On December 15, 2015, Congress released the final omnibus spending bill for the remainder of fiscal 2016 and it includes important relief for H-2B employers. The House and Senate are expected to pass the measure in the next few days and President Obama is expected to sign the bill into law. Lawmakers who fought for these provisions face an onslaught of criticism from anti-immigration and labor groups, so please take a few minutes to thank them for recognizing the importance of the H-2B program to seasonal employers.

The bill includes several beneficial H-2B provisions that will do the following:

  • Exempt H-2B returning workers from the 66,000 annual cap;
  • Address H-2B wages and allow the use of private wage surveys, which are not allowed under the new final H-2B wage rule;
  • Clearly define seasonal as ten months, as opposed to the nine months in the new interim final H-2B comprehensive rule;
  • Prevent DOL from implementing the provisions of the interim final rule related to corresponding employment and the 3/4 guarantee; and
  • Prevent DOL from implementing the new and burdensome DOL enforcement scheme in the IFR related to audit and the Certifying Officer (CO) assisted recruitment.

Please take a moment to thank your elected officials for their support. Click the link to log in and send your message.