At the renowned Churchill Downs, home of the Kentucky Derby, Gerardo Serrano diligently tends to thoroughbred racehorses. His journey from Morelia, Michoacán, to the United States via a temporary H-2B visa is emblematic of many who seek opportunity through non-agricultural seasonal labor.
The H-2B visa is a vital component in industries like hospitality and horse racing, where workers are needed temporarily. However, for Serrano, this temporary status evolved into a permanent one, as he secured a U.S. green card three years ago, allowing his family to join him in the U.S.
“Thanks to God, we went through the visa process, legally, and then we were able to go into the next process,” Serrano told NPR, reflecting on the journey that brought his children to the U.S. as well.
Working in horse racing offers financial rewards, such as a share in a winning horse’s prize, but it also opens the door to permanent U.S. residency. A regulatory change, effective just before President Trump took office, has made this pathway more accessible, particularly in the horse-racing industry where employers are willing to invest in securing skilled workers.
Easier Green Card Applications
Historically, applying for a green card while on a temporary visa like the H-2B could jeopardize one’s ability to renew the visa. However, a new rule clarifies that H-2B workers can apply for permanent residency without risking their current visa status.
“Everyone is letting out a collective deep breath right now that the process got a little bit easier,” said Keith Pabian, a lawyer specializing in H-2B visas, noting the increased confidence among his clients in pursuing green cards.
The rule, introduced during the Biden administration, provides a stable path to residency for temporary workers, countering other restricted immigration avenues.
Employers Weigh the Costs and Benefits
Experts estimate that 20% to 70% of the workforce at any racetrack consists of H-2B visa holders. While the process of obtaining green cards is costly and lengthy, requiring significant upfront investment from employers, there is growing interest in sponsorship. Legal advisors report more employers exploring green card sponsorship as a means to secure a dedicated workforce for specialized roles.
Nataly Mualem, an attorney with expertise in workforce visas, explained that employers value the long-term benefits of having trained workers permanently. “By having them here permanently, they’re able to do more tasks in the off-season, they’re able to train others, they’re able to take on more diverse tasks,” she said.
Securing Talent for the Future
Trainers like Dallas Stewart and Ian Wilkes have invested in sponsoring visas and green cards for their staff, acknowledging both the financial costs and the strategic benefits. Wilkes noted, “It costs a lot of money for visas so once you get on a green card, it works out in the long-run.”
Employers face challenges such as the annual cap on H-2B visas and potential regulatory changes, prompting them to seek more permanent solutions. “The whole issue is I don’t have any Americans walking in the barn looking for a job at 4:30 in the morning,” Wilkes added, highlighting the reliance on foreign labor.
The Trainers’ Perspective
Trainers view their workers as integral to their success. The specialized nature of the work and the bonds formed over time make the transition from visa to green card a logical step. However, trainers acknowledge the risk that workers might leave once they achieve permanent residency.
Eric Hamelback of the National Horsemen’s Benevolent and Protective Association emphasized the importance of these programs, stating, “There is at least an understanding that this is not a workforce that can just be created if we don’t have these programs in place.”
Even as trainers like Dale Romans express concerns over the uncertainty of securing visas annually, the potential for long-term stability through green cards provides hope for both employers and workers.
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