Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - July 21, 2005)

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By Ms. COLLINS (for herself and Mr. LIEBERMAN):

S. 1443. A bill to permit athletes to receive nonimmigrant alien status under certain conditions, and for other purposes; to the Committee on the Judiciary.

Ms. COLLINS. Mr. President, I rise today to once again introduce legislation that will address the challenges facing many promising, talented young athletes from other countries who wish to play for sports teams in the United States. Due to the shortage of H-2B nonimmigrant visas for temporary or seasonal nonagricultural foreign workers both this year and last, many American teams who rely on these visas to recruit new talent from abroad have been unable to bring some of their most talented prospects to the United States. This bill would provide a commonsense solution to this problem.

Across the United States, the H-2B visa shortage has been a significant concern to many in a wide variety of industries, including hospitality, forest products, fisheries, and landscaping, to name a few. While we recently were successful in crafting a temporary, 2-year fix for the H-2B shortage, there is more still to be done. We must continue to seek permanent solutions to this problem, and to find practical ways to reduce the demand on this visa category. While there are a number of factors contributing to this high demand, among these is the extremely diverse, ``catch-all'' nature of this visa classification.

What many people do not know is that, in addition to loggers, hotel and restaurant employees, fisheries workers, landscapers, and many other types of seasonal workers, the H-2B visa category is also used by many talented, highly competitive foreign athletes. Specifically, minor league athletes--unlike their counterparts at Major League franchises--are lumped into this same oversubscribed visa category, despite the obvious differences in the nature of the work they perform. The recent H-2B visa shortage has therefore meant that hundreds of promising athletes have been unable to come to the United States to play for minor league and amateur sports teams across the Nation. Not only have many teams been unable to bring some of their most talented prospects to the United States, but this visa shortage has also compromised a traditional source of talent for Major League sports teams. In addition, some very talented ice skaters who have earned roles in a number of popular theatrical productions, such as Disney on Ice, have faced difficulties in coming to the United States.

In my home State of Maine, for example, the Lewiston MAINEiacs, a Canadian junior hockey league team, faced tremendous difficulties last year obtaining the H-2B visas necessary for the majority of its players to remain in the United States to play in the team's first home games in September. These young athletes are among Canada's most talented junior players, but the shortage of H-2B visas threatened their chances of improve their skills with the MAINEiacs and, possibly, graduate to a career in professional hockey. This year, due to uncertainty about the availability of H-2B visas at the end of the fiscal year, the team has had to schedule a later season home opener. It must also attempt to schedule make-up games for the home games that the team would normally play in September. This creates a hardship on the team and its venue, and could mean fewer home games and a loss of revenue for businesses in the surrounding area. I have received a letter from the MAINEiacs, expressing the teams's support for this legislation. I ask unanimous consent that this letter be printed in the RECORD.

The Portland Sea Dogs, a Double-A level baseball team affiliated with the Boston Red Sox, is another of the many teams that relies on H-2B visas to bring some of its most skilled players to the United States. Thousands of fans come out each year to see this team, and others like it across the country, play one of America's favorite sports. Due to the shortage of H-2B visas, however, Major League Baseball reports that more than 350 talented young, foreign baseball players were prevented from coming to the U.S. last year and early this year to play for Minor League teams, a traditional proving ground for athletes hoping to make it to the Major Leagues. The experience gained in the Minor Leagues is crucial to the development of the best Major League players.

The inclusion of these athletes in the H-2B visa category seems particularly unusual when you consider that Major League athletes are permitted to use an entirely different nonimmigrant visa category: the P-1 visa. This visa is used by athletes who are deemed by the U.S. Citizenship and Immigration Services, CIS, to perform at an ``internationally recognized level of performance.'' Arguably, any foreign athlete whose achievements have earned him a contract with an American team would meet this definition. However, CIS has interpreted this category to exclude minor and amateur league athletes. Instead, the P-1 visa is typically reserved for only those athletes who have already been promoted to Major League sports. Unfortunately, this creates something of a catch-22: if an H-2B visa shortage means that promising athletes are unable to hone their skills, and to prove themselves, in the Minor Leagues, then they are far less likely to ever earn a Major League contract.

A simple solution would be to expand the P-1 visa category to include minor league athletes and certain amateur-level athletes who have demonstrated a significant likelihood of graduating to the major leagues. I have received a letter from officials from Major League Baseball, which continues to strongly support the expansion of the P-1 visa category to include professional Minor League baseball players. I would ask unanimous consent that this letter be printed in the RECORD. As the League points out, by making P-1 visas available to this group of athletes, teams would be able to make player development decisions based on the talent of its players, without being constrained by visa quotas. The P-1 category, the League argues, is appropriate for Minor League players because these are the players that the Major League Clubs have selected as some of the best baseball prospects in the world.

There is no question that Americans are passionate about sports. We have high expectations for our teams, and demand only the best from our athletes. By expanding the P-1 visa category, we will make it possible for athletes to be selected based on talent and skill, rather than nationality. In addition, we would reduce some pressure on the H-2B visa category so that more of those visas can be used where they are really needed.

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