Mikulski Amendment Clears Conference Committee

H-2B legislation clears yet another hurdle on its way to being signed into law. The House of Representatives could put its seal of approval on the bill and it's overarching legislation as early as tod

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U.S. Senator Barbara Mikulski’s office announced earlier today that her legislation, the “Save our Small & Seasonal Businesses Act of 2005” cleared a major congressional hurdle by passing the House-Senate conference committee. As such, the bill will be included  in the “must-pass” Iraq-Afghanistan Emergency Supplemental bill. The bill now moves to the House of Representatives for final passage, which could come as early as today, before moving to the Senate next week for final passage. Following passage, the legislation will be sent to President George W. Bush for his signature.

The legislation, authored by Senator Mikulski (D-Md.) and supported by the American Nursery  & Landscape Association, the Professional Landcare Network and numerous small-business associations outside the green industry, temporarily expempts returning seasonal workers from the national cap of 66,000 visas, creates anti-fraud provisions in the visa program, creates fair allocation of visas, and creates new reporting requirements so Congress may track how many people return to the U.S. each year through the H-2B visa program.

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Senator Barbara Mikulski (D-Md.) authored the Save our Small & Seasonal Businesses legislation. Photo:mikulski.senate.gov

For the second year in a row, the H-2B visa cap of 66,000 workers was reached. This year, the cap was reached just a few months into the fiscal year, which begins Oct. 1. Because companies are not allowed to apply for workers more than 120 days before they are needed, many businesses were not able to apply for visas because the cap was reached before their application window opened. The Senator’s office reports that businesses in her home state of Maryland need about 7,700 workers annually.

These temporary, documented workers are vital for many companies, including seafood processing, landscaping and hospitality companies., to stay in business. Many companies use the H-2B visa program year after year to legally hire temporary and seasonal workers when American workers are not available.

“This is a huge victory for small businesses all over the country, including right here in Maryland,” Senator Mikulski said. “I’m so proud my colleagues joined me in the fight to help our American companies who desperately need seasonal workers now, so their businesses can survive the summer. This legislation helps us keep American jobs, keep American companies open and yet retain control of our borders.”

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