These are the same specious arguments that we constantly work to refute.


• Guest worker programs and border security are separate issues. Border security focuses on preventing unauthorized


 labor needs legally and systematically.


• The claim that H-2B visas fail to protect American workers is simply not supported by evidence. In fact, these programs


have strict requirements to ensure that American workers 


U.S. workers and can only turn to foreign labor if domestic workers are unavailable.


• The assertion that guest workers compete with illegal  On the contrary, well-designed


guest worker programs can help reduce illegal immigration by providing legal pathways for foreign workers. This allows for better regulation and oversight of the labor market.


• The argument that guest worker programs harm American job seekers overlooks the reality of the U.S. labor market.


Many industries, particularly in agriculture and seasonal  


roles that complement rather than compete with American workers. For a reality check on the market, see the chart below which highlights the total number of Department of   the release of additional visas, the program still has major labor shortages – leaving numerous positions available for American job seekers.


Well-structured guest worker programs can actually 


labor gaps, support American businesses, and can even create additional jobs for U.S. workers in related industries. The position taken by our opposition presents a narrow and often inaccurate view of guest worker programs. These programs, when properly implemented and regulated, can be an important tool for addressing labor needs, reducing illegal immigration, and supporting economic growth, all while protecting the


interests of American workers. The Bottom Line: Despite our efforts to require the


release of additional H-2B visas, the actions taken by the House leave in place the same provision that we have secured for the last seven years. Under the House version of the bill, Congress has authorized discretion to DHS to release up to 64,716 additional allocation of guest workers in the program is woefully less  Department of Labor.


Status of Labor Provisions in the FY25 Bill For a second year in a row, our outreach with Chairman


Aderholt has resulted in the inclusion of our preferred Department of Labor provisions in annual funding bill for the Departments of Labor, Health and Human Services (Labor, HHS). This bill has not been considered on the House Floor; however, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Appropriations Act passed the FY 25 funding bill for the Department of Labor at the end of June. The bill contains provisions we continuously advocate for in the bill, including the following:


• Allows for a 10-month season as opposed to the regulation’s 9-months;


• Prohibits DOL from enforcing the 3/4 guarantee and corresponding employment provisions of its regulations; and


• Allows for the use of prevailing wage surveys.


• The claim that foreign workers work for less money is misleading. Guest worker programs have wage requirements


to prevent undercutting American wages. In many cases, these programs actually help maintain higher wages and better working conditions for all workers.


• The idea that employers prioritize foreign workers over Americans is not accurate. Guest worker programs are


designed to be used only when there is a demonstrated need that cannot be met by the domestic workforce. They are not a replacement for American workers but a supplement 


While there has been lots of action


on these measures in the House, the U.S. Senate Appropriations Committee was slated to kick off its FY25 Appropriations work in mid-July. As these measures make their way through the Senate, we will work to secure the same may-to-shall language in the Senate DHS Appropriations bills.


(continued on page 24)


OABA ShowTime Magazine • AUGUST 2024


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