II 111th CONGRESS 1st Session S. 388 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.

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 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.