[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 388 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 388

 To extend the termination date for the exemption of returning workers 
         from the numerical limitations for temporary workers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2009

Ms. Mikulski (for herself, Mr. Specter, Mr. Levin, Mr. Crapo, Mr. Bond, 
Mr. Lieberman, Mr. Reed, Mr. Kerry, Mr. Enzi, Ms. Collins, Mr. Bennett, 
Mr. Coburn, Mr. Whitehouse, Mr. Burr, Ms. Snowe, Mr. Leahy, Mr. Carper, 
Mr. Cardin, Mr. Hatch, and Mr. Barrasso) introduced the following bill; 
  which was read twice and 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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 to read as follows:
    ``(A) Subject to subparagraphs (B) and (C), an alien who has 
already been counted toward the numerical limitation under paragraph 
(1)(B) during any 1 of the 3 fiscal years immediately prior to 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 again be 
counted toward such limitation for the fiscal year for which the 
petition is approved. Such an alien shall be considered a returning 
worker.''.
    (b) Effective Date; 3-Year Limitation; Sunset Provision.--The 
amendment made by subsection (a) shall--
            (1) take effect as if enacted on December 1, 2008;
            (2) apply only to petitions with an approved start date in 
        fiscal year 2009, 2010, or 2011; and
            (3) terminate on the date that is 3 years after the date of 
        the enactment of this Act.
                                 <all>