The Save Our Seafood Act would permanently remove the H-2B visa cap for workers in fish processing. Specifically, it amends the Immigration and Nationality Act to exempt nonimmigrant aliens who hold or are offered work under the H-2B program in fish processing roles (including fish roe processing, roe tech, and supervisors of fish roe processing) or general fish processing from the annual numerical limits that normally apply to H-2B workers. The bill defines “fish” broadly (finfish, mollusks, crustaceans, roe, etc., excluding marine mammals and birds) and “processor” to cover a wide range of processing activities. It also repeals a provision from a 2005 DoD appropriations law. The intended effect is to guarantee a steady supply of foreign temporary workers for seafood processing by removing the cap for these positions.
Key Points
- 1Exemption from H-2B cap: The numerical limit under the H-2B program shall not apply to aliens issued an H-2B visa or status who are employed or have an offer in fish processing roles specified in the bill.
- 2Scope of jobs: Applies to fish roe processors, fish roe technicians, supervisors of fish roe processing, and general fish processors.
- 3Broad definitions: “Fish” includes finfish, mollusks, crustaceans, and roe (excluding marine mammals and birds). “Processor” includes a wide range of processing activities (handling, cleaning, freezing, packaging, labeling, dockside unloading, etc.) and excludes harvesting/transporting without processing, certain on-board processing to hold fish, and retail operations.
- 4Permanence: The exemption would be permanent (not temporary or seasonal).
- 5Repeal of a prior provision: The bill repeals Section 14006 of the Department of Defense Appropriations Act, 2005, removing that existing provision related to the H-2B exemption.