WASHINGTON, D.C. – U.S. Senators Angus King (I-Maine) and Thom Tillis (R-N.C.) have introduced the Save our Small and Seasonal Businesses Act of 2017, bipartisan legislation that makes substantive reforms aimed to help seasonal employers better navigate the H-2B temporary non-agricultural visa program. The bill is also cosponsored by Senators Susan Collins (R-Maine), John Cornyn (R-Texas), Lisa Murkowski (R-Alaska), Mike Rounds (R-S.D.), and John Thune (R-S.D.).

The H-2B program is vital to small and seasonal employers across the country who depend on temporary workers to sustain their businesses and supplement their existing American workforce. This bipartisan legislation would streamline the program to eliminate ambiguities and establish clear parameters for employers hiring H-2B workers, require increased coordination between federal agencies, and bring transparency to the program operations for greater efficiency while ensuring American workers are not displaced.

The Small and Seasonal Businesses Act would also increase certainty for businesses, allowing seasonal employers to better prepare for fluctuations in demand. The legislation includes a “returning worker exemption” provision, which allows workers who have previously worked in the U.S. through the H-2B visa program to not count against the visa cap. There was no returning worker exemption in FY2017, which has caused hardship for seasonal small businesses that were not able to fill their workforce demands.

“Small businesses across Maine often rely on seasonal workers to help them operate, especially during the busy summer months. But today, bureaucratic failures within the H-2B program are standing in the way of our businesses succeeding or even keeping their doors open. If this is not fixed, it could have very serious consequences for Maine’s economy,” Senator King said. “Our legislation will help ensure that employers across Maine and the nation will be able to hire the workers they need to stay in business and continue contributing to the local economy, while also maintaining important protections that put the American workforce first.”

“Across North Carolina and the country, seasonal employers have been unfairly facing bureaucratic barriers through the H-2B program, to the point where they are not even sure if they can continue to stay in business,” said Senator Tillis. “This bipartisan legislation will not only help alleviate the stress and frustrations our business owners face within the H-2B program, but will continue to place a priority on both the American workforce and our local economies.”

“Last year, Maine welcomed nearly 36 million visitors who had a combined economic impact of approximately $9 billion, and those numbers are continuing to grow. Many Maine small businesses, particularly in the tourism and hospitality industries, rely on seasonal workers to supplement local employees during peak seasons and keep up with this increasing demand,” said Senator Collins. “By streamlining the application process and codifying the returning worker exemption, which has been vital to Maine’s seasonal businesses, our legislation will help protect American workers and allow Maine’s small businesses to thrive.”

The Maine Innkeepers Association endorsed the bill:

“Senator King, by introducing this bill, and Senator Collins, by cosponsoring it, have once again stepped up to aid Maine’s hospitality businesses,” said Greg Dugal, Director of Government Affairs for the Maine Innkeepers Association said. “In towns like Ogunquit,  where the year round population is just over 1,000 people, our member businesses couldn’t operate to serve the tens of thousands of visitors each year without utilizing these valuable experienced workers. Senators King and Collins have always been valued allies of the restaurant and lodging industry in Maine and we are grateful for their support of this critical legislation.”

Senators King and Collins had also previously signed a letter calling on the Department of Homeland Security to conduct an audit to determine the number of unused visas during the first half of the fiscal year and also requested that any unused visas be provided to eligible businesses that have been unable to secure an adequate number of workers due to the cap.

Important Facts About The H-2B Visa Program

• H-2B workers support American jobs and small businesses. Every H-2B worker creates or sustains 4.64 American jobs on average according to a study conducted by the American Enterprise Institute.
• As required by law, employers must first make a concerted effort to hire American workers to fill open positions. H-2B visas fill needs for American small businesses when there are not enough able and willing American workers to fill the temporary, seasonal positions.
• The claim that the H-2B program represses wages for American workers is a myth. In fact, employers often have to spend more money to hire temporary H-2B workers, who are paid a prevailing wage that is set by the U.S. Department of Labor.

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