[Congressional Record Volume 150, Number 73 (Friday, May 21, 2004)]
[Senate]
[Page S6083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            H-2B VISA CRISIS

 Mr. JEFFORDS. Mr. President, today I would like to discuss my 
disappointment with the failure to address an issue of critical 
importance to small businesses around the country--- the need to 
consider legislation temporarily raising the cap on the number of H-2B 
visas for this fiscal year.
  As many of my colleagues know after hearing from their constituents, 
the limit on the number of H-2B visas that could be issued this fiscal 
year was reached in early March. The H-2B cap was reached less than 
halfway through the current fiscal year and has caused critical 
problems around the country. This is especially true for those small 
businesses that rely on H-2B visas to completely fill their staffing 
needs over the summer months. A business may apply for a H-2B visa no 
sooner than 120 days before the individual is needed for employment, 
and the cap was reached as businesses were applying for their summer 
positions.
  I quickly heard from many Vermont businesses expressing their 
concerns about not being able to obtain these needed workers, and I was 
pleased to join Senator Kennedy in introducing the Save the Summer Act 
on March 29, 2004. This commonsense approach would raise the cap on H-
2B visas for this fiscal year by 40,000. This is a simple, 
straightforward, easy-to-understand-and-implement solution to this 
problem. I was pleased that the bill had bipartisan support when it was 
introduced and I was hopeful that it could be considered and passed 
quickly in the Senate. Unfortunately, this was not to be the case.
  The next day, on March 30, Senator Hatch introduced the Summer 
Operations and Services Relief and Reform Act that addressed the H-2B 
cap problem in a different manner. While I felt that this legislation 
addressed the problem in a less clear, more complicated way, I was very 
pleased that the Senate Judiciary Committee chairman, Senator Hatch, 
and the Judiciary Committee's Immigration Subcommittee chairman, 
Senator Chambliss, recognized that there was a problem that had to be 
immediately addressed.
  In the normal legislative process, the next step should have been for 
the two sides to sit down and try to work through the differences 
between the bills and then quickly pass legislation to solve this 
problem. However, in this case, the Republicans on the Senate Judiciary 
Committee were not in agreement on how to address the matter and began 
to negotiate among themselves. Unfortunately, they chose not to 
negotiate with the supporters of the Save the Summer Act until they had 
reached a consensus. Supposedly, more than a month after the bill was 
introduced, the Republicans finally reached an agreement amongst 
themselves.
  Although the majority reached a consensus, the business community and 
the Department of Homeland Security raised concerns about the 
Republican agreement. Thus, the Republicans have gone back to the 
drawing board and are once again negotiating amongst themselves.
  It is now the day before the Senate will take its break for the 
Memorial Day holiday. Many think of Memorial Day weekend as the 
unofficial beginning of summer. However, almost 2 months after 
legislation had been introduced, businesses around the country that 
were counting on the Congress to solve this problem still do not have 
an answer. Summer may have begun, but for many businesses, this summer 
season will not be something to celebrate.
  Senator Kennedy and I introduced a simple, easy solution to this 
problem on March 29 that would have allowed businesses to obtain the 
employees they desperately need for the summer, while giving the 
Congress the opportunity to address the long-term issues with the H2-B 
program. However, the Republican leadership will not allow the Senate 
to pass this legislation with an overwhelming vote.
  It has been almost 2 months since legislation was introduced, almost 
3 months since the problem arose, and the Republicans are still 
debating the issue internally. The Senate should pass the Save the 
Summer Act immediately and help our Nation's small businesses.

                          ____________________