ZT:
Senate Approves Extension of H-2B Cap Exemption
10/17/2007
Senator Barbara Mikulski (D-Md.) successfully added language to Commerce, Justice, Science (CJS) appropriations subcommittee fiscal year 2008 spending bill to extend a critical provision of the Save Our Small and Seasonal Businesses Act that expired on Sept. 30 and protects small and seasonal businesses from cuts to their workforce. The bill passed the Senate with a vote of 75-19.
The provision is a one-year extension to allow companies to continue to get the seasonal workers and will expire Sept. 30, 2008.
The Save Our Small and Seasonal Businesses Act, signed into law by President Bush in May 2005, made significant changes to the federal H-2B (non-skilled seasonal worker) visa program. Among the changes, it exempted returning seasonal workers from counting against the national cap of 66,000 people, created new anti-fraud provisions, and ensured a fair allocation of H-2B visas among spring and summer employees. This exemption, however, was not made permanent in the 2005 bill, and has to be extended each year until Mikulski's proposal to make it permanent is passed into law. Last year, a last-minute, one-year extension was included as part of the 2007 Department of Defense authorization bill, but it expired on Sept. 30.
Mikulski joined Senator John Warner (R-Va.) in March 2007 to introduce a stand alone bill to extend the provision, and also included it as an amendment to the comprehensive immigration packages considered by the Senate this spring. No bill was brought up for a final vote before the provision's expiration.
President Bush has promised to veto the CJS bill because it exceeds the spending limits in his budget proposal. Because of the veto threat, CJS appropriations may ultimately be wrapped up in a larger spending package. Although fiscal 2008 began Oct.1, Congress has not yet sent any of the 12 required appropriations bills to the President. The federal government is currently operating under a continuing resolution to keep the government funded through Nov.16, 2007. Congress must complete action on all of the appropriations bills before then or pass another continuing resolution. The appropriations process will likely be completed in late November or December.
The Professional Landcare Network is working with its allies in Congress to retain the H-2B returning worker extension. The short-term goal is to have President Bush sign the one-year extension into law; after that, the organization will begin advocating for a more permanent solution to the H-2B cap problem.
Mikulski pledged to continue to work with Senate leaders to make the provision permanent as part of comprehensive immigration legislation. A permanent solution is needed to address this annual problem or else seasonal businesses will likely suffer.
"I have been fighting for years to help good guy businesses and workers wade through the unfair procedures that were part of the H2B visa process," Mikulski said. "I will not give up until my fix is permanent."
Wednesday, October 17, 2007