Newly Signed 2016 Spending Bill Includes H-2B Relief Provisions

Late last week, President Obama signed into law an omnibus spending bill for the fiscal year 2016 that includes important H-2B relief provisions. According to AmericanHort, the bill does the following:
• Exempts H-2B returning workers from the 66,000 annual cap
• Addresses H-2B wages and allows the use of private wage surveys, which were not allowed under the 2015 final H-2B wage rule
• Clearly defines seasonal as 10 months, as opposed to the nine months in the new interim final H-2B comprehensive rule
• Prevents the Department of Labor (DOL) from implementing the provisions of the interim final rule (IFR) related to corresponding employment and the three-fourths guarantee
• Prevents DOL from implementing the new and burdensome DOL enforcement scheme in the IFR related to audit and the Certifying Officer assisted recruitment
• Allows for the staggered crossing of seafood H-2B workers.

These provisions will expire on September 30, 2016, but AmericanHort says it will continue to fight in Washington for long-term relief.

“We will closely monitor the implementation of the new law and advise you about how the Departments of Labor and Homeland Security plan to implement the bill,” says David Bowen, who works in government relations at AmericanHort.