R44849 — H-2A and H-2B Temporary Worker Visas: Policy and Related Issues

Certain foreign workers, sometimes referred to as guest workers, may be admitted to the United States to perform temporary labor under two temporary worker visas: the H-2A visa for agricultural workers and the H-2B visa for nonagricultural workers. The H-2A visa is not subject to any numerical limitations, while the H-2B visa is subject to a statutory annual cap of 66,000. H-2A and H-2B workers fill jobs that do not require much formal education. H-2A workers perform seasonal or temporary agricultural labor. They also engage in range herding and livestock production. The H-2A sections of this report focus on workers in non-range occupations. H-2B workers perform temporary jobs in a variety of fields including landscaping, meat and seafood processing, and construction. The H-2A and H-2B programs are administered by the Department of Homeland Security (DHS) and the Department of Labor (DOL). Statutory and regulatory provisions establish processes for bringing in workers under the H-2A and H-2B programs that are intended to protect similarly employed U.S. workers. As an initial step in the process, a prospective H-2A or H-2B employer must apply for DOL labor certification to ensure that U.S. workers are not available for the jobs in question and that the hiring of foreign workers will not adversely affect the wages and working conditions of U.S. workers. After receiving labor certification, the employer can submit an application, known as a petition, to DHS to bring in foreign workers. If the petition is approved, a foreign worker who is abroad can then go to a U.S. embassy or consulate to apply for an H-2A or H-2B nonimmigrant visa from DOS. If the visa application is approved, the worker is issued a visa that he or she can use to apply for admission to the United States at a port of entry. The final steps are different if the foreign worker is already in the United States; in such a case, there is no visa application. Over the years, a variety of legislative measures have been put forward concerning foreign temporary agricultural and nonagricultural workers. These have included bills to establish new temporary worker visas for agricultural and nonagricultural workers as well as proposals to change the existing H-2A and H-2B programs. In recent Congresses, the latter proposals have been more common. H-2A-related measures have sought to revise H-2A program requirements on temporary need, wages, U.S. worker recruitment, and housing, among other items. Recent bills on the H-2B visa have focused largely on the annual cap. The H-2A and H-2B programs—and guest worker programs broadly—strive both to be responsive to legitimate employer needs for temporary labor and to provide adequate protections for U.S. and foreign temporary workers. There is much debate, however, about how to strike the appropriate balance between these goals. Key policy considerations for Congress include the labor market test to determine whether U.S. workers are available for the positions, required wages, and enforcement. The issue of unauthorized workers also arises in connection with guest worker programs.

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

• HR 1778 — BARN Act · 118th Cong
• HR 1603 — Homeowner Energy Freedom Act · 118th Cong
• S 874 — Farm Operations Support Act · 118th Cong
• HR 614 — Commercial Fishing and Seafood Business Act of 2023 · 118th Cong
• HR 575 — Moving H–2A to United States Department of Agriculture Act of 2023 · 118th Cong