Seasonal Worker Program Neutered by Labor Department, Group Says

The Department of Labor has ceased processing requests for prevailing wage determinations and labor certifications for the H-2B foreign worker program, which permitted seasonal migrant workers into the United States, according to the Forest Resources Association Inc.

The forestry industry has depended on the H-2B program for decades to provide legal “guest workers” from Central America and Mexico for tree-planting and other forestry tasks, a statement from the FRA said.

The FRA issued a call to action for professionals in the forestry industry to contact their legislators and ask them to tell DOL Secretary Thomas Perez to resume processing guest worker certifications. A letter has been drafted in that regard and can be accessed on FRA’s website.

The DOL’s decision came March 5, one day after a Florida court ruled the DOL has no authority to issue regulations in the H-2B program. However, the FRA and other members of the H-2B Workforce Coalition claim the court case did not force the DOL to go as far as it did, “effectively paralyzing” the program.

The Coalition estimated in a statement that the DOL’s decision will “harm” 2,300 employers and 33,000 H-2B workers.