Shaheen, Hickenlooper & King Urge Department of Labor to Improve Processing Times for H-2B Visas, Help Tourism & Seasonal Employers as Peak Season Approaches
(Washington, DC) – U.S. Senator Jeanne Shaheen (D-NH), a senior member of the Senate Small Business and Entrepreneurship Committee, led a bipartisan letter with Senators John Hickenlooper (D-CO) and Angus King (I-ME) urging Department of Labor (DOL) Acting Secretary Julie Su to address the extreme delays affecting the DOL’s processing of labor certifications for H-2B visa applications. These delays are exacerbating severe staffing challenges for seasonal businesses that rely on H-2B visas to meet demand for their products or services.
“We write to express concern about the Department of Labor (DOL)’s failure to process H-2B visa labor certifications in a timely manner,” the Senators wrote, in part. “As you know, many seasonal businesses rely on H-2B visas to meet the demands of their busy season.”
“These delays mean that many employers have not been able to even begin their visa application process with the Department of Homeland Security until after the date on which they needed their workers to start. This is entirely unacceptable,” continued the Senators. “We understand that demand for these visas has increased in recent years as seasonal industries face extensive workforce shortages. However, DOL must ensure it is able to meet this increased demand, as its current processes are causing substantial hardship to employers in our states. […] We stand ready to work with you to improve these processes and ensure that DOL is able to meet the needs of our seasonal employers.”
In recent years, employers have faced extreme delays in the DOL’s processing of applications for labor certifications. Regulations require the department to issue a first action (either a Notice of Acceptance or Notice of Deficiency) on every application within seven business days of receipt. However, this year, the department has taken more than 90 days to issue a first action on an alarming number of applications. For example, many employers who first filed with the DOL between January 1 and January 3 with a requested worker start date of April 1 did not receive a first action from the DOL until as late as the third week of April, with labor certifications issued as late as the second week of May. In the letter, the Senators submitted questions on the nature of these delays and DOL’s strategy to remedy the situation.
The letter can be read in full here.
U.S. Senators John Cornyn (R-TX), Susan Collins (R-ME), Joe Manchin (D-WV), Mike Crapo (R-ID), Thom Tillis (R-NC), Chris Coons (D-DE), James Lankford (R-OK), Amy Klobuchar (D-MN), Sheldon Whitehouse (D-RI), Maggie Hassan (D-NH), Kevin Cramer (R-ND), Cynthia Lummis (R-WY), Lindsey Graham (R-SC), James Risch (R-ID), Lisa Murkowski (R-AK), John Barrasso (R-WY) and Michael Rounds (R-SD) also signed the letter.
Shaheen has long fought to improve the H-2B program, which is pivotal for Granite State businesses in the hospitality, tourism and landscaping industries – particularly during peak seasons. She has long advocated to increase the authorization of these visas. Shaheen has repeatedly pushed the Department of Homeland Security to address delays in granting H-2B visas that support seasonal workers. She’s met consistently with representatives from the tourism and hospitality sector, which rely on this visa program.
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