Simpson Questions DHS Proposed Fee Hike for H-2A and H-2B Visas

Washington, D.C. – Idaho Congressman Mike Simpson, with Congressman Chris Pappas (D-NH) and Congressman David Valadao (R-CA), led 49 of their colleagues in demanding the Department of Homeland Security (DHS) reconsider a proposed rule that would detrimentally increase the fees charged to small and seasonal businesses who rely upon the H-2A and H-2B programs to hire workers and increase the processing times for these visas.

The lawmakers wrote, “employers who rely on the H-2B and H-2A non-immigrant visa programs do so because they cannot hire U.S. workers to fill the needed positions.  They turn to these programs to ensure they have the workforce needed to operate their business and contribute to our communities.  These programs are a last resort to going out of business or curtailing expansion.”

The Department of Homeland Security recently published a Notice of Proposed Rulemaking outlining increased fees for H-2B and H-2A non-immigrant visa programs, and instituting a $600 Asylum Program Fee on every petition.  In addition, the proposal would increase premium processing time from 15-calendar days to 15-business days.

The lawmakers shared concerns of how this would harm small and seasonal businesses, writing, “the federal government should do whatever it can to support small and seasonal U.S. businesses.  The proposed rule changes are unacceptable in their current state as they only bring additional expenses without providing any additional support.”

Additionally, they demanded that the agency properly consider the impact on small business, concluding, “we would support USCIS restarting its entire rule making process if it were necessary to ensure that the final rule does not include the fee increases to H2-B and H-2A visa programs.”

To read the full letter and list of signers, click HERE.

Background:

Simpson is a longtime champion of bipartisan agriculture immigration reform, coauthoring the Farm Workforce Modernization Act which was supported by hundreds of agriculture groups and passed in the House of Representatives in 2019 and 2021. 

Simpson continues to meet with stakeholders and lead the discussion on the importance of reforming the H-2A visa program to provide stability, predictability, and fairness to one of the most critical sectors of our nation’s economy.

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