HLS 25RS-1069 ORIGINAL
2025 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 33
BY REPRESENTATIVE ROMERO
CONGRESS: Memorializes Congress to modify the H-2B temporary non-agricultural
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 temporary nonagricultural program to assist with the labor workforce
4 shortage in the state of Louisiana.
5 WHEREAS, according to the United States Department of Labor, the H-2B
6temporary nonagricultural program, also commonly referred to as the H-2B nonimmigrant
7program or H-2B visa program, permits employers to temporarily hire non-United States
8citizens to perform nonagricultural labor or services in the United States; and
9 WHEREAS, according to the United States Department of Labor, under the program,
10employment is only of a temporary nature for a limited period of time, such as a one-time
11occurrence, seasonal need, peak-load need, or intermittent need; and
12 WHEREAS, in order to qualify for H-2B nonimmigrant classification, employers
13must show that there are not enough United States workers who are qualified, able, willing,
14and available to do the temporary work, and that employing H-2B workers will not adversely
15affect the wages and working conditions of similarly employed United States workers; and
16 WHEREAS, according to the United States Citizenship and Immigration Services,
17there is a statutory numerical limit or "cap" on the total number of non-United States citizens
18who may be issued an H-2B visa or be granted H-2B status during a fiscal year; and
19 WHEREAS, the United States Congress currently has the H-2B cap set at sixty-six
20thousand visas per fiscal year, with thirty-three thousand H-2B visas granted to workers who
21begin employment in the first half of the fiscal year (October 1 - March 31) and the
Page 1 of 4 HLS 25RS-1069 ORIGINAL
HCR NO. 33
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 accept petitions for H-2B status only 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 classified as H-4 nonimmigrants.
16 (4) Fish roe processors or fish roe technicians or supervisors of fish roe processing.
17 (5) Workers performing labor or services in the Commonwealth of the Northern
18Mariana Islands or Guam until December 31, 2029.
19 WHEREAS, on December 2, 2024, the United States Department of Homeland
20Security and the United States Department of Labor jointly published a temporary final rule,
21which increased the numerical cap on H-2B nonimmigrant visas to allow for over sixty-four
22thousand additional visas for the entirety of the 2025 fiscal year; and
23 WHEREAS, this increase in the numerical cap, is only temporarily and limited to the
242025 fiscal year and, as of now, is not applicable and will not be utilized for future fiscal
25years; and
26 WHEREAS, these additional visas are available only to businesses in this country
27that are suffering irreparable harm or those that will suffer irreparable harm if they are
28unable to employ all the H-2B workers requested in their petition; and
29 WHEREAS, according to the United States Citizenship and Immigration Services,
30the agency has already received enough petitions to meet the H-2B statutory cap for the
Page 2 of 4 HLS 25RS-1069 ORIGINAL
HCR NO. 33
1second half of the 2025 fiscal year, and the filing period for supplemental H-2B visas for the
2remainder of the fiscal year is now open; and
3 WHEREAS, considering that the statutory cap has already been met and the
4supplemental H-2B visas are now being utilized, there is clearly a great need and strong
5desire for H-2B workers; and
6 WHEREAS, according to an October 2024 article by the American Immigration
7Council, an analysis of the United States Department of Labor's data has revealed that the
8demand for H-2B workers has increased by forty-six percent since 2018 and the number of
9certified workers has increased from approximately one hundred forty-seven thousand in the
102018 fiscal year to over two hundred fifteen thousand in the 2023 fiscal year; and
11 WHEREAS, according to the United States Department of Labor, Louisiana ranked
12seventh in the top ten states that utilized the H-2B temporary nonagricultural program during
13the second quarter of the 2024 fiscal year; and
14 WHEREAS, the Save Our Seafood (SOS) Act, bipartisan congressional legislation
15that was introduced in June 2024 and, which, if it had passed, would have permanently
16authorized the exemption of nonimmigrants working as fish processors from the numerical
17cap on H-2B nonimmigrant visas; and
18 WHEREAS, according to the LSU Agricultural Center, one of the primary employers
19of the H-2B temporary nonagricultural program in this state is the seafood processing
20industry, which greatly utilizes and depends upon seasonal and temporary hired labor; and
21 WHEREAS, based on this statistical information and data, the H-2B temporary
22nonagricultural program is greatly utilized by Louisiana businesses and appears necessary
23for operation; and
24 WHEREAS, a modification of the H-2B temporary nonagricultural program could
25help business owners further extend their recruitment efforts and allow them to hire more
26H-2B workers as necessary to help meet workforce needs to ensure the successful
27continuation and prosperity of their businesses.
28 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
29memorialize the United States Congress to take such actions as are necessary to modify the
Page 3 of 4 HLS 25RS-1069 ORIGINAL
HCR NO. 33
1H-2B temporary nonagricultural program to assist with the nonagricultural labor workforce
2shortage in the state of Louisiana.
3 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
4presiding officers of the Senate and the House of Representatives of the Congress of the
5United 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 33 Original 2025 Regular Session Romero
Memorializes the United States Congress to take such actions as are necessary to modify the
H-2B temporary nonagricultural program to assist with the labor workforce shortage in the
state of La.
Page 4 of 4