“Fly-In” to D.C. For H-2B Reform Initiative

PLANET is encouraging members to visit the nation’s capital on March 2 for H-2B Lobby Day.

Lauren Spiers

Published February 25, 2005

Fla

Pack your bags and head to Washington – that’s what the Professional Landcare Network (PLANET) and the newly formed H-2B Workforce Coalition are asking small-business owners to do for what has been named H-2B Lobby Day, coming up on March 2. In order to bring much needed attention to the new “Save Our Small & Seasonal Businesses Act” proposed to Congress earlier this month, all users and advocates of the H-2B program are asked to form a united front on March 2, voicing their concerns, suggestions and personal experiences with their local and state representatives.

H-2B BILL DETAILS 

    Sen. Judd Gregg (R-N.H.), Sen. Barbara Mikulski (D-Md.), and 15 other senators, introduced a new bill to the Senate on Feb. 10 by PLANET and the 40-association-member H-2B Workforce Coalition. The bill, entitled “Save Our Small & Seasonal Business Act of 2005," (S.352) addresses the lack of H-2B workers and how to effect change in the program for the 2005 and 2006 seasons. A bill of the same name has been introduced to the House of Representatives (H.R. 793).

    Though PLANET notes that the new bill includes some compromises to the group's original reform plan, the current version will rpovide substantial relief from the 66,000-visa cap this season and next. If passed, the bill would:

  • Exempt workers who have participated in the H-2B program for any of the past 3 fiscal years from the 66,000 cap and direct the Department of Homeland Security to immediately resume the processing of petitions for these workers. This provision would take effect immediately and expire on Oct. 1, 2006.
  • Allow the Department of Homeland Security to impose a “fraud prevention and detection” fee of $150 for each petition filed. This section would not take effect until Oct. 1, 2005.
  • Allow the Department of Homeland Security to impose a fine of up to $10,000 per violation and prohibit the use of the H-2B program for one to five years for a “willful misrepresentation of a material fact” in a petition. This section would not take effect until Oct. 1, 2005.
  • Specifies that only 33,000 of the 66,000 workers subject to the cap can be used during the first six months of the fiscal year. This provision would be a permanent change to the program.
  • Require the Department of Homeland Security to notify Congress on a quarterly basis of the number of visas issued and the number of visas that were expired or revoked. This reporting must be in place by March 1, 2006.
  • Require the Department of Homeland Security to report annually to Congress, beginning in fiscal 2007, on the number of visas issued and expired and on the previous fiscal year’s H-2B workers’ countries of origin, occupations and wages.

"Congress will not take immediate action on this bill unless senators and congressional representatives continue to hear concerns about the issue from their constituents: You , your employees and other local businesses who use the program," PLANET notes in a news release on its Web site.

The association encourages companies to provide feedback to PLANET on their activities and any meetings or conversations that contractors have with their elected officials. For more information, contact Tom Delaney, director of government affairs for PLANET, at 866/831-1109 or by e-mail at tomdelaney@landcarenetwork.org

“For the Lobby Day, we’d like to see as many people as possible fly into Washington, D.C. and speak with their senators and representatives in order to push our new legislation through Congress,” says Tom Delaney, director of government affairs for PLANET. “Even if people aren’t able to fly in for a face-to-face meeting on March 2, in order to put a strong voice behind the Save our Small & Seasonal Businesses Act, we’re asking individuals to call the congressional switchboard in Washington, ask for their representative’s office and speak with someone about this issue on the same day.”

In an effort to bring about immediate, albeit temporary H-2B reform, the Save our Small & Seasonal Businesses Act (Senate Bill 352, House Bill 793) was introduced on Feb. 10 and, if passed, would make a number of changes to the legal-worker visa program for 2005 (see sidebar at right). PLANET and the American Nursery & Landscape Association, which worked together with other industries to make a stand for H-2B reform, hope to see the fruits of their labor right away, giving this and other industries participating in H-2B the opportunity to introduce longer-term and permanent changes to the program.

However, both groups note that effecting change is very much in the hands of the associations’ membership and companies that use – or are trying to use – H-2B. “Congress will not take immediate action on this bill unless senators and congressional representatives continue to hear concerns about the issue from their constituents: You, your employees and other local businesses who use the program,” PLANET said in a release on its Web site. Additionally, the association has sent postcards to its membership announcing March 2 as H-2B Lobby Day and encouraging everyone to participate.

“We need your help now to pass this legislation before your season is lost,” the postcard says, listing the following three steps contractors should take to make the biggest impact possible:

  1. Contact (by fax, phone, and in person) your Senators and Representative to get them to cosponsor  Senate Bill 352 and House Bill HR 793.
  2. Ask your chamber of commerce and state and local associations to contact your elected officials to get additional support for the Bills.
  3. Log on to www.SaveSmallBusiness.org  to learn more and to register for updates.

Additionally, the announcement explains, “You can call the switchboard in Washington, D.C., at 202/225-3121, and they will transfer you to your legislators’ offices. You can find their names and local office numbers in the phone book. Call them at least twice, now and on March 2 (Lobby Day), asking them to vote for the Bills.”

For contractors who plan to participate in the Lobby Day Fly-In, Delaney says participants will meet at 9 a.m. on March 2 for a briefing from one of the bill’s sponsors or staff, and meetings with members of Congress should be made beginning at 10 a.m., most likely in the Senate. PLANET will have informational packets available for constituents to bring to in-person visits. A PDF version of talking points regarding H-2B can be downloaded by clicking here or are available through the PLANET Web site.

Moreover, individuals who are able to visit the nation’s capital on Monday, March 7, may participate in a staff briefing on Capitol Hill during which Senate and House staff members will be briefed on the H-2B issue and its impact on industry and the economy. Those present may have an opportunity to meet their senators’ and representatives’ staff members personally and find out who is attending from their state. The format of the Senate and House meetings are expected to include a small-business speaker, immigration specialists and offer a labor perspective to mitigate incorrect assumptions and perceptions of how H-2B impacts American jobs.

Anyone interested in participating in the Fly-In or staff hill briefing should contact PLANET for further information by calling 800/395-2522.

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