📢 Separating Myth from Reality: H-2B Program

The H-2B cap crisis highlights America’s demand for temporary seasonal labor. Although H-2B employers would prefer to hire American workers, they face complex, costly requirements to access this seasonal help. In many areas, the shortage of seasonal labor forces employers to rely on the H-2B program. These businesses already employ as many Americans as possible but use H-2B visas because there are no viable alternatives. However, the increased attention to the H-2B visa cap has also fueled misunderstandings about the program. Here, we address and clarify common myths:

Myth 1: The H-2B program takes jobs from Americans.

Reality: Employers using H-2B must undergo rigorous recruitment overseen by the Department of Labor. Only after the DOL certifies that these positions do not negatively impact American workers are H-2B visas approved.

Myth 2: If there are unemployed Americans, non-immigrant workers are unnecessary.

Reality: H-2B jobs are seasonal and temporary, often lasting only 6-9 months. Many unemployed individuals seek stable, long-term employment, not short-term roles in remote locations. Additionally, many H-2B jobs are located in areas with low local labor availability, such as resorts and rural regions.

Myth 3: The H-2B program encourages illegal immigration.

Reality: H-2B helps prevent illegal immigration by providing a legal pathway for seasonal labor. Employers must ensure workers return home at the end of their stay or risk losing access to the program. If employment ends early, the employer must cover the worker’s return travel.

Myth 4: H-2B workers are cheap labor tied to their employers.

Reality: H-2B wages are set by the Department of Labor to reflect local averages. Workers can leave their positions and return home at any time. Employers also bear extra costs for recruitment, training, and travel.

Myth 5: The H-2B program outsources jobs.

Reality: H-2B brings labor into the U.S., where workers pay taxes and contribute to Social Security, often without ever collecting benefits. Without H-2B, many businesses would struggle to operate.

Myth 6: Seasonal businesses should pay more to attract workers.

Reality: Pay is set to reflect the work. If wages were raised too high, consumers might find the products or services unaffordable, harming businesses. Also, businesses in the H-2 program pay the wage set by the government based on local wage data.

Myth 7: College students should fill these jobs.

Reality: H-2B employers actively hire college students for seasonal work. However, students are often unavailable or prefer internships, and their schedules rarely align with peak seasonal needs.

H-2B employers prioritize hiring Americans but turn to H-2B visas when domestic workers aren’t available, ensuring seasonal businesses can continue to operate and serve their communities.

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