The bill, which is expected to pass the House and Senate and be signed into law by President Barack Obama, will exempt H-2B returning workers from the 66,000 annual cap, address H-2B wages and allow the use of private wage surveys, and clearly define “seasonal work” as ten months as opposed to nine.

President Barack Obama is expected to sign into law the Omnibus Appropriations Bill this week, assuming the Senate and House also pass the bill, as expected, Lawn & Landscape reported.

C&RB reported on previous operating rules in May, which the National Club Association found unfavorable for clubs and resorts. 

The bill includes provision on the H-2B visa waiver program for fiscal year 2016. The spending goes through September 30, 2016, and will do the following:
• Exempt H-2B returning workers from the 66,000 annual cap
• Address H-2B wages and allow the use of private wage surveys, which are not allowed under the new final H-2B wage rule
• Clearly define seasonal as ten months, as opposed to the nine months in the new interim final H-2B comprehensive rule
• Prevent the Department of Labor from implementing the provisions of the interim final rule related to corresponding employment and the ¾ guarantee
• Prevent the Department of Labor from implementing the new enforcement scheme related to audit and the Certifying Officer assisted recruitment

The H-2B Workforce Coalition, an alliance of more than 40 various industry associations, has applauded the provisions.

“Our members’ businesses are now spared the devastating hit they would have faced this spring without the availability of H-2B workers,” said Sabeena Hickman, CEO of the National Association of Landscape Professionals. “Thanks to Congress, during 2016, landscape professionals will now be able to hire needed seasonal H-2B workers, support their American workforce and provide their customers with the continued service that they rely on. The H-2B program has been plagued with uncertainty for the past several years, but the 2016 high-season is now saved. We are grateful Members of Congress have addressed the H2B program and in doing so, supported the economic viability for thousands of American businesses.”