I 111th CONGRESS 1st Session H. R. 1136 IN THE HOUSE OF REPRESENTATIVES February 23, 2009 Mr. Stupak (for himself, Mr. Wittman, Mr. Hinchey, Mr. Bartlett, Mr. Costa, Mr. Blunt, Mr. Delahunt, Mr. Simpson, Mr. Ruppersberger, Mr. Bishop of New York, Mr. LaTourette, Mr. Platts, Mr. Kratovil, Mr. Pomeroy, Mr. Wilson of South Carolina, Mrs. Miller of Michigan, Mr. Ehlers, Mr. Sarbanes, Mr. Markey of Massachusetts, Mr. Rothman of New Jersey, Mr. Lamborn, Mr. LoBiondo, Mr. McHugh, Mr. Moran of Virginia, Mr. Moore of Kansas, Mr. Courtney, Mr. Oberstar, Mr. Ryan of Wisconsin, Mr. Brown of South Carolina, Mr. Lucas, Mr. Lynch, Mr. Welch, Ms. Bordallo, Mr. Bishop of Utah, Mr. Hoyer, Mr. Israel, Mr. Pitts, Mr. McGovern, Mr. Payne, Mrs. Tauscher, Mr. Larsen of Washington, Mr. Kennedy, Mr. Cao, Mr. Kind, Ms. Pingree of Maine, Mr. Boustany, and Mr. Carney) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To extend the termination date for the exemption of returning workers from the numerical limitations for temporary workers.

1.

Short title

This Act may be cited as the Save Our Small and Seasonal Businesses Act of 2009.

2.

Extension of returning worker exemption to H–2B numerical limitation

(a)

In general

Section 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A) is amended, by striking an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007. and inserting an alien who has been present in the United States as an H–2B nonimmigrant during any 1 of the 3 fiscal years immediately preceding the fiscal year of the approved start date of a petition for a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) shall not be counted toward such limitation for the fiscal year in which the petition is approved. Such alien shall be considered a returning worker.. (b)

Effective date

The amendment made by subsection (a) shall take effect as if enacted on October 1, 2008.