Passage of H2B Visa Bill Expected by Year's End, Rep. Stupak Says
By Karen Gould

Representatives from Mackinac Island businesses testified before the Senate Commerce and Tourism Committee meeting September 11, expressing a need to make permanent the exemption language of the H2B visa program, which allows returning foreign workers to receive visas without having to be considered in the nationwide allotment. Those attending the meeting included (from left) Annie Farrell from Grand Hotel, Sam Barnwell from the Iroquois Hotel, Patti Ann Moskwa from the Yankee Rebel Tavern and Horn's Gaslight Bar, and Senator Jason Allen, chairman of the Commerce and Tourism Committee. (Photograph courtesy of Senator Allen's office)

Straits area business owners who employ seasonal workers from other countries will find their path smoothed by pending legislation that exempts returning workers from visa quota limitations. Federal legislation to keep that system in place has been vigorously sought by Straits area business owners and state legislators and is expected to be passed by the end of the year, said U.S. Congressman Bart Stupak.

Until two years ago, workers from Jamaica, Mexico, and other countries who wanted to return to seasonal jobs here found their work visas snapped up by workers going to resorts in other states, before local employers were ready to seek their return. A special clause, added to federal legislation in 2005, exempted returning workers from the nationwide visa allotment.

That clause expired this week.

For now, all foreign seasonal worker visa requests, whether for returning workers or new workers, will be considered as part of the maximum number of 66,000 available work visas.

New legislation, however, sponsored by Congressman Stupak, again would exempt returning workers from the nationwide pool, and likely will be part of the Omnibus Bill, which will be passed by legislators at the end of the year.

"I'm telling those who use the H2B visa program to apply, as before," Congressman Stupak told the Mackinac Island Town Crier, Thursday, September 27.

Many motels and restaurants in northern Michigan employ foreign workers to meet the surge in tourist traffic in the summers.

Grand Hotel General Manager John Hulett said the hotel tries to hire more Americans each year

by attending job fairs, visiting colleges, placing the hotel's job application on-line, recruiting at culinary institutes, and advertising in magazines.

"I don't think we can do anything more," he said. "We're doing the very best we can in that arena."

The hotel also hires European students, although they work under three-month to fourmonth visas. The students help fill in some staffing gaps, he said, but they don't meet all of the hotel's need.

"We rely heavily on the H2B program," he said.

The nationwide 66,000 visa allotment has been reached in the last few years, even with the returning worker exemption in place. The allotment is divided in half, allowing 33,000 workers for winter businesses and 33,000 workers for summer businesses. Under the law, a business is not allowed to apply for worker visas sooner than 120 days before it opens for the season. Before the temporary clause exempting returning workers for the nationwide cap of 66,000 was enacted in 2005, the allotment of visas was used up by the time Straits area businesses were allowed to apply.

A hearing in the House of Representatives to discuss the proposed law is set for the first week of October, said Congressman Stupak, sponsor of legislation HR 1843, which is called, "Save Our Small and Seasonal Businesses Act of 2007."

Unfortunately, the bill, which addresses legal immigration, often got confused with illegal immigration issues, he said. That confusion has slowed the progress of the proposed legislation. Also, President George W. Bush wanted to see a total immigration bill, and HR 1843 got "caught up in politics," said Congressman Stupak. On April 20, HR 1843 was referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, where it remained.

As written, HR 1843 would continue exempting returning workers allowed into this country under the H2B visa program. Specifically, if a seasonal worker has worked one of three fiscal years immediately preceding the worker's application for the H2B visa, that worker would not be counted as part of the 66,000 allocated visas.

Congressman Stupak now expects the bill to pass in the House by late October.

"The support is there to pass it in the House of Representatives. It will take some hard work," he said, "but it will get done."

While the proposed bill would make the returning worker exemption permanent, Congressman Stupak said, he anticipates it will be modified to be effective for only five years.

"I still want to do permanent legislation," he said, "but it's five years, and that's better than nothing."

On the local level, Mackinac Island business owners have traveled to Washington, D.C., to urge the Michigan congressional delegation to garner support of lawmakers to pass the proposed resolution. On September 12, they traveled to Lansing to convey their need for a change in the federal H2B visa law.

On the state level, Senate Resolution 96 was drafted and passed the by the full Senate September 18. The resolution, said Senator Jason Allen of Traverse City, serves as a means of communication to federal lawmakers that Michigan's elected officials support businesses' need for the H2B program and the passage of HR 1843.

Senator Allen serves as chair of the Senate Commerce and Tourism Committee that drafted the resolution. Also serving on the committee are Jud Gilbert of Algonac, Tony Stamas of Midland, Hansen Clarke of Detroit, and Tupac Hunter of Detroit.

Copies of the resolution were transmitted to the President, Senate, the Speaker of the U.S. House of Representatives, and the Michigan congressional delegation.

"While the Michigan Legislature does not have any jurisdiction over the federal visa program, we think it is our responsibility to communicate with elected federal leaders that the sense of the Michigan Senate and House of Representatives is to support the business leaders who need the H2B program to help find needed employees," said Senator Allen. "Tourism is the lifeblood of the Northern Michigan economy, and we need to support the resort and restaurant owners who rely upon the seasonal workers to provide the hospitality that visitors to Mackinac Island and the Straits area expect."