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 non-
immigrant workers in order to provide short-term imme-
diate relief to small and seasonal businesses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Job and Sea-
sonal Business Preservation Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds as follows: 
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(1) The H–2B visa program provides for the 
temporary admission of nonimmigrant aliens to the 
United States to perform temporary non-agricultural 
work. 
(2) Under current law, the Department of 
Labor must certify, upon application by a United 
States employer intending to petition for the admis-
sion of nonimmigrant H–2B workers, that there are 
not enough able and qualified United States workers 
available for the position sought to be filled and that 
the employment of the foreign workers will not ad-
versely affect the wages and working conditions of 
similarly employed United States workers. 
(3) Under current law, a nonimmigrant H–2B 
worker is required to have a residence in a foreign 
country which the worker has no intention of aban-
doning. The worker must be coming to the United 
States to perform only temporary service or labor for 
a limited period of time. 
(4) The H–2B visa program is currently limited 
to 66,000 nonimmigrant visas per fiscal year. This 
number is insufficient to meet the current labor de-
mands of small and seasonal businesses, especially 
summer seasonal employers with needs in the second 
half of the fiscal year. 
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(5) In 2005 and 2006, the Congress passed leg-
islation exempting nonimmigrant workers who 
counted against the H–2B visa cap in any one of the 
3 previous fiscal years from being counted again 
against the cap. This provision expired in 2007 and 
small and seasonal businesses across the country are 
now facing a labor shortage, due to the temporary 
nature of these jobs, and the unavailability of United 
States workers who are willing or able to consider 
these temporary seasonal positions. 
(6) Our economy is in recession and last month 
alone the Nation lost an estimated 651,000 jobs, ac-
cording to the Bureau of Labor Statistics. Thou-
sands of full-time American jobs depend on tem-
porary seasonal positions. 
(7) According to a recent University of Mary-
land report, for each H–2B nonimmigrant worker in 
the crab industry who is denied entry due to the nu-
merical limitation on the visa category, an estimated 
2.5 American jobs are lost. 
(8) The Congress must take every step to pre-
serve American jobs, and without immediate relief 
many small and seasonal businesses could be forced 
out of business, thereby costing additional American 
jobs. 
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(9) There is broad consensus that the H–2B 
visa program should be comprehensively reformed. 
Until this occurs, however, an extension of the re-
turning worker exemptions enacted in 2005 and 
2006 is an appropriate interim solution. 
(b) PURPOSE.—The purpose of this Act is to provide 
small and seasonal businesses the labor force they need 
to survive until broader H–2B program reform can occur. 
SEC. 3. APPLICATION IN FISCAL YEAR 2009 OF RETURNING 
WORKER EXEMPTION TO H–2B NUMERICAL 
LIMITATION. 
Section 214(g)(9)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(g)(9)(A)) is amended— 
(1) by striking ‘‘2004, 2005, or 2006’’ and in-
serting ‘‘2006, 2007, or 2008’’; and 
(2) by striking ‘‘2007’’ and inserting ‘‘2009’’. 
Æ 
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