The SEASONAL Act would permit governors to petition the U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) for a specific number of supplemental H-2B visas beyond the national cap of 66,000. DHS would issue such visas, and, if the number of employer applications still exceed a governor’s request, they would then allocate the visas through a lottery system. Governors would have the ability to request that visas only be made available for certain DOL Standard Occupational Classification Groups or employers in specific Economic Development Districts. Unless reauthorized, this authority would sunset four years after enactment.

Nothing in the bill would prohibit a state legislature from imposing limitations on a governor concerning the program, including the number of visas requested, the DOL classification group for which H-2B visas could be requested, or the Economic Development Districts where the visas could be used. Additionally, any supplemental workers provided under this bill would be subject to any existing or future DOL requirements. The bill would also require an annual report on the program’s utilization and outcomes, including worker displacement, wages, and economic growth and productivity.

NLBMDA members are strongly encouraged to contact their elected officials in Congress and ask them to support and cosponsor the SEASONAL Act (S.2705)