PLANET Legislative Alert: H-2B Cap Reached

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On Feb. 2, the Department of Homeland Security (DHS) announced that the H-2B cap was reached for the first half of fiscal 2015. According to the press release, the DHS will reject new H-2B petitions that were received after Jan. 26 and that requested an employment start date prior to April 1.

This announcement follows a December announcement from the Department of Labor that it will no longer accept employer-provided H-2B wage surveys. Employers now must rely on the prevailing wage rates derived from the DOL database, which are often higher than those derived from private wage surveys.

What can you do?

  • Call your two senators and member of Congress and ask them to pass legislation to reinstate the H-2B returning worker exemption and allow employers to use wage surveys. You can reach your senators and representative through the U.S. Capitol switchboard at 202-225-3121.
  • Click here to send a letter to your senators and representative.
  • Tweet about the need for Congress to immediately address the H-2B program. Sample tweets are below:
    • Congress must renew the H-2B returning worker exemption so I can hire legal seasonal workers!
    • Save small and seasonal businesses. Congress must renew the H-2B returning worker exemption.
    • I am committed to a legal workforce. Congress must renew the H-2B returning worker exemption so I can hire legal seasonal workers!
    • Save small and seasonal businesses. Pass legislation today to renew the H-2B returning worker exemption!
  • Let Tom Delaney, PLANET’s director of government affairs, know if the cap announcement impacted your company.

Your help is needed to save the H-2B program, so call, write or tweet today.