Circus Acts Affected by H-2B Visa Shortage

Four circuses may be grounded for the 2008 season due to a lack of H-2B visas.  The Carson and Barnes Circus, Kelley Miller Circus, Circus Chimera and Culpepper Merriweather Circus are all without performers.

In September, the law allowing circus and carnival performers to be exempted from the annual 66,000 H-2B cap expired because Congress did not renew it.  Now, all 66,000 visas for the 2008 fiscal year were already filled by America’s ski resorts and landscaping services on September 27, 2007 – a mere three days before the exemption provisions expired. 

Circuses, carnivals and other industries that hire seasonal workers have always used the H-2B program, which allows foreign workers to come into the country, work, pay their taxes and social security and then go back to their own countries after the seasonal employment is completed.

Two years ago, ski resorts, the landscaping industry and circuses across the nation petitioned Congress to do something about the inadequate number of visas available for seasonal workers. 

Congress voted to allow workers already on the H-2B visa program exemptions from re-applying each year, meaning they would not be included in the 66,000 cap, allowing those workers to come back each year.  However, the exemption was sunsetted for one year.  Congress extended it until September 30, 2007, but then failed to renew the extension.

The H-2B issue is now attached to an appropriation bill, along with many other immigration matters, that may or may not be approved by Congress.

While the big industries such as resorts, landscaping and hotels claimed most of the H-2B visas for the 2008 fiscal year, even then, they did not get enough workers for the 2008 season.  The larger circuses across the nation also captured as many H-2B spots as possible before the cap closed, but they also did not fill their need.

However, the smaller circuses such as Carson and Barnes, Kelly Miller, Culpepper Merriweather and Circus Chimera were unable to secure H-2B visas for the upcoming circus season, and will be forced to shut down unless legislation is approved to once again exempt circus performers from the H-2B visa cap.

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