In April 2016, the U.S. Senator of Arizona introduced a bill to the Congress that proposes to create a 10-year pilot Guest Worker Program in an effort to bridge the gap between the H-2A and H-2B seasonal workers and the high-skilled H-1B workers.
The legislation is called 'Willing Workers and Willing Employers Act' and creates a new H-2C classification under which foreign workers who have education below a bachelor's degree can come to the U.S. to engage in certain non-agricultural work like meatpacking, construction, landscaping and so on. The bill proposes a flexible cap ranging from 65,000 to 85,000 registered jobs a year to match economic demand.
A labor market test will be required under this program. Employers will have to advertise for the job and ensure that American workers who meet the requirements are hired first; only in the event that an employer is unable to find American workers for the job, foreign workers can be brought in. An advantage under the bill for employees is that it allows for portability- the foreign worker would be able to change jobs and work for any employer that has performed a relevant labor market test.
Businesses which primarily rely on less skilled labor will stand to benefit a great deal from this legislation if it is passed. A study as mandated under the program will assess the effects of the program on wages, employment, economic growth and welfare use, and will consequently determine the subsistence of the program.
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