WASHINGTON, DC – Congressman Bill Delahunt last week led a bipartisan, bicameral congressional coalition in introducing legislation, H.R. 793, to address the need for temporary worker visas which are essential to the region’s seasonal economy. The bill, supported by a number of key Republican colleagues, would reserve 33,000 visas (half of the 66,000 visas allowed under the cap) for employers needing workers during the summer. To address the immediate shortage, as well as potential backlogs next year, the bill would also exempt workers who have already successfully participated in the H-2B Visa Program during the past three years. Further, the legislation would require quarterly and annual reports to Congress from the Homeland Security Department, the relevant federal agency.

On January 4, the U.S. Citizenship and Immigration Services (CIS) announced that it would immediately stop accepting applications for H-2B visas because the annual statutory cap of 66,000 visas had been met. In other words, many employers who require temporary workers in the spring, summer or fall will be unable to hire such workers to meet their seasonal needs. As was the case in 2004, the arbitrary cap of 66,000 H-2B visas was hit during the first few months of the fiscal year. Cape and Islands employers are at a disadvantage because the tourist season starts later in the year.

The legislation introduced last week strengthens the already demanding requirements that employers demonstrate that these short-term, seasonal jobs cannot be filled by US workers. Under the H-2B program, employers must try to vigorously recruit US workers and then must provide substantial documentation to the Labor Department to justify the need for hiring of a temporary employee with an H-2B visa.

Since the announcement of the cap last year, Delahunt and Senator Edward Kennedy have engaged in an ongoing dialogue with Governor Romney and local business groups to identify possible solutions to the unique labor needs on the Cape and Islands. As part of this effort, Suffolk University and the Commonwealth Corporation are both researching the regional economic impact of the H-2B shortage. Rep. Delahunt stated, “Closing the door on H-2B visas creates enormous and urgent hardship for small businesses throughout the country. Congress must act this year.” Kennedy agreed, saying “For the second year in a row, we have reached the H-2B cap before Massachusetts’s summer tourism industry is eligible to apply. This bill provides an immediate solution to this problem.”

The lead Republican cosponsor in the House is Rep. Wayne Gilchrest of Maryland. Original co-sponsors of the legislation also include Charles F. Bass (R-NH), Bart Stupak (D-MI), Walter Jones (R-NC), Chris Cannon (R-UT), Chris Van Hollen (D-MD), Rob Simmons (R-CT), Earl Pomeroy (D-ND), Jeb Bradley (R-NH), and Madeline Bordallo (D-GU). Senator Kennedy, Judd Gregg of New Hampshire and Barbara Mikulski of Maryland have introduced companion legislation with the support of several Senate Republicans including Senators Susan Collins and Olympia Snowe of Maine, John Warner of Virginia, Lincoln Chaffee of Rhode Island, and his Democratic colleague Jack Reed. Among Democrats supporting the bill are Senators Carl Levin of Michigan, Mark Dayton of Minnesota, Patrick Leahy of Vermont and his Independent Vermont colleague, Jim Jeffords.

The biggest obstacle remains the many Members of Congress opposed to any serious immigration reform. The White House – responsible for the original Homeland Security Department decision – has repeatedly refused to collaborate on any administrative redress for affected small businesses.

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