President Signs Defense Authorization, Enacting H-2B Relief

On 10/17/06, President Bush signed the National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122) into law. Section 1074 of the bill includes a one year extension of the returning worker exemption to the H-2B visa cap. H.R. 5122 provides for the extension to take effect beginning October 1, 2006.

Section 1074 reads as follows:

SEC. 1074. EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL LIMITATION.

(a) In General- Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)) is amended--

(1) by amending the first sentence of subparagraph (A) to read as follows: `Subject to subparagraphs (B) and (C), an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007.'; and

(2) in subparagraph (B), by striking `referred to in subparagraph (A)' and inserting `to admit or otherwise provide status under section 101(a)(15)(H)(ii)(b)'. (b) Deletion of Prior Sunset Provision- Section 402(b)(1) of the Save Our Small and Seasonal Businesses Act of 2005 (title IV of division B of Public Law 109-13; 119 Stat. 318; 8 U.S.C. 1184 note) is amended by striking `2004,' and all that follows through the period at the end and inserting `2004.'.

(c) Effective Date- The amendments made by this section shall take effect on October 1, 2006. If this section is enacted after October 1, 2006, the amendments made by this section shall take effect as if enacted on such date.