[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.

                          ____________________