<font color=blue>INDUSTRY BUZZ</font> The First Step to an H-2B Fix is You

We all need to strongly support the permanent extension of the H-2B guest worker program and vigorously oppose legislative actions to limit or eliminate it, says Tom Delaney of PLANET.

The H-2B guest worker program is a fundamental source for obtaining labor for our industry. It is the most reliable source of documented, seasonal, visa-holding non-immigrant workers who fit our labor needs. We all need to strongly support the permanent extension of the H-2B guest worker program and vigorously oppose legislative actions to limit or eliminate it.

ABOUT INDUSTRY BUZZ

    Each week, our industry experts will tackle one of four topics - Business, Legislation, Water Use and Noise & Air Pollution - and discuss how those issues can impact you as a green industry professional.

    This week, Tom Delaney of the Professional Landcare Network discusses the need to push for a permanent H-2B fix. Be sure to share your thoughts on the Lawn & Landscape Message Board. Let's get the buzz going!

Senators Barbara Mikulski (D-Md.) and John Warner (R-Va.) are planning to introduce legislation to make the H-2B repeat worker extension permanent either the week of Feb. 12 or 19. The legislation would also contain a wording fix for the interpretation by United States Citizenship and Immigration Services that the previous H-2B bills would require a returning worker to not be counted as a returning worker but as a new worker after three consecutive years of not being counted under the cap. This will require that more than a word or two changes, as was done in last year’s bill.
 
The second part of this fiscal year’s cap of 33,000 has already reached 24,396 on Jan. 24, 2007. The cap will surely be reached soon, which will bring some additional attention to our effort.

To exasperate the problems this year, normal H-2B application process has become more time-consuming, complex and more expensive for both employers and agents alike. The first major challenge this year was meeting U.S. Department of Labor demands for new, and unclear, verification with materials like contracts proving the seasonality of the labor need sought by the labor certification application. 

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Tom Delaney

Another problem to slow the process happened at the US Consulate in Monterrey, Mexico. They informed agents, along with the entire H-2B user community, that it has discontinued accepting applications for H-2 visas for the foreseeable future, effective immediately. The U.S. Consulate/Monterrey issues nearly 80 percent of the international volume of H-2 visas – in excess of 100,000 annually. The reasons for the shutdown are unclear, but the effect can slow down H-2 visa issuances by several months.

Our job on Feb. 13 is to get commitment from Senators and House members to support and cosponsor this year’s legislation and get them to tell the State Department to put sufficient staff in place to avert the crisis. This is best done in person but can be done phone or by a faxed letter.

Anyone interested in participating in the Fly-In who requires more information should contact Tom Delaney at PLANET by calling 800/395-2522 or 770/925-7113, or e-mailing him at tomdelaney@landcarenetwork.org