Crs Report for Congress: Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues - Softcover

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U.S. employers in various industries argue that they need to hire foreign workers to perform
lower-skilled jobs, while others maintain that many of these positions could be filled by U.S.
workers. Under current law, certain lower-skilled foreign workers, sometimes referred to as guest
workers, may be admitted to the United States to perform temporary service or labor under two
temporary worker visas: the H-2A visa for agricultural workers and the H-2B visa for
nonagricultural workers. Both programs are administered by the Department of Homeland
Security's U.S. Citizenship and Immigration Services (DHS/USCIS) and the Department of
Labor's Employment and Training Administration (DOL/ETA).
The H-2A and H-2B programs-and guest worker programs broadly-strive both to be
responsive to legitimate employer needs for labor and to provide adequate protections for U.S.
and foreign temporary workers. There is much debate, however, about how to strike the
appropriate balance between these twin goals. Under the George W. Bush Administration, both
DHS and DOL issued regulations to streamline the H-2A and H-2B programs. The Obama
Administration retained the DHS rules, but rewrote the DOL rules. Arguing that the latter
provided inadequate protections for workers, it issued a new DOL final rule on H-2A
employment, which became effective in March 2010. The Obama Administration also issued a
new DOL final rule on H-2B employment in 2012 and a DOL final rule on H-2B wage rates in
2011, but neither of these rules is currently in effect.

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