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• U.S. Department of State
• United States Diplomatic Mission to Italy

Summary

At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Labor Department for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. The 109th Congress has enacted language as part the FY2005 Emergency Supplemental Appropriations Act (P.L. 109-13) to revise the H-2B program. Other bills before the 109th Congress propose to make changes to the H-2A program (S. 359/H.R. 884) and the H-2B program (S. 278), and to establish new temporary worker visas (S. 1033/H.R. 2330). S. 359/H.R. 884 and S. 1033/H.R. 2330 also would establish mechanisms for certain foreign workers to become U.S. legal permanent residents (LPRs). Other guest worker legislation is expected to be introduced later in this Congress. Various guest worker measures were introduced in the 108th Congress, but they saw no action beyond committee referrals. President George W. Bush proposed a new expanded guest worker program in January 2004 when he announced his principles for immigration reform. The President featured his proposal in his 2004 and 2005 State of the Union addresses. The current discussion of guest worker programs takes place against a backdrop of historically high levels of unauthorized migration to the United States. Supporters of a large-scale temporary worker program argue that such a program would help reduce unauthorized immigration by providing a legal alternative for prospective foreign workers. Critics reject this reasoning and instead maintain that a new guest worker program would likely exacerbate the problem of illegal migration. The consideration of any proposed guest worker program would appear to raise a variety of issues. Among them are the following: how would the requirements of any new program compare to the requirements of the H-2A and H-2B programs; who would be eligible for the program; would the program include a mechanism for participants to obtain LPR status; how would family members of eligible individuals be treated; what labor market test, if any, would the program employ; would the program be numerically limited; how would the rules and requirements of the program be enforced; and what security-related provisions, if any, would be included.

Related Legislation:
• S.359
• H.R.884
• S.278
• S.1033
• H.R.2330
• S.2004

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