"The discussion over extending H2B visas is inherently linked to our nation's greater immigration debate, and it must be resolved within that context," said Rep. Joe Baca, the California Democrat who chairs the caucus. "We look forward to working with the business community and others to promote real immigration reform - inclusive of enforcement, legalization, and new worker programs."
That puts the caucus at odds with lawmakers who represent the seasonal businesses that have relied on H2B workers - ski slopes in the Rocky Mountains and shrimp processing plants on the Gulf Coast, golf courses in California and summer resorts in Maine. In this election year, Congress is unlikely to take another stab at the divisive immigration issue.
Jack Brooks is frustrated.
"This is not immigration," says Brooks, who owns the J.M. Clayton Seafood Co. with two brothers and a son. "These people come work for us every year; they're not immigrants. They just come, and they work and go home. ... What's the message here? That you can close or you can hire illegals?"
Democratic House Speaker Nancy Pelosi has directed both sides to come to an agreement. But talks collapsed earlier this month, and aides say the sides remain far apart. More than 90 members of Congress from both parties wrote President Bush this year to ask that he raise the visa quota with an executive order. Business owners staged a "fly-in" at the Capitol this month to lobby lawmakers.
In the meantime, the clock is ticking.
"Whatever we need to do, we need to do by May 1," Mikulski said. The Maryland Democrat said she had had "very constructive conversations with people in the House."
"It is not dead," she said.
Brooks, whose family has owned the J.M. Clayton Seafood Co. for 118 years, was able to secure visas this year for the Mexican workers he hires to extract crab meat. But they aren't allowed to start until April 1; if the returning-workers exemption were still in effect, returning employees could have been working by now.
Brooks has turned shipments of crabs away. Nonetheless, he counts himself fortunate.
"There are several in our group who beat the cap, but unfortunately, not everybody did," Brooks said. "Those folks, you know, they're not in very good shape right now."
Employers may not apply for visas until 120 days before they need the workers. That's how Phillips Seafood Restaurants missed out. By the time the government had processed the paperwork, the quota was full.
