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For Immediate Release Contact: Andy Deloney
October 4, 2007
517/377-3931

National, Michigan Restaurant Associations Push For Reform as H-2B Visa Cap is Reached Early
H-2B Temporary Visas Provide Needed Labor Source to Seasonal Businesses

The National Restaurant Association and the Michigan Restaurant Association reacted today to the announcement from the U.S. Citizenship and Immigration Services (USCIS) that the H-2B temporary visa cap of 33,000 has already been reached for the first half of fiscal year 2008.  

“Employers rely on H-2B temporary visas for short-term help in situations where U.S. workers are not available,” said John Gay, senior vice president of Government Affairs and Public Policy for the National Restaurant Association. “By hitting the cap so quickly, many employers will be prohibited from applying for needed seasonal workers.  It is now more important than ever that Congress pass legislation making the H-2B returning worker exemption permanent, or at the very least providing an extension of the provision.”

The returning worker exemption allows an H-2B visa employee who has worked in the U.S. during any one of the previous three years to return on an H-2B visa without counting against the annual visa cap.  Approximately 50,000 H-2B workers were returning workers last year. Without an extension of the returning worker exemption, seasonal employers will not be able to hire H-2B visa workers until the beginning of the second half of the fiscal year on April 1, 2008. 

“Making the returning worker exemption permanent is critical to countless Michigan small businesses, particularly in the tourism industry,” said Rob Gifford, president and CEO of the Michigan Restaurant Association.  “Without an extension, hundreds of small restaurant, hotel, motel and other hospitality businesses will be without the necessary staffing they need in order to fully operate.”

U.S. Sens. Barbara Mikulski (D-MD) and John Warner (R-VA) have introduced S. 988, bipartisan legislation to provide a 5 year extension of the Save Our Small and Seasonal Businesses Act. U.S. Reps. Bart Stupak (D-MI), Marilyn Musgrave (R-CO) and Wayne Gilchrest (R-MD) have introduced H.R. 1843 in the House that would make the exemption permanent.  

To show their support, state Sen. Jason Allen (R-Traverse City) and state Rep. Gary McDowell (D-Rudyard) have introduced resolutions in Lansing calling on the Congress to pass this legislation.  Both gentlemen were able to convince the state Senate and the House to pass their resolutions.



Founded in 1921, the Michigan Restaurant Association represents more than 4,500 Michigan foodservice establishments.  The foodservice industry plays an integral role in Michigan’s economy, employing more than 436,000 people and creating more than $11.3 billion in total annual sales. For more information, call (517) 482-5244.


Copyright 2010 by Michigan Restaurant Association 800-968-9668

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