Currently, seasonal employers are awaiting an extension of the Returning Worker Exemption which was a primary feature of the “Save Our Small and Seasonal Business Act of 2005.” Senator Barbara Mikulski (D-MD) proposed an amendment to an Appropriations Bill which would extend a one-year exemption for returning H-2B workers not to be included in the numerical cap of 66,000 visas. This amendment was written to be made retroactive to the beginning of Fiscal Year 2008 (October 1, 2007). Final approval is pending a joint House-Senate conference on this matter.

The Save Our Small and Seasonal Business Acts of 2007 are in the process of obtaining co-sponsors to Senate version. Proposing a five-year extension of the returning worker exemption has 35 co-sponsors and 40 are needed. The House Bill version proposes a permanent H-2B returning worker exemption and has 98 co-sponsors out of 100 needed.

While Senator Mikulski’s amendment is the most promising, we do not know the fate of this provision until the Appropriations Bill comes out of a combined House and Senate conference. However, regardless of the outcome, we urge all seasonal employers and users of the H-2B visa program to contact their Senators and Representatives in Washington, D.C. to express their support for these Save Our Small and Seasonal Business Acts of 2007.

For more information on contacting Congress, please click on the link below:

http://capwiz.com/aila2/issues/alert/?alertid=10162161