Legislation Proposes Seasonal Workers Exemption

U.S. Senators Barbara A. Mikulski (D-Md.) and Arlen Specter (R-Pa.) introduced  Feb. 5 the Save Our Small and Seasonal Business Act of 2009, legislation that will protect small and seasonal businesses from a devastating cut to their workforce by providing an exemption for returning seasonal workers.

“This bill protects our borders, protects American jobs and rewards people who play by the rules,” Mikulski said. “Without these seasonal workers, many businesses will not survive — they’ll be forced to limit services, lay off permanent U.S. workers or, worse yet, close their doors. As our nation confronts the most severe economic problems in generations, it is critically important that our government take bold steps to protect American jobs and small businesses. My bill does just that.”

Specter added, “In times of economic turmoil, it is important to address the needs of the small businesses that constitute the backbone of our national economy. This bill will provide businesses with the resources necessary for continued growth and expansion.  I look forward to working with my colleagues in the Senate on this important legislation.”

The Save Our Small and Seasonal Business Act of 2009 will:

• Extend the H2B Returning Worker Exemption that expired on Sept. 20, 2007 for an additional three years.
• Revise the “three year qualifying period” to include H2R worker, in addition to H2B workers.  H2R visas are issued to workers who have possessed an H2B visa for the previous three fiscal years and are returning to the United States to work.
• Firmly cap the program based on the economic needs of the United States, guaranteeing that employers can only fill the positions with H2B and H2R workers only when no American workers are available to fill them.

Mikulski first introduced the Save Our Small and Seasonal Businesses Act in 2004 to address this problem. It was signed into law by President George W. Bush in May 2005, making significant changes to the federal H2B visa program, including exempting returning seasonal workers from counting against the national cap of 66,000 visas, creating new anti-fraud provisions and ensuring a fair allocation of H2B visas among spring and summer employees.