MEMORANDUM

To:     AHC Member Organizations

From:  American Horse Council

Re:     Senate Adds H-2B Relief to Commerce, Justice, Science Appropriations Bill

Date:   October 17, 2007

Yesterday the Senate passed the fiscal year 2008 Commerce, Justice, Science (CJS) appropriations bill by a vote of 75 to 19.  That bill included the Save Our Small and Seasonal Business Act, introduced by Senators Barbara Mikulski (D-MD) and John Warner (R-VA). 

The provision was included in the CJS appropriations bill by an amendment offered by Senator Mikulski during Senate consideration.  The provision would ease the problems caused by the enforcement of the 66,000 cap on H-2B visas for the next year by exempting from the cap any worker who has received a visa under the H-2B program in the three previous years.  Many alien workers return to their previous employment each year and under this provision these workers would not be affected by the cap.  The provision is a one-year extension of the “returning worker” exemption through September 30, 2008. 

The horse industry uses the H-2B program to bring semi-skilled workers into the U.S. for non-agricultural jobs.  Many trainers, training facilities, horse shows and other service providers in the industry rely on these workers to fill jobs American won’t do.

Although the Senate bill includes language extending the “returning worker” provision, the House version of the CJS appropriations bill does not.  The bill will now go to a conference between the House and Senate to iron out the various differences between the two versions of the bill. 

This legislative became necessary after the U.S. Citizenship and Immigration Services announced two-years ago that it was going to begin enforcing the cap of 66,000 on H-2B workers.  This meant that alien workers in many industries, including some in the horse industry, could not be issued H-2B visas.  The “returning worker” exemption is not a permanent provision and has had to be extended each year.  It had expired September 30, 2007.   Senator Mikulski has pledged to continue to work keep this provision in the bill during conference and to make the provision permanent as part of any comprehensive immigration reform legislation considered.

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