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