FROM THE HILL
Bipartisan H-2B Returning Worker Exception Act of 2021 Introduced
By Andrew Bray VP, Government Relations
This article was written on June 21, 2021
THE LANDSCAPE INDUSTRY AND OTHER SEASONAL businesses finally have legislation introduced that would provide much-needed H-2B reforms including a permanent returning worker exception to institute necessary cap relief. After months of working behind the scenes with several of our H-2B Congressional champions we are happy to announce that on Tuesday, June 16th Rep. Cuellar (D-TX), Rep. Joyce (R-OH), Rep. Keating (D-MA), Rep. Chabot (R-OH), Rep. Pingree (D-ME) and Rep. Harris (R- MD) introduced the bipartisan Returning Worker Exception Act of 2021 (H.R. 3897). We thank these champions for their efforts, but to turn this proposal into law and help your seasonal business, we have been pushing heavy grassroots activity and outreach with all Congressional offices since then.
The timing of the introduction of the H-2B Returning Worker Exception Act of 2021 aligned perfectly with NALP’s first-ev- er Virtual Legislative Days. NALP was able to preview the legislation and talking points with more than 120 attendees on Monday, June 15th, the day before the introduction. Then over the course of the next two weeks, NALP members were able to directly ask their elected officials to support this vital H-2B reform legislation.
A BRIEF SUMMARY OF THE LEGISLATION INCLUDES: This legislation is set to
provide permanent H-2B cap relief through a returning worker exception while also providing integrity measures that protect U.S. workers and foreign seasonal H-2B workers while in the United States.
The H-2B RWE Act of 2021 makes several permanent changes to the H-2B program.
Reenacting the returning worker exemption that would exempt returning workers from counting against the 66,000 cap if the H-2B worker is a returning worker in any of the previous three fiscal years.
It proposes to improve effi- ciencies with the application process by requiring a single digital platform while also requiring the Department of Labor to maintain a publicly accessible online job registry.
The Act would also strength- en program integrity measures and anti-fraud provisions to increase DOL investigations, fines, and even permanent disqualifica- tion from the H-2B program for willful violations.
The Act would address misconduct by foreign recruiters and strengthen workers’ safety standards for H-2B employees while in the United States.
NEXT STEPS
Co-sponsors, co-sponsors, co-sponsors! We need to push as many Representatives (Democrats and Republicans) as possible to attach their name as a co-sponsor to this important legislation. While we are in talks with the House Judiciary Committee to pass this legislation through
(From left to right) Rep. Cuellar (D-TX), Rep. Harris (R-MD), and Rep Joyce (R-OH)
38 The Landscape Professional //July/August 2021
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