I 

111TH CONGRESS 

1ST SESSION H. R. 1934 

To apply in fiscal year 2009 the exemption of returning workers from the 

numerical limitations for seasonal nonimmigrant workers in order to 

provide short-term immediate relief to small and seasonal businesses. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mr. KRATOVIL (for himself, Mr. CONAWAY, Mr. STUPAK, Mr. WITTMAN, Mr. 

DELAHUNT, and Mr. GARRETT of New Jersey) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To apply in fiscal year 2009 the exemption of returning 

workers from the numerical limitations for seasonal nonimmigrant workers in order to provide short-term immediate relief to small and seasonal businesses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Job and Sea5 sonal Business Preservation Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds as follows: 


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1 (1) The H–2B visa program provides for the 

2 temporary admission of nonimmigrant aliens to the 

3 United States to perform temporary non-agricultural 

4 work. 

5 (2) Under current law, the Department of 

6 Labor must certify, upon application by a United 

7 States employer intending to petition for the admis8 sion of nonimmigrant H–2B workers, that there are 

9 not enough able and qualified United States workers 

10 available for the position sought to be filled and that 

11 the employment of the foreign workers will not ad12 versely affect the wages and working conditions of 

13 similarly employed United States workers. 

14 (3) Under current law, a nonimmigrant H–2B 

15 worker is required to have a residence in a foreign 

16 country which the worker has no intention of aban17 doning. The worker must be coming to the United 

18 States to perform only temporary service or labor for 

19 a limited period of time. 

20 (4) The H–2B visa program is currently limited 

21 to 66,000 nonimmigrant visas per fiscal year. This 

22 number is insufficient to meet the current labor de23 mands of small and seasonal businesses, especially 

24 summer seasonal employers with needs in the second 

25 half of the fiscal year. 


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1 (5) In 2005 and 2006, the Congress passed leg2 islation exempting nonimmigrant workers who 

3 counted against the H–2B visa cap in any one of the 

4 3 previous fiscal years from being counted again 

5 against the cap. This provision expired in 2007 and 

6 small and seasonal businesses across the country are 

7 now facing a labor shortage, due to the temporary 

8 nature of these jobs, and the unavailability of United 

9 States workers who are willing or able to consider 

10 these temporary seasonal positions. 

11 (6) Our economy is in recession and last month 

12 alone the Nation lost an estimated 651,000 jobs, ac13 cording to the Bureau of Labor Statistics. Thou14 sands of full-time American jobs depend on tem15 porary seasonal positions. 

16 (7) According to a recent University of Mary17 land report, for each H–2B nonimmigrant worker in 

18 the crab industry who is denied entry due to the nu19 merical limitation on the visa category, an estimated 

20 2.5 American jobs are lost. 

21 (8) The Congress must take every step to pre22 serve American jobs, and without immediate relief 

23 many small and seasonal businesses could be forced 

24 out of business, thereby costing additional American 

25 jobs. 


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1 (9) There is broad consensus that the H–2B 

2 visa program should be comprehensively reformed. 

3 Until this occurs, however, an extension of the re4 turning worker exemptions enacted in 2005 and 

5 2006 is an appropriate interim solution. 

6 (b) PURPOSE.—The purpose of this Act is to provide 

7 small and seasonal businesses the labor force they need 

8 to survive until broader H–2B program reform can occur. 

9 SEC. 3. APPLICATION IN FISCAL YEAR 2009 OF RETURNING 

10 WORKER EXEMPTION TO H–2B NUMERICAL 

11 LIMITATION. 

12 Section 214(g)(9)(A) of the Immigration and Nation13 ality Act (8 U.S.C. 1184(g)(9)(A)) is amended— 

14 (1) by striking ‘‘2004, 2005, or 2006’’ and in15 serting ‘‘2006, 2007, or 2008’’; and 

16 (2) by striking ‘‘2007’’ and inserting ‘‘2009’’. 

Æ 


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