H–2B Returning Worker Exception Act of 2021

H-2B Returning Worker Exception Act of 2021

This bill modifies the H-2B (temporary nonagricultural workers) nonimmigrant visa program, including by exempting certain workers from an annual numerical limit on such visas and requiring civil penalties for program violations.

Under this bill, if a worker seeking a H-2B visa has been counted toward the 66,000 annual cap on such visas in one of the three preceding fiscal years, that worker shall not be counted against the cap again.

Furthermore, the Department of Homeland Security (DHS) must impose a civil monetary penalty on an employer for (1) failing to meet requirements related to an H-2B visa petition, or (2) making a willful misrepresentation of material fact in such a petition.

DHS must also ensure the establishment of an electronic platform (1) for employers to submit and request approval of an H-2B petition, and (2) to act as a single point of access for applicants and the relevant government agencies. The Department of Labor must maintain a publicly available online database of all job orders by H-2B employers.

Furthermore, Labor may take certain actions to enforce program requirements, such as imposing penalties and seeking injunctions.

The bill provides statutory authority for the current practice of limiting the program to workers who are nationals of countries approved by DHS. DHS may make exceptions to this limitation in individual cases if it is in the U.S. interest to do so. DHS shall select approved countries based on various factors, such as the rate of overstay by H-2B visa holders from each country.

Bill 117 HR 3897, also known as the H-2B Returning Worker Exception Act of 2021, is a piece of legislation introduced in the US Congress. The bill aims to address the issue of temporary non-agricultural workers who have previously been in the United States on an H-2B visa and are seeking to return for seasonal work.

The H-2B visa program allows employers to hire foreign workers for temporary non-agricultural jobs when there are not enough US workers available. However, there is a cap on the number of visas issued each year, which has led to a shortage of workers for industries such as landscaping, hospitality, and seafood processing.

The H-2B Returning Worker Exception Act of 2021 seeks to exempt returning H-2B workers from the annual cap, allowing them to return to the US for seasonal work without counting towards the overall visa limit. This would help businesses that rely on seasonal workers to meet their labor needs and ensure that they can continue to operate effectively. Supporters of the bill argue that it will help alleviate labor shortages in key industries and support economic growth. However, critics have raised concerns about the impact on US workers and the potential for exploitation of foreign workers. Overall, the H-2B Returning Worker Exception Act of 2021 is a complex piece of legislation that aims to address the challenges faced by businesses that rely on temporary non-agricultural workers. It will be important to closely monitor the implementation of the bill and its impact on both employers and workers in the coming months.