[Congressional Record Volume 150, Number 108 (Monday, September 13, 2004)]
[Senate]
[Pages S9131-S9132]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS:
  S. 2792. A bill to permit athletes to receive nonimmigrant status 
under certain conditions, and for other purposes; to the Committee on 
the Judiciary.
  Ms. COLLINS. Mr. President, I rise today to introduce legislation to 
address the inability of promising, talented young athletes from other 
countries to play for sports teams in the United States, such as the 
MAINEiacs, a junior league hockey team in Lewiston, ME. This year's 
shortage of H-2B nonimmigrant visas for temporary or seasonal 
nonagricultural foreign workers is a matter of great concern to me and 
to many in my home State of Maine. In early March, the U.S. Citizenship 
and Immigration Services announced that the congressionally mandated 
cap of 66,000 H-2B visas would soon be met. It immediately stopped 
accepting applications for these visas. This meant that thousands of 
employers in Maine and across the United States who rely on the H-2B 
program have been in a very difficult position this summer.
  For example, Maine's tourism and hospitality industry, as well as its 
forest products industry, have been particularly hard-pressed to find 
enough American workers to keep their businesses running at normal 
levels during what is their busiest time of year. What many people do 
not know, however, is that the H-2B visa shortage has also meant that 
hundreds of promising athletes have been unable to come to the United 
States to play for minor league and amateur sports teams across the 
Nation.
  Those affected by the H-2B problem are not confined to just one 
industry or one State. That is why I cosponsored two pieces of 
legislation that would immediately address this problem: S. 2252, the 
Save the Summer Act, introduced by Senator Kennedy, and S. 2258, the 
Summer Operations and Services (SOS) Relief and Reform Act, introduced 
by Senators Hatch and Chambliss. The former would increase the H-2B 
visa cap by 40,000 this fiscal year, while the

[[Page S9132]]

latter would exclude from the cap returning foreign workers who were 
counted against the cap within the past 2 years. It has become clear, 
however, that until this legislation comes before the full Senate for a 
vote, we must continue to actively seek alternative solutions to this 
problem.
  One issue we must address is the problem facing the many minor league 
professional teams, as well as junior league hockey teams, that rely on 
H-2B visas. Without these visas, sports teams in Maine and across the 
Nation have been unable to bring some of their most talented prospects 
to the United States. Major League sports have also lost a traditional 
source of talent for their teams.
  In my home State of Maine, for example, the Lewiston MAINEiacs, a 
Canadian junior hockey league team, has been unable to obtain the H-2b 
visas necessary for the majority of its players to remain in the United 
States to play in the team's first home games this September. Although 
these players range in age from 16 to 20, the majority of them are 
between 16 and 18 years old and are required during the hockey season 
to balance the demands of athletics and academics. These scholar-
athletes are among Canada's most talented junior players, but due to 
the shortage of H-2B visas, they are in danger of missing out on a 
tremendous opportunity to improve their skills and, possibly, graduate 
to a career in professional hockey. In addition, for each home game 
that the team must cancel or reschedule, the economic impact on the 
city of Lewiston, and nearby Auburn, in terms of lost hotel and 
restaurant revenue will be considerable.

  The Portland Sea Dogs, a Double-A level baseball team affiliated with 
the Boston Red Sox, also relies on H-2B visas to bring several of its 
most skilled players to the United States. Thousands of fans come out 
each year to see this team, and others like it across the country, play 
what is arguably one of America's favorite sports. This year, however, 
approximately 300 talented young, foreign baseball players have been 
prevented from coming to the U.S. to play for minor league teams, a 
proving ground for athletes hoping to make it to the Major Leagues.
  The P-1 nonimmigrant visa is used by athletes who are deemed by the 
U.S. Citizenship and Immigration Services as performing at an 
``internationally recognized level of performance.'' Unfortunately, 
USCIS has interpreted this visa category to exclude these talented 
minor and amateur league athletes. This visa is typically reserved for 
only those athletes who have already been promoted to Major League 
sports. However, none of these promising athletes is likely to earn a 
Major League contract if the players are not first permitted to hone 
their skills, and to prove themselves, in the minor leagues. This 
problem can easily be solved by expanding the P-1 visa category to 
include minor league athletes, as well as those amateur-level athletes, 
like the Lewiston MAINEiacs, who have demonstrated a significant 
likelihood of graduating to the major leagues.
  I have received a letter from officials from Major League Baseball, 
which strongly supports the expansion of the P-1 visa category to 
include professional minor league baseball players. I ask unanimous 
consent to print this letter in the Record. As the League points out, 
by making P-1 visas available to this group of athletes, teams would be 
able to make player development decisions based on the talent of its 
players, without being constrained by visa quotas. The P-1 category, 
the League argues, is appropriate for minor league players because 
these are the players that the Major League Clubs have selected as some 
of the best baseball prospects in the world.
  There is no question that Americans are passionate about sports. We 
have high expectations for our teams, and demand only the best from our 
athletes. By expanding the P-1 visa category, we will make it possible 
for athletes to be selected based on talent and skill, rather than 
nationality. I ask that we act quickly to amend the law to make this 
possible.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            Major League Baseball,


                                   Office of the Commissioner,

                                                    July 22, 2004.
     Re Legislation for Nonimmigrant Alien Status for Certain 
         Athletes.

     Hon. Susan M. Collins,
     U.S. Senator from Maine, Russell Senate Office Building, 
         Washington, DC.
       Dear Senator Collins: I write to express Major League 
     Baseball's support for your efforts on behalf of Minor League 
     professional baseball players. We understand that you are 
     considering sponsoring legislation that will enable Minor 
     League players to obtain P-1 work visas to perform in the 
     United States.
       Currently, foreign players under Minor League contracts are 
     required to obtain H-2B (temporary worker) work visas to 
     perform in the United States. The United States Citizenship 
     and Immigration Services stopped accepting H-2B visa 
     applications in March this year, citing the nationwide cap in 
     the number of such visas that can be issued. That action has 
     prevented approximately 300 young baseball players from 
     performing in the Minor Leagues in the United States this 
     season and developing their skills in the hopes of becoming 
     Major League players.
       Minor League experience is crucial in developing the best 
     possible Major League players. Unlike other professional 
     athletes, baseball players almost invariably cannot go 
     directly from high school or college to the Major Leagues. 
     Almost all need substantial experience in the Minor Leagues 
     to develop their talents and skills to Major League quality. 
     To get that necessary experience, young players are signed by 
     Major League Clubs and assigned to play for Minor League 
     affiliates throughout the United States, such as the Eastern 
     League's Portland Sea Dogs in your state.
       The Major League Clubs are currently able to use only 81% 
     of the H-2B visas the Department of Labor allowed them for 
     this season, because current laws prevented them from making 
     decisions in the late spring and throughout the summer to 
     promote foreign prospects to United States affiliates. Major 
     League Clubs sign players from the Dominican Republic and 
     Venezuela and assign them at first to affiliates in those 
     countries, then seek to promote them to affiliates in the 
     United States as players' skills progress. Typically, a Club 
     would seek to promote 3-5 players per season to Minor League 
     affiliates in the United States, but the visa restrictions 
     this year have made those promotions impossible. We have 
     learned that at least several Clubs shied away from drafting 
     foreign (mostly Canadian) players whom they otherwise might 
     have selected in the annual First-Year Player Draft in June, 
     because those Clubs knew there would be no opportunity for 
     those players to begin their professional careers in the 
     United States this season. For the Canadian players who were 
     drafted this past June, signings have declined 80% from 2003. 
     These results of the current visa laws have deprived Minor 
     League fans across America from seeing the best young players 
     possible perform for affiliates of the Major League Baseball 
     Clubs and have affected the quality and attractiveness of 
     those affiliates.
       Under your leadership, congressional legislation could, by 
     sensibly making available P-1 visas to professional Minor 
     League athletes, ensure that the best baseball prospects from 
     around the world will get the opportunity to develop here in 
     the United States, without the constraint that the H-2B visa 
     cap imposes. The National Association of Professional 
     Baseball Leagues, Inc., also known as Minor League Baseball, 
     shares our support of your legislation. The Major League 
     Baseball Players Association also supports allowing the best 
     young players to develop here in the United States.
       Major League Baseball hopes that your Senate colleagues 
     will follow your leadership and pursue a legislative remedy 
     to a problem that is threatening to weaken Baseball's Minor 
     League system.
           Sincerely,

                                          Richard L. Alderson,

                                         Executive Vice President,
                                              Baseball Operations.
                                 ______