Before a company can hire a worker under the H-2B program, it must undertake an intensive recruitment process to find American workers under the supervision of the Department of Labor (DOL), which must certify that hiring H-2B workers does not negatively impact American jobs. The request must then be approved by the U.S. Department of Homeland Security (DHS). After DHS approves the request for workers, each individual worker must be interviewed by the American consulate in their home country before a visa is issued to insure that he or she is not a security risk and will return home after the completion of the seasonal work. The wage rates paid to these workers are well above minimum wage and are set by the U.S. Department of Labor. Because the H-2B workers are treated and paid well, many workers return to the same employer year after year.

Changes that make the program unworkable will in the end harm law-abiding foreign workers who enter the United States, work and depart safely and legally, as well as their families. Unfortunately, the H-2B program contains a cap of 66,000, which especially in a strong economy, is far below the market demand for legal seasonal labor.

Seasonal businesses need permanent access to a reliable and predictable labor source. Congressional action is essential not only for the vitality of small seasonal businesses and their American workforce, but also for growers, vehicle and equipment manufacturers, and other suppliers whose prosperity is closely linked to the economic health of seasonal industries.