H-2B Cap Hit for Rest of 2009

The Department of Homeland Security (DHS) announced January 8, 2009 that the H-2B cap of 33,000 had been reached. While recent rule changes have focused on procedural reform, reinstating returning worker exemptions and/or raising the cap awaits congressional action.

On January 8, 2009, the Department of Homeland Security (DHS) announced that the 33,000 cap for the second half of fiscal year 2009 had been reached the day before.

In addition to the continued pressure on the program because of the cap, employers will soon have to comply with new program requirements. The Department of Homeland Security (DHS) and Department of Labor (DOL) issued final rules related to H-2B program administration on December 19, 2008. The rules go into effect on January 18, 2009. While the rules make changes to program administration and enforcement, they do not impact the 66,000 program cap. The cap and the expired exemption for returning workers can only be changed by Congress.

Representatives and senators can be reached through the congressional switchboard at (202) 225-3121. Comments can be directed to the staff person in charge of immigration issues.

The Professional Landcare Network (PLANET) has established a website (https://www.congressweb.com/cweb4/index.cfm?orgcode=pln) where the appropriate elected official to contact may be looked up by zip code. You may also write a letter to the same officials at the site.

Source: PLANET