On November 20th, LeadingAge submitted a comment letter to the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, relating to a proposed DHS rule to amend regulations affecting temporary agricultural (H–2A) and temporary nonagricultural (H–2B) nonimmigrant workers (H–2 programs) and their employers. The Department did not propose changes relating to the basic eligibility and other structural elements of the H-2B program, but rather focused on strengthening worker protections and the integrity of the H–2 programs and providing certain flexibilities for workers.
Given the design of the H-2B program (including statutory caps on the number of workers who may enter the U.S. under the program and the need for a prospective worker’s services to be a one-time occurrence, or a seasonal or intermittent need) and related issues (challenges with required Department of Labor certifications), relatively few employers in the field of aging services utilize this visa category to supplement their workforce. LeadingAge nevertheless felt it was important to comment. Their letter first provided technical comments on certain aspects of the proposal, then provided a broader commentary about the need for immigration policy reform to support the workforce needs of aging services providers, for the benefit of those they serve. The Department has also issued a separate proposed rule relating to the H-1B specialty occupation workers program, which LeadingAge is in the process of analyzing ahead of a December 22nd deadline for comments. LeadingAge will continue to provide updates for members about developments and advocacy relating to immigration policy.
