SAM Magazine—Lakewood, Colo., Aug. 21, 2018—How much access to foreign workers will U.S. resorts have under the J-1 and H-2b programs this winter? According to NSAA’s monthly Capital Watch, hiring conditions could be favorable. Both houses of Congress are preparing legislation that would protect current levels of foreign workers or even expand their numbers. But the ultimate outcome is tied to the fate of appropriations bills that could be subject to presidential veto.

On the plus side: The Senate Appropriations Committee voted to protect the J-1 visa program from unilateral elimination by the anti-immigrant White House, a continuation of the March budget law that requires Congressional and public input on any changes to the J-1 visa program.

Also on the plus side: the House-approved appropriations bill exempts returning H-2b workers from the 66,000 annual cap; this effectively expands the quota for H-2b workers, as many H-2b workers return to the U.S. each year for seasonal positions. The bill would also change the current bi-annual allocation to a quarterly allocation, allowing more flexibility for employers who use H-2b visa workers.

The Senate passed its own appropriations bill out of committee in late June; that continues past practice that prevents the DOL and Department of Homeland Security from imposing H-2b regulations regarding the three-quarters hours guarantees for H-2b visa workers, or the corresponding worker requirements under onerous DOL regulations. It also allows industry-specific wage surveys for establishing prevailing wages.

All that is welcome news, as unemployment rates have been steadily dropping, hitting 3.9 percent national unemployment in June—the lowest rate since 2000, NSAA says.

There’s one caution: President Trump has threatened to shut down the government in October if the new budget does not include full funding for his border wall with Mexico (hint: it doesn’t). Would he force a shutdown just five weeks before November elections, when such a move could hurt Republicans? That’s the wild card.

Regardless, the Trump administration is taking a hard line against illegals in the workforce. Immigration and Customs Enforcement (ICE) plans a dramatic increase in compliance audits; it has conducted more than 5,000 audits of U.S. businesses so far this year, more than triple the rate of 2017. California is a particular target for ICE audits.

Ski areas would be wise to examine their Form I-9 compliance, and to consider voluntarily adding the web-based E-Verify compliance program as part of their hiring processes. E-verify uses federal databases to confirm 99 percent of worker legal eligibility. More than 800,000 businesses already voluntarily use E-Verify, including many larger ski areas.

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