Jan. 29, 2008
Urge Congress to renew the Save our Small
and Seasonal Businesses Act
Current situation:
The H-2B visa program is a temporary nonagricultural seasonal worker program used
by construction and other industries to supply them with guest workers. The H-2B
process requires approval of petitions and applications from four government agencies
that fully vet applicants and ensure applicants' temporary employment will not adversely
affect the domestic work force. Despite the arduous and expensive process that employers
must endure to use the program, the labor shortage has placed a huge demand on the
program. This growing demand has been exacerbated by the program's annual cap of
66,000 visas per federal fiscal year, which begins Oct. 1. The congressionally mandated
cap was established in 1990 and does not reflect current economic realities nor
meet the needs of businesses that rely on temporary workers. In 2004, the cap was
reached six months into the federal fiscal year, before many summer employers had
an opportunity to apply for seasonal workers. Demand has become so intense that
U.S. Citizenship and Immigration Services announced the 33,000 cap for the first
half of fiscal year 2008 was reached three days
before Oct. 1, 2007, and
the 33,000 cap for the second half was reached Jan. 2, 2008.
How your business is affected:
To help alleviate demand for H-2B visas, Congress passed the Save our Small and
Seasonal Businesses Act in 2005 to exempt "returning workers" in the program from
its 66,000 annual cap. Returning workers are defined as those who counted against
the cap in one of three fiscal years preceding the fiscal year of the requested
employment start date. This provision expired Sept. 30, 2007, and the Save our Small
and Seasonal Businesses Act of 2007, S 988/HR 1843, would extend it for one more
year and perhaps through 2012 should Congress agree to terms. But it has been opposed
by a number of Republicans and, ironically, the Congressional Hispanic Caucus (CHC)
chaired by Rep. Joe Baca (D-Calif.), which adopted a policy of opposing bills that
are not comprehensive immigration reform. Consequently, NRCA members that depend
on H-2B returning workers are being denied legal workers that enable them to operate
at full capacity during peak season, and this is having a negative affect on their
businesses, as well as the roofing industry and overall economy.
What you can do:
Contact your U.S. senators and representatives by calling the U. S. Capitol Switchboard
at (202) 224-3121 and ask them to pass the Save our Small and Seasonal Businesses
Act of 2007, S 988/HR 1843. Urge them to have it added to the stimulus package working
its way through Congress because failure to extend the provision is detrimental
to your business and industry, as well as local, state and national economies.
For more information, contact Craig Brightup, NRCA's vice president of government
relations, at (202) 546-7584 or
cbrightup@nrca.net.