We received the following urgent call to action this morning from the H-2B Workforce Coalition:

The H-2B provisions in the omnibus appropriations bill are drawing the fire of anti- immigration groups, especially the returning worker exemption. Senator Sessions (R-AL), Rep. King (R-IA) and others have been speaking against the H-2B program on the Senate and House floors and in the media. Rep. King offered an amendment to strip the H-2B provisions from the bill. Luckily, under the rules set for debating the bill, he will not be able to offer the amendment. Please call your two Senators and Member of Congress today and express support for the H-2B provisions in the appropriations bill.  You can reach them through the Capitol switchboard at 202-225-3121. [Contact info for Colorado representatives can be found here .]

Please see below a positive statement that was released from House Majority Whip Scalise and well as links to the various press stories.

We need your help ASAP!

Thanks.

Laurie, Brian and Gregg

(Courtesy of the Judiciary Committee)

 H2B Returning Worker Provision in the Omnibus

The H2B program is a program that allows U.S. employers to recruit foreign workers when there are not sufficient American workers to fill job vacancies for temporary and seasonal positions.  Such vacancies often occur in industries such as seafood processing, forestry, and others.  Employers seeking to use the H2B program are the ones who are trying to play by the rules and hire legal workers.  Unfortunately, these employers must compete in a market where far too often their competitors are all too willing to hire undocumented workers at lower rates.

Many small and seasonal businesses rely on the H2B program to supplement their U.S. workforce.  In fact, without this program, many would be forced to shut their doors or curtail their seasons.  That would imperil the jobs of all their American workers.

In 2015, the demand for H2B workers exceeded the supply and the annual H2B cap of 66,000 was hit.  This left many employers short-staffed.  In addition, many H2B employers ask the same individuals to return to work for them each year, and when the cap was hit, some of these employers lost H2B employees they have relied on for years.  Demand is expected to exceed the cap yet again in 2016, and predictions are that the situation will be even worse in 2016.

Given the current and projected H2B worker shortage, the omnibus contains a provision that Congress also passed a number of years ago, commonly referred to as the "returning worker" exemption. Rather than raising the cap for H2B workers, this provision focuses on the workers that employers are most dependent upon – those who are so reliable that they are brought back year after year. The provision simply provides that if an H2B worker has been counted against the cap in one of the three prior years, that worker can return to work in the H2B program in the current year without being counted against this year's cap. This provision is a narrow, targeted solution to the workforce crisis faced by many of our small and seasonal businesses.

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