State department issues exemptions for visa programs

The U.S. State Department has released guidelines on exceptions to a sweeping presidential executive order restricting immigration that will make it easier for trainers to retain backstretch employees who have already received visas.

The guidelines, which were released on Wednesday, allow employers such as trainers to continue to use the H-2B visa program if the employee had already obtained a visa prior to the issuance of the order on June 22 or if the denial of an H-2B application would “cause financial hardship to the U.S. employer.” Trainers across the U.S. rely on the H-2B program for backstretch workers such as grooms and hotwalkers.

The guidelines are the latest instance of the state department carving out broad exemptions to anti-immigrant executive orders originating in the White House. Twice before in the current administration, the White House has ordered restrictions on legal immigration, and the state department, reacting to quiet lobbying by the business community, has then granted exemptions to industries that are the most prolific users of various visa programs.

The latest proclamation from the White House, ostensibly issued to protect the U.S. economy during the coronavirus pandemic, caused a wide range of industries to petition the state department for exemptions. The H-2B visa program used by trainers is also used by hotels, fisheries, and forestry companies. The proclamation also affected other visa programs that restricted the employment of au pairs, teachers, tech workers, and health-care professionals. All of those programs also received large carve-outs under the new guidance.

The National Thoroughbred Racing Association, which conducts federal lobbying efforts on behalf of the racing industry, said in an alert that trainers who use the H-2B program should “contact their H-2B consultant immediately for further guidance.”