Washington, D.C. –  On Wednesday (April 22), President Trump announced that the Administration would suspend entry of certain “immigrants” into the country for a period of 60 days, citing economic conditions arising from COVID-19.  Fortunately for members of the horse industry who may continue to rely on guest workers under the H-2B and H-2A programs, the restriction will not add to delays for guest workers at this time.

While the executive action is relatively narrow in scope by focusing on candidates for a “green card,” or prospective new, permanent residents, the Administration has left the door open for possible expansion of the ban to other classes of workers.  The order provides that “within 30 days, … the Secretary of Labor and Secretary of Homeland Security … shall review non-immigrant programs (emphasis added) and … recommend … other measures appropriate to stimulate the U.S. economy.”

The Administration’s decision to focus on foreign labor and contemplate further restrictions adds uncertainty to the guest worker visas programs.  As you recall, Congress authorized a substantial increase in the cap on H-2B guest worker visa-holders within the context of Fiscal Year (FY) 2020 spending legislation.  In early March, the Department of Homeland Security (DHS) announced that it would release 35,000 supplemental H-2B visas pursuant to the spending law.  On April 2, however, DHS announced on its Twitter feed that the agency continues to review the H-2B rule, thereby delaying possible release of the supplemental visas.

To view a copy of the presidential order, go to the following link:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/