Executive Order Freezing Foreign Aid
On January 20, 2025, President Trump signed an Executive Order which placed an immediate pause on all foreign assistance funding for foreign countries, non-governmental organizations (NGOs), international organizations, and federal contractors. The Order calls for a 90-day pause on disbursements while programs are reviewed for efficiency and consistency with United States foreign policy.
The U.S. Agency for International Development (USAID) is the agency primarily responsible for administering foreign aid and development assistance. USAID has relied on assistance from the U.S. government to help in the free recruiting of workers Guatemala, Honduras, and El Salvador (the “Northern Triangle” countries) for the Special Allocation cap relief. This aid has helped H-2B employers recruit workers more easily from these countries. With USAID funding frozen, this could impact employers who seek to file H-2B Supplemental Cap (i.e., “cap relief”) petitions under the Special Allocation allotment to hire workers from the Northern Triangle Countries, including delays in identifying/recruiting workers and in having visas issued at the consulates. Please see the attached Client Alert from December 2024 for more information on the Supplemental Cap.
In connection with this freeze, we have been in touch with Jim Turner, Founder of the JTP Agency, which is an H-2B recruiting organization that successfully works with many of our clients. According to Jim, the lack of USAID has delayed things somewhat, but the good news is that the Ministries of Labor have confirmed that free recruiting assistance and visa issuance will continue as normal despite the setback. Additionally, because the freeze is only for 90 days, it will potentially end by the time that organizations with later lottery results file for Northern Triangle workers under the supplemental cap. Currently, the JTP Agency has team members living in Northern Triangle countries who are actively working with the limited Ministry staff to help push things forward. Therefore, thankfully, H-2B employers hoping to hire workers from the Northern Triangle will still be able to do so but would greatly benefit from the assistance of someone like Jim because the ministries cannot keep up with the demand. If you plan to file an H-2B Supplemental Cap Petition for workers from the Northern Triangle countries and you are hesitant about your ability to recruit workers, we recommend reaching out to Jim for assistance. Jim’s contact information is below:
Jim Turner
Founder, The JTP Agency
941-220-5800 | www.jtpagency.com | jim@jtpagency.com
5342 Clark Road. Suite 3095. Sarasota, FL 34233
In terms of the future of Northern Triangle cap relief, we remain optimistic. The Order and pause on USAID aid was not directed at H-2B visas or at the Northern Triangle programs. Rather, these programs were swept into a broader policy directive. Our clients should continue to plan their recruiting strategies as normal for now, keeping in mind that the Ministries will be a bit delayed because of understaffing caused by the Order.
We will know more after the 90-day pause, and our team will be in touch as we continue to learn more. Please let us know if you have any questions.
What to know about the different types of H-2B audits and what you can do to prepare
Compliance is more important than ever for organizations that employ foreign nationals. Whether your property utilizes H-2B visa workers, J-1 visa interns, people on other visa types (ex. TN, H-1B, O-1, L-1), or is sponsoring someone for U.S. Lawful Permanent Residency, you need to be sure that you are following the laws and ensuring that everyone on your team understands the rules and regulations.
This is why Pabian Law now offers complimentary virtual Manager and Supervisor Trainings for clients. Additionally, we continue to develop tools and resources for our clients focused on compliance. Please find attached one of these resources that outlines the different types of government audits and what your organization can do to prepare.
Upcoming Firm Announcements: Winter Season Filings & Pabian BOOM! 2.0 Release
Winter-Season Property Filings starting Mid-March
It is time to start planning for the next year’s H-2B Visa Petitions. Your organization is considered winter-season if:
- You are located in Arizona
- You are located in Florida
- You are located in Hawaii
- You are located in Palm Springs
- You are located near a ski mountain
- Your season starts around October 1st
Now is the time to plan and strategize before petition work begins. We are entering a time of enhanced focus on immigration compliance and penalties. Working with an experienced H-2B visa law firm is more important than ever.
Pabian BOOM! 3.0 Coming March 2025
We are updating our proprietary H-2B visa software to add new features to make your H-2B visa process even easier and more transparent.
- Track your H-2B visa petitions in real time
- Easily and securely upload seasonality documents
- Major focus on user experience
- New look & feel to make the platform more effortless for clients
While keeping the existing features you enjoy and need:
- Secure in-country document uploading for clients, workers, and recruiters
- Robust resource page with endless educational and FAQ documents
- Reporting features