Goodlatte, Gowdy, Labrador Applaud Action to Keep Seasonal Guestworker Program Operating

Washington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Immigration and Border Security Subcommittee Chairman Trey Gowdy (R-S.C.), and Immigration and Border Security Subcommittee Vice Chairman Raul Labrador (R-Idaho) today applauded the Department of Homeland Security (DHS) and Department of Labor’s (DOL) decision to continue processing H-2B applications while they finalize interim regulations for the seasonal guestworker program. The H-2B guestworker program is used by American employers to hire foreign workers for temporary and seasonal work, such as forestry, seafood processing, and other industries. On March 4, 2015, the federal district court in the Northern District of Florida in Perez v. Perez ruled that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Based on this decision, on March 5, 2015 DHS immediately stopped accepting and processing applications for this program, even though DHS could have attempted to use several tools to keep the program up and running. However, in recognition of the hardship imposed on American employers resulting from the court’s order, on March 16, 2015, DHS and DOL – in conjunction with the Department of Justice – filed an unopposed motion to block the court’s order until April 15, 2015 so that it can continue to process H-2B applications for a period of time before the interim final rule is issued. Chairman Goodlatte, Subcommittee Chairman Gowdy, and Subcommittee Vice Chairman Labrador issued the statements below applauding the Department of Labor’s decision. Chairman Goodlatte: “I am pleased that officials at the Departments of Homeland Security and Labor made the commonsense decision to keep an important seasonal guestworker program up and operating while they work on a long-term solution. Many small businesses playing by the rules, including many employers in the 6^th Congressional District of Virginia, rely heavily on seasonal employees with H-2B visas to support industries such as forestry and tourism. Without the ability to hire such seasonal workers for the upcoming spring and summer season, many local small businesses would have been severely impacted and some may have been unable to operate at all. The House Judiciary Committee will continue to keep a watchful eye on the Obama Administration as it plans to soon issue a final rule for this guestworker program. We must ensure that the program works efficiently and fairly for American employers and protects American workers.” Subcommittee Chairman Gowdy: “We are happy to see DHS and Labor heard the concerns of businesses in South Carolina and across the country that depend on the H-2B visa program for reliable, seasonal workforce. The decision to freeze issuing H-2B visas already created uncertainty for many small businesses, in effect punishing those employers who do things the right way and legally hire seasonal guestworkers when there are no Americans available to fill the jobs.  As the Administration considers a final rule on this subject, the H-2B program should provide protection to American workers while giving much-needed certainty to employers needing to hire seasonal guestworkers.” Subcommittee Vice Chairman Labrador: “On Thursday, I spoke with U.S. Citizenship and Immigration Services Director Leon Rodriguez, explaining how the court decision would cause irreparable harm to workers and businesses across the country. In Idaho, about 1,000 seasonal guest workers are necessary to plant trees for our forest industry. The H-2B program also is important in tourism, landscaping and construction. I thank the Administration for recognizing the consequences and moving quickly to repair this problem. I look forward to working on a lasting solution to cut unnecessary red tape and get people back to work and boost our economy.”