HB2VISAS

NJARAPAC

New Jersey American Rental Association Political Action Committee

National Issues that effect your Business

SAVE OUR SMALL AND SEASONAL BUSINESSES ACT OF 2006

PROBLEM:

ü Small businesses all over the nation count on the H-2B program to keep their businesses afloat. Many use the program year after year because it is the only way to legally hire temporary and seasonal workers when no American workers are available.

ü In the past few years, the H-2B cap has been met as early as December making it impossible for late spring, summer, and early fall to find workers to fill their seasonal positions that their businesses rely on.

ü The exemption that this bill would extend has helped small businesses get the legal workers that they need since the cap is met so early in the cycle.

BACKGROUND:

ü H-2B workers are temporary nonagricultural workers who enter the country for seasonal work. Employers must verify with the Department of Labor that they have looked for American workers for these positions. Often this program is a last resort for seasonal businesses to find much needed workers for their program.

ü The program is a first-come, first-serve program and the employer can only apply for an H-2B worker 120 days out from when the position needs to be filled.

ü Types of Industries: seasonal hotel and tourism businesses, landscaping, timber, cider pressers, shrimping, fishing, canning, etc.

ü The need for seasonal workers impacts the entire nation including the tourist and resort industry of the East Coast, the Upper Midwest, and the Rockies; the fishing industry in Alaska; catfish and timber industries in Louisiana; crab processors in North Carolina; and the shrimp industry in Texas.

ü These workers come to the US for a short-period of time (e.g., summer season) and return to their home country. Many of these workers return each year to the same business due to the relationship that they have developed with the employer and the community. This has meant that businesses can also plan ahead in the determining the type of work and load that they will be able to do during their busy season.

SOLUTION:

ü Save Small and Seasonal Businesses Act of 2006 would extend the exemption of returning H-2B workers from the cap of 66,000. An H-2B applicant will not count toward the cap if they had entered the U.S. in one of the last preceding three-years as an H-2B worker.

ü This bill would only extend the existing language passed as part of the REAL ID Act (P.L. 109-13) on May 11, 2005.

ü This exemption allows are businesses to find the needed temporary worker to keep their businesses afloat and to keep American workers employed throughout the year.

House Support Members Cosponsoring H.R. 4740

NJ Members who cosponsored H.R. 793 last year but not signed on to H.R. 4740

Pallone LoBiondo

Andrews

At this time no NJ representative have cosponsored this bill. Let them know who has and encourage your representative to join in. Write and ask for their support of HR.4740.

Charles F. Bass Thomas Allen

Richard Baker Tammy Baldwin

Roscoe Bartlett Timothy Bishop

Madeleine Bordallo Charles Boustany

Jeb Bradley Henry Brown

Chris Cannon Michael Capuano

Benjamin Cardin Emanuel Cleaver

Barbara Cubin William Delahunt

Jeff Flake Stephanie Herseth

Walter Jones Mark Kennedy

Ron Kind John Kline

John Larson Sander Levin

Charlie Melcancon Michael Michaud

Dennis Moore James Moran

John Olver Solomon Ortiz

Earl Pomeroy Dutch Ruppersberger

Paul Ryan Jim Ryun

John Schwarz Rob Simmons

Bart Stupak John Sweeney

Chris Van Hollen Joe Wilson

Albert Wynn Wayne Gilchrest

Senate Support Members Cosponsoring SH2281

Just in 05/26/2006

The Senate just voted 62-36 for fianl passage of the immigration bill. Sen Mikulski's H2B fix was in the underlting bill which means it is included in the measure that is going to be conferenced with the House. Given the support we have seen in the House, I think we will hold this. I will keep in touch with Erin to see if we need to do anything. Good win on this and you deserve a lot of credi for getting us involved. Thanks and have a good weekend.
John McClelland
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