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What is an H-2B Visa?
The H-2B nonimmigrant work visa provides a method for US employers and agents to obtain the services of foreign nationals to fill temporary needs for additional workers.

How long can a non-immigrant remain in the US on an H-2B visa?
The length of the stay on an H-2B visa is limited by the duration of the employer’s temporary need for additional workers. The maximum authorized period of stay is one year, and the visa may be extended for a total of three years. However, extension applications are closely scrutinized. One of the most significant restrictions on the H-2B category is the requirement that the need for the foreign worker is temporary. The Department of Labor recognizes four situations in which there is a temporary need for workers: recurring seasonal need, intermittent need, peak-load need, and need based on a one-time occurrence. Not only must the employer promise to employ the worker for a limited period of time, but the employer must verify that its need for the worker is temporary. There is no set rule for
how long a season can be, but most Labor Department offices will consider seasons of more than nine or ten months a year to actually be continuous employment and not seasonal employment.

Who is eligible to apply for an H-2B visa?
Either skilled or unskilled workers may be employed on an H-2B visa. The only workers
who are specifically excluded are 1) foreign medical graduates seeking to perform work in
medical fields and 2) agricultural workers. The visa is also often used for entertainers and
athletes who do not meet the requirements of the O and P visa categories.

How will the September 30, 2007 deadline affect my business?

In order to understand the deadline may affect your company, all you need to do is complete a very simple two step exercise. Fill in the blanks below and then read the analysis that follows each step.

STEP 1: The first step is to determine your historical "Date of Need." The Date of Need is the date that your Seasonal or Peakload Need begins.

My Date of Need for H-2B workers is: ____________

If the answer to Question 1 is February 1st or later, then it is EXTREMELY UNLIKELY that there will still be H-2B visas available for your use. The current projection for the FY 2008 H-2B cap (both First Half and Second Half) is that it will be hit on or about December 1, 2007, meaning that any visa petitions received by USCIS after December 1, 2007 date will likely be rejected.

Please note that tricky lawyers have succeeded in eliminating any benefits for summer season employers from the 33,000/33,000 H-2B split previously passed by Congress. The Cap split OFFERS no protection for later filers - all that it does is delay the availability of H-2B visas to April 1st for employers that have a Date of Need in December and January. These employers will suffer some setbacks, but at least they will receive their workers, even if they will arrive a few months late.

STEP 2: The second step is to determine how many of your current H-2B workers you want to return to work again next year (if somehow you were to gain access to them).

My total number of H-2B workers: ____________

Of these, the number of H-2B workers I want to return: ____________

Whether your visa petition is approved, it is important to understand what the absence of the Returning Worker Exemption will do to your company. If the Save Our Small and Seasonal Businesses Act of 2007 does not pass Congress, then the likelihood is that NONE of your H-2B workers will be coming back to work for you.

Remember, you would not be in the H-2B program if you could access US workers to work for you. Questions you want to ask yourself include:

Can your company absorb the loss of your H-2B workforce?
Will your administrative/front office staff be able to pick up the slack by working in unskilled, outdoor jobs next year?
Can you remain operating next year, or should you spend the winter months preparing to close your business?

What will the Save Our Small Business Act do to help?

The Bill WILL EXTEND the H-2B Returning Worker Exemption (5 year exemption in the Senate Bill, complete future exemption in the House Bill).

The Bill continues the H-2B program in its current form.

The Bill:

PROTECTS US workers;
ENHANCES US border security;
PROMOTES compliance with US law;
RESPECTS the needs of the communities served by seasonal employers.

Senator Mikulski is the lead sponsor of the Senate Bill. Representative Stupak (joined by Representatives Musgrave and Gilchrest) is the lead sponsor of the House bill.

The Senate Bill number is S. 988
The House Bill number is H.R 1843

How can I help?

Dates Set for H-2B Employers to Contact Members of Congress

The H-2B relief measure that allows previous H-2B workers to be exempt from the annual limit of the 66,000 cap imposed on the program will expire on September 30, 2007 unless it is renewed by Congress.

In order to ensure that the H-2B program remains a viable alternative for employers that cannot secure temporary workers, employers must contact Congress and inform them of the importance of the program.

To that end, two events have been organized that provide an opportunity for employers to maximize their effectiveness in emphasizing the strong support the H-2B program enjoys and the urgency of passing legislation to continue its viability.

"H-2B Week" - For employers to schedule meetings - AT HOME (August 20-24)

Employers are urged to meet with, call, and write their Senators and Representatives between August 20 and 24, while they are home from Washington, DC to urge them to support the Save Our Small and Seasonal Businesses Act of 2007. Please click here for S. 988 in the Senate and sponsors of the bill. Also, please click here for H.R. 1843 in the House of Representatives and sponsors of the bill.

It is absolutely critical that all members of Congress hear how important the H-2B program is from their constituents. Congress will recess for August and members will be available to meet in their local offices during that time.

The H-2B Workforce Coalition has designated August 20-24 as "H-2B Week" when employers throughout the country from many industries will contact their members of Congress by meeting with them, attending town hall meetings, calling, and faxing to urge them to support H-2B relief.

"H-2B Fly-in" - For employers to schedule meetings - IN DC (September 6)

A fly-in to Washington, DC has been scheduled for Thursday, September 6 to provide an opportunity for employers to meet with their Representatives and Senators and urge them to pass legislation to provide relief to the H-2B visa program.

Participants do not need to register, and must make their own flight and lodging reservations. Participants need to make their own appointments with their Representatives and Senators prior to arriving in Washington. If you need assistance in scheduling your appointments, please contact Dana LaQuay at 412-848-5510.

Like past fly-ins, the event provides employers that rely on the H-2B program an opportunity to dedicate one day to meet with members of Congress in DC, explain the importance of the H-2B program to their businesses, and urge them to support legislation critical to the program's health.

On the day of the fly-in, typically a meeting is scheduled for all participants in the morning where they are provided with information packets and hear from congressional staff and others on the status of the H-2B legislation. After the meeting, participants are encouraged to form into groups with others from their states in order to attend the scheduled meetings as a delegation.

Contacting your Senators and Representatives

Click here for contact information for your Senators www.senate.gov

Click here for contact information for your Representatives www.house.gov

Check listings in your phone book

Tips on having a conversation, fax or email with your elected officials

When you are making your appointments, make sure to indicate your name, company name and location (both home and business). Let the Congressional office know that you are a constituent and briefly explain your situation (needing support for the H-2B program). If you are unable to meet directly with your elected official, then be willing to meet with a staff person. The staff person will then relay your concerns and request for support to their boss - the Congressman.

Be honest and passionate when telling your story. The person you meet with must be made aware of how important the H-2B program is to your business, how it affects your U.S. workers, suppliers, customers and clients. You must take on the role of an educator during your meeting and help your elected official understand that their support of the extension of returning H-2B workers to not be included in the 66,000 visa cap is critical for your business to remain operational.

When writing an email or fax, your words must go directly to the point. Use your company letterhead, indicate your request for their support and make yourself available to meet at the Congressional District office or office in DC. Form letters from Associations do not carry the weight of your unique communication.

To be as effective as possible have the face to face meeting, go to town hall meetings, attend any public event a Senator or Representative is appearing at, call, fax and email. Encourage your employees, family members, suppliers and clients to join in your efforts. And don't just contact your elected officials once - do it OVER and OVER AGAIN until these bills are passed!

Your involvement in these efforts is crucial if you want to continue participating in the H-2B program. Invest the time now in obtaining the much needed support, so that your business will be viable in the future.