THE WORKERS WE NEED,
BUILDING OUR FUTURE.

Work Authorizations are Vital for construction’s survival

H-2B Visa Program: Seasonal Labor with Year-Round Impact

The H-2B visa program provides temporary work permits for non-agricultural jobs, primarily serving industries like hospitality and tourism. However, approximately 3,000 construction workers also participate annually. Despite its limited scope, the program is vital for companies facing peak labor demands.

Why Contractors Should Care:

  • High Demand, High Costs: The process is expensive, unpredictable, and time-consuming, but many contractors who navigate the complexities swear by its effectiveness.
  • Risk of Exclusion: Efforts to exclude construction from H-2B or impose union membership requirements could set a dangerous precedent, making it nearly impossible to include construction in future visa programs.

The Path Forward:

AGC is advocating for expanded access and streamlined processes to ensure the construction industry can continue to benefit from H-2B workers. Without this program, critical projects could face delays or cancellations.

DACA (Deferred Action for Childhood Arrivals): Protecting Dreamers, Protecting the Industry

DACA, often referred to as the “Dreamers” program, allows individuals brought to the U.S. as children to work legally. At its peak, over 60,000 construction workers were authorized under DACA.

Why Contractors Should Care:

  • Impending Legal Threats: DACA is currently under legal scrutiny, with the Supreme Court likely to rule against it by June 2025. Without Congressional intervention, thousands of skilled workers could lose their ability to work legally.
  • Skill Loss Risk: Losing DACA workers would exacerbate the already severe labor shortage, impacting project timelines and costs.

The Path Forward:

AGC is pushing for legislative solutions to preserve DACA and protect these vital workers. Ensuring Dreamers remain in the workforce is not just a moral imperative but an economic one.

Temporary Protected Status (TPS): A Temporary Solution with Lasting Benefits

TPS grants work authorization to individuals from countries experiencing crises, such as Haiti, El Salvador, and Venezuela. Many TPS workers play crucial roles in construction, especially in areas like Washington, D.C.

Why Contractors Should Care:

  • Legal and Political Uncertainty: TPS designations must be renewed every 18 months, and the program faces similar legal challenges to DACA. A lack of renewal could disrupt the labor supply in key regions.
  • Regional Dependence: Certain areas heavily rely on TPS workers, making their continued participation essential for ongoing and future projects.

The Path Forward:

AGC advocates for more stable, long-term solutions to ensure TPS workers can continue contributing to the industry. Consistent renewals and program stability are crucial to workforce planning.

Asylum Process: A Workforce in Limbo

The asylum process allows individuals fleeing persecution to work temporarily while awaiting a court hearing. These hearings, however, often take years to resolve, leaving workers in a prolonged state of uncertainty.

Why Contractors Should Care:

  • Prolonged Temporary Status: Asylum seekers can obtain work permits after 180 days but face years-long delays for court dates, creating instability for both workers and employers.
  • Policy Challenges: Recent administrations have attempted to restrict work eligibility, further complicating the process for asylum seekers.

The Path Forward:

AGC supports reforms that streamline the asylum process and expedite work authorizations, ensuring that these individuals can contribute to the economy while awaiting their legal status.

We Need Construction-Specific Solutions

While these four programs provide essential support, they are not enough to meet the construction industry’s labor demands. AGC is advocating for new, construction-specific visa programs, such as the one proposed by Congressman Lloyd Smucker. These programs would allow more foreign-born workers to enter the U.S. legally and fill critical roles while the domestic workforce pipeline is rebuilt.

Moreover, AGC is calling for a clear, earned path to legal status for undocumented workers already contributing to the industry. Mass deportations are not only logistically impossible but would also have devastating economic consequences. A pragmatic approach that balances enforcement with opportunity is essential.