HLS 21RS-541 ENGROSSED
2021 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 63
BY REPRESENTATIVE ROMERO
CONGRESS: Memorializes congress to modify the H-2B nonimmigrant program to assist
with labor workforce shortage in the state
1 A CONCURRENT RESOL UTION
2To memorialize the United States Congress to take such actions as are necessary to modify
3 the H-2B nonimmigrant program to assist with the labor workforce shortage in the
4 state of Louisiana.
5 WHEREAS, according to the United States Department of Labor, the H-2B
6nonimmigrant program permits employers to temporarily hire nonimmigrants to perform
7nonagricultural labor or services in the United States; and
8 WHEREAS, according to the United States Department of Labor, under the program,
9employment is only of a temporary nature for a limited period of time, such as a one-time
10occurrence, seasonal need, peak-load need, or intermittent need; and
11 WHEREAS, in order to qualify for H-2B nonimmigrant classification, employers
12must show that there are not enough United States workers who are qualified, able, willing,
13and available to do the temporary work, and that employing H-2B workers will not adversely
14affect the wages and working conditions of similarly employed United States workers; and
15 WHEREAS, according to the United States Citizenship and Immigration Services,
16there is a statutory numerical limit or "cap" on the total number of non-United States citizens
17who may be issued an H-2B visa or be granted H-2B status during a fiscal year; and
18 WHEREAS, the United States Congress currently has the H-2B cap set at sixty-six
19thousand visas per fiscal year, with thirty-three thousand H-2B visas granted to workers who
20begin employment in the first half of the fiscal year (October 1 - March 31) and the
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HCR NO. 63
1remaining thirty-three thousand H-2B visas granted to workers who begin employment in
2the second half of the fiscal year (April 1 - September 30); and
3 WHEREAS, any unused visas from the first half of the fiscal year are available for
4employers seeking to hire H-2B workers during the second half of the fiscal year; however,
5unused H-2B visas from the previous fiscal year do not carry over into the next fiscal year;
6and
7 WHEREAS, once the H-2B cap is reached, the United States Citizenship and
8Immigration Services may only accept petitions for H-2B status from individuals who are
9exempted from the H-2B cap; and
10 WHEREAS, those individuals who are exempted from the H-2B cap include:
11 (1) Workers in the United States in H-2B status, who extended their stay, changed
12employers, or changed the terms and conditions of employment.
13 (2) Workers previously counted against the H-2B cap in the same fiscal year and the
14employer has indicated the workers were already counted.
15 (3) The spouse and children of H-2B workers.
16 (4) Fish roe processors or fish roe technicians or supervisors in that industry; and
17 WHEREAS, according to the Louisiana State University (LSU) Agricultural Center,
18in the last several years, there has been a steady increase in the number of applications for
19H-2B status and the number of H-2B workers; and
20 WHEREAS, according to the LSU Agricultural Center, based on the latest data on
21states and H-2B employment usage, Louisiana is ranked fourth with employing five
22thousand nine hundred and seventy-four H-2B workers, which accounted for four and seven
23tenths percent of the total certified positions for the first and second quarters for the 2020
24fiscal year; and
25 WHEREAS, based on these statistics, the H-2B program is greatly utilized by
26Louisiana businesses and appears necessary for operation; and
27 WHEREAS, the ongoing COVID-19 pandemic has not only affected and burdened
28the healthcare industry in this state, but the business industry as well, since as a result of the
29COVID-19 pandemic, businesses had to temporarily, and in some cases permanently, shut
30down and layoff employees; and
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1 WHEREAS, businesses are slowly, but surely, starting to recover from the collateral
2effects of an ongoing healthcare crisis that has caused our state's economy to become
3somewhat stagnant; and
4 WHEREAS, a modification of the H-2B program could help business owners further
5extend their recruitment efforts and allow them to hire more H-2B workers as necessary to
6help revitalize their business and keep them afloat.
7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
8memorialize the United States Congress to take such actions as are necessary to modify the
9H-2B nonimmigrant program to assist with the labor workforce shortage in the state of
10Louisiana.
11 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
12presiding officers of the Senate and the House of Representatives of the Congress of the
13United States of America and to each member of the Louisiana congressional delegation.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 63 Engrossed 2021 Regular Session Romero
Memoralizes the U.S. Congress to take such actions as are necessary to modify the H-2B
nonimmigrant program to assist with the labor workforce shortage in the state of Louisiana.
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