| H-2B TEMPORARY WORKERS FIRST CAP FOR 2006 IS NEAR | |
The Professional Landcare Network (PLANET) advises employers relying on the seasonal guest-worker program that their access to this legal source of temporary workers is close to being severely limited for the first half of fiscal year 2006, which starts Nov. 1, 2005. Presently, more than 28,000 of the 33,000 visas available in the first half of the fiscal year for workers new to the program are either pending or already authorized. Therefore, it is evident that employers will once again be negatively impacted by the statutory cap. If you have received certification from the U.S. Department of Labor, it is suggested that you or your agent next-day deliver your Form I-129 to the Department of Homeland Security. The H-2B Workers Coalition and PLANET (a member of the coalition) met with U.S. Senatorial staffers and with agency officials from all three of the departments involved in the H-2B program. The Department of Homeland Security officials clarified that employer petitions filed after the exhaustion of the cap for the first half of the fiscal year will be returned. It was understood, however, that if an employer's need for workers extends into the second half of the fiscal year, the employer may resubmit a petition on Dec. 1 with a requested start date of April 1, 2006, since the certification from the U.S. Department of Labor is good for one year. The remaining 33,000 worker visas will be made available and new H-2B workers allowed into the country on April 1. Tom Delaney, director of government affairs for PLANET, points out, "Unlike prior years, once the cap for the first half of 2006 is reached, employers will have the option to get the workers they need by using returning workers." A returning worker is one that participated in the H-2B program in one of the last three fiscal years. Employers will still be able to file petitions for these returning H-2B workers in accordance with the Save Our Small and Seasonal Businesses Act of 2005, which was enacted earlier this year. These exempted workers will be allowed to enter the country and work in temporary jobs that American workers do not fill prior to the reopening of the program in April 2006. PLANET is working with the coalition and its lobbyist, D.C. Legislative & Regulatory Services (DCLRS), for another legislative solution in preparation for the October 2007 date, when the returning workers exemption is discontinued. For more information about the H-2B cap, please contact the PLANET office at (800) 395-2522 or visit landcarenetwork.org. |
When H-2B legislation was signed into law by President Bush in May, many lawn and landscape contractors breathed a sigh of relief – albeit a small one. Despite months and years of hard work getting workable legislation through Congress to the President’s desk, organizations like Save Small Business are getting another effort underway for more permanent help for the strained H-2B program.
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The Save our Small & Seasonal Businesses Act of 2005, enacted on May 12, gives employers access to what’s been described as a “foreign labor safety net,” even if the 66,000-worker cap on the H-2B program is reached in January 2005. Under the bill, any worker who has had an H-2B visa in one of the last three years will be exempt from the H-2B cap for the upcoming round of filings. However, the legislation only applies through fiscal year 2006, making it a temporary fix. Industry professionals and supporters of the H-2B program say immediate and permanent changes are needed in order for many small businesses to survive.
“It’s time for all of us to renew our efforts of ensuring that our businesses will be able to obtain the services of seasonal workers once the Save Our Small & Seasonal Businesses Act of 2005 expires on Sept. 30, 2006,” notes Hank Lavery of grassroots organization Save Small Business in a letter to interested parties. “Each of us knows what our bill did this year for companies throughout the United States – it literally saved hundreds of businesses from financial ruin. More than this, it spared communities across America from the pain that would have resulted from a reduction in the services that we provide.”
Lavery notes that while there are several immigration-related initiatives currently before Congress, it’s necessary for supporters of the H-2B program to “get back into the mix” by making their own voices and ideas heard. While all green industry professionals are encouraged to contact their state’s representatives and senators individually, Lavery also encourages strength in numbers through participation in organizations like Save Small Business, or efforts that may be organized through state or national industry associations.
With the legislative clock ticking on immigration reform, Lavery encourages anyone interested to contact him with ideas on how to make a legislative difference in the coming months. E-mails of any length can be sent to hlavery@centurypool.com. Lavery requests special focus on the following two topics:
1. Is the H-2B issue important to you and your business? How?
2. Do you feel that the Save Small Business organization should continue?
Visit www.savesmallbusiness.org for more information.