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which required all federal agencies to analyze how they come to the US, learn about American culture and business
can change programs to prioritize hiring Americans— practices, and then return to their home country and spread
this extended to the State Department and its oversight their knowledge from a positive and enriching American cul-
of J-1 visas. We are still waiting for the State Department tural experience. Since then, while that original goal is still
to issue recommendations on any potential changes to the driving force of the J-1 visa program, much of the cul-
the J-1 visa program based on Trump’s executive order, tural component increasingly stems from the work com-
which are anticipated to be released this summer. The tim- ponent of the program. If the State Department proposes
ing of the proposed changes could be challenging for ski regulations later this year that limit J-1 visa jobs to only cer-
areas as they ramp up hiring in the summer with J-1 stu- tain positions—such as only those that are predominantly
dent visas. Simply put, changes are coming, but we don’t consumer-facing or directly improve cultural experiences—
know whether they will be minor or cosmetic, or far it could result in limitations on the type of jobs available
more substantive and onerous to J-1 visa students at ski areas
changes that happened to the and other businesses. While
H-2B program in 2015 under HIRE AMERICAN? such limitations would be dif-
President Obama. ficult to enforce by the State
What will the changes look An analysis of hiring records for Department, we won’t know the
like? NSAA, J-1 visa recruiting seasonal workers at Trump’s precise limitations, if any, until
agencies, employers, and lob- three properties in New York and the proposed regulations are
byists are all uncertain on what Florida (including Mar-a-Lago) unveiled later this summer.
to expect, but there are some revealed only one of the 144 Although there are lim-
possibilities to keep in mind as seasonal jobs went to a U.S. itations to J-1 visas, they are
you consider your overall staff- worker, the other 143 workers comparatively affordable and
ing strategies. Some speculate were H-2B visa immigrants. the timing of their availabil-
that the employer’s obligations ity (for students in the Southern
under the J-1 visa program will Source: Vox.com Hemisphere) aligns nicely
increase, including potentially with the American ski sea-
requiring them to cover visa son. Regardless of the changes
costs or to beef up the cultural to the program, the likelihood
and educational aspect of the program of new J-1 regulations—as well as the visa’s limit to four
(more events, dinners, cultural activities, etc.). It would be months during the ski season—may encourage some resorts
more problematic (although less likely) if the changes to the to re-consider utilizing H-2B seasonal visas more heavily in
J-1 program included requiring travel reimbursement, guar- the future.
anteed hours, or housing obligations—or even the possibil-
ity cutting the overall number of available J-1 visas (which H-2B VISAS & SKI AREAS
recently have averaged close to 100,000 summer work travel Due to the uncertain changes to the J-1 visa program, and
visas). But such significant changes would be far more con- because ski areas are also interested in longer-term staff-
troversial, and likely opposed by many in Congress. These ing solutions, more ski areas than ever are willing to take a
changes could add more expense and administration for fresh look at H-2B visas. To be sure, like the J-1 visa pro-
employers embracing the J-1 visa program, but NSAA is gram, there are many opponents of the H-2B visa program
working closely with Congress and a key coalition of indus- (under the guise of “Hire Americans First!”), who want it
try employers who utilize the J-1 visas to limit dramatic eliminated or restructured (see “New Appropriations Law
changes to the program. Provides Positive Changes for J-1, H-2B Visas,” pg. 20).
Others think the new J-1 visa regulations could include Benefits of H-2B visas include a longer employment
mandates as to what jobs can be used for J-1 visa students, experience (up to 10 months), the ability to bring people
including limitations on “waste management” positions back to a mountain resort year after year (and, in turn, more
(which have been mentioned by the State Department, but experienced workers), and reliable people who are willing to
not defined). This correlates with the main goal of the J-1 work hard and perform demanding jobs.
visa program: its cultural and diplomacy experience require- That said, if your resort decides to turn to H-2B visas,
ment. When Congress initially created the J-1 visa during it’s important to give thoughtful consideration to some of the
the height of the Cold War, it was done so to allow people to practical challenges of the program. (cont. on pg. 22)

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