SEASONAL Act

State Executive Authority for Seasonal Occupations Needing Additional Labor Act or the SEASONAL Act

This bill authorizes additional H-2B (temporary nonagricultural worker) visas to be issued to employers in a state with unmet labor needs. (H-2B visas are subject to an annual numerical cap.)

Under the bill, a state may request a particular number of H-2B visas if (1) employers have requested visas in excess of the numerical cap for that fiscal year, and (2) a state’s seasonally adjusted unemployment rate has been 3.5% or less (in 9 of the most recent 12 quarters). The state must also certify that (1) there is a persistent, unmet need for labor within the state, an occupational category, or an Economic Development District; and (2) the additional H-2B visas will not displace existing members of the state’s workforce or negatively affect average wages. 

The Department of Homeland Security (DHS) must issue the additional H-2B visas upon receiving a request that complies with this bill's requirements, to the extent that the receiving employers meet all the applicable requirements for such visas.

Additionally, the bill requires DHS and the Department of Labor to annually report to Congress specified data about the bill's implementation, including the number of additional visas issued to each state.

The bill sunsets four years after its enactment.