The Save Our Seafood Act exempts nonimmigrant aliens working as fish processors from the annual numerical limitation on H-2B temporary work visas.
Lisa Murkowski
Senator
AK
The Save Our Seafood Act exempts nonimmigrant aliens working as fish processors from the annual numerical cap on H-2B temporary work visas. This change specifically targets workers involved in handling, preparing, freezing, or packing seafood to ensure the industry has access to necessary labor. The bill provides clear definitions for "fish" and "processor" related to this exemption.
The “Save Our Seafood Act” is a short, specific piece of legislation aimed squarely at solving a persistent labor problem in one industry: fish processing. Right now, the government caps the number of H-2B visas—temporary work permits for non-agricultural jobs—issued each year. This bill changes that by creating a carve-out: workers hired for specific fish processing jobs will no longer count against that annual cap.
This is a big deal because the H-2B cap gets hit fast, leaving many businesses scrambling for workers, especially during peak seasons. Under Section 2 of this Act, if you’re a nonimmigrant alien getting an H-2B visa to work as a fish roe processor, technician, supervisor, or general fish processor, you are effectively unlimited. You won’t be taking up one of the precious few spots reserved for other industries, like landscaping, hospitality, or construction.
The bill is meticulous about defining who qualifies. “Fish” includes everything from finfish to shellfish and their eggs (roe), but specifically excludes marine mammals and birds. The definition of a “Processor” is also broad, covering anyone involved in handling, storing, preparing, freezing, manufacturing, packing, labeling, or unloading fish at the dock. Essentially, if you’re turning raw fish into a market-ready product, you’re covered. However, the bill is clear that just harvesting the fish (fishing) or transporting it doesn't count, nor does basic cleaning done on the boat to keep the product fresh.
For the seafood industry, this bill is a massive win. It guarantees a stable, predictable labor supply, which should help keep processing plants running smoothly, especially in places like Alaska or coastal towns where seasonal seafood harvests drive the local economy. For consumers, the hope is that this stability translates into better supply and potentially more stable prices on processed seafood products.
But here’s the policy catch: The H-2B visa is a zero-sum game for most other businesses. Every visa granted to a landscaping company, a resort, or a construction crew comes out of that fixed annual pool. By exempting fish processing, the “Save Our Seafood Act” effectively allows one specific industry to jump the line. If you’re a small business owner in another sector who relies on H-2B workers, this exemption doesn't help you; it just means there are fewer visas available for everyone else competing for the capped spots. This creates an uneven playing field where one industry gets a permanent, unlimited labor source while others remain constrained.
Finally, the bill includes a cleanup provision by repealing Section 14006 of the Department of Defense Appropriations Act of 2005. This old section also dealt with H-2B exemptions for seafood processors, but the new bill replaces and simplifies that policy, making the new, permanent exemption the sole rule going forward.