Congress Members Continue to Push for H-2B Provision

Users of the guest worker program hope Congress will pass a bill exempting returning workers from counting against the cap, which has already been met for the second half of 2008.

Members of Congress continue to press for the passage of a bill that could help contractors get the seasonal workers they need for the upcoming season.

Senator Barbara A. Mikulski (D-Md.) and Congressman Bart Stupak (D-Mich.) led a broad bi-cameral, bi-partisan effort to urge President Bush to work with the Department of Homeland Security, the Department of Labor and Congress to ensure that small businesses throughout the country can keep their doors open this year.   

"This is not a new issue, not a new policy, not a new loophole, and not a new cap. We're not breaking new ground here," Mikulski said. "We are simply trying to extend the guest worker provision that has expired.  Small and seasonal businesses are counting on us, and we are letting them down. We cannot let the businesses who rely on us be forced to limit services, lay off permanent U.S. workers, or worse yet, close their doors."

The U.S. Citizenship and Immigration Services (USCIS) announced on Jan. 2 that it received enough applications to exceed the cap for H-2B visas for the second half of fiscal year 2008.

Failure to extend a provision of the Save Our Small and Seasonal Businesses Act, which expired on Sept. 30 and protects small and seasonal businesses, is forcing small businesses around the country to deal with cuts to their workforce.

Some H-2B supporters are hoping legislation will be passed as part of the economic stimulus package that is making its way through Congress. The Professional Landcare Network (PLANET) asks users of the program to let legislators know how many American jobs are tied to each of their seasonal workers.

"Failure to extend the H-2B returning worker exemption that expired at the end of fiscal 2007 will contribute further economic loss to a sluggish economy," the PLANET alert said. "You must also explain how you, as part of the green industry, as users, non-users, employees and suppliers, and other H-2B industry users, will face severe economic losses and will be forced to scale back planned vehicle and equipment purchases and possibly to lay off American workers whose jobs are supported during peak seasons by H-2B workers."

Representatives and senators through the Capitol Switchboard at 202/224-3121. PLANET offers an online Toolkit with more information about contacting Congress.

For more information, contact Tom Delaney, PLANET’s director of government affairs, at 770925-7113 or tomdelaney@landcarenetwork.org