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• National Agricultural Law Center

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. Department of Labor 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 revised the H-2B program in the FY2005 Emergency Supplemental Appropriations Act (P.L. 109-13). Among the changes, a temporary provision was added to the Immigration and Nationality Act (INA) to exempt certain returning H-2B workers from the H-2B annual numerical cap. The FY2007 Department of Defense authorization P.L. 109-364) extended this exemption through FY2007. Other bills before the 109th Congress proposed to make changes to the H2A program (S. 359/H.R. 884, H.R. 3857, S. 2087, Senate-passed S. 2611), the H-2B program (S. 278, H.R. 1587, S. 1438, S. 1918), and the "H" visa category generally (H.R. 3333), and to establish new temporary worker visas (S. 1033/H.R. 2330, S. 1438, S. 1918, H.R. 4065, Senate-passed S. 2611). Some of these bills also would have established mechanisms for certain foreign workers to become U.S. legal permanent residents (LPRs). None of these bills were enacted. President George W. Bush proposed a new, expanded temporary worker program in January 2004 when he announced his principles for immigration reform. In a May 2006 national address on comprehensive immigration reform, he reiterated his support for a temporary worker program. Guest worker bills before the 110th Congress include proposals to reform the H2A program (S. 237/S. 340/H.R. 371, S. 1639, H.R. 1645) and the H-2B program (S. 1639), and to establish new temporary worker visas (S. 330, S. 1639, H.R. 1645). Some of these bills also would establish mechanisms for certain foreign workers to become LPRs. 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 raises various issues, including how new program requirements would compare with those of the H-2A and H-2B programs, how the eligible population would be defined, and whether the program would include a mechanism for participants to obtain LPR status. This report will be updated as legislative developments occur.

Related Legislation:
• S.359
• H.R.884
• H.R.3857
• S.2087
• S.2611
• S.278
• H.R.1587
• S.1438
• S.1918
• H.R.3333
• S.1033
• H.R.2330
• H.R.4065
• S.237
• S.340
• H.R.371
• S.1639
• H.R.1645
• S.330

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