The number of migrants seeking to enter the U.S. at the Mexico border reached historic levels in 2023, with a record 2.5 million land border encounters with individuals lacking proper authorization to enter the U.S.

In addition, a less publicized situation occurring within our borders is a shortage of workers to fill jobs not otherwise being filled by the documented labor force. According to the Bureau of Labor Statistics, as of May 30, there were 8.1 million job openings in the U.S., and, as of Jan. 1, only 6.1 million available workers to fill those jobs.

The Society for Human Resource Management highlights that 46% of U.S. organizations are experiencing workforce disruptions because of a shortage of available workers and 57% of organizations report that they would benefit from an increase in legally authorized workers on visas.

At the intersection of these two issues is a compassionate and nonpolitical solution to a highly divisive humanitarian issue: matching qualified migrants with employers facing shortages of workers by leveraging the existing H-2A and H-2B legal frameworks.

Further, with proposed H-2A fee legislation being circulated through several House committees by Rep. Delia Ramirez, D-Ill., now may be the time to revisit and invest in these programs.

Benefits of H-2 visas

This visa solution could boost the productivity of American businesses and improve the overall economy, while offering fair wages, housing and other benefits to the many migrants who come to the U.S. in search of a better life than the one they left behind.

The H-2A and H-2B programs provide short-term visa status for workers in the agriculture industry, as well as in nonagricultural jobs that are temporary in nature.

Under these frameworks, the U.S. Department of Labor would assess the labor market, U.S. Citizenship and Immigration Services would vet employers, and U.S. Customs and Border Protection and the U.S. Department of State would assess migrants’ skills, conduct background checks and provide legitimate work authorization.

The short-term nature of the H-2A and H-2B visas is appealing because applicants are required to undergo a biometric and security screening each time they renew their status.

The H-2A visa is reserved for jobs that are, by definition, agricultural in nature. There is no numerical limitation on the H-2A visa, and before recruiting or transporting H-2A workers, employers must prove that there is a demonstrated shortage of U.S. workers.

This visa also provides protections for both U.S. and foreign workers. For example, employers must pay workers the higher of the adverse-effect wage rates, the DOL prevailing wage, or the federal or state minimum wage.

Employers must pay a worker’s inbound and outbound transportation costs, and provide a per diem for each day of travel.

And, most significantly, employers must provide housing that meets all applicable safety standards, which addresses the problems that many major metropolitan areas are experiencing with new immigrants becoming homeless or occupying shelters.

The H-2A visa program would provide migrants with work authorization, fair wages and family benefits, without a numerical limit on registrations.

The H-2B visa is for jobs that are temporary in nature, such as seasonal, peak-load, one- time occurrence or intermittent jobs. Landscaping and seasonal resorts are two examples of industries that utilize the H-2B visa.

Like the H-2A visa, the H-2B visa process involves a test of the labor market to prove that there is a shortage of U.S. workers. It also requires fair wage protections and family benefits. Unlike the H-2A visa, however, there is no requirement to provide housing and a statutory limitation of 66,000 visas available each year applies.

Potential solutions to H-2 program barriers

Many of our clients have used the H-2B program to hire foreign national workers with varying results. Some have found it to be a reliable source for seasonal talent, while others have said it has become unreliable.

By increasing utilization of the H-2A and H-2B programs for new immigrants who arrive at the U.S. borders with the skills and willingness to do jobs for which employers have a demonstrated need, Congress could put a big dent in the border issue while also helping such companies grow and thrive.

But this solution does not come without barriers.

First, Congress would need to statutorily authorize an increase in the H-2B statutory annual cap. The demand for H-2B visas far surpasses their availability each year. Last year during this filing period, the DOL received 8,693 applications, requesting 142,000 positions. This year, the DOL received 8,817 applications, requesting 138,000 positions.

Congress, in recognition of the historical and current demand has, for the last several fiscal years, authorized supplemental caps, and often does so through appropriations and omnibus legislation. Additional countries, such as Venezuela and Cuba, should be considered in the expansion of this cap program as well as an increase in the general visa numbers that include Mexico.

Countries that have high levels of arrivals at the southern border would need to be designated by the U.S. Department of Homeland Security for purposes of H-2A and H-2B visas.

Currently, countries receiving additional supplemental visa numbers under the H-2B visa program include El Salvador, Honduras, Guatemala, Haiti, Costa Rica, Colombia and Ecuador. The U.S. Agency for International Development is presently working with those foreign ministries to train U.S. consular officials on the H-2 visa programs.

The foreign ministries in these countries are also tasked with vetting applicants in conjunction with helping to grow the awareness of the program in these countries.

Critics may draw comparisons to the controversial Bracero program, a government-sponsored program that brought millions of Mexican farm and railroad workers to the U.S. for seasonal jobs between 1942 and 1964. Harsh conditions and low pay eventually led to its end.

However, the current H-2A and H-2B framework offers better protections for migrant workers’ well-being and better pay —protections that did not exist during the Bracero program.

Where possibility meets progress

The comprehensive approach of utilizing visa categories that are already within our immigration toolbox offers a humane and economic solution that addresses the situation at the border, which has left many migrants and local communities without viable programs or opportunities, and helps companies overcome worker shortages.

To make these changes will take political willpower, but at the collision of two separate crises lies possibility and progress.

Ashley Foret Dees and Jeff Joseph are BAL Partners (based in Houston and Denver, respectively) who oversee the firm’s H-2A agricultural and H-2B temporary visa programs.

This article originally appeared on Law360.