Save Small Business

H-2B MEDIA COVERAGE: WHEN WILL AMERICAN WORKERS GET RELIEF FROM SEASONAL LABOR SHORTAGES?

Is this Ground Hog day all over again? Once again, just like in Bill Murray’s classic movie, today is a repeat of yesterday as Congress continues to ignore the crisis that American workers and businesses face due to the stalemate over passage of the Save our Small and Seasonal Businesses Act.

Of course, this is not news as you struggle to stay afloat and handle the business at hand. While I do not have any positive news from the Hill to report, I am including recent articles from national and regional media that continue to report on the situation.

In the meantime, if you see any articles relating to our cause please send them to us. Continue to take the opportunity to keep the issue in the news by contacting your local and regional media outlets. Lastly, if you run into your Member of Congress, tell them you are hurting. Americans are suffering. American jobs are on the line.

Oh, by the way, each of you will be particularly pleased to know that Congress DID PASS H-2B RELIEF, with the legislation currently awaiting the President’s signature.

No, not relief for you. RATHER, relief for seasonal employers on GUAM so that they are no longer subject to the H-2B CAP.

"Without the cap exemption, it would be impossible for a small territory such as Guam to utilize such a large share of the entire nation’s allocation of temporary nonagricultural workers," Cohen said.

Now, isn’t that something – each of your Representatives and Senators are more about the needs on a distant Pacific Island, U.S. territory than they care about YOU. Details about this sweetheart deal are below…

Into the Deep End of the Pool - The Washington Post

Employers: Visa caps should be lifted - gazette.net

Praying for a visa answer - seafoodbusiness.com

OFW influx to Guam seen - abs-cbnnews.com

Charge On!

Hank Lavery

Americans are starting their vacations, but is there a seasonal labor force to keep up with their demands? Evidently Congress thinks so!

I want to give you a quick update on the current situation of the H-2B visa crisis. Unfortunately, we do not have a lot to report at this time regarding Congress’ attention to our issue. Many Congressional and Senate offices continue to discuss what to do, and they are searching for the right moment to move our cause forward. However, we still do not have a definite idea of which direction they want to go in.

In the meantime, we are receiving reports of companies struggling to stay afloat. Congress needs to know this. If you run into your Member of Congress or attend any civic meetings, please take that opportunity to keep the issue alive with them. The message remains the same: “Why does Congress want Americans to lose their jobs and small businesses to fail?”

I will be back in touch when there is news to communicate. I am still amazed that Congress refuses to help us, and I am sure you are too. We will never back down. Neither should you.

Charge On!

Hank Lavery

With Summer Approaching, Congress continues to turn their backs on Small and Seasonal Businesses!

Just like all of you, I am completely amazed how Congress continues to turn their backs on us. However, this will not keep us down. We’re more determined than ever. You have done a tremendous job of keeping our story in the news – THANK YOU! I share these articles with you below and ask that you forward any others to us.

Until you hear from me again, I ask that you continue to:

1. Thank your Senators and Representatives for their support of our bill.
2. Encourage them to keep our bill in the forefront.
3. Pass these articles along to your elected officials and anyone else who is interested in our issue.

New Visa Curbs Hit Seasonal Employers - The Wall Street Journal

Lifeguard Shortage Blamed On Guest Worker Policies - WUSA9.com

Maine tourism-related businesses struggle to find seasonal workers - Bangor Daily News

New immigration rules are affecting Wisconsin Dells - Chicago Tribune

Temporary labor program to be updated - Portsmouth Herald News

Keep doing what ever it takes to generate publicity and keep our issue IN THE NEWS!

Charge On!

Hank Lavery

TODAY THE SENATE ONCE AGAIN TURNED THEIR BACKS ON SMALL BUSINESSES THROUGHOUT AMERICA: WAR FUNDING BILL WILL NOT INCLUDE MIKULSKI AMENDMENT

I come to you with terrible news.

Earlier today the Senate decided to strip the Mikulski H-2B fix from the War Funding bill. The H-2B Fix was in the Bill until Senator Bernie Sanders of Vermont stood up on the Senate Floor just after 12 Noon and introduced a rare procedural motion that was sustained by the chair. Had Senator Sanders (or one of his fellow anti-American worker and anti-American small and seasonal business allies) not introduced this motion--called a “point of order”--the Mikulski H-2B Fix would have remained in the final version of the Bill.

This, my friends, means that any hope for the extension of the returning worker exemption before the coming autumn now appears to be over.

It greatly saddens me to have to report this to you. I remain stunned and angry that a small number of elected officials who seem to care neither for the American workers we employ nor for the American communities we serve have been able to frustrate the ambition of the overwhelming majority of Congress who support the H-2B program.

I know this is a difficult time to ask any of you to send a note or to call with your appreciation and thanks. However, the Herculean effort made by Senator Mikulski and Representative Stupak to get us as close as we were to success should be something we should show our appreciation for. Please take a minute over the coming days to call or write Senator Mikulski and Representative Stupak:

• Senator Mikulski’s Direct Line: 202.224.4654
• Representative Stupak’s Direct Line: 202.225.4735

Our allies in the House and Senate once again assured us a short while ago that, despite this setback, they have already begun looking for the next opportunity to get our Bill passed. We will keep you informed about the next steps.

In the meantime, your Senators and Representatives are scheduled to return home this weekend for yet another taxpayer-funded get-away from Washington. Since you are the ones who will paying for their trips back home, you might as well take the opportunity to let them know how you really feel about their failure to yet again pass the Save Our Small and Seasonal Businesses bill. And make sure that you let your friends and the local media know how angry and upset you are by Congress’ failure to meet the needs of American workers and America’s small and seasonal businesses.

All we can do at this point, as hard as it may be, is to CHARGE ON.

Hank Lavery

Keep Calling Your Senators: The Mikulski H-2B “Fix” MUST STAY in War Funding Bill

Last night, Senator Bob Menendez of New Jersey utilized a seldom-used parliamentary procedure to strip out of the War Supplemental bill most of the immigration-related matters that had been added by the Senate Appropriations Committee.

However, because of the way that the Bill was written and amended by Senator Mikulski, the Mikulski H-2B Fix was not able to be stripped out of the bill.

At least, it has not YET been stripped out.

However, Senator Menendez or one of his allies could still sink the Mikulski H-2B Fix when the Senate begins debate on the part of the Bill that contains our provision.

Our job remains the same: We must work to keep the Mikulski H-2B Fix in the final Bill that passes the Senate.

Action

Get to your Senators directly (or at least to the Senator’s Chief of Staff). Here is your message:

• American workers and Communities from coast-to-coast need the Mikulski H-2B Fix. The Mikulski Fix is in the War Supplemental bill – all that needs to be done is to make sure that it REMAINS IN THE BILL.
• Your State, and the full-time American workers who are employed by your state’s small and seasonal workers, look to you, our Senator, to ensure that the jobs of American workers will not be jeopardized by the elimination of the Mikulski H-2B Fix.
• The Mikulski H-2B Fix HAS NOTHING TO DO WITH IMMIGRATION – this is about employers and workers who have followed the rules, and the American workers whose livelihoods are dependent on passage of the Mikulski provision.
• If a fellow Senator decides to use parliamentary procedure to try to strip out the Mikulski H-2B Fix, then all of us are looking to you to FIGHT ON OUR BEHALF AND ON BEHALF OF HARD-WORKING AMERICAN EMPLOYEES and make sure that these attempts are defeated on the floor of the Senate.

Call, fax, and get your colleagues to join with you. We cannot rest until the Mikulski H-2B Fix has become law.

Charge On.

Hank Lavery

Keep Calling Your Senators: We Need Every Senator to Understand that the Mikulski H-2B “Fix” MUST STAY in War Funding Bill

Yesterday we gave you one simple message: It is time to spring into action. Today our message is the same – Keep calling your Senators to tell them that YOU, YOUR AMERICAN WORKERS, and the MANY COMMUNITIES YOU SERVE IN THEIR STATE need the Mikulski H-2B Fix to stay in the War Supplemental bill that the Senate will begin debating today (you can watch the action on C-Span 2).

Current Situation (Tuesday, 5/20/08, 9:00 AM EDT)

The Senate is scheduled to start debate on the War Funding Bill today. This morning a radio news station reported that Senate debate will likely include a “showdown” on immigration – a reference to our issue and several others that were passed by the Committee. Let’s make sure that our side wins the showdown.

Remember today, and throughout this debate, that there are elected officials in the Senate (and the House) who don’t want any immigration issues, including the Save Small Business bill, to pass Congress. If they cannot get the votes to beat us, they may resort to Parliamentary procedure maneuvers in their quest to beat us. Regardless, we need to keep contacting our Senators with our simple message to make sure that our allies stand strong against the tiny number of their brethren who seem either to dislike American workers or America’s small and seasonal businesses.

Our goal is simple: We need to let our Senators know that Congress needs to keep the Mikulski fix in the final Bill, and that these same Senators need to do everything in their power to fight those who would try to strip the Mikulski fix from the final bill.

Once again, we do not know how long the Senate will debate this Bill, which is very complex and involves funding as well as war policy issues. We do know that the Senate will begin deliberations today. We also do not know when the Mikulski fix will come up – as soon as we know something, we will let you know. All Senate proceedings can be watched live on C-Span2.

Action Needed

Keep calling your Senators. Don’t stop until the Bill has passed the Senate with the Mikulski fix still included.

You should also let your world know about how vital it is that the Senate keep the Mikulski H-2B Fix in the War Funding bill. You can pull to help you with your calls to the Senate your US Representative and Governor, the American workers you employ, leaders from the American communities you serve and anyone else whose lives and fortunes will be devastated if the Senate strips the Mikulski Fix from the Bill. Since Congress (or at least a Congressional committee) finally acted on this key issue – you need to let your newspapers, television/radio stations, local Chamber, Rotary Club and everyone else you know how important this is to you and to each of them as well.

Talking Points

Today’s Talking Points are EXACLY the same as yesterday:

1. The first thing you need to do is THANK the 23 Senators who voted Thursday for the Mikulski H-2B fix. You need to reach either the State/District Director (in the main in-state office) or the Chief of Staff in the Washington office with your appreciation. The list of Senators on the Appropriations Committee and how they voted is included below.
2. Start calling today to Senators offices (again, you need to reach the Chief of Staff in Washington and the State/District Director in the State office) to urge them to keep the Mikulski H-2B Fix in the War Spending Bill:
   1. Tell them that the Save our Small and Seasonal Businesses Bill has the support of 46 Senators from both parties. It is one of the most bi-partisan bills in Congress today, uniting Democrats and Republicans, Conservatives and Liberals.
   2. Remind your Senators of this simple FACT: The H-2B crisis IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE. It is American jobs on the line, and American communities who will lose out if these small businesses cannot get the workers they need.
   3. Remind your Senators that you have exhausted all resources trying to hire American workers – it is because there are not Americans who want to work temporary seasonal jobs that you HAD TO TURN to the H-2B program in order find temporary H-2B workers.
   4. Remind your Senators that the Returning Worker Exemption program has been a success – perhaps the most successful effort that Congress has created in many years. Despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program, it still solves the temporary worker shortage.

As I wrote yesterday, Congress still has time to SAVE AMERICA’S SMALL AND SEASONAL BUSINESSES. Let’s make sure that Congress (starting with the Senate) understands that it either cares about American workers, or that it is willing to put American workers onto the streets and out of work.

Keep making your calls. Talk to the local press. Talk to your friends and colleagues. Don’t stop until Senate has passed the War Funding bill with the Mikulski H-2B fix firmly attached.

Keep up the good work, and remember always to . . .

Charge On!

Hank Lavery

Call Your Senators and House Members: Mikulski H-2B “Fix” MUST STAY in War Funding Bill

It is time to spring into action. You need to begin calling your Senators and Representatives to tell them that YOU, YOUR AMERICAN WORKERS, and the MANY COMMUNITIES YOU SERVE IN THEIR STATE need the Mikulski H-2B Fix to stay in the Iraqi War Supplemental currently going through Congress.

Current Situation (Monday, 5/19/08, 9:30 AM EDT)

On Thursday (5/15), the Senate Appropriations Committee voted to attach the Save Small Business bill to the Iraqi War Supplemental funding bill. For those of you who have been through the fights of the past few years, this IS EXACTLY THE SAME SITUATION as we have faced before.

The vote for the Mikulski Fix was overwhelming – 23 to 6. This shows the great support that the extension of the H-2B Returning Worker Extension has throughout the country and in Congress.

However, there are those who don’t want any immigration issues, including the Save Small Business bill, to pass Congress. Because everyone has a right to be heard and to try to use Parliamentary procedure to their benefit, these elected officials still have the power to cause problems. Our goal is to let our Senators and Representatives know that you need Congress to keep the Mikulski fix in the final Bill, and they need to do everything in their power to fight those who would try to kick us out.

The full Senate is scheduled to take up the War Funding Bill (remember, it was just the Appropriations Committee that passed the Bill with the Mikulski H-2B Fix included. After the Committee completed its work, the next step is the full Senate) starting Tuesday, May 20. We do not know how long the Senate will debate this Bill, which is very complex and involves funding as well as war policy issues.

It may take several days of debate, so we do not know when the H-2B Mikulski Fix provision will be addressed. Therefore, we need to start communicating with Senate offices today.

Action Needed

We need your to call your Senators as well as let the world know about how vital it is that the Senate keep the Mikulski H-2B Fix in the War Funding bill. The American workers you employ and the American communities you serve will be devastated if the Senate strips the Mikulski Fix from the Bill. Congress has finally acted on this key issue – you need to let your newspapers, television/radio stations, local Chamber, Rotary Club and everyone else you know how important this is to each of them as well.

Talking Points

1. The first thing you need to do is THANK the 23 Senators who voted Thursday for the Mikulski H-2B fix. You need to reach either the State/District Director (in the main in-state office) or the Chief of Staff in the Washington office with your appreciation. The list of Senators on the Appropriations Committee and how they voted is included below.
2. Start calling today to Senators offices (again, you need to reach the Chief of Staff in Washington and the State/District Director in the State office) to urge them to keep the Mikulski H-2B Fix in the War Spending Bill:
   1. Tell them that the Save our Small and Seasonal Businesses Bill has the support of 46 Senators from both parties. It is one of the most bi-partisan bills in Congress today, uniting Democrats and Republicans, Conservatives and Liberals.
   2. Remind your Senators of this simple FACT: The H-2B crisis IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE. It is American jobs on the line, and American communities who will lose out if these small businesses cannot get the workers they need.
   3. Remind your Senators that you have exhausted all resources trying to hire American workers – it is because there are not Americans who want to work temporary seasonal jobs that you HAD TO TURN to the H-2B program in order find temporary H-2B workers.
   4. Remind your Senators that the Returning Worker Exemption program has been a success – perhaps the most successful effort that Congress has created in many years. Despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program, it still solves the temporary worker shortage.

Congress still has time to SAVE AMERICA’S SMALL AND SEASONAL BUSINESSES. Let’s make sure that Congress (starting with the Senate) understands that it either cares about American workers, or that it is willing to put American workers onto the streets and out of work.

Start making your calls. Get as much coverage as you can. Let’s get this across the finish line.

Charge On!

Hank Lavery

Save Small Business

Are Foreign Models More Important to the U.S. Economy than Saving America’s Small and Seasonal Businesses? Evidently Congress Thinks So.

Once again our Representatives in Congress continue to punish you and me by refusing to pass the Small Seasonal Business Bill to extend the H-2B returning worker exemption. As you know, all of us have heard a lot from our Congressional leaders that “Congress will not pass any bills related to immigration until comprehensive immigration reform is addressed.” Like much of what comes out of Washington, Congress has shown itself to talk out of both sides of its collective mouth.

In a case that is truly an example of life being stranger than fiction, the House Immigration Subcommittee voted last week to create a special visa category JUST FOR FOREIGN FASHION MODELS to enter the US without being caught up in an H visa cap (fashion models come to the US in H-1B status, and the H-1B visa cap, like the H-2B visa cap, was reached too quickly to meet the national demand). Ohio’s leading television station tells the story best:

'Ugly American' bill passes committee; allows more foreign models to work in U.S. - wkyc.com

We should all be outraged by the hypocrisy shown by the House Leadership in deciding that America’s small and seasonal businesses MUST BE IGNORED while at the same time making sure that Members of Congress were able to vote to exclude America’s best-looking men and women from walking down fashion runways across our country.

Does anyone in America believe that there is a shortage of good-looking Americans who would be more than willing to step in and fill these jobs? This is just corporate greed at its worst, with Congress voting to fill jobs with foreign workers for which there is no shortage of Americans ready, willing and able to fill!

Instead of helping an industry that needs no help, Congress should and MUST help America’s small and seasonal businesses gain access to the temporary workers they need to stay in business. Our own Jack Brooks, in a letter to the editor of the Baltimore Sun published Saturday, describes the H-2B crisis in simple and compelling words:

Too few workers for seasonal jobs - The Baltmore Sun

Like you, I want to scream after learning about Congressional hypocrisy and inaction on the simple and straightforward issue of the H-2B Returning Worker Exemption. By not moving to extend the Returning Worker Exemption, Congress is hurting America’s small businesses -- the backbone of this great nation.

Although time is running out, it is not too late to SAVE AMERICA’S SMALL AND SEASONAL BUSINESSES. Let your Members of Congress and Senators know how mad you are that foreign fashion divas are more important to Congress than the American workers you employ and the communities you serve. If you were not furious before, then it is time for you to be mad as heck now.

Charge On!

Hank Lavery

Still Waiting for Congress to Act

Reports from both the House and the Senate continue to indicate that there is still a great deal of talk about helping us, but we still have not seen any real action.

As I wrote in my last Update, the only thing that we know for sure is that our Bill still has yet to pass Congress. America’s small and seasonal businesses, the year-round American workers we employ, and the communities we serve are waiting anxiously for news from Congress. We grow discouraged by partisan bickering and political posturing, but we continue to have hope and confidence that our elected officials WILL NOT FAIL US.

If you have some free moments starting at 11 today, you might want to tune into the live Internet broadcast of the House Education & Labor Committee’s hearing on the labor certification process in H-2A and H-2B programs.

http://edlabor.house.gov/committee/schedule.shtml

Click on “Live Broadcast” on the right side of the screen. If you have trouble with the live pictures you can call the Committee at 202-225-3725.

Here is the official Witness List (also posted on the Committee’s website):

Full Committee and Subcommittee Schedule

Tuesday, May 6, 2008

Full Committee

Hearing on "Do Federal Programs Ensure U.S. Workers Are Recruited First Before Employers Hire From Abroad?" scheduled at 11:00 a.m. in room 2175 Rayburn H.O.B.

Witnesses:

The Honorable Leon R. Sequeira
Assistant Secretary for Policy
U.S. Department of Labor
Washington, DC

William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor
Washington, DC

Mr. Bruce Goldstein
Executive Director
Farmworker Justice
Washington, DC

Mr. Javier Riojas
Attorney/Branch Manager
Texas RioGrande Legal Aid
Eagle Pass, Texas

Mr. John Young
Past Executive Director
New England Apple Council
Goffstown, New Hampshire

Dr. Andrew Sum
Director/Professor
Center for Labor Market Studies
Northeastern University
Boston, Massachusetts

Mr. Bill Beardall
Director
Equal Justice Center
Austin, Texas

The composition of the Witness list is one-sided, and is plainly an attempt to try to paint employers of foreign workers as corrupt, heartless, and generally just bad actors. The Northeastern University economist is expected to tell the Committee that there are plenty of US workers to fill all of your open positions, and that your appetite for wanting to take advantage of foreign workers is the only thing preventing you from hiring Americans.

There is only one employer witness – John Young from the New England Apple Council. We understand that he has some familiarity with the H-2B program (his industry hires mostly H-2A workers when there are not enough available Americans willing to do the work), but as you can read, no one who is fluent in the H-2B program was invited by the Committee to appear. This Hearing does not look too balanced, does it? Tune in to see how unbalanced it turns out to be.

In the coming days, make sure that you continue to point out to your Members of Congress and US Senators that:

1. You try to find every American you can to work for you on a temporary seasonal basis;
2. There just are not enough Americans who want to work in these jobs – this is why you turn to the H-2B program;
3. You go through 4 separate Government agencies just to have the chance to fill these unwanted temporary positions;
4. You treat your foreign workers the same as you treat your American staff;
5. You wish there were enough Americans for these positions – then you would not have to go through this expensive and nerve-wracking H-2B process.

NEW CO-SPONSOR ANNOUNCED

Rep Inglis, Bob [SC-4] - 5/5/2008

Congratulations – thank you South Carolina! We are now at 152 House Co-Sponsors. It is great that Rep. Inglis celebrated the 5 of May by Cosponsoring our Bill.

Let us know your thoughts about today’s Hearing.

Charge On.

Hank Lavery

Next Tuesday’s Hearing by House Education & Labor Chair George Miller May be Next Attempt to Smear Small and Seasonal Businesses, the American Workers We Employ, and the Communities We Serve

Reports from both the House and the Senate indicate that there is still a great deal of talk about helping us, but still no action. Much of the discussion seems to center on whether upcoming Bills in Congress will go through as “clean bills” (meaning that no amendments will be allowed) or as legislation that will allow amendments.

The only thing that we know for sure is that neither the House nor the Senate has passed our Bill yet. And we have already reached May 1st. Does Congress have no shame?

Today you may see on the news or be asked by reporters for your comments on the “May Day” demonstrations scheduled around the country. Yes, once again the 12 million individuals who either entered the US without inspection or overstayed their visas will be trying to attract attention to their cause. With immigration crack-downs the norm these days in many parts of the country, I am not sure how many immigrants will be participating.

Rep. George Miller’ Hearing on H-2 Labor Certification process: Tuesday, May 6 at 10:00 a.m. – Is this another attempt by the Chair of the House Education & Labor Committee to harm the H-2B program?

As we wrote in yesterday’s update, the House Education & Labor Committee will meet next week to examine the question of whether the H-2B and H-2A labor certification processes really work to attract U.S. workers.

Again, there has not been an official release of the list of witnesses. We have to remember that this is the same Rep. Miller who has repeatedly given the Southern Poverty Law Center a special Congressional stage to promote their hatred of small and seasonal businesses. It was Rep. Miller who brought in the Center and its employee Mary Bauer on April 1st to leave with Congress the belief that each and every one of us was guilty of SLAVERY and that each and every one of us stole our workers passports, cheated them out of their wages, and did everything to ensure that no Americans would want to work so that we could practice our form of slavery with foreign workers under our control.

We are very concerned that next Tuesday’s hearing will be just the latest attempt by this Member of Congress to hurt us and our ability to find the workers we need when there are not enough Americans who are available and who want to work temporary positions. We understand that a number of our colleagues are working to try to ensure that this Hearing will include at least one witness who can discuss the issue from the side of small and seasonal businesses and the Americans they employ. If your Representative is on the Committee, please make sure that you contact him or her between now and Tuesday with your message that:

1. You try to find every American you can to work for you on a temporary seasonal basis;
2. There just are not enough Americans who want to work in these jobs – this is why you turn to the H-2B program;
3. You go through 4 separate Government agencies just to have the chance to fill these unwanted temporary positions;
4. You treat your foreign workers the same as you treat your American staff;
5. You wish there were enough Americans for these positions – then you would not have to go through this expensive and nerve-wracking H-2B process.

These are good points to remind all of Reps and Senators about as well.

A list of the members of the House Education & Labor Committee can be found at this link. See if your District or your State is represented:

http://edlabor.house.gov/about/members.shtml

NEW CO-SPONSOR ANNOUNCED

Rep Hulshof, Kenny C. [MO-9] - 4/30/2008

Congratulations – thank you Missouri! We are now at 151 House Co-Sponsors.

We will be back to you next week with another Update. In the meantime,

Charge On.

Hank Lavery

H-2B DIRECTLY & INDIRECTLY SUBJECT OF UPCOMING HEARINGS

Nothing new to report on the H-2B front at least as far as our legislation being passed is concerned. We continue to urge you to stay after your members of Congress and Senators to pass an H-2B fix before Memorial Day.

What we can tell you H-2B is directly or indirectly the subject of upcoming hearings.

1. Hearing Number One: Today at 2:30 PM

Tune In live on your computer. Click onto “view the live webcast”:

http://judiciary.house.gov/schedule.aspx

The first hearing will be held this afternoon at 2:30 by the House Immigration Subcommittee (the same group that held the April 16th hearing on H-2B). Today’s hearing may include references to H-2B but we understand it is primarily based on the reasons why some visa categories have visas that go to waste while at the same time other H-2B visas get filled.

Appearing today will be U.S. government officials from Immigration and the State Departments. These officials are the same people who are in charge of H-2B in the U.S. government so if you can tune in you’ll have a chance to see these faces of what is normally a “faceless” bureaucracy. The only agency not appearing is the DOL.

2. Hearing Number Two: Tuesday, May 6 at 10:00 a.m.

The second hearing will be held by the House Education & Labor Committee to examine the question of whether the H-2B and H-2A labor certification processes really work to attract U.S. workers.

We have not seen a list of witnesses yet, but first indications show that (What a Surprise!) there are NO WITNESSES from the people who need the American workers the most, who fight to find every worker they can, and ARE FORCED TO TURN TO the H-2B program because enough U.S. workers don’t want to work in seasonal jobs.

Yes, NO U.S. EMPLOYERS are likely to be witnesses at this hearing.

We will let you know as soon as we learn more information about this hearing.

Charge On!

Hank Lavery

48 Hours of Senate Focus

Let’s get to it – we need to contact our Senators today (Monday) and tomorrow (Tuesday).

PLEASE CALL YOUR SENATORS STARTING MONDAY MORNING

Our special “48 Hours of Senate Focus” begins NOW. Both today and tomorrow, please call your Senators and explain how the standstill in Congress over the H-2B Program (S. 988) is killing small and seasonal businesses, the Americans we hire, and the communities across America that we serve.

1. Share the WSJ Op-Ed piece with them (we have attached it for you again to this Update). The article simply explains why the H-2B Program is a major factor in providing jobs for employers who cannot find a labor pool without these workers. It also clarifies some of the misconceptions about how we are “stealing” jobs from Americans.
2. Tell them that the Save our Small and Seasonal Businesses Bill has the support of 46 Senators from both parties. It is one of the most bi-partisan bills in Congress today, uniting Democrats and Republicans, Conservatives and Liberals. (See list of cosponsors at the end of this message).
   • Ask each Senate Co-sponsors to take this Bill to the next level and get it VOTED ON and PASSED by Congress.
   • If one or both of your Senators is not yet a co-sponsor, keep pushing to get them to become a Co-Sponsor. And as a Co-Sponsor, URGE your Senator to take the lead in getting this Bill passed.
3. Remind your Senators of this simple FACT: The H-2B crisis IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE. It is American jobs on the line, and American communities who will lose out if these small businesses cannot get the workers they need.
4. Remind your Senators that you have exhausted all resources trying to hire American workers – it is because there are not Americans who want to work temporary seasonal jobs that you HAD TO TURN to the H-2B program in order find temporary H-2B workers.
5. Remind your Senators that the Returning Worker Exemption program has been a success – perhaps the most successful effort that Congress has created in many years. Despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program, it still solves the temporary worker shortage.

As I wrote last week, we will definitely turn our attention to both the House and the Senate in the coming weeks once we have completed letting the Senate know our love for it. Stay tuned.

We have more GREAT COVERAGE about America’s H-2B meltdown. One is from the New York Times and the other is from Kennebec, Maine. Please share these articles with as many people as you can.

Summer employers brace for shortage of foreign workers - The New York Times

Temporary worker standoff irks businessowners - Morning Sentinel

It is up to you to put the heat on the Senate to pass S. 988 RIGHT NOW.

Charge On!

Hank Lavery

Time is Ticking; Senate Feeling Lonely!

Once again I must proudly commend your efforts in following up with your Represent-atives after last week’s successful Hearing. We know with certainty that our voices and stories did not fall on deaf ears with members of the House.

Even the Wall Street Journal has made the H-2B fight something that it sees as important to America’ s future. At the end of this update we have printed in full the Op-Ed piece that appeared in today’s WSJ that provides one of the clearest and most concise arguments about why Congress must act on our behalf immediately.

I must admit that we have gotten so caught up in the excitement over the Hearing and its follow-up that we have just plain forgotten about the Senate. And you know what? Experience has taught us that the Senate just doesn’t like being ignored.

So, what to do? Simple. Without losing any momentum with the House, we need to make sure that our voices are heard in the Senate over the next few days.

A. PLEASE CALL YOUR SENATORS

Let’s make early next week our special “48 Hours of Senate Focus.” Starting Monday and ending Tuesday COB, please call your Senators and explain how the standstill in Congress over the H-2B Program (S. 988) is drastically negatively impacting your business. Election year or not, this has dragged on beyond a reasonable amount of time.

1. Share the WSJ Op-Ed piece with them. The article simply explains why the H-2B Program is a major factor in providing jobs for employers who cannot find a labor pool without these workers. It also clarifies some of the misconceptions about how we are “stealing” jobs from Americans.
2. Tell them that the Save our Small and Seasonal Businesses Bill has the support of 46 Senators from both parties. It is one of the most bi-partisan bills in Congress today, uniting Democrats and Republicans, Conservatives and Liberals. (See list of cosponsors at the end of this message).
   • Ask all Co-sponsors to take this Bill to the next level and get it VOTED ON and PASSED by Congress.
   • If they are not a co-sponsor, keep pushing to get them to become a Co-Sponsor.
3. This IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE. It is American jobs on the line, and American communities who will lose out if these small businesses cannot get the workers they need.
4. You have exhausted all resources trying to hire American workers – it is because you have been unsuccessful that you desperately need temporary H-2B workers.
5. This program has been a success. Despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program, it still solves the temporary worker shortage.

B. Back to the House once the Senate feels “loved” again

We will turn our attention to both the House and the Senate in the coming weeks once we have completed letting the Senate know our love for it. Stay tuned.

C. NEWS ARTICLES:

Once again, we continue to receive GREAT COVERAGE on the H-2B disaster facing America’s small and seasonal businesses, the Americans they employ, and the communities they serve. Please share these articles with as many people as you can.

IMMIGRANT SCAPEGOATS - NCPA

Fate of the H-2B visa program still uncertain - Nantucket Independent

Seasonal jobs going unfilled - inrich.com

In summary the temperature heating up in Washington so must our fight to pass S. 988 before the season is over and it is too late to Save Our Small and Seasonal Businesses.

Charge On!

Hank Lavery

One week after the Hearing, where are we now?

We are hearing many reports that things are moving in Washington (or at least many more important people are talking about the need to get the returning working exemption through ASAP). Let’s keep reminding our Representatives and Senators that we are still without a solution – we need help NOW.

A. Post-Hearing Update

Unfortunately there have also been some items being sent around that have not been as helpful. First of these was the overview of the so called Sanders - Miller Compromise that included a massive increase of prevailing wages and completely unworkable processes that would have made the H-2B program no longer an option for our country’s Small and Seasonal business owners. The end result, if these reforms had been enacted, would likely been the firing of thousands or US workers and the disintegration of businesses that our key to the health of communities from coast-to-coast.

The second item was a sign-on letter written by governors who are now (finally?) coming forward in support of the returning working exemption. While this letter may be well-intentioned, it sets out a request for only a one year extension of the returning worker exemption. Had the authors of this effort consulted beforehand with Save Small Business or any one of you, our members, it is hard to believe that this mistake would have been fixed. Hopefully, the governors’ letter will not damage efforts to get a multi-year fix so that we don’t have to travel back to Washington again doing the same thing just months from now. We love seeing our elected officials, but wouldn’t it be better to have a longer-term fix so that we can focus on our businesses, and not on Congress?

ACTION: If you are going to urge our governor to sign onto this letter, please make sure that that you insist that your governor amend the letter so that the governors call for at least a FIVE-YEAR clean extension of the Returning Worker Exemption.

B. We Have a New Cosponsor:

Senator Coburn of Oklahoma is the newest sponsor of the Save Small Business Bill. He makes 46 cosponsors in the Senate and 149 in the House.

C. NEXT STEPS FOR SAVE SMALL BUSINESS MEMBERS

1. Make sure that your Member of Congress has submitted a statement for the record in support of the H-2B program and the Returning Worker Exemption. The Official Record of the Hearing has been left open for five “legislative days” after the Hearing. This means that your Members of Congress have until at least Wednesday to submit their Statements for the Record (if they have not done so already). If you have not done so already, please contact your Member of Congress and ask the following questions:
   1. Did you submit a Statement in support of the H-2B program and the Returning Worker Exemption to the House Immigration Subcommittee?
   2. If not, it is not too late. Please do so. And please send a copy to my organization so that we can share it with our members.
   3. If you have submitted a Statement, please send me/us a copy.
2. Make sure that your friends, colleagues and press know that Congress held a hearing on this issue yesterday. Now that a hearing has been held, there is no excuse for Congress to not vote on the H-2B Returning Worker Exemption IMMEDIATELY. Calls must go out for an immediate vote on our Bill.

D. New Articles to Share – H-2B In the News

Our issue continues to get press coverage across the US, and even around the world. Please share these articles with anyone interested in the H-2B crisis and the need to fix this right now.

Grand Hotel, others push for new rules on immigrant help - Detroit Free Press

With Visa Program in Limbo, Seasonal Businesses Struggling - Houston Chronicle

H2B cap leaves many jobs open in tourism industry - Sioux City Journal

How the H2B program works - Rapid City Journal

US Congress debates expanding controversial visa programme - The Guardian

Now that the Hearing is over, Congress must act

We heard from several of you that you were unable to download the copy of the Statement I submitted to the House Immigration Committee on behalf of Save Small Business. You can download the Statement here.

Please take a few minutes to read my Statement carefully. When I wrote this I knew that I would be speaking on behalf of each of you, the American workers you employ, and the communities you serve. I tried to put your lives and your experiences into what I wrote. This is your Statement as much as it is mine.

Please feel free to share the Save Small Business statement with your Members of Congress, US Senators and their respective staffs.

Congress has been out of session since Thursday, and won’t be back to work until later today or tomorrow. Until Congress returns to work we will not know the full impact of Wednesday’s Hearing, and whether Congress – finally – is ready to move ahead to finally solve the H-2B crisis.

Also – another big co-sponsor to announce. Rep. Roy Blunt of Missouri (7th District), the number two Republican leader in the House (he is the House Minority Whip), signed on last week. He was joined by Rep. Phil English (Pennsylvania – 3rd District). Earlier, Del. Luis Fortuno of Puerto Rico came on as a House co-sponsor. This means that we are now at 149 House Co-Sponsors.

Again and again we have to ask the simple question:

Why, with so much support, does the Democratic Congressional leadership REFUSE to allow the Save Small Business bill to go before the full Congress?

In the meantime, let’s continue doing what we laid out last week:

NEXT STEPS FOR SAVE SMALL BUSINESS MEMBERS

1. Make sure that your Member of Congress has submitted a statement for the record in support of the H-2B program and the Returning Worker Exemption. The Official Record of the Hearing has been left open for five “legislative days” after the Hearing. This means that your Members of Congress have until at least Wednesday to submit their Statements for the Record (if they have not done so already). If you have not done so already, please contact your Member of Congress and ask the following questions:
   1. Did you submit a Statement in support of the H-2B program and the Returning Worker Exemption to the House Immigration Subcommittee?
   2. If not, it is not too late. Please do so. And please send a copy to my organization so that we can share it with our members.
   3. If you have submitted a Statement, please send me/us a copy.
2. Make sure that your friends, colleagues and press know that Congress held a hearing on this issue yesterday. Now that a hearing has been held, there is no excuse for Congress to not vote on the H-2B Returning Worker Exemption IMMEDIATELY. Calls must go out for an immediate vote on our Bill.
3. In addition to sharing my Statement, please be sure to send to them the lead Editorial that appeared late last week in the Boston Globe. Like my Statement, this Editorial says it all.

Charge On, my friends. Charge On..

Hank Lavery

WEDNESDAY’S H-2B HEARING TOLD OUR STORY TO CONGRESS LOUD AND CLEAR

Yesterday’s H-2B Hearing before the House Immigration Subcommittee was by all counts a huge success. Thank you to the more than 300 small and seasonal business owners, employees and representatives who came to Washington to attend the Hearing. Immigration Subcommittee staff told us that this was the largest turn-out for an Immigration Hearing EVER. Yes, EVER. Not only was the Hearing Room packed with standing room only. But so was the first overflow room. And with that room so packed the Committee had to open a second overflow room. Wow is all that I can say, and thank you again for coming and making such a difference.

Each of us owes a special debt of gratitude to the two witnesses who testified on behalf of employers forced to turn to the H-2B program because of an absence of US workers. Bill Zammer of Cape Cod Restaurants and Dan Musser of The Grand Hotel were magnificent. Their presentations, and their responses to questions from the Committee (and to the misleading and often false testimony from the anti H-2B witnesses on the panel), were informed, compelling and effective. Bill and Dan did not sugar-coat things, nor did they speak anything but the plain truth.

• You try to find workers willing to work seasonal, temporary jobs.
• You can’t find enough Americans.
• You are forced to turn to the H-2B program.

Here is a link to the Subcommittee’s website where you can find the testimony submitted by Bill, Dan and the other witnesses at the Hearing.

http://judiciary.house.gov/oversight.aspx?ID=432

We also owe a special debt of gratitude to the Members of Congress who appeared as witnesses on behalf of their constituents, and to the Members who appeared at the Hearing to ask questions or to make statements regarding the program. At the head of the line of those deserving our thanks is Rep. Bart Stupak of Michigan, the sponsor of the House Bill to extend the Returning Worker Exemption. With him at the witness table testifying on our behalf were Rep. Tim Bishop of New York and Rep. Wayne Gilchrest of Maryland. Each did a great job.

Subcommittee Chair Zoe Lofgren expressed her desire to achieve a successful outcome for the H-2B crisis, while at the same time addressing issues of worker protections. Judiciary Committee Chair John Conyers was present and active throughout the Hearing, and he was quite animated in wanting to achieve relief for the H-2B crisis. Rep. Delahunt was eloquent in his statement and questions to the witnesses, as was Rep. Goodlatte of Virginia. Rep. Jackson-Lee made a brief statement. Rep. Gutierrez, a leader of the Congressional Hispanic Caucus, spoke often about the needs of the Hispanic community in America, especially about the undocumented, and urged support for his efforts. Ranking Member King expressed his concern that the Returning Worker Exemption would allow hundreds of thousands of people into the country. Judiciary Committee Ranking Member Lamar Smith also came to the Hearing, as did Rep. Artur Davis.

Each of the individuals named above were Members of the Committee. In addition to these individuals, several other Representatives not on the Committee came to the Hearing. Rep. Bobby Scott made a statement about the support that the H-2B Bill has received from the Governor of Virginia and others. Rep. Wittman (VA) and Rep. Foxx (NC) were present but unable to ask questions because of time constraints.

Many organizations submitted statements for the record, as well as a number of Members of Congress. One organization invited by Congress to submit a statement for the Hearing was Save Small Business. I have attached to this e-mail the statement that I submitted on behalf of us all.

NEXT STEPS to follow-up on the Hearing

1. The Official Record of the Hearing will be left open for five “legislative days” after the Hearing. This means that your Members of Congress have the opportunity to submit their Statements for the Record (if they have not done so already). Today please contact your Member of Congress and ask the following questions:
   1. Did you submit a Statement in support of the H-2B program and the Returning Worker Exemption to the House Immigration Subcommittee?
   2. If not, it is not too late. Please do so. And please send a copy to my organization so that we can share it with our members.
   3. If you have submitted a Statement, please send me/us a copy.
2. Let your friends, colleagues and press know that Congress held a hearing on this issue yesterday. Now that a hearing has been held, there is no excuse for Congress to not vote on the H-2B Returning Worker Exemption IMMEDIATELY. Calls must go out for an immediate vote on our Bill.
3. I will be back to you early next week once we learn more about the impact the Hearing had on Congress.

Thank you again for all of your hard work and determination. We must win this battle. And I will NEVER, I repeat NEVER, give up. And neither should you.

Charge On.

Hank Lavery

JUST ONE DAY UNTIL THE H-2B HEARING

Tomorrow’s H-2B Hearing before the House Immigration Subcommittee is vital to your efforts to convince Congress to re-instate the H-2B Returning Worker Exemption. Keep up your calls to your friends and colleagues, and especially to your Members of Congress and the local media, to make sure they know about the Hearing and to help your efforts to make sure that your Member of Congress WILL ATTEND the Hearing.

Event: House Immigration Subcommittee’s Oversight Hearing on the H-2B Program
Date: Wednesday, April 16, 2008
Time: 2:00 PM
Place: 2141 Rayburn House Office Building

We have been informed that the Hearing will be split into two sessions, likely to last 30 to 60 minutes each.

Panel 1: Congressional Witnesses

The first session (or “panel”) will be comprised of Members of Congress who will present formal testimony about the H-2B program and the need for the Returning Worker Exemption. We understand that these Members currently include:

• Rep. Bart Stupak, Democrat of Northern Michigan
• Rep. Tim Bishop, Democrat of Long Island, New York
• Rep. Wayne Gilchrest, Republican of Maryland’s Eastern Shore
• Rep. George Miller, Democrat of the SF Bay Area of California who also serves as the Chairman of the House Education & Labor Committee.

Rep. Stupak is the Sponsor of the Save Our Small and Seasonal Businesses Act of 2007. There are now 146 Co-Sponsors of the Stupak Bill, and his efforts have created the most bi-partisan coalition that Congress has seen in a long time. With Republicans and Democrats appearing to be at each other’s throats over every issue, no matter how big or small, the Save Small Business Bill stands as a beacon of hope that our leaders can work together on an issue like the H-2B Returning Worker Exemption that makes our country stronger, and the American workers employed at these small and seasonal businesses more secure.

Reps. Bishop and Gilchrest, like Rep. Stupak, represent Congressional districts where small and seasonal employers have done everything they can to recruit Americans to fill all open temporary seasonal positions. Their constituents (at least the ones who believe in following the law) have had no choice but to turn to the H-2B program to fill these temporary seasonal positions.

Rep. Miller sponsored the April 1st House briefing that featured the scathing attack on the H-2B program led by the Southern Poverty Law Center. At this briefing each of you was accused of engaging in slavery and creating slave-like conditions because of your decision to follow US immigration law and hire legal foreign temporary workers instead of illegal immigrants.

Panel 2: Public Witnesses

The second session will be comprised of representatives of three organizations and two Save Small Business members who each own small businesses. These business owners have been forced to turn to the H-2B program in order to keep their establishments operating.

• The Organizations represented on the panel will be:
  • Southern Poverty Law Center (the organization that believes that each of you is engaged in slavery);
  • Center for Immigration Studies (this organization has led efforts to fight laws that allow foreign nationals to work or live in the United States);
  • Economic Policy Institute (a think-tank affiliated with the AFL-CIO, one of the H-2B program’s leading critics)
• The Small Business owners on the panel will be:
  • Dan Musser of The Grand Hotel, Mackinac Island, MI;
  • Bill Zammer of Cape Cod Restaurants, Cape Cod, MA.

As it has been from the beginning (when all of you came together as members of Save Small Business to stand up for your businesses, your workers, and the communities you serve), this Hearing will feature the little guy up against leaders of well-financed Washington-insider organizations. The representatives of the three national organizations are individuals who have each testified on numerous occasions before Congress. They are seasoned professionals who are trained to deliver stinging negative sound-bytes about programs they believe should be destroyed.

Facing these harsh critics of the H-2B program will be Dan Musser and Bill Zammer, two individuals who have spent their careers trying to make their communities in Michigan and Massachusetts better places to live and work. Each is highly respected by his peers, and each has provided jobs to hundreds of American workers. Like their peers throughout the country, each has had no choice but to turn to the H-2B program in order to find enough temporary seasonal workers to fill available jobs.

Here is what I need you to keep doing TODAY and again TOMORROW (Wednesday) morning:

1. Job One: Get Your Member of Congress to SHOW UP AT THE HEARING

Your number one goal today through Wednesday is to get your Member of Congress to ACTUALLY ATTEND Wednesday’s Hearing and make a short statement in support of the H-2B Returning Worker Exemption. There are ONLY 3 Members of Congress who will be formal Witnesses to testify on behalf of the H-2B program and Returning Worker Exemption. We need EVERY ONE of the 146 Co-Sponsors to show up at the Hearing, even for a few minutes.

Here are the facts:

• This is easy for Representatives to do. The Hearing date, time and place have announced, and all that a Member of Congress has to do is to SHOW UP. Congressional courtesy normally dictates that Members of Congress who want to be recognized will be recognized.
• It is “Now or Never” time for our supporters in Congress (over 146 formal Co-Sponsors, and another 150 to 200 Members who have said that they are supporters but nonetheless did not sign on as formal co-sponsors for one reason or another) TO ACTUALLY DEMONSTRATE TO THEIR CONSTITUENTS WHO ELECTED THEM THAT THEY ACTUALLY WANT OUR BILL TO PASS.
• The House Leadership has refused to allow a vote on the H-2B Returning Worker Exemption – with a strong show of support by Members of Congress from both parties we can finally build the momentum necessary to get this Bill passed. Here is the chance (at last!) for our Members of Congress to do the closest thing they can short of voting.
• Again, all that the Member of Congress has to do is TO SHOW UP AND DO WHAT THEY DO BEST. WE WANT THEM TO MAKE A SHORT SPEECH IN SUPPORT OF THE SMALL AND SEASONAL BUSINESSES AND THE HARD-WORKING AMERICANS THEY EMPLOY.

We need the actual Member of Congress himself or herself to appear at the Hearing – NOT a staff member. As simple as this may seem, getting your Member of Congress to actually show up at the Hearing and making a statement in support of the H-2B program will not be easy. YOU NEED TO STAY ON TOP OF THEM, and call, write, fax and meet your Representative personally in order to get a solemn promise that he or she will attend and be heard. Appointments have undoubtedly already been scheduled for the 2 – 4 PM period on Wednesday – if this is not important enough to change their schedule around than nothing will be.

2. Job Number Two: Get your local Press to cover the hearing

Members of Congress are more likely to show up a hearing if they know that the Press from back home will be in attendance. And the Press is more likely to cover an event if they know that Members of Congress will be there. It is as simple an equation as adding and subtracting.

You need to make your local newspapers and television/radio stations understand the LOCAL IMPACT of this hearing on your area. If you do this, then the papers and stations will be more likely to decide to find a way to cover it. If you attend the Hearing then it will be that much more likely that your local media outlets will cover the Hearing.

You will need to use your persuasive skills to make sure that your papers and television/radio stations cover the Hearing. One thing that may be in your favor is the fact that the Pope will be in town on Wednesday in advance of his big Mass in Washington on Thursday. Media from all over the country will have traveled to DC to cover the Pope’s first trip to the US. Since they will already be here why not cover your story as well?

I need you to join with me in calling, faxing, and going in person to your Representative’s office and your local media companies to do everything in your power to get them to attend Wednesday’s Hearing. Nothing else is as important as this to our chances for success. Nag, nag, and nag some more – we need every Congressional supporter there at the Hearing.

As I wrote in yesterday’s Update, we still have time--if Congress acts now--to save as much of the summer season as possible.

Let’s make Wednesday’s Hearing a great success for the Save Small Business Bill.

Charge On.

Hank Lavery

JUST TWO DAYS UNTIL THE H-2B HEARING

I will be attending Wednesday’s H-2B Hearing before the House Immigration Subcommittee. I hope that you will be able to join me.

Event: House of Representatives Hearing on the H-2B Program
Date: Wednesday, April 16, 2008
Time: 2:00 PM
Place: 2141 Rayburn House Office Building

I don’t know about you, but all this attention on the Hearing as made me madder and madder about Congress’s absolute failure in not passing H-2B Returning Worker Exemption.

I am mad that Congress seems to care more about everyone else except for American workers and their small and seasonal business employers. It has been over six months since the Returning Worker Exemption expired, and it seems to me that some in Congress don’t seem to care that the American workers and their families who work for seasonal businesses unable to access temporary workers now face unemployment and loss of benefits. What are these innocent Americans going to do when their employers shutter their doors?

I am disgusted that American employers who have to fight through four separate Government agencies each year just to follow the law are the target of scorn and ridicule by organizations that know nothing about us. We are guilty of nothing except that we believe in our country and obligation to follow the law – the law written by Congress after all – no matter how difficult that may be. Meanwhile, these same organizations and their Congressional backers appear to be far more interested in helping those who did not follow the law, and those who assisted them in their law-breaking. Rewarding law-breakers and punishing law abiding citizens like us – how messed up is that?

And I am furious that you and I and thousands of our brothers and sisters around the country have had to fight this battle over and over and over and over. For four years we have had to return repeatedly to Congress to tell our story. And tell our story again and again. All of us have businesses to run, and spending all of this time away from doing what we do best has been a drain on resources. But there was absolutely no other choice for us. I understand this, but I am still furious that all of us had to keep at it for so long and had to fight long odds each time just to make sure that Congress did the right thing.

The H-2B Returning Worker Exemption first sponsored by Senator Mikulski in 2005 was an inspired piece of genius – simple, effective and limited. It protected America’s homeland security while ensuring that those who followed the law – employer and worker alike – could benefit while law-breakers could not. Extending it is long overdue – let’s go, Congress.

1. Job Number One: Get Your Member of Congress to SHOW UP AT THE HEARING

Your number one goal today through Wednesday is to get your Member of Congress to ACTUALLY ATTEND Wednesday’s Hearing and make a statement in support of the H-2B Returning Worker Exemption.

Here are the facts:

• This is easy for Representatives to do. The Hearing date, time and place have announced, and all that a Member of Congress has to do is to SHOW UP. Congressional courtesy normally dictates that Members of Congress who want to be recognized will be recognized.
• It is “Now or Never” time for our supporters in Congress (over 146 formal Co-Sponsors, and another 150 to 200 Members who have said that they are supporters but nonetheless did not sign on as formal co-sponsors for one reason or another) TO ACTUALLY DEMONSTRATE TO THEIR CONSTITUENTS WHO ELECTED THEM THAT THEY ACTUALLY WANT OUR BILL TO PASS.
• The House Leadership has refused to allow a vote on the H-2B Returning Worker Exemption – with a strong show of support by Members of Congress from both parties we can finally build the momentum necessary to get this Bill passed. Here is the chance (at last!) for our Members of Congress to do the closest thing they can short of voting.
• Again, all that the Member of Congress has to do is TO SHOW UP AND DO WHAT THEY DO BEST. WE WANT THEM TO MAKE A SHORT SPEECH IN SUPPORT OF THE SMALL AND SEASONAL BUSINESSES AND THE HARD-WORKING AMERICANS THEY EMPLOY.

We need the actual Member of Congress himself or herself to appear at the Hearing – NOT a staff member. As simple as this may seem, getting your Member of Congress to actually show up at the Hearing and making a statement in support of the H-2B program will not be easy. YOU NEED TO STAY ON TOP OF THEM, and call, write, fax and meet your Representative personally in order to get a solemn promise that he or she will attend and be heard. Appointments have undoubtedly already been scheduled for the 2 – 4 PM period on Wednesday – if this is not important enough to change their schedule around than nothing will be.

2. Job Number Two: Get your local Press to cover the hearing

Members of Congress are more likely to show up a hearing if they know that the Press from back home will be in attendance. And the Press is more likely to cover an event if they know that Members of Congress will be there. It is as simple an equation as adding and subtracting.

You need to make your local newspapers and television/radio stations understand the LOCAL IMPACT of this hearing on your area. If you do this, then the papers and stations will be more likely to decide to find a way to cover it. If you attend the Hearing then it will be that much more likely that your local media outlets will cover the Hearing.

You will need to use your persuasive skills to make sure that your papers and television/radio stations cover the Hearing. One thing that may be in your favor is the fact that the Pope will be in town on Wednesday in advance of his big Mass in Washington on Thursday. Media from all over the country will have traveled to DC to cover the Pope’s first trip to the US. Since they will already be here why not cover your story as well?

3. A Note About “Testimonials”

Many of you received requests from your national associations and others regarding writing testimonials that can be “inserted into the record.”

Right now, however, I need you to join with me in calling, faxing, and going in person to your Representative’s office and your local media companies to do everything in your power to get them to attend Wednesday’s Hearing. Nothing else is as important as this to our chances for success. Nag, nag, and nag some more – we need every Congressional supporter there at the Hearing.

We still have time, if Congress acts now, to save as much of the summer season as possible. We cannot give up. We cannot let down ourselves, our American workers or the communities across this great country that we serve.

Join with me to make Wednesday April 16 a great day for the Save Small Business Bill.

Charge On.

Hank Lavery

PREPARE FOR WEDNESDAY’S H-2B HEARING

As we informed you yesterday, the House Immigration Subcommittee has scheduled a formal Hearing on the H-2B program for next week. The details of the Hearing are:

Date: Wednesday, April 16, 2008
Time: 2:00 PM
Place: 2141 Rayburn House Office Building

There are two things we need you to do starting TODAY in preparation for the Hearing.

NUMBER ONE: Each of you needs to call, fax and MEET in person (if you can – Members of Congress should be home starting Friday and will remain home through Monday) your Member of Congress. You have ONE JOB to do: Get your Member of Congress to ACTUALLY GO to the Hearing to make a statement in support of the H-2B Returning Worker Exemption.

• Nothing could be easier for your Representative to do. The Hearing date, time and place have announced, and all that the Member of Congress has to do is to SHOW UP.
• Now is the time for our supporters in Congress (over 146 formal Co-Sponsors, and another 150 to 200 Members who have said that they are supporters but nonetheless did not sign on as formal co-sponsors for one reason or another) TO ACTUALLY DEMONSTRATE TO THEIR CONSTITUENTS WHO ELECTED THEM THAT THEY TRULY STAND WITH YOU.
• The House Leadership has refused to allow a vote on the H-2B Returning Worker Exemption – here is the chance (at last!) for our Members of Congress to do the closest thing they can short of voting.
• Again, all that the Member of Congress has to do is TO SHOW UP AND DO WHAT THEY DO BEST – MAKE A SHORT SPEECH IN SUPPORT OF THE SMALL AND SEASONAL BUSINESSES AND THE HARD-WORKING AMERICANS THEY EMPLOY.

It must be the Member of Congress himself or herself who appears at the Hearing – NOT a staff member. Staff members go to Hearings every day because it is their job. Members of Congress representing you need to go to this Hearing because this is the best chance to get our Returning Worker Exemption across the finish line.

As simple as this may seem, getting your Member of Congress to actually show up at the Hearing and making a statement in support of the H-2B program will not be easy. YOU NEED TO STAY ON TOP OF THEM, and call, write, fax and meet your Representative personally in order to get a solemn promise that he or she will attend and be heard.

NUMBER TWO: Please let your local newspapers, television stations and other media know about the Hearing. And make sure that they are represented at the hearing.

There is an old saying in politics that goes something like this: “If you want to guarantee that the politicians will show up, make sure that the papers and cameras will be there too.”

How do you get the press in your area to attend the Hearing when you may be far away from Washington? Simple – if you make your local newspapers and television/radio stations understand the LOCAL IMPACT of this hearing on your area, then the papers and stations may likely decide to find a way to cover it.

It will be even more likely for your local media outlets to cover the Hearing if you and/or colleagues decided to attend the Hearing as well.

Use your persuasive skills to make sure that your papers and television/radio stations cover the Hearing.

Update on the Hearing

We understand that there will be two panels, the first comprised of Members of Congress (and any other Members of Congress who come to the Hearing to make a statement) and second made up of opponents to the H-2B program and employers who have been forced to turn to the program because of the absence of available Americans willing to work in seasonal jobs.

The H-2B opponents will include, as we predicted yesterday, representatives of the Southern Poverty Law Center and an Organized Labor think tank. The Center’s representative has made a career out of calling the H-2B program “slavery”, which makes each of you slave owners. When I hear this word, and I see the impact that this sort of baseless accusation has on audiences, my blood boils. As a Caucasian, my family’s history in America did not include bondage in slavery. But this does not keep me from being outraged that this organization would dare to call the H-2B program slavery.

Here is a link to the Southern Poverty Law Center’s focus on the H-2B program. I share this with you because it is important for each of you to understand the hatred this group has tried to spit out against us throughout Capitol Hill.

http://www.splcenter.org/news/item.jsp?aid=247

We can also confirm that also invited to appear as witnesses on the panel will be two representatives of businesses that have had no choice but to turn to the H-2B program – one each from Michigan (Mackinac Island) and Massachusetts (Cape Cod).

There may be additional witnesses named.

That is all on this issue for now. STAY AFTER your Members of Congress and get them to show up at the April 16 Hearing. Get your press there. And, if you can, please come to Washington as well. This will not be a formal Fly-In, but we want to have a great presence at the Hearing. We want the room overflowing with Americans who understand the need for temporary foreign seasonal workers.

Below please find the latest listing of the House and Senate Co-Sponsors of the Stupak and Mikulski bills. This will help to remind your Representatives of the great support our Bill has in Congress. I have also included two articles – one from the York (PA) paper expressing outrage that Congress wants our “kids to drown”, and the other from Roll Call that details how the Republican Party is split over the H-2B issue.

GOVERNORS SUPPORT H-2B (pdf)

Worker Visas Create Division in GOP - rollcall.com

Let’s make Wednesday April 16 a great day. Congress’s failure to pass the Returning Worker Exemption has hurt our businesses, the American workers we employ, and the communities we serve. Congress needs to know that it is not too late to correct this failure.

I will be in contact with you once again on Monday.

Charge On.

Hank Lavery

CONGRESS SURPRISES EVERYONE BY CALLING A HEARING ON THE H-2B PROGRAM FOR NEXT WEDNESDAY

HOT OFF THE PRESS. The House Immigration Subcommittee has scheduled a formal Hearing on the H-2B program for next week. The details of the Hearing are:

Date: Wednesday, April 16, 2008
Time: 2:00 PM
Place: 2141 Rayburn House Office Building

The witnesses appearing before the Subcommittee will be comprised of both pro- and anti- H=2B program advocates. For the opponent of the program we anticipate that someone from the Southern Poverty Law Center (the people who repeatedly use the word “slavery” when describing EACH and EVERY H-2B EMPLOYER – yes, this means each of you) and someone affiliated with the Labor movement (the people who believe that you can magically conjure up American workers who are willing to work seasonal jobs out of nowhere just by throwing money at them) will appear.

On behalf of H-2B will likely be H-2B users from Michigan and Massachusetts.

In addition to this panel, we anticipate that the first part of the session will be devoted to Members of Congress who are on each side of the issue.

Needless to say, this is a big event for our issue. At this point, we need you to be aware that this is happening. We need you to:

1. Make sure that your Member of Congress knows about the hearing (most WILL NOT know about it yet), and let your Member of Congress know how much it would mean to you and your American workers if he/she would testify on behalf of the H-2B program;
2. If you can make it to Washington either alone or with one or more of your workers (American or H-2B), PLEASE try to come. We want a good turnout at the hearing.

That is all on this issue for now. I will be back to you tomorrow.

I close with a link to a National Public Radio story on the H-2B program that aired this morning. I have not had a chance to listen to it yet, but I want you to listen to it because the great majority of Members of Congress and Congressional staff listen to NPR every morning.

http://www.npr.org/templates/story/story.php?storyId=89490032&sourceCode=RSS

Charge On.

Hank Lavery

KEEP UP THE PRESSURE TO CONVINCE CONGRESS TO PASS THE 2008 SAVE SMALL BUSINESS BILL

Never a dull moment here in Washington especially when it involves the H-2B issue. Here’s what we know at this point. On Tuesday Rep Charles Boustany, Jr. (R) from Louisiana began a discharge petition to bring Rep Bart Stupak’s Save Our Small and Seasonal Businesses Act to the House floor for a vote. At the end of this message is a news release from Rep Boustany’s office.

This is a highly unusual move as it circumvents the normal protocol of attaching a bill through a committee or sub-committee. As you know, Save Small Business has advocated passage of S.988/H.R.1843, two bills that provide a clean passage of the H-2B returning worker exemption. PLANET is urging its members to support this effort, through the aforementioned “discharge petition”, and you can read more about this from PLANET at the end of this message.

Rep Stupak issued the following statement:

“While I certainly understand and share in the frustration over unsuccessful efforts to extend the H-2B program’s returning worker exemption, I will not sign Congressman Boustany’s discharge petition. I do not believe a discharge petition will be an effective course of action to provide an urgently-needed fix for seasonal businesses. My discussions with House leadership continue and I remain hopeful that they will lead to the quick action needed for seasonal businesses in northern Michigan and across the country.”

###

In closing, Save Small Business wants to thank you for the tremendous efforts you are making to get this bill passed. We will keep you posted as soon as we hear any developments. Below you will find more articles, a message from PLANET, and a news release from Rep Boustany’s office.

Republicans Meet Resistance in Sending H-2B Bill to House Floor - Workforce Management

Gerlach Lobbies For H-2B Visas - The Bulletin

Freshman Democrats Feel Heat on Immigration - cqpolitics.com

Lawmakers push for more seasonal “H-2B” immigrant visas - statesman.com

Limited visas hurt La. business - 2theadvocate.com

Foreign Workers Stay at Home - NPR

Without worker visas, businesses scramble to fill labor void - tradingmarkets.com

Boustany- American Small Businesses Need the Tools to Boost Our Stalling Economy

Washington, D.C. U.S. Representative Charles W. Boustany, Jr., MD, R-Southwest Louisiana, began a discharge petition to bring Rep. Bart Stupak’s Save Our Small and Seasonal Businesses Act to the House floor for a vote.

The original Stupak Small Businesses Act is critical to preventing local economies around the country from stalling, Boustany said. Businesses with seasonal demand need access to temporary, seasonal workers such as crawfish peelers. America’s small businesses need a solution, and this bill is the best option to resolve this looming economic disaster. After voting to stimulate the economy, it's inconceivable that we wouldn't pass a bill that costs nothing but will give many small businesses a needed shot in the arm. To do anything less would be irresponsible. I will work with members on both sides of the aisle to pass this broadly supported H-2B fix.

Boustany introduced H. Res. 1025 providing for immediate consideration of Congressman Bart Stupak’s (D-MI) Save Our Small Businesses Act, which increases the number of potential H-2B workers by reauthorizing the returning worker program. Businesses across the country depend on temporary workers to meet their seasonal demand.

H-2B visas are temporary visas for non-agricultural jobs. For the past three years, Congress has allowed H-2B workers who worked legally in the US during one of the previous three years to return to the US under an H-2B visa and not count against the cap. The arbitrary cap is 66,000 workers, but last year approximately 120,000 workers came in to the US for a temporary time through this returning worker program.

This year, the Hispanic Caucus decided to block this returning worker program in hopes of using H-2B employers to pressure members of Congress. The Boustany discharge petition requires a majority of Congressional signatures to bring the Stupak measure to the House floor.

###

Rick Curtsinger
Press Secretary
Congressman Charles W. Boustany, Jr. MD

PLANET: PROFESSIONAL LANDCARE NETWORK — Legislative Update

Increased Enforcement, No H-2B Resolution, No Good Solutions for Employers YOUR IMMEDIATE ACTION IS NEEDED TODAY!

Please call your U.S. representative through the Congressional Switchboard today at (202) 225-3121 and encourage him or her to sign the Boustany discharge petition and support any efforts to pass an immediate extension of the H-2B returning worker exemption. Ask to speak to the staff person who handles immigration issues, and explain the direct impact the lack of H-2B workers is having on your business. Please also take the time to reiterate your demand in writing by sending a letter through the PLANET Web site. Please read below for more details.

As you well know, employers continue to face increased immigration enforcement pressure from the federal government, as well as state and local governments; yet, Congress has failed to fix the one program that allows the landscape industry to maintain its commitment to a legal workforce — the H-2B program. Congress’ failure to renew the H-2B returning worker exemption before now is placing great hardship on previously thriving family businesses and has already resulted in many millions of dollars of lost revenue this year.

The luckiest in our industry look forward to getting their H-2B employees next month and recovering some of the spring season. The consequences of Congress’ inaction are more detrimental for the majority of companies that see no prospects for additional workers unless Congress acts immediately.

Earlier this week, the Department of Homeland Security (DHS) released a modified version of its Social Security “No-Match” rule that was previously issued on August 15, 2007. While ANLA and PLANET are reviewing the details of the supplemental rule, it appears that DHS continues to ignore the significant burden the rule places on small businesses. Increased penalties against employers for immigration violations also took effect this week. In addition, there continues to be increased pressure at the federal, state, and local levels to mandate employee verification. All of these activities underscore the need for comprehensive immigration reform, but it is clear that legislative efforts to address broader immigration issues are unlikely to succeed this year. The Congressional Hispanic Caucus has been working on a “mini-immigration” package that more than likely would have included an effort to address the H-2B problem, but that effort faces stiff opposition from diverse groups and has not yet produced any actual legislation. For the landscape industry, we are already suffering major loses as a result of the expiration of the H-2B returning worker exemption and cannot wait until some type of broader immigration compromise can be reached. We need Congress to immediately extend the H-2B returning worker exemption as proposed by the “Save Our Small and Seasonal Businesses Act of 2007” (S. 988, H.R. 1843).

Congress must be forced to act on H.R. 1843. For this reason, PLANET and ANLA are supporting a discharge petition filed by Rep. Charles Boustany (R-La.) on H.R. 1843. Two hundred and eighteen signatures are required on a discharge petition to remove the bill from committee jurisdiction and bring the measure to the House floor for a vote. These measures can be an effective tool in pressuring the leadership to act on legislation.

CHARGE ON!

Hank Lavery

CONGRESS RETURNS BACK TO TOWN TOMORROW

We need to make a final push to convince Congress to pass the 2008 Save Small Business Bill

Tomorrow, Tuesday, April 1st, Congress will return from recess ready to tackle many unresolved and very important issues facing the America people. One of these, of course, is the H-2B crisis. Congress needs to hear back from you on Tuesday. Tell them they need to address the Mikulski and Stupak Save Small Business Bills (S.988 & H.R.1843) and get it passed now. THIS ISSUE IS PARAMOUNT TO THE SUCCESS OF YOUR COMPANY AND ULTIMATELY SMALL AND SEASONAL BUSINESSES THOUGHOUT THE COUNTRY.

As you know, Save Small Business has advocated passage of S.988/H.R.1843, two bills that provide a clean passage of the H-2B returning worker exemption. We also want to bring to your attention an effort underway to force a vote on the Stupak Bill. PLANET is urging its members to support this effort, called a “discharge petition,” and you can read more about this from PLANET at the end of this message.

We are in a position that most of you recognize – Congress must act, but it will not do what you need them to do unless you continue to educate them about the returning worker exemption. Call your Representatives and Senators to let them know how frustrated you are and how dire your situation is.

Talking Points for your efforts with elected officials and the media:

• You have exhausted all resources trying to hire American workers – it is because you have been unsuccessful that you desperately need temporary H-2B workers.
• This program has been a success. Despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program, it still solves the temporary worker shortage.
• 45 Senators and 145 Representatives are offical Co-Sponsors of the Mikulski and Stupak Save Small Business Bills (S. 988 & H.R.1843).
  • Ask all Co-sponsors to take this Bill to the next level and get it VOTED ON and PASSED by Congress.
  • If they are not a co-sponsor, keep pushing to get them to become a Co-Sponsor.
• This is the most bi-partisan Bill in Congress today, united Democrats and Republicans, Conservatives and Liberals.
• This IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE. It is American jobs on the line, and American communities who will lose out if these small businesses cannot get the workers they need.

Here are links to more stories that have been published about the crisis:

Political Economy: Life Takes Visas - cqpolitics.com

Mackinac Island braces for fewer workers this summer - Detroit Free Press

Defining nonimmigrant work visas - Detroit Free Press

Thank you for all that you are doing to get this Bill passed.

CHARGE ON!

Hank Lavery

LESS THAN ONE WEEK BEFORE CONGRESS RETURNS TO WASHINGTON, DC!

MEDIA STORIES FROM PENNSYLVANIA,VIRGINIA & MARYLAND!

On Tuesday, April 1st, Congress will return from recess ready to address the important issues facing America today. No doubt they will address agenda topics including the Mikulski and Stupak Save Small Business Bills (S.988 & H.R.1843).

Please continue to contact your elected Representatives and Senators to let them know how you need this bill to be passed NOW. It is almost April and you and your business cannot understand why it has not been passed. Please tell them:

• How you have exhausted all resources trying to hire American workers – it is because you have been unsuccessful that you desperately need temporary H-2B workers.
• How successful this program has been – despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program;
• How 45 Senators and 145 Representatives have stood up as Co-Sponsors of the Mikulski and Stupak Save Small Business Bills (S. 988 & H.R.1843).
  • Remember, if they are a co-sponsor, THANK THEM! Ask them to take it to the next level and get the bill to a vote on the floor.
  • If they are not a co-sponsor, ask why not? Get the Representative or Senator to take a leading role in pushing the Save Small Business bill through Congress.
• How this is the most bi-partisan Bill imaginable.
• And, finally, how this IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE.

In the following links you will read more about the national coverage for our crisis. Thank you for keeping us in the media.

In visa dispute, businesses face summer worker gap - www.baltimoresun.com

Dispute over visas has ripples at Shore - www.philly.com

Bordering on disaster - www.newsvirginian.com

CHARGE ON!

Hank Lavery

YOUR REPRESENTATIVES AND SENATORS NEED TO HEAR FROM YOU WHILE THEY ARE HOME FOR BREAK!

It is hard to believe that tomorrow is the first day of Spring. For many of you it is serious crunch time as you gear up your businesses for the season. Lawns need to be serviced, lifeguards need to be recruited, restaurants need to hire wait and cook personnel. You get the picture. What’s missing to make this happen? Enough seasonal and temporary American workers to make this happen that’s what.

We must communicate this to the very people we elected to make this happen. While we are still hearing optimistic reports about the prospects for Congress finally voting on H.R. 1843 and S.988, it is certainly not a done deal. To get our Bill passed we need to contact Congress while their at home and tell them how dire this has become for your business. Your livelihood is on the line. Even though Congress is on recess until April Fool’s Day, we can not let down.

You must continue to call your reps and explain your situation. Please be sure to tell them:

• How successful this program has been in the past.
• How you have exhausted all resources trying to hire American workers – it is because you have been unsuccessful that you desperately need temporary H-2B workers..
• How The Mikulski and Stupak Save Small Business Bills (S. 988 & H.R.1843) have support from 45 Senators 145 Reps.
  • Remember, if they are a co-sponsor, THANK THEM! Ask them to take it to the next level and get the bill to a vote on the floor.
  • If they are not a co-sponsor, ask why not? Get the Representative or Senator to take a leading role in pushing the Save Small Business bill through Congress.
• How this is the most bi-partisan Bill imaginable.
• And, finally, how this IS NOT AN IMMIGRATION ISSUE, but rather an AMERICAN WORKER and SMALL BUSINESS ISSUE.

Here is a list of more national media coverage of the H-2B crisis.

1. From the Rocky Mountain News:

Visa cap leaves ski resorts short-staffed

2. From the Cape Cod Times:

Housing key to getting summer help

3. From the Times-Picayune:

SHORT HANDED

4. From KMVT in Southern Idaho:

Small Magic Valley businesses say temporary workers via H-2B progam are needed

In closing I can not reinforce the importance of staying after your Congressional delegation back home. So much is on the line. So much time has passed without relief.

Let’s make it happen.

Let’s CHARGE ON NOW!

Hank Lavery

CONTACT CONGRESS WHILE THEY’RE AT HOME!

While we are hearing optimistic reports about the near future passage of H.R. 1843 and S.988, we have not crossed the goal line. Congress has left Washington, DC and will not return until Monday, March 31st. What does that mean to you? It means you should be calling your Reps while they are at home. What should you be telling them? Simply tell them your story. Tell them:

Talking Points

• Failure to extend the H-2B returning worker visa provision last year threatens thousands of small and seasonal businesses and thousands of American jobs.
• Small businesses are already preparing to close their doors and to lay off American workers.
• America's small businesses and the American full-time workers they employ and support are the backbone of our economy.
• The H-2B visa returning worker extension MUST be passed IMMEDIATELY.
• H.R. 1843 and S. 988 are currently before the Congress. These Bills would simply extend the highly-successful H-2B Returning Worker Exemption that:
  • Protects and promotes Border Security;
  • Rewards employers and workers who FOLLOW THE LAW;
  • Ensures that foreign workers can fill ONLY THOSE JOBS THAT REMAIN UNFILLED BY AMERICANS.
• Any temporary extension of the H-2B Returning Worker Exemption MUST BE CLEAN, and therefore free of over-reaching labor provisions whose goal is not to increase oversight of the program, but instead are clearly designed to kill the program.

First, the New York Times published a major story on the H-2B crisis in its Friday edition. The Times is one of the two or three most important newspapers in America, and is read by EVERY office on Capitol Hill. Please make sure that you include a copy of this article when you next communicate with your Senators and Representatives. We are seeing additional articles published as well – we will include these in upcoming Updates.

Second, we have several new Senators and Representatives who have joined our effort as co-sponsors. We now have 45 Senators and 145 Representatives as Co-Sponsors of the Mikulski and Stupak Save Small Business Bills. Democrats, Republicans, Conservatives and Liberals have all teamed up on the Bill. This is the most bi-partisan Bill imaginable.

Stay after your Congressional delegation back home. Make sure that your elected officials understand what they need to do as soon as they return: They must pass the Save Small Business bill!

Charge On.

Hank Lavery

MARCH 12 FLY-IN: 120+ SSB MEMBERS TAKING CHARGE ON THE HILL!

What an amazing effort yesterday by all of you who were able to make it to the Fly-In. We had over 120+ SSB members visiting Congress explaining our story… THANK YOU, THANK YOU, THANK YOU. To all of you who made phone calls yesterday… THANK YOU, THANK YOU, THANK YOU. As we walked into several members’ offices, the phones were ringing off the hook from all of you explaining the need to pass this legislation now! We’re keeping up the pressure and we will not back down.

As we traveled from office to office, what we also heard was that our meetings and phone calls have injected even greater purpose into helping America’s small and seasonal businesses. All we want Congress to do is help the H-2B program and American businesses by passing legislation that allows us to do so.

At this point we’re hearing that it is unlikely that Congress will pass our bill before the Easter and Passover break. While this is disappointing, we need to CHARGE ON! Congress will be home for two weeks and this is your chance to communicate with them on your own turf. Let’s get this across the finish line by keeping up the pressure at home while they’re out on break. We can not and we will not stop until we succeed.

Until you hear from us next week, CHARGE ON! CHARGE ON!! CHARGE ON!!!

Hank Lavery

President

Emergency Fly-In/Fone-In

If you cannot be in Washington on March 12th for the H-2B Emergency Fly-In, here are talking points for you to use when making your NON-STOP calls to your Representatives and Senators. Start at 9:30 AM Eastern Time, and keep calling through the day until 5 or 6:00 PM. Get your family members, staff, suppliers, colleagues, Chamber reps, association reps and everyone else to CALL, CALL, and the CALL some more.

Here are the Talking Points:

AMERICA NEEDS THE H-2B RETURNING WORKER EXEMPTION NOW!

Emergency Save Small Business Fly-In: March 12, 2008

BACKGROUND

American workers and communities across the United States need H-2B temporary workers. The simple truth is this – there just are not enough Americans who are ready, willing, and able to fill full-time seasonal temporary jobs.

Either Congress solves this jobs crisis by passing the H-2B returning worker exemption, or Congress chooses to turn its back on American year-round workers employed by these same businesses and the automotive, equipment, and other manufacturing companies that supply them.

H.R. 1843 and S. 988 are currently before the Congress. Each would extend the H-2B Returning Worker Exemption. There are 140 House and 40 Senate Co-Sponsors.

TALKING POINTS

• Failure to extend the H-2B returning worker visa provision last year threatens thousands of small and seasonal businesses and thousands of American jobs.
• Small businesses are already preparing to close their doors and to lay off American workers.
• America's small businesses and the American full-time workers they employ and support are the backbone of our economy.
• The H-2B visa returning worker extension MUST be passed IMMEDIATELY.
• H.R. 1843 and S. 988 are currently before the Congress. These Bills would simply extend the highly-successful H-2B Returning Worker Exemption that:
  • Protects and promotes Border Security;
  • Rewards employers and workers who FOLLOW THE LAW;
  • Ensures that foreign workers can fill ONLY THOSE JOBS THAT REMAIN UNFILLED BY AMERICANS.
• Any temporary extension of the H-2B Returning Worker Exemption MUST BE CLEAN, and therefore free of over-reaching labor provisions whose goal is not to increase oversight of the program, but instead are clearly designed to kill the program.

Charge On, Charge On.

Hank Lavery

Make Wednesday March 12, 2008 a Truly Great Day for H-2B

Congress has woken up to the fact that the H-2B crisis threatens the overwhelming majority of Congressional Districts. Time is short, but we understand that Congress (at the highest level) is discussing possible H-2B solutions RIGHT NOW. We are talking about a solution for this year, next year and beyond!

FLY-IN: We need you in Washington on Wednesday, March 12th:

This week could be pivotal in the battle for returning workers. This is why we have scheduled an Emergency Fly-In for March 12. We need as many people as possible to come to Washington to meet with their Members of Congress – and with the staff and Members from the districts of our colleagues and friends who cannot join us on Wednesday.

There is no substitute for the face-to-face exposure you get during the Fly-In. The Members and their staffs have to look you in the eye, and you get the opportunity to get through to them with your company’s story. IF YOU CAN COME TO WASHINGTON, PLEASE MAKE YOUR ARRANGEMENTS RIGHT NOW.

Here is what you need to do TODAY:

• Make travel arrangements (we understand that there may be rooms available at the Best Western Capital Skyline Hotel (202-488-7500, located a few blocks from the House Office Buildings at 10 I Street, SW, Washington, DC 20024). Otherwise there are many hotels throughout Washington – you will need to make your own arrangements. Please remember that the House of Representatives offices are located next to the Capitol South Metro stop (on the Blue/Orange line of the Washington Metro), so hotels in Arlington and Crystal City, VA are also very convenient for Wednesday’s Fly-In);
• Call your Representative’s office (and other Representatives you have a link to) to let them know that you are coming to town and want to meet your Member of Congress. (NOTE – Expect the scheduler to be a problem. This is very short-notice, and Members of Congress are busy. However, YOU WILL MEET YOUR MEMBERS if you come to Washington – you will just need to be tenacious and persistent. Don’t mind what the scheduler says);
• If you have not done so already, please let us know that you plan to be in Washington. RSVP to CCassard@savesmallbusiness.org.
• In preparing for your trip to Washington, visit your Representative’s website by going to www.House.gov. On the site you will find his or her biography, and also the committees and subcommittees your Representative is a member of. These committees and subcommittees also have their own sites on www.House.gov – by accessing these sites you will be able to find out if and when these committees and subcommittees are meeting on the 12th. You can bet that your Representative may be making appearances at these hearings, and you may be able to meet up with him or her before or after the appearance.
  Remember always this fact: Your Representative and Senators WORK FOR YOU. How can then know how to best serve you if you have not told them what you need from them?

DETAILS for the March 12 Fly-In:

• Briefing: 8:30 AM in the Longworth House Office Building Cafeteria (Independence & New Jersey Aves., SE)
• Meetings: 9:00 AM to 4:00 PM (or later, if you have the energy) Feel free to meet with Senators if you wish. Focus is on House
• SSB Break: Hank and Claire will also be in the Longworth Caf from 12 to 1
• Materials: SSB will have Talking Points for you to use and share

FONE-IN: If you cannot make it to Washington, spend all day on the 12th making phone call after phone call. When you are not making calls, get others to call as well:

At the same time, we recognize that not everyone can physically be here on Wednesday. For those individuals stuck at home, we need you to be on the phones. Like you did with the Democratic Retreat and the White House, we need you to get your American workers, colleagues, business partners, suppliers and family members to call Congress as well. Here is the message that EVERYONE NEEDS TO MAKE:

Talking Points for your calls to Congress: March 12, 2008:

• Failure to extend the H-2B returning worker visa provision last year threatens thousands of small and seasonal businesses and thousands of American jobs.
• Small businesses are already preparing to close their doors and to lay off American workers.
• America's small businesses and the American full-time workers they employ and support are the backbone of our economy.
• The H-2B visa returning worker extension MUST be passed IMMEDIATELY.
• H.R. 1843 and S. 988 are currently before the Congress. These Bills would simply extend the highly-successful H-2B Returning Worker Exemption that:
  • Protects and promotes Border Security;
  • Rewards employers and workers who FOLLOW THE LAW;
  • Ensures that foreign workers can fill ONLY THOSE JOBS THAT REMAIN UNFILLED BY AMERICANS.

Congress is running out of time to fix this emergency and save the summer season. Congress will soon be in recess yet again, and the H-2B returning worker provision needs to pass before they leave Washington.

When you speak with Members of Congress, in addition to using the Talking Points above, don’t forget to TELL YOUR STORY. Get across the urgency that you feel, and that your year-round full-time American staff feels.

Today’s headline article from the Detroit Free Press is especially important because it comes from the hometown newspaper of the Chairman of the House Judiciary Committee. All immigration matters have to go through him, so perhaps he will understand from the article how the H-2B crisis is hurting his home state of Michigan.

Charge On.

Hank Lavery

EMERGENCY ALERT – FLY IN WED., MARCH 12TH

Congress is acting on legislation related to seasonal workers RIGHT NOW.

We know this is short notice but we’ve been asked to activate our grassroots network to come to the Hill in the coming week.

Everyone who can make it please come to Washington, DC on Wednesday, March 12th, to educate members of Congress about the desperate situation each of us faces.

H-2B Emergency Fly-IN

• Date: Wednesday, March 12
• Time: 8:30 am - ? (all day long)
• Place: Longworth HOB Cafeteria

The briefing will start promptly at 8:30 am in the Longworth HOB Cafeteria.

More details will follow on Monday. Right now we want you to have a chance to make arrangements if you can to come to Washington, DC. Please do your best to make it.

This could be it folks. It’s all or nothing time right now.

Charge On like never before!

Hank Lavery

Make your Calls to Congress TODAY – H-2B and other Legislation is Back in Business!

The word in Washington is simple: the House of Representatives is seriously discussing extending the H-2B returning worker exemption.

Yes, your calls, faxes, articles and all other forms of communication are working. We do not have details of what Congress will ultimately come up, but we do know that:

1. Republican and Democratic House Members are discussing the H-2B program (and also apparently they are discussing other legislation as well that involves foreign workers in other programs);
2. As Congress gets serious about our issue, we need to remember that our Representatives and Senators NEED CONSTANT EDUCATION about the importance of the H-2B program and the fact that small and seasonal businesses need their workers NOW if they are to survive the coming summer season;
3. Each of us needs to return to calling our Representatives and Senators TODAY and keep calling TOMORROW, FRIDAY and EVERY DAY NEXT WEEK about the H-2B crisis.

Congress still has time to fix this and save the season. However, time is running out, and Congress knows this. In another week or two