A recently introduced bill would establish a pilot guest workers program to create a new classification of lower-skilled, non-seasonal temporary workers. The “Willing Workers and Willing Employers Act of 2016,” sponsored by Arizona Senator Jeff Flake (R), would amend the INA to create a new H-2C classification to meet the employment needs of construction, nursing, manufacturing, landscaping and meatpacking industries. The bill would impose a flexible cap in the number of recipients from 65,000 to 85,000 per year, which would be adjusted based on market demand. In addition to requiring employers to first recruit U.S. workers from the local labor market, the pilot program would also be limited to counties and metropolitan areas where the unemployment rate is less than 5 percent. To protect the guest workers, the program would allow portability, enabling the workers to change jobs and work for any employer who has already been approved to hire workers under the program. The bill was introduced and referred to the Senate Finance Committee, but its chances of passing or even receiving a vote are uncertain.
