A federal appeals court is considering Maine’s attempt to limit the use of foreign guestworkers in the state in a case that tests the limit of states’ powers over federal visa programs.
The US Court of Appeals for the First Circuit will hear oral arguments Wednesday in an appeal from a lower court order that blocked a state law preventing H-2A agricultural guestworkers from hauling forestry products within the state.
The outcome could determine whether states can restrict the employment of people with guestworker visas that were approved by the federal government.
There aren’t currently any state laws in effect that specifically limit the use of foreign guestworkers where expressly allowed by federal law, said Joshua Viau, a partner at Fisher & Phillips LLP.
“Groups who have long sought to limit the use of the H-2A program are watching this case to see if the state regulation is a viable path to reduce the use of guest workers,” he said in an email.
The appeals court will likely find the state law is preempted by federal statute, said Leon Fresco, a partner at Holland and Knight LLP.
If not, the case “may open the door for other states who may decide to either have complete bans on certain visas, or even to insert higher wage requirements,” he said.
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