[Congressional Record (Bound Edition), Volume 153 (2007), Part 23] [House] [Pages 32252-32255] [From the U.S. Government Publishing Office, www.gpo.gov]H-2B RETURNING WORKER PROGRAM The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Michigan (Mr. Stupak) is recognized for 5 minutes. Mr. STUPAK. Mr. Speaker, I rise today in support of extending the H- 2B returning worker program this year. The H-2B visa program was created to provide access to nonimmigrant temporary workers for seasonal and peak load needs when no American workers can be found. Foreign workers offer small and seasonal businesses short-term help and return to their home country at the end of the season. H-2B visas are capped at 66,000 visas per year. Even with 66,000 visas a year, it still does not meet the labor needs of seasonal businesses. To help fill these additional needs, Congress established the H-2B returning worker program in 2005. This program exempts returning workers who have received an H-2B visa in one of the three previous fiscal years from counting against the 66,000 cap. However, this program expired on September 30. On September 27, 4 days before the season even started, the U.S. Citizenship and Immigration Service had already received enough visa petitions to exceed the cap for H-2B visas for the first half of fiscal year 2008. The application process for the second half of fiscal year 2008 began on December 3, two days ago. Without extending the returning worker program, it's expected that the visas will go quickly, leaving many businesses without the workers they need to fulfill their business needs. This demand highlights the immediate need for Congress to extend the H-2B returning worker program to help small and seasonal businesses fill their seasonal labor needs and keep full-time Americans and their businesses working. These returning workers have provided relief to small businesses throughout the Nation, covering a broad spectrum of industries like landscapers, tourism, seafood processors and carnivals. At this time, I will enter into the Record a letter from the H-2B Workforce Coalition in support of extending the H-2B returning worker program. [[Page 32253]] Workforce Coalition, November 19, 2007. Dear Representative: As representatives of tens of thousands of seasonal employers throughout the country, we urge you to support H.R. 1843, the ``Save Our Small and Seasonal Business Act of 2007.'' This bipartisan bill would simply renew the highly successful relief provision for the H-2B visa program that was initially approved by the Senate by 94-6 in 2005. This provision recognizes the reliability and trustworthiness of past participants in the H-2B program by exempting those temporary seasonal workers who have participated fiscal the H-2B visa program and have completely followed the law during the past three fiscal years from counting toward the statutory cap. The congressionally mandated 66,000 annual cap on the number of workers allowed to participate in the program that was established in 1990 does not reflect current economic realities or meet the needs of businesses which are seasonal or have peak load needs that rely on these workers. Before employers can hire temporary seasonal workers under the program, they must advertise their job openings, work with local unemployment offices to identify potential American workers and offer the positions to any qualified domestic applicants. The jobs these guest workers fill do not take jobs away from Americans. It is not until employers have carried out this time consuming and expensive due diligence in trying to hire American workers that they are allowed to petition the federal government for a labor certification and ultimately bring in temporary workers--their final option to run their seasonal businesses. In fiscal year 2004, the statutory cap was reached on March 9--only six months into the fiscal year and before many summer employers had an opportunity to apply for seasonal workers. As a result, many of these businesses had to cancel events, operate at partial capacity, not open parts of their businesses, or have their full-time staff work overtime to the point of burnout. Each subsequent year, the cap has been reached sooner as a result of the increased need for seasonal workers and an increasing labor shortage. The cap for the first half of fiscal year 2008 was reached on September 27--3 days before the fiscal year even began. Without immediate action by Congress, widespread economic consequences will severely impact diverse economic sectors throughout the country including lodging, restaurants, landscaping, clubs, amusement parks, ski resorts, food processing, stone, travel and tourism, horse sports, construction, entertainment, hospitality, recreation and many other seasonal industries. On behalf of thousands of small businesses and seasonal employers throughout the country, we urge you to support H.R. 1843 and secure its immediate passage. Sincerely, National Organizations: American Forest & Paper Association American Horse Council American Hotel & Lodging Association American Immigration Lawyers Association American Nursery and Landscape Association American Rental Association American Trucking Associations Asian American Convenience Store Association Asian American Hotel Owners Association Associated Builders and Contractors Associated General Contractors of America Federation of Employers and Workers of America International Association of Amusement Parks and Attractions Interlocking Concrete Pavement Institute International Franchise Association National Club Association National Federation of Independent Business National Restaurant Association National Roofing Contractors Association National Ski Areas Association National Thoroughbred Racing Association Outdoor Amusement Business Association Professional Landcare Network Tree Care Industry Association U.S. Chamber of Commerce State and Regional Organizations: Alabama Forestry Association Alabama Hospitality Association Alabama Restaurant Association Alaska Hotel & Lodging Association Alaska Restaurant & Beverage Association Arizona Hotel & Lodging Association Arizona Landscape Contractors Association Arkansas Forestry Association Arkansas Hospitality Association Associated Landscape Contractors of Colorado Branson Lakes Area Lodging Association California Hotel & Lodging Association California Ski Industry Association Chesapeake Bay Seafood Industries Association Colorado Association of Lawn Care Professionals Colorado Hotel & Lodging Association Colorado Restaurant Association Commercial Flower Growers of Wisconsin Delaware Restaurant Association East Hampton Chamber of Commerce Florida Forestry Association Florida Restaurant and Lodging Association Georgia Hotel & Lodging Association Georgia Restaurant Association Gulf Oyster Industry Council Hawaii Hotel & Lodging Association Hilton Head Island-Bluffton Chamber of Commerce Hospitality Association of South Carolina Hotel and Lodging Association of Greater Kansas City Idaho Nursery & Landscape Association Indiana Hotel & Lodging Association Illinois Hotel and Lodging Association Illinois Landscape Contractors Association Iowa Lodging Association Iowa Restaurant Association Kentucky Hotel & Lodging Association Kentucky Nursery & Landscape Association Kentucky Restaurant Association Kentucky Turfgrass Council Landscape Contractors Association MD-DC-VA Lawns of Wisconsin Network Long Island Hotel and Lodging Association Long Island Convention and Visitors Bureau Maine Campground Owners Association Maine Innkeepers Association Maine Merchants Association Maine Restaurant Association Maine Tourism Association Maryland Hotel & Lodging Association Massachusetts Lodging Association Massachusetts Nursery & Landscape Association Massachusetts Restaurant Association Metro Atlanta Landscape & Turf Association Michigan Green Industry Association Michigan Hotel, Motel & Resort Association Michigan Nursery & Landscape Association Michigan Restaurant Association Mid-America Green Industry Council Minnesota Nursery & Landscape Association Minnesota Restaurant Association Missouri Restaurant Association Montana Innkeepers Association Montauk Chamber of Commerce Myrtle Beach Area Hospitality Association Nebraska Hotel & Motel Association Nevada Hotel & Lodging Association Nevada Landscape Association New England Apple Council New Hampshire Lodging & Restaurant Association New Jersey Green Industry Council New Jersey Hotel & Lodging Association New Jersey Irrigation Association New Jersey Landscape Contractors Association New Jersey Nursery & Landscape Association New York State Hospitality and Tourism Association New York State Lawn Care Association New York State Restaurant Association New York State Turf & Landscape Association New York Thoroughbred Horsemen's Association North Carolina Nursery & Landscape Association North Carolina Restaurant and Lodging Association North Dakota Hospitality Association Northern Colorado Stone Quarriers Association Ohio Hotel & Lodging Association Ohio Landscape Association Ohio Nursery & Landscape Association Ohio Restaurant Association Oklahoma Greenhouse Growers Association Oklahoma Hotel and Lodging Association Oklahoma Nursery & Landscape Association Oklahoma Restaurant Association Oregon Landscape Contractors Association Oregon Lodging Association Oregon Restaurant Association Pennsylvania Landscape & Nursery Association Pennsylvania Restaurant Association Pennsylvania Tourism & Lodging Association Restaurant Association of Maryland Rhode Island Hospitality & Tourism Association South Carolina Forestry Association South Texas Nursery Growers Association Southern Innkeepers Association Southampton Chamber of Commerce Tennessee Hotel & Lodging Association Tennessee Restaurant Association Texas Forestry Association Texas Horsemen's Partnership Texas Hotel & Lodging Association Texas Nursery & Landscape Association Texas Restaurant Association Utah Hotel & Lodging Association Vermont Ski Areas Association Virginia Green Industry Council Virginia Hospitality and Travel Association Virginia Nursery & Landscape Association Washington Association of Landscape Professionals Washington State Hotel & Lodging Association [[Page 32254]] Washington State Nursery & Landscape Association West Virginia Hospitality & Travel Association Wisconsin Green Industry Federation Wisconsin Innkeepers Association Wisconsin Landscape Contractors Association Wisconsin Nursery Association Wisconsin Restaurant Association Wisconsin Sod Producers Association Wyoming Lodging and Restaurant Association Businesses: 360 Degree Realty, Illinois 4T Total Lawn, Kansas A-1 Chipseal Co., Colorado A & A Construction Company, Texas A To Z Lawn and Landscaping, Ohio A.E. Phillips & Son, Maryland A & M Underground Irrigation Systems, South Dakota A Cut Above Landscape Management, Georgia A Perfect Landscape, Colorado A.S.T. Landscape Services, Texas A Yard & A Half Landscaping, Massachusetts A Wave Inn, New York AA Tex-Lawn, North Carolina AAA Landscape, Arizona Abernethy & Spencer Greenhouses, Virginia Absolute Landscaping Inc., New Jersey Acacia Digging & Transplanting Services, Texas Academy Sports Turf, Colorado Ace Landscaping Corporation, Washington Ackerson Landscape, Missouri Acres Group, Illinois Adams Landscaping, New York Adventure Bound Camping Resorts, New Hampshire Affordable Lawn Sprinklers & Lighting, Virginia Airporter Inn, California Akala, Florida Al Allentuck Landscaping, Maryland Alder Springs Enterprises, Maryland All Around Concrete Cutting, Louisiana All Around Concrete Demolition, Louisiana All Pro Landscaping of Tallahassee, Florida Allin Companies, Pennsylvania Allen's Landscaping and Maintenance, Virginia Almeda Wholesale Nursery, Colorado Alpine Meadows Ski Resort, California Amberscapes, Texas Amelia Island Plantation, Florida American Beauty Landscaping, Ohio American Landscape, Wisconsin America's Best Inn, Vicksburg, Mississippi America's Catch, Mississippi Ameriworks Global, Louisiana Anchor Retaining Wall Systems, Texas Anewalt's Landscape Contracting, Pennsylvania Angel Inn of Branson, Missouri Ann Breyer's Cottages, New York Aplin Masonry of Telluride, Colorado Apgar Turf Farm, Delaware Aqua Barrier Exterior Waterproofing, Tennessee Aqua-Lawn, Connecticut Arapahoe Acres Nursery & Landscaping, Colorado Arapahoe Horticulture, Colorado Architectural Paving Systems, Oklahoma Aqualawn, Ohio ArborLawn, Michigan Architerra, Illinois Armstrong Landscape & Design Group, Texas Arrowhead Resort, Michigan Arteka Companies, Minnesota ArtisTree, Florida Artistree Nursery & Landscape Design, Florida Artistic Designs Lawn & Landscape, Kansas Arvest Bank, Missouri Aspen Corporation, West Virginia Aspen Grove Landscape Company, Maryland Aspen Lawn Care, Kansas Aspen Skiing Company, Colorado Atlantic Plants, New Jersey Diamond Landscapes, Kentucky Dinneen Landscaping, Massachusetts DMB-Highlands Group LLC, California Doctor's Inc., Kansas Doctors ``At the Lake'' Inc, Kansas Doctor's Lawn & Landscape, Kansas Dom's Landscaping, New York Don CeSar Beach Resort, Florida Duke's Tree Landscape Management, New Jersey Dominguez Racing Stables, New Mexico Double A Contracting, Texas Double JJ Concrete, Colorado Dove Creek Quarries, Utah Dowco Enterprises, Missouri Driftwood, New York Dune Management, New York Duryea's Lobster Deck, New York Dusty Lout Agri Service, Texas Dwyer Designscapes. Kentucky E.A. Quinn Landscape Contracting, Connecticut E.L. Irrigation & Landscaping, Texas Eagle Crest Nursery, Colorado East Deck Motel, New York East Hampton House, New York East West Resorts, Colorado Eastgate Sod, Ohio Eastern Land Management, Connecticut Eastern Shipbuilding Group, Florida Eco-Cutters, Colorado ECO Specialty Systems, Missouri Econo Lodge, Fayetteville, North Carolina Econo Lodge, Flagstaff, Arizona Econo Lodge, West Springfield, Massachusetts ECOSystems Landscape Service, Texas Ed Castro Landscape, Georgia Edmundson Inc, Colorado El Jarrito Restaurants, Texas The Elevation Hotel and Spa, Colorado Elite Lawn & Landscape, Ohio Elite Lawn & Landscape, Tennessee Elite Professional Lawn & Landscaping, Texas Ellis Cement Contracting, Ohio Embassy Lawn & Landscaping Group, Missouri Emerald Lawn Care & Landscaping, Kansas The Enchantment Resort & Spa, Arizona Enviroscapes, Ohio Epic Landscape Production, Kansas Equibrand Products Group, Texas Estate Landscape & Irrigation, California Evening Shade Lawn Care, New Jersey Evergreen Gene's, Maryland Evergreen of Johnson City, Tennessee Executive Moving Systems, Virginia F. Espinoza Landscaping, Illinois Fairfax Golf, Oklahoma The Fairmont Hotel, Texas Fairway Landscape & Nursery, Texas Falcon Executive Inn, Texas Falfurrias Executive Inn, Texas Farmside Landscape & Design, New Jersey Felipe's Lawncare, Oklahoma Fieldworks Landscape, Massachusetts Florasearch, Florida Florida Lawns, Florida The Fockele Garden Company, Georgia Focal Pointe Outdoor Solutions, Illinois Fort Pond Lodge, New York Frank's Used Tank & Heaters, Texas Frank Sharum Landscape Design, Arkansas Franz Witte Landscape Contracting, Idaho Franzen Farms, Texas Fred Adams Paving Co, North Carolina Front Range Snow & Ice, Colorado Frontier Landscaping, Washington Fullmer's Landscaping, Ohio G.W. Hall & Son, Maryland Gachina Landscape Management, California Gallegos Corporation, Colorado Gangemi Landscaping, New Jersey Garden Gate Landscaping, Maryland The Garden Greenhouse & Nursery, New Jersey The Garden of Gethsemane Nursery & Landscaping, Texas Garden State Irrigation, New Jersey Gardeners' Guild, California Gardens Beautiful Garden Centers, Wisconsin Garner's Northwest, Washington Garrick-Santo Landscape, Massachusetts Gateway National Golf Links, Illinois Gatlinburg Sky Lift, Tennessee GDK Leasing Inc., Florida Gear Garden Center, Ohio Geissler Tree Farms, Pennsylvania GEL Inc, Utah Genesis Lawn & Landscape Management, Arkansas Gentle Giant Moving Co., Massachusetts Giambrocco Greenhouses, Colorado Ginkgo Landscape Group, Illinois GLV Construction, New York The Good Earth Construction, Arkansas Good Labor, Alabama Goodwin Proturf, Kansas Gosman's Culloden House, New York Gosman's Restaurant, New York Gothic Grounds Management, California GPS Enterprises, Texas Graham & Rollins, Virginia Grand Hotel, Michigan The Grand Lodge Crested Butte, Colorado Grand Marais Hotel Company, Minnesota Grand Oaks Hotel, Missouri Grand Teton Lodge Company, Wyoming Grand Traverse Resort and Spa, Michigan GrandScapes, Michigan Grandscapes Landscape & Design, New Jersey Lighthouse Inn, Massachusetts Lilac Tree Hotel & Spa, Michigan Lindy's Seafood Inc., Maryland Lindy's Taxi, New York Lipinski Landscape & Irrigation, New Jersey Lipinski Snow Services, New Jersey The Little Nell, Colorado Live Oak Landscape Contractors, New Jersey Living Water Landscaping & Irrigation, New Mexico LMC, Texas LMI Landscapes, Colorado LMI Landscapes, Florida LMI Landscapes, Texas LMS Guam, Guam The Lodge at Mountaineer Square, Colorado The Lodge of Four Seasons, Missouri Loews Ventana Canyon Resort, Arizona Longhorn Landscape Lighting & Holiday Decor, Texas Lonnett Lawn & Landscape Maintenance Service, Pennsylvania Loon Mountain, New Hampshire Loyet Landscape Maintenance, Missouri LSW Show Horses, Vermont [[Page 32255]] LT Rental Services, New York Luciano & Son, Massachusetts Lueders Environmental, Massachusetts Lynch Landscaping, Maine Lyons Sandstone, Colorado M. Atkins Inc, Colorado M & M Mowing, Colorado Madison Planting & Design Group, Mississippi Magic Gardens Landscape Contractors, New Jersey Magma Industrial Co, Georgia Magnolia Landscaping, New Jersey Maid to Clean, Michigan Main Street Inn & Suites, Michigan Mainscape, North Carolina Mandoki Hospitality Group, Alabama Mango Design, Utah Mark Kuppe & Associates, Michigan Mariani Landscape, Illinois Marriott International, Inc. Martin Associates, Illinois Martin Property Maintenance, Texas Marvin Windows and Doors, Minnesota Massengale Grounds Management, Louisiana Mauer Landscapes, Ohio McCarthy's Landscaping & Irrigation, Massachusetts McFall & Berry Landscape Mgt, Maryland MCL, LLC, Virginia McGinty Bros., Inc. Lawn & Tree Care, Illinois McKenna Construction, New York Metco Landscape, Colorado Meticulous Landscaping, New Jersey Metivier Inn, Michigan Michael Bellantoni, Inc., New York Michigan Peddler, Michigan Michigan Vacation Rentals, Michigan Mickey's Carting, New York Microtel Inn & Suites, Dixon, California Midwest Landscapes, Minnesota Milberger's Landscaping, Texas Mike Ward Landscaping, Ohio Milieu Design, Illinois Miller Landscape, Georgia Mission Point Resort, Michigan Mohonk Mountain House, New York Molenaar Greenhouse, Pennsylvania Montauk Bake Shoppe, New York Montauk Bike Shop, New York Montauk Carriage House, New York Montauk Clothing Co., New York Montauk IGA, New York Montauk Inlet Seafood, New York Montauk Lighthouse Laundromat, New York Montauk Manor, New York Montauk Motel, New York Montauk Soundview, New York Montauk Sweatshirt Co., New York Montauk Taxi, New York Montauk Yacht Club, New York Moon Nurseries of Maryland Moon Site Management, Pennsylvania Moore Landscapes, Illinois Morin's Landscaping & Lawn Maintenance, New Hampshire Morin's Landscaping, New Hampshire Morton's Landscape Development Company, Ohio Mortellaro's Nursery, Texas Motivatit Seafoods, Louisiana Mount Washington Resort, New Hampshire Moyer Home Turf Advantage, Pennsylvania MPS LLC, Louisiana MTK Cafe, New York Murdick's Fudge, Michigan Myer Hotels, Missouri Myers Family Enterprises, North Carolina Naples Beach Hotel & Golf Club, Florida National Filter Service, Virginia Native Land Design, Texas Natorp's, Ohio Nature View Landscape, New Jersey Nature Works Landscapes, Massachusetts Naturescape, Ohio Naylor Landscape Management, Michigan NB Enterprises, Texas NCN, Inc, Washington Neave Landscaping, New York NETAJI, LLC, Georgia New Castle Hotels & Resorts Newcon Inc, North Carolina Newcrest Management, Texas The Newport Harbor Hotel & Marina, Rhode Island Newport Village Homeowners Association, Oklahoma Newton Construction, Texas This letter is signed by over 1,300 organizations and small businesses from every State in the union supporting this H-2B returning worker program. H-2B workers offer short-term help. They cannot and do not stay in the United States. More importantly, the H-2B program contains strong provisions to ensure American workers have the first right to work. Without an extension of the returning worker program, small and seasonal businesses will face significant labor shortages this year. If small businesses lose their ability to hire seasonal, nonimmigrant labor, full-time American jobs are at stake and may be lost. ____________________