H-2B Extension Legislation Introduced in House, Senate

Maryland democratic Senator Barbara Mikulski, with support from Sen. Judd Gregg (R-NH) and Representatives Wayne Gilchrist (R-MD), William Delahunt (R-MD), Charles Bass (R-NH) and Solomon Ortiz (D-TX), introduced legislation in the U.S. Senate and House of Representatives yesterday to extend the Save Our Small & Seasonal Businesses Act through 2009. The Act was orginially signed into law by President Bush in May 2005 as a temporary fix to the H-2B crisis in the United States. It is scheduled to expire on Sept. 31, 2006.

“I promised small businesses they could count on me to keep fighting until we had a solution and they had the seasonal workers they needed to stay in business,” Sen. Mikulski said in a press release. “My promises made are promises kept. This extension is necessary to make sure that small, seasonal businesses don’t run into the same crisis they faced last year – unable to get the workers they need to survive their season. Without these seasonal workers, many businesses could be forced to limit services, lay off permanent U.S. workers or, worse yet, close their doors.”  

ABOUT THE LEGISLATION

If passed, HR 4740 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. llow 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.

Among the changes put in place by the Save Our Small & Seasonal Businesses Act was an exemption of returning seasonal workers from counting against the 66,000-visa cap. Additionally, the cap was split into two 33,000-visa seasons to accommodate more companies with later start dates. New anti-fraud provisions also were put in place to help ensure fair allocation of H-2B visas among spring and summer employers.

The bill, HR 4740, introduced yesterday (by Mikulski in the Senate and Rep. Bass in the House) uses the same language as the current legislation, but extends it through 2009. The Professional Landcare Network (PLANET) says it is pleased with the attention that Congress has given the issue, but is hoping for more far-reaching reform in the future.

“PLANET applauds the action of Sen. Mikulski, Rep. Bass and all of the co-sponsors of this legisltion,” the organization said in a press release. “Their leadership on this issue is greatly appreciated. The H-2B program provides a vital legal source of labor for the landscape industry and other industries that can’t fill their labor needs with American citizens.”

PLANET says future legislation will at least require a higher visa cap in order to be ultimately successful, though allowing repeat workers to come back to the U.S. for work without counting against the cap has been helpful. “The exemption from the cap for repeat workers has allowed landscapers to continue to serve their communities by ensuring an adequate labor source during peak seasons even after the cap has been reached,” PLANET says. “It is essential that Congress act quickly to extend the repeat worker exemption beyond this fiscal year. The 33,000-cap for the first half of the fiscal year was reached in mid-December, and it is expected that the cap for the second half of the fiscal year will be reached before all small employers hiring for the summer can apply for the seasonal guest workers that they need.”

FIVE STEPS TO BEING HEARD IN CONGRESS

Phone, e-mail, and fax your support of this bill to your U.S. representative and your two U.S. senators. Because of the significant delays in the mail screening process, do not send your letter via regular mail. Please e-mail, and then fax your letter. After sending your letter through the PLANET Web site, print it out on your letterhead, and fax it. The fax number will appear on your letter. Personal letters are much more meaningful, so try to add some personal information on how the lack of H-2B workers impacts your business. Call your representative and two senators and ask to speak to the staff person in charge of immigration issues. Express the urgent need for Congress to pass this bill. Encourage them to co-sponsor the legislation. Write to your governor, and call his or her office and speak to the staff person in charge of immigration issues. Ask the governor to encourage the White House and Congress to address the H-2B issue. Motivate your employees to personally contact their members of Congress and senators, as well. The lack of H-2B workers impacts them, too. Talk to other employers and your suppliers in your area and motivate them to call and write to Congress. Remember one phone call or letter is not enough. We must place continued pressure on Congress to keep the momentum behind this legislation. Additionally, we will soon send you details about a coordinated lobbying day to encourage action on this legislation.

Though HR 4740 would only be another temporary fix for the H-2B program, Tom Delaney, PLANET’s director of government affairs, says the bill would help stabilize the program much longer than last time. “The last time the legislation was introduced, part of the year was already gone by the time the bill was signed into law, so employers only got a year and a few months of relief,” Delaney tells Lawn & Landscape. “This time, if Congress moves quickly on the issue, we’d be able to keep the program going for a full three years. We still feel the comprehensive reform is necessary, but even this temporary fix will be very helpful to the companies that use the H-2B program.”

Delaney notes that Sen. Mikulski’s office had prepared a version of the legislation that called for permanent reform of the H-2B program. However, because of Congress’s ongoing debate over the issue of overhauling the entire U.S. immigration system, the temporary legislation was more appealing and drew more supporters in both houses of Congress.

PLANET notes that the success of last year’s bill was based in large part on the participation of industry companies that contacted their Senators and Representatives to discuss the H-2B issue. Both PLANET and Save Small Business, an industry organization focused solely on H-2B reform, encourage green industry professionals to take the same action again this year. PLANET will be posting form letters on its Web site soon, which individuals can send directly to their legislators or customize with their own stories, experiences and insights on the issue.