Lack of work visas critical problem for Western businesses; governors urge Congress to take action promptly (4/9/08)

Lack of work visas critical problem for Western businesses;
governors urge Congress to take action promptly

FOR IMMEDIATE RELEASE 
Contact: Chris McKinnon, 303-623-9378 ext. 122
April 9, 2008

DENVER -- The lack of available work visas and related bureaucratic hurdles are creating critical problems for many businesses, and Western governors are calling on Congress to take quick action to resolve them.

Following is the text of a letter the Western Governors' Association sent to House and Senate leaders today. Signing the letter on behalf of their colleagues were Govs. Janet Napolitano (Ariz.), Jon M. Huntsman, Jr. (Utah), and Bill Ritter (Colo.).

Dear Speaker Pelosi, Minority Leader Boehner, Majority Leader Reid and Minority Leader McConnell:

The lack of availability of H-2B visas and the bureaucratic hurdles with the H-2A program have created critical problems for key western business and industry. Western Governors support the development of a comprehensive national immigration policy (see attached policy resolution) and believe that businesses and industry relying on H-2B and H-2A visas - an important, effective and legal visa program - should not be constrained by Congress's inaction on comprehensive reform.

As you know, in 2005 Congress approved a series of modest changes to the existing H-2B visa program, one of which created a returning worker exemption. This exemption removes workers who have participated in this program during the previous 3 years and abided by all its rules, from counting towards the 66,000 person H-2B visa cap. This exemption has been utilized successfully as it offered employers a legal and reliable way to hire temporary, dependable workers.

Although there were attempts to extend the returning worker exemption in October of 2007, it expired. As a result, the number of H-2B visas has dropped by nearly fifty percent this year, the H-2B visa cap for Fiscal Year 2008 is already exhausted, and many businesses have been left out.

Due to the U.S. Citizenship and Immigration Services announcement that no more H-2B visas will be available for Fiscal Year 2008, we are increasingly hopeful that Congress will redouble its efforts to advance legislation that would quickly address this issue.

The Save Our Small and Seasonal Businesses Act of 2007 (H.R. 1843) and its Senate companion bill (S. 988) would extend the returning worker exemption through FY 2012. These bills are currently pending in Congress. We further understand that H.R. 1843 is subject to a discharge petition (H. Res. 1025) to bring the bill before the full House of Representatives. We ask you to support moving this important piece of legislation to help businesses who deserve a renewal of the returning worker exemption.

We also support increasing the numerical limitation on H-1B visas to meet U.S. industry demands, particularly in the high-tech and biotech industries and streamlining the processing of H-2A visas to create a more workable system of addressing the need for foreign, seasonal agricultural workers. The provisions in the Agricultural Job Opportunities, Benefits and Security Act of 2007 were developed through a collaborative dialogue between employers and workers and it proposes meaningful change to H-2A.

Your assistance on these matters would be greatly appreciated. Thank you for your consideration of this request.

For more information about WGA's policy position on comprehensive immigration reform, visit the WGA Web site at www.westgov.org.

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The Western Governors' Association is an independent, nonprofit organization representing the governors of 19 states and three U.S.-Flag islands in the Pacific. Through their Association, the Western governors identify and address key policy and governance issues in natural resources, the environment, human services, economic development, international relations and public management.

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