<font color=blue>INDUSTRY BUZZ</font> Next Steps for H-2B Relief

As you know, the H-2B program returning-worker exemption expires on Sept. 30. We need to continue to pressure Congress to extend this exemption so landscape contractors can continue to have access to the workers they need. Our activities must continue until an extension of the “Save Our Small and Seasonal Businesses Act” is signed into law (S. 988, H.R. 1843). If Sept. 30 passes without Congressional action, we need to put even more pressure on our legislators to act.

In the past the exemption was made retroactive because it was not signed into law before the end of the fiscal year. We may face the same scenario this year unless Congress is compelled to act in the next 10 days. On Aug. 2, 2007, the U.S. Citizenship and Immigration Services (USCIS) urged employers to designate returning workers on their petitions for fiscal 2008, so that it can implement the returning-worker exemption whenever it is passed.

Unfortunately, labor union members are beginning to contact Congress and ask for additional labor protections to be included in any extension of the H-2B returning-worker exemption. Senator Sanders (I-VT) plans to introduce legislation this week that would impose burdensome labor requirements on the H-2B program, including greatly expanding the recruitment process, requiring H-2B workers be paid more than the prevailing wage, imposing Davis-Bacon labor protections for H-2B workers, and allowing the Legal Services Corporation to represent H-2B workers in litigation against employers. This legislation only highlights the need to continue to contact Congress and stress the importance of the H-2B program on your business and our industry.

If you have not already sent letters to your senators and member of Congress, please do so now. And if you have, that is not enough — we have to do more!

PLEASE CALL YOUR ELECTED OFFICIALS. Ask to speak to the staff person who handles immigration issues and tell them that Congress needs to extend the H-2B returning-worker exemption right away. Explain all of the challenges you face trying to recruit workers and the importance of the H-2B workers to your business. Tell them how your business will suffer if you are not able to hire H-2B workers during the spring. Explain the impact of these seasonal workers on your ability to retain year-round, American employees.

After contacting your elected officials, ask your employees, suppliers, and customers to send letters.

Make an appointment to visit with your senators and member of Congress in their district offices or try to speak to them at community events. Bring your employees, suppliers, and other local H-2B users to these visits.

Finally, visit PLANET’s online toolkit for valuable resources and a legislator kit to take on your visit. Below is a checklist of activities that all H-2B users should undertake to help get legislation signed into law quickly.

H-2B Advocacy Checklist 

• Send letters to your senators and member of Congress.
• Call your senators and member of Congress at 202/225-3121 and tell them why the H-2B returning-worker exemption is essential to your business.
• Visit with your elected officials at local events or in their district offices.
• Bring other area employers, your employees, and your suppliers.
• Encourage your employees and suppliers to write and call their senators and member of Congress.
• Send a letter to the editor of your local newspaper highlighting the importance of the H-2B program to your business and your community.
• Contact other users of the H-2B program in your state (ask PLANET for a list) and ask them to do the same things. This year, it will take extra effort on your part to get cosponsors of the legislation and to get it passed.
  All of the materials you need to do everything on this checklist can be found in the PLANET H-2B toolkit.