Create Cap Exemptions for Returning WorkersÂ
Congress has occasionally authorized temporary “returning worker” exemptions from the 66,000 cap, allowing certain workers who previously held H-2B status to be rehired without counting against the new year’s cap. This proposal would make such exemptions permanent for workers who were counted against the cap at least once in the preceding three years, so that repeat participants could return outside the annual limit.
The Case ForÂ
Supporters argue that H-2B cap exemptions for returning workers are a way to bring in the best H-2B-eligible candidates to meet the rapidly rising US need for foreign workers, given our aging population. They suggest that the positive impacts of filling positions for which there are clearly insufficient US workers are even more pronounced for returning H-2B workers. Proponents note that returning workers were previously compliant with all visa protocols. In terms of the impact on the American economy and job creation for US workers, advocates observe that employers seek to bring back productive workers who have not had issues, such as criminal activity. Backers note that returning workers have the additional benefit of not needing training. They also argue that allowing this exemption would encourage more H-2B visa holders to go home rather than overstay their visa, knowing that have a greater chance to come back to the US for future work.
The Case Against
Arguments against cap exemptions for returning workers are made from two different perspectives. From the perspective of concern for US workers, opponents argue that it would increase the number of H-2B visa holders, displacing native workers and/or reducing their pay and labor standards.
From the perspective of concern for foreign workers, opponents argue that if we want to benefit more from the labor of returning workers who have proved their worth and net positive impact, we should grant them permanent Green Card visas, which can ultimately lead to citizenship.
Other opponents favor bringing in more H-2B workers but are skeptical that this exemption would actually have that effect. They suggest that it is unclear if employers who otherwise do not have a pre-existing relationship with a worker would hire someone simply because they might be exempt from the cap. These opponents also observe it is an inadequate measure because the demand continues to exceed the cap to an extent greater than the number of returning migrants.