[Congressional Record Volume 151, Number 100 (Thursday, July 21, 2005)]
[Senate]
[Pages S8668-S8669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Lieberman):
  S. 1443. A bill to permit athletes to receive nonimmigrant alien 
status under certain conditions, and for other purposes; to the 
Committee on the Judiciary.
  Ms. COLLINS. Mr. President, I rise today to once again introduce 
legislation that will address the challenges facing many promising, 
talented young athletes from other countries who wish to play for 
sports teams in the United States. Due to the shortage of H-2B 
nonimmigrant visas for temporary or seasonal nonagricultural foreign 
workers both this year and last, many American teams who rely on these 
visas to recruit new talent from abroad have been unable to bring some 
of their most talented prospects to the United States. This bill would 
provide a commonsense solution to this problem.
  Across the United States, the H-2B visa shortage has been a 
significant concern to many in a wide variety of industries, including 
hospitality, forest products, fisheries, and landscaping, to name a 
few. While we recently were successful in crafting a temporary, 2-year 
fix for the H-2B shortage, there is more still to be done. We must 
continue to seek permanent solutions to this problem, and to find 
practical ways to reduce the demand on this visa category. While there 
are a number of factors contributing to this high demand, among these 
is the extremely diverse, ``catch-all'' nature of this visa 
classification.
  What many people do not know is that, in addition to loggers, hotel 
and restaurant employees, fisheries workers, landscapers, and many 
other types of seasonal workers, the H-2B visa category is also used by 
many talented, highly competitive foreign athletes. Specifically, minor 
league athletes--unlike their counterparts at Major League franchises--
are lumped into this same oversubscribed visa category, despite the 
obvious differences in the nature of the work they perform. The recent 
H-2B visa shortage has therefore 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. Not only have 
many teams been unable to bring some of their most talented prospects 
to the United States, but this visa shortage has also compromised a 
traditional source of talent for Major League sports teams. In 
addition, some very talented ice skaters who have earned roles in a 
number of popular theatrical productions, such as Disney on Ice, have 
faced difficulties in coming to the United States.
  In my home State of Maine, for example, the Lewiston MAINEiacs, a 
Canadian junior hockey league team, faced tremendous difficulties last 
year obtaining 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 
in September. These young athletes are among Canada's most talented 
junior players, but the shortage of H-2B visas threatened their chances 
of improve their skills with the MAINEiacs and, possibly, graduate to a 
career in professional hockey. This year, due to uncertainty about the 
availability of H-2B visas at the end of the fiscal year, the team has 
had to schedule a later season home opener. It must also attempt to 
schedule make-up games for the home games that the team would normally 
play in September. This creates a hardship on the team and its venue, 
and could mean fewer home games and a loss of revenue for businesses in 
the surrounding area. I have received a letter from the MAINEiacs, 
expressing the teams's support for this legislation. I ask unanimous 
consent that this letter be printed in the Record.
  The Portland Sea Dogs, a Double-A level baseball team affiliated with 
the Boston Red Sox, is another of the many teams that relies on H-2B 
visas to bring some 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 one of America's favorite sports. Due to 
the shortage of H-2B visas, however, Major League Baseball reports that 
more than 350 talented young, foreign baseball players were prevented 
from coming to the U.S. last year and early this year to play for Minor 
League teams, a traditional proving ground for athletes hoping to make 
it to the Major Leagues. The experience gained in the Minor Leagues is 
crucial to the development of the best Major League players.
  The inclusion of these athletes in the H-2B visa category seems 
particularly unusual when you consider that Major League athletes are 
permitted to use an entirely different nonimmigrant visa category: the 
P-1 visa. This visa is used by athletes who are deemed by the U.S. 
Citizenship and Immigration Services, CIS, to perform at an 
``internationally recognized level of performance.'' Arguably, any 
foreign athlete whose achievements have earned him a contract with an 
American team would meet this definition. However, CIS has interpreted 
this category to exclude minor and amateur league athletes. Instead, 
the P-1 visa is typically reserved for only those athletes who have 
already been promoted to Major League sports. Unfortunately, this 
creates something of a catch-22: if an H-2B visa shortage means that 
promising athletes are unable to hone their skills, and to prove 
themselves, in the Minor Leagues, then they are far less likely to ever 
earn a Major League contract.
  A simple solution would be to expand the P-1 visa category to include 
minor league athletes and certain amateur-level athletes who have 
demonstrated a significant likelihood of graduating to the major 
leagues. I have received a letter from officials from Major League 
Baseball, which continues to strongly support the expansion of the P-1 
visa category to include professional Minor League baseball players. I 
would ask unanimous consent that this letter be printed 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. In addition, we would reduce some pressure on the H-2B 
visa category so that more of those visas can be used where they are 
really needed.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                                    July 11, 2005.
     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 wish to express the Lewiston 
     MAINEiacs Hockey Club's support for your efforts with regard 
     to amending the P-1 work visa to enable all of our

[[Page S8669]]

      non U.S. players to work in the United States.
       The Lewiston MAINEiacs Hockey Club is the sole U.S. based 
     franchise in the 18-member Quebec Major Junior Hockey League 
     (QMJHL). The QMJHL together with the Ontario Hockey League 
     (OHL) and the Western Hockey League (WHL) make up the 
     Canadian Hockey League which comprises a total of 58 teams. 
     Of these 58 franchises, 9 are located in the United Stats 
     (OHL-3,WHL-5, QMJHl-1).
       The CHL is the largest developer of talent for the National 
     Hockey League (NHL). More than 70% of all players, coaches 
     and general managers who have played in the NHL are graduates 
     of the Canadian Hockey League.
       The majority of players in the Canadian Hockey League are 
     Canadian, although each team is permitted to have a maximum 
     of 2 Europeans on their rosters. These is also an increasing 
     number of elite U.S. born players now playing in the league.
       The MAINEiacs sophomore season in 2004-fnl2-005 was a giant 
     success, growing the fan base to over 93,000 fans in the 
     regular season (2662 per game average). The team easily 
     advanced through the first round of the playoffs before 
     losing to the Rimouski Oceanic in the second round. Rimouski 
     subsequently went on to win the league title. The Lewiston 
     MAINEiacs also had two of their players drafted into the 
     National Hockey League in June 2004 with Alexandre Picard 
     being selected in the first round, 8th overall by the 
     Columbus Blue Jackets and Jonathan Paiememt being selected by 
     the New York Rangers in the 8th round. A total of 27 players 
     in the QMJHL were selected at the 2004 NHL Entry Draft.
       In January of 2004, the City of Lewiston purchased the 
     Colisee in order to complete the first round of renovations 
     to the facility which was in excess of two million dollars. 
     The Colisee has undergone a second phase of renovations in 
     excess of 1.8 million dollars that entails a three-story 
     addition to the front of the building providing for new 
     offices, box office, proshop, food and beverage concessions 
     and a new private VIP suite that can accommodate more than 
     130 fans per game. The City of Lewiston recently contracted 
     the day-to-day management of the Colisee to Global Spectrum, 
     a subsidiary of Comcast-Spectacor, one of the largest and 
     most successful facility management companies in North 
     America.
       The results of the current visa laws have forced all U.S. 
     based franchises in the CHL to delay the commencement of 
     their regular season until or after October 1 of each year 
     due to the restrictions of the H-2B temporary work visa 
     regulations. This has caused significant hardship on teams, 
     their facilities and the 3 leagues. U.S. based franchises are 
     forced to try and make-up games that would normally be 
     scheduled in the month of the September later in the season, 
     putting both the teams and their fans at disadvantage before 
     the season even commences.
       Under your leadership, should congressional legislation 
     make available P-1 visas to Major Junior players of the CHL, 
     the success of all 9 U.S. based CHL franchises would be 
     greatly enhanced by ensuring that all 58 teams have an equal 
     chance at attracting and developing the best available 
     talent.
       It is the hope of the Lewiston MAINEiacs that your 
     colleagues in the Senate follow your leadership and endorse 
     your recommendations for the expanded P-1 work visa to ensure 
     the viability and success of not only our franchise--but the 
     8 other U.S. based clubs in the Canadian Hockey League.
           Sincerely,
                                                    Matt McKnight,
     Vice President & Governor.
                                  ____

                                       Office of the Commissioner,


                                        Major League Baseball,

                                        New York, NY, May 6, 2005.
     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 
     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, forcing the Major League Clubs 
     to compete with employers of various unskilled workers for a 
     limited number of such visas that are issued. The United 
     States Citizenship and Immigration Services stopped accepting 
     H-2B visa applications in early January this year (and in 
     March, in 2004), citing the nationwide cap in the number of 
     such visas that can be issued. That action prevented more 
     than 350 young baseball players from performing in the Minor 
     Leagues in the United States in 2004 and 2005. Moreover, 
     Major League Clubs were forced to make premature player 
     promotion decisions this past off-season, in a race to apply 
     for H-2B visas before the cap was reached.
       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.
       Major League Clubs sign many 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 will make those promotions impossible this 
     season, as they did last year as well. The Major League Clubs 
     were able to use only approximately 80% of the H-2B visas the 
     Department of Labor allowed them for the 2004 and 2005 
     seasons, because current laws prevent them from making 
     decisions in the late spring and throughout the summer to 
     promote foreign prospects to United States affiliates. My 
     staff has 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 2004 and will do so again this year, because 
     those Clubs know there is no opportunity for those players to 
     begin their professional careers in the United States the 
     summer after their selection. For the Canadian players who 
     were drafted in June 2004, signings 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,
                                                  Robert A. DuPuy,
                            President and Chief Operating Officer.
                                 ______