ANLA Update: Help Save the H-2B Program
Nov
9
Written by:
11/9/2011
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Help Save the H-2B Program
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Take Action!
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As you know, two pending Department of Labor (DOL) regulations will make the H-2B program virtually unusable. Several Senators and Members of Congress are aware of the harm that the rules will pose for small businesses and plan to send a letter to DOL asking the Department to rescind both the final H-2B wage rule and the March 18 H-2B proposed rule! Please call your Senators and Member of Congress today and ask them to sign the below letter that is being circulated by Rep. Rob Wittman (R-VA).
This letter to DOL is bipartisan and bicameral. You can reach your Senators and Members of Congress by calling the Capitol switch board at 202-225-3121. Ask for your Senator or Representative's office. Once connected to the office ask to speak to the staff person in charge on immigration issues. Explain the importance of the H-2B program to your industry or your business. Please ask that the Senator or Representative sign the letter. Our Congressional allies plan to send this letter to DOL right after Labor Day.
Background:
A final DOL rule slated to go into effect on September 30, 2011 will artificially increase H-2B hourly wages by 30-50%. According to DOL's own estimates, the rule will increase H-2B wages for landscaping services by about $3.60 per hour. The actual cost to H-2B users could be far greater than DOL's estimates because DOL does not account for labor increases for similarly employed American workers or more experienced American workers whose pay should reflect the greater skill or experience level and be proportional to the hourly wage earned by lesser skilled workers. It also does not include additional payroll costs, workers compensation insurance, overtime costs and other associated increases.
A second DOL proposed rule, published in the March 18, 2011 Federal Register, would make the program even more expensive and complicated to use. For example, the rule would require employers to hire any qualified U.S. worker up to three days before the H-2B worker is scheduled to begin, even though the employer has already offered the job to the H-2B worker, assisted with the visa process and paid transportation, housing and other associated fees. The proposed rule would also involve labor unions in the hiring process and require employers to pay transportation and subsistence costs for potential U.S. workers.
Please call your Senators and Member of Congress today and ask them to the sign the letter! If any Senators or Members of Congress want to sign the letter or have any questions, they can contact Brent Robinson in Rep. Robert Wittman's office at brent.robinson@mail.house.gov. Details can be found in the below "dear colleague" letter.
Click here to view Rep. Wittman's letter.
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