OH) and Rep. Bishop (R-NC) also spoke in support of the amendment.
- Rep. Pingree (D-ME) spoke about the need for this amendment in Maine and the need for workers to fill these temporary positions.
- Rep. Pocan (D-WI) said that this amendment doesn’t do much and said it was ironic that the committee does not want to be an authorizing committee but that is exactly what we are doing. He discussed statistics related to the program and said that this isn’t a perfect program so more discussions related to the program need to happen. He however did not oppose the amendment.
We will work to maintain this language as the bill moves to the House floor and continue to push for similar language to be included in the Senate Homeland Security Appropriations bills.
Thanks to everyone who reached out to their elected officials and helped build the support for this amendment.