The Department of Labor (DOL) began issuing labor certifications for H-2B petitions on February 20. As of February 22, DOL certified H-2B petitions for 42,802 workers and these petitions have all presumably been submitted by employers to the Department of Homeland Security for the next step in H-2B processing. Based on DOL statistics, it is clear that about 66% of requested H-2B visas will go unfilled unless Congress passes H-2B cap relief. It is essential that Congress hear again from all employers who use the H-2B program. Failure to pass immediate cap relief will significantly harm American small and seasonal businesses and their American employees.

We continue to hope that Congress will include H-2B cap relief in the fiscal 2018 spending bill that lawmakers are currently negotiating. The current spending bill that funds the Federal Government runs out on March 23. We need your continued help to make sure that Congress acts. We know many of you have repeatedly reached out to your lawmakers, but please do so again this week. We need your help to #saveH2B.

What Can You Do?

• Please call your Representative and Senators at their Washington, DC offices and stress the need for immediate cap relief. You can reach your elected officials through the Capitol switchboard at 202-225-3121. Once connected to the office ask to speak to the staff person who handles H-2B issues. Or find your Colorado representatives' contact information here.
• Tell them that they must include H-2B cap relief in the omnibus appropriations bill that will be negotiated between now and March 23. Stress the fact that 66% of businesses seasonal labor needs will go unfulfilled this spring without immediate action. Explain the specific impacts on your business and your American workforce if you cannot hire H-2B workers.
• Urge your Senators and Representative to speak to their party leaders about the need for immediate H-2B cap relief.
• If they have not already done so, encourage your Senators to cosponsor the Save Our Small and Seasonal Businesses Act. S. 792, the Save our Small and Seasonal Businesses Act of 2017 and encourage your Representative to cosponsor H.R. 2004, the Strengthen Employment and Seasonal Opportunities Now (SEASON) Act and HR 4207, the Small and Seasonal Business Act.
• Please call or visit in person with your Senators and Representatives at their district offices. You can find the local contact information for your Senators and Representative on their websites or through www.house.gov and www.senate.gov.
• Tweet at your Representative and Senators about the need for immediate cap relief using #SaveH2B. You can find their twitter address at twitter.com/verified/lists/us-congress/members. 
• Encourage your co-workers, suppliers, and customers to also reach out to their elected officials.
• Please also call and email the USCIS ombudsman’s office and encourage the Department of Homeland Security to support H-2B cap relief. The email address is [email protected] and the phone number is 1-855-882-8100.

H-2B By the Numbers (From DOL OFLC Processing Statistics)

FY 2018 1st Half H-2B Cap:

• 33,000 cap on H-2B workers with start dates from October 1 to March 31
• Total workers certified by DOL for the first half cap: 52, 212
• Requested H-2B positions that went unfilled due to cap: 52,212 – 33,000 = 19, 212
• About 38.6% of H-2B positions requested for the first half cap went unfilled due to the H-B cap, jeopardizing the survival of small and seasonal businesses and their American work force.

FY 2018 2nd Half H-B Cap:

• 33,000 cap on H-2B workers with start dates from April 1 to September 30
• Total workers certified by DOL as of February 22: 42,802 
• DOL is still processing labor certifications for the first half, be regulation, employers cannot submit petitions for H-2B workers more than 90 days before their date of need, so additional petitions may still be submitted to DOL for summer work.
• Total H-2B workers requested on January 1: 79,958
• Total H-2B workers requested for the second half of the fiscal year to date: 98,067
• Total H-2B positions to date expected to go unfilled: 98,067 – 33,000 = 65,067
• About 66.3% of H-2B positions requested for the second half cap will go unfilled without Congressional action due to the H-2B cap, jeopardizing the survival of small and seasonal businesses and their American work force.

January 2018 National Unemployment Rate According to DOL Bureau of Labor Statistics: 4.1%

Thanks for your continued help.