Bill Overview
Title: Seasonal Worker Solidarity Act of 2022
Description: This bill modifies the H-2B (temporary nonagricultural workers) visa program and expands protections for aliens who report workplace violations. Changes to the H-2B program include requiring the Department of Labor to establish a centralized national electronic platform for U.S. workers to find and apply for positions that employers are seeking to fill with H-2B workers; requiring employers to recruit U.S. workers nationwide, including by posting the openings on the platform, before applying for H-2B visas; requiring employers to guarantee at least 40 hours of paid work per week for each H-2B worker (currently employers may guarantee fewer paid hours in certain instances); requiring employers to pay for housing for H-2B workers and transportation to and from the work site (currently employers are allowed to deduct fees for lodgings from an H-2B worker's pay); modifying the requirements for determining the minimum wage for H-2B workers; and prioritizing H-2B visas for certain employers, such as those that pay higher wages. Furthermore, an alien who has worked a certain amount of time as an H-2B worker may obtain permanent resident status, subject to various requirements. In addition, an alien who is likely helpful in an investigation of a workplace claim (i.e., an alleged violation of law or workplace-related injury) may qualify for a U visa for victims of criminal activity. The bill also removes statutory numerical limitations on U visas. The bill also provides protections for certain aliens who file or assist in the investigation of workplace claims.
Sponsors: Rep. Castro, Joaquin [D-TX-20]
Target Audience
Population: Nonagricultural temporary foreign workers (H-2B visa holders)
Estimated Size: 500000
- The bill impacts H-2B visa holders who are nonagricultural temporary workers.
- By requiring employers to recruit U.S. workers before applying for H-2B visas, it impacts U.S. workers who might be potential applicants for these jobs.
- The provisions for housing and transportation will directly affect H-2B workers by potentially lowering their living expenses while working in the U.S.
- Changes to payment structures and work guarantees (such as guaranteeing at least 40 hours of paid work per week) directly impact H-2B workers financially.
- The modification to minimum wage requirements can impact both H-2B workers' earnings and potentially the hiring costs for employers.
- Allowing certain H-2B workers a path to permanent residency expands the potential impact to those who can stay in the U.S. long-term.
- The U visa expansion and removal of statutory ceilings impact aliens participating in investigations related to workplace violations.
Reasoning
- The policy is expected to have different levels of impact depending on whether someone is a direct participant in the H-2B program or a domestic worker who might indirectly be influenced by it. H-2B workers will potentially see increased benefits and protections, which could lead to increased wellbeing scores. However, U.S. workers might experience varied impacts, as more robust recruitment efforts could open job opportunities, thus affecting their wellbeing positively if the program is implemented effectively.
- Budget constraints indicate the need to limit the scale of enforcement and administrative functions to fit within $650,000,000 in the first year, likely affecting how widespread the initial impacts are. Thus, some people might experience no change if they are not effectively reached by the policy's mechanisms.
- The wellbeing outcomes for people involved in investigations might improve due to the safer opportunities to report abuses, affecting their mental and emotional health positively. But again, the direct impact is limited to those experiencing workplace violations.
Simulated Interviews
Construction Worker (Los Angeles, CA)
Age: 35 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- I feel more secure knowing that I'll get a full 40 hours of paid work each week.
- The housing costs being covered by the employer will make a big difference in how much money I can send back home.
- Knowing that I can assist in investigations without fear is relieving; there are still some workplace issues here.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 5 |
| Year 5 | 8 | 4 |
| Year 10 | 7 | 3 |
| Year 20 | 6 | 2 |
Hospitality Manager (Miami, FL)
Age: 28 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 8/20
Statement of Opinion:
- This policy means more administration work on our side as we now need to navigate the new recruitment regulations.
- Providing housing and transport is a higher upfront cost but necessary for responsibility.
- The potential for permanent residency could improve the stability of our workforce long term.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Retail Store Owner (Houston, TX)
Age: 42 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 10/20
Statement of Opinion:
- We might look into using H-2B workers due to new hiring flexibilities.
- The nationwide platform can help find seasonal workers when we locally face shortages.
- Hope it won’t mean too much extra paperwork.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Software Developer (Chicago, IL)
Age: 30 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 12/20
Statement of Opinion:
- I don't expect this policy to affect me directly, but I hope it benefits those in temporary roles.
- Hopefully more recruitment opens opportunities broadly as even in tech, more nationwide job opportunities could be leveraged.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Part-time Barista (New York, NY)
Age: 24 | Gender: other
Wellbeing Before Policy: 5
Duration of Impact: 2.0 years
Commonness: 15/20
Statement of Opinion:
- If it means more recruitment for things I can do, I'm open to trying new roles in regions needing staff.
- I wasn't aware of this kind of policy but it sounds more support-oriented for workers who need it.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Agricultural Worker (Philadelphia, PA)
Age: 48 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 13/20
Statement of Opinion:
- As this focuses on non-agricultural roles, I don’t see an impact on agriculture directly.
- It's interesting how workers get more job security, an issue important in all sectors.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Environmental Scientist (San Diego, CA)
Age: 32 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 0.0 years
Commonness: 11/20
Statement of Opinion:
- The idea of stronger worker rights is a strong positive across the labor force.
- While I don't see immediate changes for me, policies like this set nice precedents for ensuring fair treatment.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Restaurant Owner (Austin, TX)
Age: 40 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 9/20
Statement of Opinion:
- Interested in making use of the electronic platform to find workers last minute during peak seasons.
- I'm cautious but optimistic about the supply of reliable seasonal staff.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 7 | 8 |
Student (Dallas, TX)
Age: 22 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 14/20
Statement of Opinion:
- I'm curious about how these types of policies shape migrations and work environments in cities.
- More robust recruitment efforts seem to promise more fair job distributions nationwide.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Community Organizer (Detroit, MI)
Age: 55 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 3/20
Statement of Opinion:
- Increased protection for workers is essential, but it demands attention to how effectively this policy is enforced.
- My wellbeing reflects the broader migrant community's ability to thrive within legal settings.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Cost Estimates
Year 1: $650000000 (Low: $500000000, High: $800000000)
Year 2: $600000000 (Low: $450000000, High: $750000000)
Year 3: $550000000 (Low: $400000000, High: $700000000)
Year 5: $500000000 (Low: $350000000, High: $650000000)
Year 10: $450000000 (Low: $300000000, High: $600000000)
Year 100: $300000000 (Low: $200000000, High: $400000000)
Key Considerations
- The comprehensive impact on U.S. workers versus foreign workers and how recruitment adjustments might shift labor market dynamics.
- Potential implementation challenges for employers and the Department of Labor in managing new regulatory requirements and monitoring platform usage.
- Long-term shifts in U visa policy and implications for broader immigration reform.