I never thought I would be writing this e-mail. Congress closed up its shop for the holidays and left town yesterday without extending the H-2B Returning Worker Exemption. Congress' inaction now threatens the jobs of American workers employed throughout our country by small and seasonal businesses.
What do all of us do now?
1. First, you need to send a message of gratitude to our Members of Congress and US Senators for the efforts they made on your behalf. While every Member of Congress and Senator share in the responsibility for the failure of the 2007 Save Small Business bill, most of them did work hard to try to get it passed.
I have prepared points for you to include in your letters (please FAX these to the Senate and House offices, or deliver them by hand to their local offices in your state).
2. Second, you and your employees need to understand how much you have done to put this on the forefront of the issues currently before Congress. No, we did not win this before Congress went home, but we did make Congress understand that this is an American Jobs and a Small Business issue.
Our success in early 2008 will largely depend on how successful we are in returning our message to our Small Business and American Job roots. OURS IS NOT AN IMMIGRATION ISSUE - IT HAS NEVER BEEN AN IMMIGRATION ISSUE, AND IT NEVER WILL BE AN IMMIGRATION ISSUE. Since they are focused on immigration issues, our SAVE SMALL BUSINESS bill should never have been pulled into discussions with the Congressional Hispanic Caucus.
3. Third, you need to prepare to return to the fray right after the New Year. The 2007 Save Small Business bill is still before the Congress. We have 128 House Co-Sponsors (many more came onto the Bill just this week) and 38 Senate Co-Sponsors.
We need to rest, catch our breath, and build on the support that we have created for our efforts. And then we need to win this battle. ASAP.
I am angry. We all are angry. At this point the best thing that we can do is to use this anger to strengthen our resolve for the continuation of the fight. However, even though Congress let us down, DO NOT TAKE YOUR ANGER OUT ON YOUR SENATORS OR REPRESENTATIVES.
This will be my last Update until 2008. My family and I will be out of town visiting my wife's family. I will respond to your calls and e-mails when I get back, so keep them coming.
Though all of us are bitterly disappointed by Congress' decision to leave us in the cold, we have no choice by to CHARGE ON.
Happy Holidays from Save Small Business and the Hank Lavery family.
Hank Lavery
The House of Representatives Voted Last Night to Ignore America’s Workers and Small Businesses – Omnibus Appropriations Legislation Passed by House in Middle of Night DOES NOT Include 2007 Save Small Business Bill
The House of Representatives last night delivered a clear and strong message to the US workers permanently employed by America’s small and seasonal businesses and by the thousands of companies that provide supplies and equipment to the small business sector.
The message delivered by the House is “WE DON’T CARE ABOUT YOU, YOUR FAMILIES OR THE COMMUNITIES THAT DEPEND ON YOU.”
Each of us will continue to hear the same old “pass-the-buck” bologna from House members who are eager to assure you with this message: “It was not me – it was the ______________ (fill in the blank with a favorite villain – Democrats, Republicans, Hispanic Caucus, Unions, Liberals, Conservatives, etc.).” Your Representative will continue with, “I fought hard to help you – it was the other people who refused to join with me.”
Don’t buy into any of this. Each of the 435 Members of the House of Representatives let you down. My Member, your Member, and everyone else’s Member. Co-Sponsors, supporters and, especially, House Leaders on both sides of the political spectrum LET US DOWN. This may have been the most bipartisan Bill ever in this arena, and still the House of Representatives failed to pass it.
No way is this the end for us this year. Congress is supposed to remain in Washington for a few more days. We must continue to battle to get the 2007 Save Small Business bill through Congress. If the Omnibus is not available, then Congress needs to pass the Bill through some other mechanism.
Every year Congress passes all sorts of terrible legislation at the last minute (normally in the dead of night) – what is stopping Congress from passing something that is good for America for a change, like the 2007 Save Small Business bill?
I am not stopping my efforts. And neither should you.
THIS YEAR’S H-2B BATTLE IS NOT OVER UNTIL IT IS OVER!
Here is what we want you to do today:
Folks, our backs have been up against the wall before. And we have NEVER SAID NEVER! We have always refused to give up. That has been the key to the success of Save Small Business. And this will be the key to our success again.
CHARGE ON like you have never charged on before!
Hank Lavery
The House and Senate extended their deliberations a few days, meaning that Congress is expected to continue its work at least through Thursday (and maybe later). Then Congress will vote on the final Bill of the year and go home for the holidays, not returning to Washington until well into 2008.
At the end of this week, either Congress will have chosen to help America’s small and seasonal businesses and the American workers across our great country dependent on these businesses for their jobs, or Congress will have decided that keeping Americans employed in good-paying jobs is not so important.
Nothing could be simpler. The stakes could not be higher.
The key leaders in Congress who need the attention of your Senators and Representatives are:
Keep making your calls this week. If you hear negative news from your Member of Congress or Senators, or if they tell you that any problems with our Bill are coming from a certain caucus, the other Party (Democrats saying that Republicans are the obstacle, or Republicans saying that Democrats are the problem), or any other group, you need only to be very frank and direct with your elected officials. You need to say the following to your elected officials and the staff members who represent them:
“Sir (or Madam), we elected you – not anyone else – to represent us. American workers and small businesses in your state need your help. We are desperate. Since you are the elected official we sent to Washington, my American workers, my community and my colleagues will have only one person to hold accountable if the 2007 Save Small Business bill does not pass. That person is YOU.”
Several of you have let us know that you will be returning to Washington this week to press the issue directly with your Members of Congress and Senators. If you are within driving distance of Washington, we encourage you to make your voices heard in person. We will not have a formal Save Small Business Fly-In, but please know that since others will also be walking the halls of Congress, you will not be alone.
This year’s battle will not be over until Congress calls it quits. We will never say die.
You are doing great. Let’s keep it up.
Charge On.
Hank Lavery
Thanks to all of you, the 2007 Save Small Business bill still has a chance of being included in the final legislation that Congress will pass before it adjourns for the year.
Earlier this week, I asked each of you to make calls to your two Senators to direct them to get the Senate Majority Leader to include the H-2B Returning Worker Exemption in the Bill that Congress has to pass before it goes home for the year. I need you to keep up those calls.
As you know, this horrible situation continues to make absolutely NO SENSE to anyone. Congress must act now to avert complete disaster. We have had keep reminding the associations you belong to that YOUR BUSINESSES ARE THE LINE - this is no time to back off on the calls. This is also no time to blame the Hispanic Caucus or any other group for the Bill not getting through yet.
You have power over ONLY THREE PEOPLE IN CONGRESS - your two US Senators and your Representative. Americans living far away from your home elected everyone else in Congress. If this issue is important enough to your elected officials, then they will make it their priority to get this Bill through. The most important thing that you need to keep reminding them is:
If your Senators and Representative care about American jobs, small businesses and the future of your community, then they will do what they have to do in order to get this Bill passed.
Keep directing your employees, your spouse and others who are dependent on your business to make calls to Congress. If this Bill does not pass, many of your American workers will be out of a job. Many of those working for your suppliers and equipment manufacturers will forced out of work as well.
How will these AMERICANS be able to provide for their families if they no longer have a job?
The instructions for these calls are the same as for your calls. Here is what I need everyone to do.
All day today (and, if you can, make some calls to the home district office over the weekend and then go back full throttle again on Monday morning), please call your Senators and Representative t least once EVERY HOUR. Your employees, your colleagues and your friends/family members need to make telephone calls to Congress. The call should be to the following people:
Their message to your Senators should be SIMPLE and STRAIGHT-FORWARD:
Please find everyone you can and tell them to call 202 224-3121 and ask for your Senators offices. If you feel like calling Senators Reid and McConnell directly, you can reach them at this number as well.
Here are TALKING POINTS for your employees, spouses and suppliers:
A. YOUR EMPLOYEES should tell their Senators (or staff) the following:
B. SPOUSES should tell their Senators (or staff) the following:
C. YOUR SUPPLIERS AND EQUIPMENT MANUFACTURERS should tell their Senators (or staff) the following:
Thank you for your calls and e-mail updates - keep them coming in.
Charge On. Charge On.
Hank Lavery
This is the second Save Small Business Update that I am sending to you today. In the first Update I asked each of you to make calls to your two Senators to direct them to get Senate Majority Leader Harry Reid to include the H-2B Returning Worker Exemption in the Bill that Congress has to pass before it goes home for the year.
Now I am asking you to direct your employees, your spouse and others who are dependent on your business to make calls to Congress. If this Bill does not pass, many of your American workers will be out of a job. Many of those working for your suppliers and equipment manufacturers will forced out of work as well. Today’s article in the St. Louis Post-Dispatch (reproduced at the end of this Update) says it all.
If these AMERICAN workers no longer have a job, how will they be able to provide for their families?
The instructions for these calls are the same as for your calls. Here is what I need everyone to do.
Starting at 11:30 AM today (or as soon as people can begin), and then continuing at least once EVERY HOUR through close of business Thursday, your employees, your colleagues and your friends/family members need to make telephone calls to Congress. They need to call the following people:
Their message to the Senators should be SIMPLE and STRAIGHT-FORWARD:
Please find everyone you can and tell them to call 202 224-3121 and ask for your Senators offices. If you feel like calling Senator Reid directly, you can reach him at this number as well.
Here are TALKING POINTS for your employees, spouses and suppliers:
At the end of this message please read a story from the St. Louis Post-Dispatch that discusses that disastrous ripple effect spreading from Congress’s REFUSAL TO COME TO THE ASSISTANCE OF AMERICAN WORKERS AND AMERICA’S SMALL AND SEASONAL BUSINESSES!
This horrible situation continues to make absolutely NO SENSE. Congress must act now to avert complete disaster.
Remember, American jobs are on the line. Your business is on the line. The future of your community is on the line.
Get your people to make those calls. Keep calling or e-mailing me with updates, comments or questions.
Charge On. Charge On.
Hank Lavery
We have been on an up and down roller-coaster these past few days. Informal reports from Capitol Hill have been up and down, and then up and down again. One report says we are in good shape. Then we hear other reports that, despite all of our hard work and determination, we have fallen short.
There are only three things that we know for sure:
As you know, I live by the belief that everything is possible so long as we keep working hard together. And this is what we need to do right now.
Just like we did last week, we need to put our attention on the Senate Majority Leader and the House Leadership. Here is what I need you to do.
This fight is not over until it is over. American jobs are on the line. Your business is on the line. The future of your community is on the line.
Make those calls. Call or e-mail me with updates, comments or questions.
Charge On. And keep on Charging!
Hank Lavery
All I can say is WOW! We had over 700 people from every corner of our Nation descend on Capitol Hill yesterday for our Save Small Business Fly-In. For you who were with us, thank you for your great work.
For those of you who failed to come to Washington, your responsibility now is to work twice as hard to meet your Representatives and Senators FACE-TO-FACE when they are back home starting Friday (tomorrow).
As great as yesterday’s Fly-In (and today’s Fly-In Part II – many of you stayed an extra day to complete your meetings), we have succeeded only in letting Congress understand how important the 2007 Save Small Business bill is to their constituents and American workers from coast-to-coast. You helped your elected officials understand even more that this is not an immigration issue.
Over the next two weeks, each of us needs to keep in constant contact with our Representatives and Senators and their respective staffs to continue conveying the message that the H-2B issue is about (1) preserving American jobs and (2) keeping America’s small and seasonal businesses in business.
Here is what I need you to do RIGHT NOW:
You did an awesome job yesterday.
Here are a few of the many high points:
If you have a highlight to share let us know!
Thank you for all that you are doing for American workers and for small and seasonal businesses.
CHARGE ON!
Hank Lavery
We are less than two days away from the December 5/6 H-2B Emergency Fly-In. I hope that all of you have been in contact with your Senators and Members of Congress, and that you have your meetings set up. The final schedule of activities is listed below. I look forward to seeing all of you.
At this point, we need everyone to STAY POSITIVE in your messages. Tell your stories. Let them know what the impact will be. However, in doing so, please do not go negative regarding the groups who have been reported to be in opposition to this issue.
The key points for you to stress are:
In case you missed it, PLANET released a report last week showing conclusively that the impact of the H-2B Disaster can be felt in every corner of the United States, including in communities where America’s automotive workers live and work. As each of us knows, the H-2B Disaster has never been an immigration issue – it is and always will be a small business issue. And when it comes to purchasing or leasing vehicles and equipment, it also becomes a union issue.
The reason why workers at auto and equipment plants should be concerned is simple: Job Security. Automotive workers and their families will likely be hurt when—because of a shortage of US temporary workers—seasonal and small employers will be forced to significantly cut back business activities or even go out of business altogether. Forced to curtail operations, these businesses will have no choice but to reduce the number of trucks, cars and equipment that they will be able to purchase or lease in 2008.
This could make an already-soft truck, auto and equipment sales market even softer.
The impact of a cut-back in truck, car and equipment purchases by these small and seasonal employers could be devastating. One of the affected industries – the landscape industry – alone is responsible for the annual purchase or lease of the following trucks, cars and equipment:
In its November 2007 report, PLANET (a national association representing 2,800 of America’s estimated 70,000 landscape companies) estimates that its members participating in the H-2B program alone spend approximately
We understand that the vehicles (trucks and cars) described above are primarily manufactured by Ford, Chevy, Dodge and GMC, and that the landscape equipment described above is primarily manufactured at US plants by Caterpillar, John Deere, Toro and others.
Please note that PLANET’s figures come from just 2,800 companies. These companies represent just a fraction of the landscape industry’s total expenditures since there are an estimated 70,000 landscape companies currently in business in the US.
Moreover, the landscape industry is just one of dozens of industries that have been forced to turn to H-2B workers to address chronic shortages of US workers willing to work in seasonal jobs. Each of these industries will be irreparably harmed if Congress does not pass needed legislation immediately.
Solving the H-2B Disaster will require Congress passing the Save Our Small and Seasonal Businesses Act of 2007. By passing this Bill, Congress will ensure that the cornerstone of the US economy – small businesses – can continue to operate. These companies employ fulltime American workers. The vendors and manufacturers from whom they purchase their motor fleets, equipment, supplies and other needed inputs are also able to employ fulltime American workers as a result of the business they transact.
Please let your local car, truck and equipment dealers understand that the failure to pass the 2007 Save Small Business bill will hit them hard. If you are located close to a UAW local (or to plants that manufacture the trucks, cars and/or machinery that you purchase or lease for your operations) you should let them know how they will be hurt if Congress does not pass the Save Small Business bill.
Like the Americans working at your companies, American automotive workers will find their jobs imperiled if Congress does not act immediately to preserve these high-paying American jobs.
It is said that “Politics makes strange bedfellows” – in the case of the 2007 Save Small Business bill and the current H-2B disaster, US employers and American workers will share the same fate if Congress does not act fast. At the end of this update you will find a list of the automotive and equipment plants where United Auto Worker members are employed. These are the same plants where your fleets and equipment are manufactured.
All of us need to let our Members of Congress know that the H-2B Disaster hurts America and American workers. To keep the disaster from growing out of control, Congress must pass the Save Small Business bill immediately.
Thank you.
Hank Lavery
Here is the Schedule of Activities for the December 5/6 Fly-In:
Tuesday Evening: December 4, 2007. 7:30 PM on (please drop by to meet your fellow Fly-In participants)
Evening Pre-Briefing/Meet-up at the Best Western Skyline. The hotel is located 4 blocks from the Navy Yard Metro stop (Yellow/Green Line) and just 2 blocks from the new Washington Nationals Baseball Stadium. Pre-Briefing sponsored by PLANET (thank you PLANET!). You can also take a taxi.
Best Western Capitol Skyline Hotel. 10 I Street SW US Washington, DC, 20024-4299
Wednesday Morning: December 5, 2007. 8:00 AM
Senate Dirksen Room 116: Save Small Business Briefing
Briefing Highlights: You will receive talking points and a legislative packet, hear from key Congressional staff members, meet your fellow H-2B small and seasonal employer activists, and have the opportunity to get your questions answered.
9:15 AM throughout the Congress of the United States: Begin your meetings in the offices of your Representatives and Senators. You should be arranging your own meetings with your elected representatives and their top staff members.
To call your elected representatives in Congress please dial 202-224-3121 and tell the operator the name of the office you want. You will want to speak to the office Scheduler to set up the appointment. If you do not get to the Scheduler, then you want to get to the Chief of Staff. Remember, your elected officials WORK FOR YOU! How in the world can they know what they are supposed to do for you if they have not heard it directly from you? Your meeting with them is actually doing your elected officials a big favor.
When scheduling your meeting, remember to ask for the opportunity to have our photo take with the elected official.
Plan to keep meeting Senators and Representatives until either you have convinced the entire Congress to pass the Bill or you have collapsed from exhaustion.
December 6, 2007: Save Small Business members and advocates will continue to meet with Members of Congress and Senators.
Keep Calling and Meeting Your Representatives at home to let them know that the 2007 Save Small Business bill must pass Congress NOW, and to inform them that you are headed to Washington to meet with them. They will be home through Monday – keep up your efforts face=to-face with them!
In case you missed it, the H-2B disaster was the fourth issue raised in last night’s Republican Presidential Candidate CNN/YouTube debate. The segment starred Jack Brooks of J.M. Clayton Seafood, Cambridge, Maryland. The fourth issue is titled: “With immigration reform failing, will I have a job?” You can watch the segment from the debate here:
http://www.youtube.com/republicandebate#qa_NFAl_c8k4n4
Scroll down to the fourth issue and click on the start button.
Thank you Jack for your continuing tireless efforts to bring this issue to the national stage.
Rooms Still Available in Washington, DC for Fly-In
We received this message from Sandy Munley of Ohio, one of the leaders of the Ohio group coming to Washington for the Fly-In:
HOTEL INFO--
Best Western Capitol Skyline Hotel. 10 I Street SW US Washington, DC, 20024-4299.
If you call or email our salesperson at the property, Shanna Cockrell, you can get a rate of $99 for a single or double room or a triple or quad for $129 if you tell her you are with my group--the Ohio Landscape Association. Hotel phone: 202-488-7500 Shanna's Cell Phone: 202-787-8074. [scockrell@bestwesterncapitolskyline.com]
See you Tuesday evening and Wednesday morning. Have a safe trip to Washington. Keep your calls and e-mails coming in. If you have not let us know that you are planning to come, please do so ASAP to CCassard@SaveSmallBusiness.org.
Charge On.
Hank Lavery
We are just one week away from the H-2B Emergency Fly-In. By now you should have either begun or completed making arrangements for the trip.
Here are the details:
Wednesday, December 5, 2007
8:00 AM: Meet in Dirksen Senate Office Building for 2007 Save Small Business Bill briefing. You will receive talking points and a legislative packet, hear from key Congressional staff members, meet your fellow H-2B small and seasonal employer activists, and have the opportunity to get your questions answered.
9:15 AM: Begin your meetings in the offices of your Representatives and Senators. You should be arranging your own meetings with your elected representatives and their top staff members.
To call your elected representatives in Congress please dial 202-224-3121 and tell the operator the name of the office you want. You will want to speak to the office Scheduler to set up the appointment. If you do not get to the Scheduler, then you want to get to the Chief of Staff. Remember, your elected officials WORK FOR YOU! How in the world can they know what they are supposed to do for you if they have not heard it directly from you? Your meeting with them is actually doing your elected officials a big favor.
You will continue your meetings until either you have met everyone or have collapsed from exhaustion.
Thursday, December 6, 2007
For those of you who are able to stay an extra day, you will be back at it meeting with elected officials you missed on Wednesday.
Remember, you have two things to do (if you have not done these already):
PLEASE NOTE: I suggest that each of you make a very specific request. Request to have YOUR PHOTO TAKEN WITH THE ELECTED OFFICIAL. In most cases this will guarantee that you will get at least some face time with the Senator or Representative. You will want, of course, to put the photo up in your office where everyone can see it, as well as to send it to the local newspaper so they can see your elected official in action.
Please let us know that you are coming by sending an e-mail to ccassard@savesmallbusiness.org.
Charge On my friends.
Hank Lavery
1. Prepare Today for the December 5/6 Emergency Fly-In
Make your reservations NOW for the December 5 Emergency Fly-In. To help us with planning, please let us know if you will be coming, as well as how many people will be coming with you. Send this information in an e-mail to Claire Cassard, Save Small Business, at: CCassard@SaveSmallBusiness.org
Date: Wednesday, Dec. 5 (and Dec. 6);
Time: Briefing at 8:00 AM;
Rest of the day will be spent meeting with Representatives and Senators;
Objective: To get Congress to pass our Bill before they adjourn for the Holidays.
Pre-Briefing: Tuesday Evening, Dec. 4 (Details to be announced)
2. State Department Meeting on H-2B Processing
A number of you have made mention of the scheduling conflict with Department of State's December 6 meeting in Dallas, TX to discuss H-2B visa processing at the US Consulates in Mexico. We ask only one question - Where is the conflict? If you cannot get authorization to hire H-2B workers, then what is the use of worrying about processing at the US Consulates? YOU NEED TO BE IN ATTENDANCE AT THE DECEMBER 5/6 FLY-IN. PERIOD. Make your arrangements now. Let us know if you need help.
Happy Thanksgiving to you and yours from all of us at Save Small Business.
Charge On.
Hank Lavery
We had hoped that it would not have come to this, but it has. Legislation to extend the H-2B Returning Worker Exemption has stalled in Congress. The only way to get Congress to move on this is for each of you to tell your Senators and Representatives directly what will happen to you, your company, your US workforce and the communities you serve if this Bill does not pass ASAP.
Date: Wednesday, Dec. 5;
Time: Briefing at 8:00 AM;
Rest of the day will be spent meeting with Representatives and Senators;
Objective: To get Congress to pass our Bill.
More details (including the room location for our opening briefing) will be coming your way in the coming days. You need to book your flight ASAP so you can be in Washington ready to begin action at 8:00 AM December 5.
In the meantime, now that your Representatives and Senators are home, please go find out where they are and meet them face-to-face in the home district AS MANY TIMES as you can over the next two weeks. Either Congress fixes the H-2B Returning Worker emergency, or we will soon have to begin firing US workers and reducing the vital services each of provides to our communities.
You know what the consequences will be. Many in the landscaping community will have to curtail purchases of vehicles from local Ford and Chevy dealers. For the hotel/lodging community this may mean having to open later and close earlier in the season. Tertiary businesses in these towns and communities will also lose customers, and they may have to shut down. For the seafood processing industry, failure to pass the Returning Worker Exemption will likely mean the end of a way-of-life for rural communities as plants close down and are replaced by condos. This will also mark the end of much of the seafood processed in the US as the markets will be completely taken over by Asian imports.
Every small and seasonal employer forced by the absence of temporary US workers to rely on the H-2B program will face a similar crisis. That is why the December 5th Fly-In is so important. Our very survival may be on the line.
As I wrote above, stay tuned for more details about the Fly-In.
Today and tomorrow we need you to get to work tracking down your elected leaders and letting them know how hurt you are that the Save Small Business bill still has not passed Congress.
Charge On. Charge On. And keep Charging On.
Hank Lavery
Yes, on Friday of last week the House and Senate negotiations over the H-2B Returning Worker Exemption broke down over issues THAT HAVE NOTHING TO DO WITH THE H-2B PROGRAM.
Last week's breakdown puts more pressure on us, and on Congress, to get something done before Congress adjourns for the year in late December. We will win, because we MUST win.
It means, my friends, that we have a great deal of work ahead of us if we are going to prevail. I need you to be:
Before I get to what we need to do, let me first lay out what we understand may have happened last week to derail the negotiations on the Congressional compromise for the H-2B Returning Worker Exemption. Please know that what we write below has been relayed to us from various Save Small Business members based on feedback from their House and Senate offices. We have not received official confirmation from Senator Mikulski's office (we understand that she continues to take a "never say die" attitude on all of this):
1. Senator Mikulski worked night and day to solidify support for the H-2B Returning Worker Exemption. Senator Mikulski, together with loyal allies, was able to get a one-year H-2B Returning Worker Exemption attached to the Commerce, Justice and Science (CJA) appropriations bill that passed the Senate. She came very close to getting agreement in the House - Senate Conference on the CJA bill. At the same time, she and her colleagues had made great progress on the longer 5 year exemption as well.
2. Two groups, for their own reasons, worked hard to oppose passage of the H-2B Returning Worker Exemption. These groups were labor unions (united with the Southern Poverty Law Center) and the Congressional Hispanic Caucus. We have heard conflicting reports about which of these groups was more responsible for Friday's debacle.
3. Save Small Business members from the around the country have been told by their Members of Congress and other Congressional insiders that some combination of these two groups were able to convince Speaker of the House Nancy Pelosi to put an end to the Mikulski compromise. On Thursday evening everyone thought everything was moving forward - by Friday it was all over for this round. The turnaround appeared to have happened virtually overnight.
What Is Our Next Step?
We are working on our game plan right now. I cannot begin to tell you how angry and disappointed I am that the emergency 1 year fix was derailed at the last minute. It makes me even angrier that the reason for our loss had nothing to do with the H-2B program, and everything to with outside politics.
All of us need to turn our anger and fear for the future of our businesses into action. We need to build back some momentum this week, and then, when your Members of Congress and US Senators are back home next week for Thanksgiving, we will need you to turn up the heat even more.
Today, please send a fax to your Member of Congress and Senators to let them know how angry you are that the Save Our Small and Seasonal Businesses Act of 2007 has not passed Congress yet. Points to raise with your Member of Congress and Senators:
We will be back to you with more information as we receive it.
Never Despair. Never Lose Hope.
Charge On.
Hank Lavery
Things have been very quiet this week as Congress worked mostly behind the scenes to try to figure out how to pass hundreds of pieces of legislation, including a fix to the H-2B crisis. Here is what we understand may be happening:
1. One-Year H-2B Fix. This is the emergency provision passed by the Senate several weeks ago. We understand that it was still before a House-Senate Conference Committee this week that was trying to craft a compromise bill that would be voted on again by Congress and then go to the President. OUR PART OF THE SEVERAL HUNDRED PAGE BILL, CONTAINING MANY BILLIONS OF DOLLARS IN SPENDING, IS TINY. However, because of our success over the past couple of years in passing Save Small Business 2005 and Save Small Business 2006, our simple provision apparently is the object of great attention by both pro- and anti-immigration forces. The name of the spending bill containing the one-year fix is the Commerce, Justice and Science FY2008 Appropriations Bill, otherwise known as the "CJS Bill".
We will let you know as soon as we hear any definite news on this.
2. 2007 Save Small Business Bill. Our Congressional sponsors, understanding that while the one-year emergency fix is vital to this year that a longer-term solution must be passed soon as well, are continuing their efforts to seek consensus on the 2007 Save Small Business Bill. Hopefully this will provide at least a five year solution.
The longer-term solution has also received great attention from a number of Washington-based groups, many of whom do not seem to understand (or care, for that matter) that this is (1) a SMALL BUSINESS issue; and (2) does not relate to ILLEGAL IMMIGRATION. In many ways, Congress and the President seem paralyzed over any and all issues involving foreign nationals. The immigration debate around the country is getting nastier and nastier, and EVEN THOUGH OUR EFFORTS HAVE NOTHING TO DO WITH THE CHIEF ISSUE (LEGALIZING THE ILLEGALS), some groups do not care.
Pushing the longer-term solution forward will likely take a great deal of negotiation over the coming weeks. Stay tuned - we will let you know if a breakthrough is reached. I am not confident at this point that we will have something to announce anytime soon, but we know that Senator Mikulski, Rep. Stupak and their many allies are working hard on our behalf.
3. Your Marching Orders are Simple and Direct: Request Your Member of Congress and Senator to tell (1) Speaker of the House Nancy Pelosi and (2) Senate Majority Leader Harry Reid the following message:
Charge On.
Hank Lavery
It has been one month since H-2B Disaster Day struck, and Congress still has not resolved the crisis. Meanwhile, the clock is ticking on our very survival.
Congress, through its failure to act, has refused to re-enact the H-2B Returning Worker Exemption. Despite our best efforts, and the near unanimous understanding on Capitol Hill of the importance of the H-2B program to America, everything remains stalemated.
We now have two separate efforts on Capitol Hill regarding H-2Bs:
1. CALL YOUR MEMBER OF CONGRESS AND YOUR TWO U.S. SENATORS - NOW!!!!
Call the Washington, DC offices and call the district/state offices of your Representative and US Senators. You want to speak with the following individuals:
Chief of Staff and Legislative Director (in the Washington offices) and State or District Director (in the State or District offices). I don't care if the Senator or Representative is already a co-sponsor of the Bill - THE BILL HAS NOT PASSED, and that is the fault of the entire Congress at this point.
If you live or work near your Representative or Senators offices, YOU SHOULD GO RIGHT NOW AND/OR SATURDAY (AND AGAIN ON MONDAY) TO THE OFFICES IN PERSON. There is a good chance your elected official is in town until Monday late afternoon or evening (maybe even until Tuesday morning) - go ahead and try to get an emergency meeting RIGHT NOW.
Your Talking Points with the entire world right now are simple:
2. WHEN YOU HAVE FINISHED YOUR PHONE CALLS AND RETURNED FROM MEETING DIRECTLY WITH YOUR REPRESENTATIVE, GET YOUR KEY US EMPLOYEES, YOUR COLLEAGUES IN THE LOCAL CHAMBER OF COMMERCE AND BUSINESS ASSOCIATIONS, YOUR SUPPLIERS AND DISTRIBUTERS, YOUR CUSTOMERS AND YOUR FRIENDS/NEIGHBORS TO MAKE CALLS AS WELL.
3. CONTACT YOUR LOCAL NEWSPAPER AND TELEVISION STATION TO GET THEIR ATTENTION ON YOUR INCREASINGLY DESPERATE SITUATION.
As I wrote before, our backs are literally against the wall. Either each of us gets our Representatives to make the H-2B renewal a big issue that must be passed, or our businesses and the communities we serve will suffer.
And finally, on a down note, it is my sad duty to inform you that Katie Strumpf has taken a position with a national organization. Katie has played an extremely important role to the foundation and operation of the Save Small Business organization. Her hard work and dedication has contributed to allowing thousands of small businesses across the United States to stay in business. We owe Katie a debt of gratitude for her tireless service.
Thank you, Katie, for all that you have done on behalf of us all.
Charge On.
Hank Lavery
We sent to you yesterday the letter prepared by Representatives Stupak and Musgrave urging the Democratic leadership to move on the H-2B emergency fix legislation that passed the US Senate.
So far, we understand that 36 Representatives have signed the letter. WE WANT EVERY MEMBER OF CONGRESS WHO IS CURRENTLY CO-SPONSORING, OR SHOULD BE CO-SPONSORING, the Save Small Business 2007 Bill (there are over 90 co-sponsors in the House of Representatives alone) to sign the Stupak/Musgrave letter. All of need H-2B relief IMMEDIATELY!
Here is the list of the 36 letter signers. If your Member of Congress is not on the letter yet, then we need you to work as hard as you can to get him/her to sign the letter. The deadline is Monday - please get to work today, tomorrow and Monday to convince your Representative to add his or her name.
1. Sign-On letter:
As we have told you, the next step for the H-2B emergency fix is with the House-Senate Conference Committee. Key to our success will be to make sure that the House decides to agree with the Senate and include the H-2B emergency fix (H.R. 1843) in the final bill.
To help ensure that the House does the right thing, two co-sponsors of the Save Small Business bill, Representative Bart Stupak (D-MI) and Representative Marilyn Musgrave (R-CO) have written a letter and are sending it to their colleagues for signatures. We want every member of Congress to sign this letter.
Your job is to make sure that your Representative's signature is on the Stupak/Musgrave letter. (In Congress, this is called a "Dear Colleague" letter). Please ask your Representative to sign the letter, and stay after him/her until they their signature is on it.
2. Let's break the 100 mark:
We now have over 90 House co-sponsors of the Save Small Business 2007 bill. (H.R.1843, officially titled the "Save Our Small & Seasonal Business Act of 2007).
In the House of Representatives we are so close to the magic number of 100 co-sponsors. The support we have already is impressive, reaching 100 will be even more so.
Please don't stop until your Representative agrees to be a co-sponsor.
Charge On!
Hank Lavery
Here at Save Small Business we strive to keep you informed of when the H-2B program and the Save Our Small & Seasonal Business Act of 2007 (S.988/H.R. 1843) is mentioned in the media. The news has been abuzz with H-2B stories recently, from newspapers, to magazines, to local nightly news stations. It is because of you, our Save Small Business members, that the media is filled with news emphasizing the absolute importance of the H-2B program for American small businesses. Please continue to alert your local media to the H-2B issue, so that we can get this bill moving in the House, and ultimately signed into law by the President. The more our Senators and Representatives hear about the H-2B issue and the more attention it receives in the news, the more important it becomes to Congress. Talk to your local media, tell them your small business story, and keep the H-2B program alive. You are the voice of America, and America needs to hear your voice.
Charge On!
Hank Lavery
Many of you have questions regarding the status of the Save Small Business Bill following Senator Mikulski's successful effort to include a one-year extension of the Returning Worker Exemption in the Senate's version of the Commerce, Justice and Science (CJA) Appropriations Bill. So let me explain where we are in the process, and provide some guidance about where we need to go from here.
1. Save Our Small and Seasonal Businesses Act of 2007: The House Bill has 93 co-sponsors, and the Senate Bill has 33 co-sponsors. You worked hard to get each and every one of these sponsors, and thanks to you, your dire situation is front and center in Congress. ALL OF US NEED TO KEEP WORKING TO ATTRACT MORE CO-SPONSORS FOR THE BILL. Just yesterday we picked up two more co-sponsors in the Senate:
Our success over the past several years has, unfortunately, also attracted two groups that have expressed opposition to our efforts. The first group, comprised of anti-immigrant forces, don't care about the fact that we follow the law, our workers follow the law, and we recruit every available American we can find before being forced to the turn to the H-2B program. Anti-immigrant efforts here have less to do with H-2B workers than they do with advancing the overall goals of punishing illegal immigrants.
The second group has caused the most uproar. National labor unions have identified the Save Small Business bill as an opportunity to increase wages and worker protections for US workers. In the last week of September, just a few days before the end of the Returning Worker Exemption, a bill written by labor unions was filed by Senator Bernie Sanders (Vermont) that would put significant restrictions on H-2B employers. Labor unions have pushed to have a similar bill filed in the House. Labor's efforts here have less to do with H-2B workers than they do with advancing the overall goals of the labor movement.
In Washington, most elected officials care about their constituents than they do about pleasing national organizations. However, these national organizations are loud and they have strength. This means that all of us need to keep in close contact with the Representatives and Senators who are co-sponsoring our Bill, and to keep up the hard work with those who have not yet signed on.
What this also means, unfortunately, is that getting the H-2B Bill that we desperately need has become MUCH MORE DIFFICULT. Anti-immigrant groups and labor unions employ legions of lobbyists on their behalf. As in years past, your efforts have been more powerful than these lobbyists. However, their presence in the H-2B debate, combined with the gridlock between Congress and the President, has greatly slowed efforts to pass our Bill.
This also means that we do not want to pick a fight with either the anti-immigrant or labor union groups. This is not an immigration issue - it is a small business crisis. And this is not a labor union issue - we recruit every American worker we can find, we pay at least the DOL prevailing wage (meaning that we pay our H-2B workers what American workers would receive), and we treat our workers with respect.
2. Senator Mikulski's one-year emergency extension: In the continuing confusion surrounding anything having to do with foreign workers, virtually nothing has been going through Congress at this point. Senator Mikulski, recognizing this, was able to convince her colleagues to accept a one-year extension to the Returning Worker Exemption while Congress sorted out the larger Bill. She understands that small and seasonal businesses, in order to stay in business, need at least a stop-gap measure passed ASAP.
The one-year extension will now move to a House - Senate Conference Committee, with Senator Mikulski serving as a co-chair of the Committee. Once issues have been ironed out, the revised bill (hopefully still containing the one-year extension) will be voted on again by the House and the Senate and then go to the President, who will decide whether to sign or veto the measure. Congress and the President are at odds over funding levels for various programs, so the path to the President's desk could be bumpy. We will keep you apprised of progress, and alert you when we need you to weigh in with your elected officials on the one-year extension.
Senator Mikulski would be the first to acknowledge that a one-year extension is not enough. No one in Congress feels your pain as much Senator Mikulski. Fortunately, she also is a practical person - she does not want you to face ruin while Congress works through issues that have absolutely nothing to do with the H-2B fight. She does not want to eventually pass a cure, only to find that the patient has already died. Thank you Senator Mikulski.
3. Where We Go From Here: Ladies and gentlemen, our work is to keep doing what we have been doing.
OUR WORK, OUR FOCUS, MUST BE TO KEEP PUSHING OUR INDIVIDUAL MEMBERS OF CONGRESS AND SENATORS TO PASS THE 2007 SAVE SMALL BUSINESS BILL
Few Bills have developed the support seen in Congress for the 2007 Save Small Business Bill. Should Senator Mikulski's efforts result in a one-year extension, then we still have our work cut out for us to get a long-term solution for the H-2B program. More than anything, we need to keep telling our stories to our elected officials. Every day it seems that we see the list of co-sponsors grow in the House and Senate.
Stay patient. Stay persistent in our efforts with your Representative and Senators. You are doing great things.
Charge On.
Hank Lavery
WASHINGTON, D.C. - As Chairwoman of the Commerce, Justice, Science (CJS) Appropriations Subcommittee Senator Barbara A. Mikulski's (D-Md.) today announced she successfully added language to the fiscal year 2008 spending bill to extend a critical provision of her Save Our Small and Seasonal Businesses Act that expired on September 30 and protects small and seasonal businesses - including Maryland's seafood and cannery industries - from devastating cuts to their workforce. The bill passed the Senate tonight with a vote of 75-19.
"Who says my promises made are not promises kept? I told small businesses they could count on me to keep fighting, and I meant it," said Senator Mikulski. "Without these seasonal workers, many businesses would not survive - forced to limit services, lay off permanent U.S. workers or, worse yet, close their doors."
The Save Our Small and Seasonal Businesses Act, signed into law by President Bush in May 2005, made significant changes to the federal H2B (non-skilled seasonal worker) visa program. Among the changes, it exempted returning seasonal workers from counting against the national cap of 66,000 people, created new anti-fraud provisions, and ensured a fair allocation of H2B visas among spring and summer employees. This exemption, however, was not made permanent in the 2005 bill, and has to be extended each year until Senator Mikulski's proposal to make it permanent is passed into law. Last year, a last-minute, one-year extension was included as part of the 2007 Department of Defense authorization bill, but it expired on September 30, 2007.
Senator Mikulski joined Senator John Warner (R-Va.) in March 2007 to introduce a stand alone bill to extend the provision, and also included it as an amendment to the comprehensive immigration packages considered by the Senate this spring. Unfortunately, no bill was brought up for a final vote before the provision's expiration.
Today's provision is a one-year extension to allow companies to continue to get the seasonal workers they depend on, and will expire on September 30, 2008.
Senator Mikulski pledged to continue to work with Senate leaders to make the provision permanent as part of comprehensive immigration legislation. A permanent solution is needed to address this annual problem or else seasonal businesses - like the seafood industry in Maryland - will surely suffer.
"I have been fighting for years to help good guy businesses and workers wade through the unfair procedures that were part of the H2B visa process. I will not give up until my fix is permanent," said Senator Mikulski.
FINALLY WE HAVE GREAT NEWS TO REPORT!
The United States Senate passed legislation Tuesday evening that included a one year emergency extension of the H-2B Returning Worker Extension. Senator Mikulski engineered the effort, which was made possible ONLY because of the wide-spread bipartisan support that all of you have worked so hard to build. Senator Mikulski's staff thanked everyone working to support the Save Small Business effort for their dedication and drive.
We will provide more information about the details of the Bill as they become available. What we do know is that the Bill (the Commerce, Justice and Science Appropriations bill) will now move to a House-Senate Conference. This Conference will decide whether to retain the H-2B Returning Worker Exemption. When we learn the names of the Conferees we will let you know - these individuals will become very important to future of your businesses and the communities you serve.
Congratulations for now. More to come later on the Senate Bill.
If you have a free moment, you might want to let Senator Mikulski know how much you appreciate how hard she has worked to lead the H-2B fight in Congress.
Click here to read the story from this morning's Baltimore Sun.
Charge On.
Hank Lavery
We wanted to give you an update as to where we are right now, so that everyone is on the same page.
If you have any questions or require more information, please contact me. I can be reached at hlavery@savesmallbusiness.org or via phone at 240.238.4412. We have to stand united or we will lose this battle.
CHARGE ON!!!
Hank Lavery
I want to give you a quick update. The following new co-sponsors have been added to the Bill just over the past couple of days:
Thanks to all our members who worked hard to get these new co-sponsors signed onto the Save Our Small and Seasonal Business Act of 2007 (S.988/H.R.1843). We are now up to over 90 co-sponsors in the House, and 30 co-sponsors in the Senate.
Remember this: We picked up these new co-sponsors because small business owners told these elected officials their individual stories about how crucial the H-2B program is to the future of their operations.
Once they have heard your stories, elected officials have no choice but to understand your situation. You can't find US workers. You want to follow the law. And you have no choice but to turn to the H-2B program.
Just track down your Member of Congress or Senator. Tell your story. And keep telling it until we get this bill passed. Your livelihood, and the livelihoods of your family and your full-time employees, depends on you. We cannot let down those who depend on us.
By the way, rumors are in the air that the second half H-2B cap may be met as early as November. WE HAVE TO SUCCEED! Otherwise we are dead.
Charge On!
Hank Lavery
1. Commerce Secretary's comments. Bush Administration and Commerce Department representatives reached out to several H-2B advocates today to let them know that the Secretary of Commerce and the Bush Administration are indeed great supporters of small and seasonal businesses. Good work in helping the Administration understand how important the H-2B issue is to the life and blood of small and seasonal businesses throughout America. We would love to see the President become a formal supporter of the Save Small Business bill!
2. Congress Still Has NOT Passed the Save Small Business Bill. The President and Congress still have yet to come to agreement on most of the legislative issues before the House and Senate. As I wrote yesterday, there are no short-cuts to the calls and e-mails that you are making. Keep on the alert for opportunities to see your Representative and Senators face-to-face back home. It may still be weeks before something/anything can get through the Congress. We need to keep up our efforts.
3. More Co-Sponsors have signed on. We now have over 90 Representatives who have decided to Co-Sponsor the Save Small Business bill. Congratulations. The full list is below. Getting EVERY MEMBER OF CONGRESS and SENATOR signed on as co-sponsors IS MORE IMPORTANT TODAY THAN EVER!!! Don't stop until they are ALL on board with us.
4. Request Co-Sponsors to do more!!!!. Co-sponsors have shown by their action how much they support you and your efforts to get this Bill through. What can you ask current co-sponsors to do? Ask Senators to go to Senate Majority Leader Harry Reid to get our Bill on the Senate agenda. And ask the House co-sponsors to go to House Speaker Nancy Pelosi and Majority Leader Hoyer to get our Bill on the floor of the House. America needs the Save Our Small and Seasonal Businesses Act of 2007 passed RIGHT NOW.
Charge On.
Hank Lavery
1. Follow-up on Commerce Secretary's comments. We understand that the Bush Administration may be working to clarify its statements regarding the Commerce Secretary's comments in apparent opposition to the H-2B returning worker exemption. Let's see what comes of this - in the meantime, please keep your calls going to the White House.
The White House e-mail is comments@whitehouse.gov. The White House telephone numbers are: Comments: 202-456-1111; Switchboard: 202-456-1414 and FAX: 202-456-2461.
2. Keep Up Contacts with your Members of Congress and Senators. There are no short-cuts. We have to keep up the calls and e-mails going.
3. House Letter of Support on Returning Worker Exemption: I have attached a letter from Members of Congress to the Speaker of the House and House Majority Leader urging them to act to pass the H-2B returning worker exemption as a "clean extension" (i.e. without weighing it down with lots of extras). Please note that not all of the co-sponsors signed the Bill. If you do not see your Representative's name on the letter, WE NEED YOU to ask him or her to contact Rep. Bart Stupak's office (Rep. Stupak of Michigan was the organizer of the letter) and become a signatory. If more Representatives ask to sign up, Rep. Stupak may send out an updated letter.
Wouldn't it be great if the Speaker could receive a letter supporting the H-2B program that was signed by EVERY MEMBER OF CONGRESS!
That is it for now. Keep up the great work.
Charge On.
Hank Lavery
On Friday, October 5, Commerce Secretary Carlos Gutierrez visited Baltimore. During his visit Secretary Gutierrez made clear what he believes is the Bush Administration's stand against the Save Our Small and Seasonal Businesses Act of 2007. He stated that the Administration does not want our H-2B Bill to pass until something has been done about undocumented or out-of-status foreign nationals in our country.
Here is a quote from the article about what Secretary Gutierrez said in Baltimore: 'A recently expired H-2B visa exemption that Maryland crab processors and other businesses relied on to hire foreign seasonal workers should be addressed as part of "comprehensive immigration reform," not renewed on its own, Commerce Secretary Carlos M. Gutierrez said yesterday.'
Can you believe that the Bush Administration cares more about workers and employers who have BROKEN THE LAW than about those who have diligently (and at great expense and effort) followed the immigration laws of the United States?
Folks, either Secretary Gutierrez misspoke, or the Bush Administration has decided that it wants each and every one of us to commit economic suicide.
Now, in addition to our Senators and Representatives, we need to make sure that the Bush Administration understands the need to pass the Save Our Small and Seasonal Businesses Act of 2007 as quickly as possible. Surely President Bush, who supported both the 2005 and 2006 Save Small Business bills, has not chosen to turn his back on us in 2007.
You need to let President Bush and the White House know how you feel about this. I strongly suggest that every one of you contact the White House at comments@whitehouse.gov. The White House telephone numbers are: Comments: 202-456-1111; Switchboard: 202-456-1414 and FAX: 202-456-2461.
Click here to view the article in its entirety.
Charge On. Charge On.
Hank Lavery
The buzz is all over Capitol Hill about the H-2B crisis and all the work that you have been doing. The calls keep pouring in, and your efforts are helping the Senators and Members of Congress who are supporting us to push for the H-2B Returning Worker Extension as quickly as possible.
Up to now all of us have focusing on both the Senate and the House. So that you do not become burned-out, we are asking you to turn your attention today and tomorrow to focus on the SENATE. Call, call, and call some more. Get your US workers and colleagues outside your business to make calls as well. Call every Senator representing you and the people you serve.
Here is what we need you to say:
Over the next 48 hours, please call (and call again) your Senators.
Charge On.
Hank Lavery
P.S. - Congress is due to adjourn for the Columbus Day holiday (the House and the Senate will be out for the entire week). During this period, we need you to find ways to get in front of your Senators and Representatives while they are home in your midst. More on this to come.
This is Day 2 of H-2B Disaster. More Members of Congress are signing up as co-sponsors, but neither the Senate nor the House has yet passed the Returning Worker Exemption extension.
In yesterday's Save Small Business update we urged everyone to contact their Members of Congress, Senators, colleagues and media about the expiration of the H-2B Returning Worker Exemption. Then yesterday afternoon we received word that the First Half H-2B cap had been reached. The only way that we will be successful is for everyone to keep getting the word out EVERY DAY until Congress acts.
I have pasted below the Media Alert/Press Release issued yesterday by the Maryland seafood folks. Yesterday morning the eighth and final Member of Congress (Rep. Elijah Cummings) came on board as a co-sponsor, making Maryland a "100% sponsorship state" (Maryland's two Senators and eight Members of Congress are either sponsoring or co-sponsoring the Save Our Small and Seasonal Businesses Act of 2007). The Press Release provides urgency and clarity to the H-2B crisis felt by one of the state's oldest and most respected industries. It is the sort of alert that every state and local association can issue to the local media. When you issued your release, please make sure to send us a copy.
We still have much to do. Let's get to it.
Charge On.
Hank Lavery
WASHINGTON- U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that September 27, 2007 is the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2008. The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first six months of FY2008.
Under current law, a "returning worker" who was counted toward the H-2B numerical limit during FY2004, FY2005 or FY2006, was exempt from being counted against the FY2007 H-2B cap. As of today, Congress has not reauthorized or extended the "returning worker" provisions for FY2008. Absent such reauthorization or extension, USCIS must count all petitions requesting H-2B workers for new employment with an employment start date of October 1, 2007 or later toward the FY2008 H-2B cap.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on September 27, 2007. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2008 that are received after September 27, 2007.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:
More information about the H-2B work program is available at www.uscis.gov or by calling the National Customer Service Center at 1-800-375-5283.
The day that we dreaded and never expected has indeed arrived. H-2B Disaster Day is here.
As of today, the Congress of the United States has decided, through its failure to act in time, to let the H-2B Returning Worker Exemption expire. That is correct -- Congressional inaction, despite our best efforts and near unanimous understanding on Capitol Hill of the importance of the H-2B program to America, has brought us to this place.
Please keep in mind that despite H-2B Disaster Day's arrival, all is not lost (at least not yet). While the Returning Worker Exemption expired on September 30, the Department of Labor is still processing Labor Certification Applications that depend on returning workers. It is only when the long and winding H-2B process gets to the Department of Homeland Security stage (USCIS) that true disaster will hit. Even with this very limited breathing room, Congress cannot wait. Congress must pass this Bill now.
Call the Washington, DC offices and call the district/state offices of your Representative and US Senators. You want to speak with the following individuals:
Chief of Staff and Legislative Director (in the Washington offices) and State or District Director (in the State or District offices). I don't care if the Senator or Representative is already a co-sponsor of the Bill - THE BILL HAS NOT PASSED, and that is the fault of the entire Congress at this point.
If you live or work near your Representative or Senators offices, YOU SHOULD GO RIGHT NOW IN PERSON TO THE OFFICES. There is a good chance your elected official is in town until late Monday afternoon or evening (maybe even until Tuesday morning) - go ahead and try to get an emergency meeting RIGHT NOW.
Our backs are against the wall. Either each of us kicks it into overdrive, or we will all perish.
Charge On.
Hank Lavery
We are now less than one week away from the elimination of the H-2B Returning Worker Exemption. Congressional inaction, despite our best efforts and near unanimous understanding on Capitol Hill of the importance of the H-2B program to America, has brought us to this place. Congress must act, and must act soon, if we are going to get this passed in time.
Remember, while the Returning Worker Exemption will expire on September 30, the Department of Labor will still continue processing Labor Certification Applications that depend on returning workers. It is only when the long and winding H-2B process gets to the Department of Homeland Security stage (USCIS) that the returning worker issue WILL BECOME CRITICAL. Even after September 30 hits, we will still have (limited) breathing room. Obviously, we cannot wait. We must get this Bill passed now.
This is not particularly good news, but it is not surprising either. There was some labor pushback when we pushed for the 2005 Save Small Business bill. However, when confronted with the realities of the H-2B program, unions understood that the program did not have anything to do with them.
However, we have to remember that we need to keep reminding people that the H-2B program is perhaps the most regulated, most hassle-filled immigration program ever invented. Please read The H-2B Visa Program: Separating Myth from Reality and the H-2B process overview, The H-2B Visa Program Strengthens America. Download these documents and share them with those on Capitol Hill and in your communities who do not understand the complexity of the process that you have endure each year before you are eligible to receive your H-2B workers.
We continue to have new co-sponsors sign up for the Bill. At the end of this update please find the latest list of House and Senate co-sponsors. Remember: if your Representative or Senator is not yet on the list, then you still have more work to do.
Let's keep going after those Members of Congress and Senators who have not yet signed up.
Charge On.
Hank Lavery
Keep up the great work. Member of Congress and Senators continue to sign up as Co-Sponsors of the Save Small Business bill.
Since the September 6th Fly-In, the following Representatives and Senators have signed up to sponsor our Bill:
Now, with only 10 days left before H-2B Disaster Day, we have to keep going after those Members of Congress and Senators who have not yet signed up.
As I keep writing to you, our job (you, me, and everyone else who cares about this issue) is to make sure that each of your elected officials in Washington hears from you (in person, by phone, by fax, at home, at the office, in the State/District, in Washington) as often as possible.
See below for the updated list of Co-Sponsors. We now have 70 Representatives and 28 Senators. Not bad. But we need to do better. Keep working!
Charge On.
Hank Lavery
We wanted to let you know what a great Fly-In we had yesterday, and thank you, our Save Small Business members for making it so successful! We had over 250 attendees, from all different industries and states, even as far as Alaska. Thanks to your hard work, we picked up the following co-sponsors:
We anticipate many more Senators and Representatives to sign on to the Save Our Small & Seasonal Business Act of 2007 in the coming days. Please make sure to follow up with the offices that you met with, and make sure that they are aware of the looming expiration date of the H-2B bill. Thanks for all of your hard work and let's keep the momentum going, and get this bill passed. We have done it for the past two years; together we can do it again!
CHARGE ON!!!
Hank Lavery
Just wanted to send you a quick update and let you know that the following Representatives signed on to the Save Our Small & Seasonal Business Act of 2007 (H.R. 1843):
A big thanks to our Save Small Business members in Indiana, Kansas, Maryland, Michigan, Missouri, Pennsylvania, South Carolina, and Wyoming for working hard to get your Representatives signed on to this important bill. Keep up the great work and see you at the Fly-In.
CHARGE ON!!!
Hank Lavery
Just wanted to send you a quick note about our fly-in on Capitol Hill. Here is our schedule:
Wednesday September 5; Fly-in participants arrive in Washington, DC.
We will have an informal get together on Wednesday, September 5th from 5-8 at Capitol City Brewing Company (2 Massachusetts Ave., NE Washington, DC 20004). It is directly across from the Union Station metro on the red line. This is not a formal reception, so everyone will be responsible for their own bill.
Thursday, September 6; Fly-In Day.
7:00 a.m.; Orientation for first time Fly-In participants. For those of you who are new to Capitol Hill and the legislative process, we will have a briefing for you bright and early Thursday morning at 7:00 A.M. in Senate Dirksen 138.
8:00 a.m.; Briefing and final instructions session for all Save Small Business members. At the 8:00 A.M. briefing we will hear directly from key Congressional staff members, receive an update on the current status of the Senate and House bills, organize into state delegations, and receive our final marching orders. We will have plenty of coffee, bagels, and other refreshments on hand, so you can skip breakfast and come directly to the briefing. Senate Dirksen 138.
9:00 a.m. to 6 p.m.; Save Small Business members work to get the support necessary to pass the Save Small Business bill. House and Senate offices throughout Capitol Hill.
We anticipate that the fly-in will be a great success, and look forwarding to meeting our Save Small Business members to get the Save Our Small & Seasonal Business Act of 2007 (S.988/H.R.1843) extended into law. If you have not already done so, please email Katie Strumpf to let her know you will be attending the fly-in. We will provide more details in the coming days.
Let's make this Fly-In our best ever!!!
CHARGE ON!!!
Hank Lavery
Congressional offices keep reporting on your activities around the country. Keep up the great work.
Now, with only 35 days left before H-2B Disaster Day, we have arrived at the GET VERY SERIOUS stage of our work. All of us need to work hard this week and next to set the stage for H-2B success.
Here is how we need to spend the next two weeks:
You need to set up appointments with each of your two US Senators and Member of Congress. You should also make appointments with other Members of Congress (and Senators) who have an impact on your business or employees.
The operator at the U.S. Capitol can connect you to any House or Senate office. The U.S. Capitol number is 202-224-3121.
Call the CAMPAIGN OFFICES of your Representatives and Senators to obtain their Labor Day parade and appearances schedule. You want as many people as possible (including your top staff and yourself) speaking face-to-face with your Senators and Members of Congress as they appear in communities close to you. Every Senator or Representative who on September 3 sees you in person and hears your message directly from you will return to Washington the next day full of enthusiasm for the Save Small Business bill.
In addition, those Representatives and Senators who see you personally on September 3 will be much more likely to meet directly with you again at the September 6 Fly-In, rather than fobbing you off on lower-level staffers. You want to meet with the Representatives and Senators themselves, don't you?
Also, for those of you who can't make it to the Fly-In, your efforts on Labor Day will pave the way for your colleagues who will come to Washington to "seal the deal" at the Fly-In. We want every Representative and Senator to hear at least 2 messages apiece on Labor Day.
Message for Labor Day: Make sure that you emphasize the fact that if the H-2B Bill does not pass Congress, you may have to let go of American full-time staff in your company. Do your Senators and Representatives want to be responsible for putting Americans out of work? Passing the Save Small Business bill will preserve US full-time, year-round jobs.
America is counting down to H-2B Disaster Day, and EVERYONE must try come to Washington for the September 6th Save Small Business Fly-In. If we are going to succeed in retaining the H-2B Returning Worker Exemption, then we will need to convince majorities in the Senator and House to support our efforts.
We are providing all of you who have signed up for the Fly-In with details about the event. For those of you with questions, please send an e-mail to Katie Strumpf
As I keep writing to you, our job (you, me, and everyone else who cares about this issue) is to make sure that each of your elected officials in Washington hears from you (in person, by phone, by fax, at home, at the office, in the State/District, in Washington) as often as possible.
You cannot stop your efforts until each Senator and each Representative is a co-sponsor.
Charge On.
Hank Lavery
I have only two things to say to you:
1. KEEP UP THE GREAT WORK!!! We are getting unofficial reports that Senators and Representatives have agreed to co-sponsor the bill.
We won't know anything officially about this until Congress comes back into session after Labor Day.
2. All I know is that everything you are doing is making a huge difference. Thank you for your hard work!
If you have not signed up for the Sept 6th fly-in, please do so ASAP. If you won't come to Washington , then who will? If you don't fight for the H-2B bill, then no one will. Please email Katie Strumpf if you plan to attend the fly-in.
With your involvement, we can WIN. Without you, we may be doomed. Help us help you.
CHARGE ON!!!!
Hank Lavery
Great news! Your efforts are making a huge difference!
We are excited to announce that the following co-sponsors have been added to the Save Our Small & Seasonal Business Act of 2007 (S.988/H.R.1843):
In the Senate (S.988):
In the House (H.R. 1843)
Additional Members of Congress who signed on as Co-Sponsors last week include:
We need you to contact your Senators and Representatives while they are home during the August recess. Here are your marching orders:
CHARGE ON!
Hank Lavery
In our calls around the country this week, we heard back from many of you that there is a great deal of confusion among your colleagues about H-2B Disaster Day and what this will mean to small and seasonal businesses across America.
In order to understand HOW H-2B Disaster Day may affect your company, all you need to do is complete a very simple two step exercise. Fill in the blanks below and then read the analysis that follows each step.
STEP 1: The first step is to determine your historical "Date of Need." The Date of Need is the date that your Seasonal or Peakload Need begins.
STEP 2: The second step is to determine how many of your current H-2B workers you want to return to work again next year (if somehow you were to gain access to them).
Not passing the Save Small Business Bill scares the daylights out of me, as it should each of you as well. In my business, I don't know where I will be able to find a treasure trove of unskilled Americans willing to work a seasonal job when up to now they have been AWOL. We will all be up the proverbial creek without a paddle.
Make no mistake about it, my friends. We are talking about our very survival. The survival of our businesses, and the survival of our ability to meet the needs of our customers and the communities we serve.
And, since many of us operate small businesses, we are also talking about THE SURVIVAL OF OUR ABILITY TO FEED AND HOUSE OUR FAMILIES AND THE FAMILIES OF OUR FULL-TIME AMERICAN STAFF.
Now we must get to work to pass the Save Our Small and Seasonal Businesses Act of 2007:
Our job (you, me, and everyone else who cares about this issue) is to make sure that each of your elected officials in Washington hears from you (in person, by phone, by fax, at home, at the office, in the State/District, in Washington) as often as possible.
As I wrote in my message last week, each of us needs to ask ourselves the questions below every day between now and the H-2B September 30th Disaster Day. I even cut them out and carry them with me everywhere I go so that I will not forget what I personally need to do each day to get this Bill passed.
"What is more important today than doing everything I can to keep my business alive?"
"What more can I do TODAY to make sure that the Save Small Business bill gets passed as quickly as possible?"
We know what we need to do. Now let's do it.
Charge On.
Hank Lavery
We wanted to let you know that Senator Norm Coleman {R-MN}, Representative Diana DeGette {CO-1}, Representative Jim Gerlach {PA-6}, Representative Todd Russell Platts {PA-19} have signed on as co-sponsors to the Save Our Small and Seasonal Business Act of 2007 (S.988/H.R.1843). It is great that we are increasing co-sponsorship on both the Senate and House version of the bill, but we need to keep the co-sponsorships rolling in! In order for the Save Our Small & Seasonal Business Act of 2007 to become a priority in Congress, it is critical that each and every one you contact your Senators and Representatives and urge them to co-sponsor the bill. Your Senators and Representatives want to hear from you, and they NEED to hear from each and every one of you the importance of this bill to your small business. We can't get this bill passed on our own, we need all of our Save Small Business members to work together to get this bill passed PERMANENTLY.
The next Save Small Business fly-in on Capitol Hill will be on Thursday, September 6, 2007. The fly-in is in a prime opportunity to meet with your Senators and Representatives to stress the importance of the Save Our Small & Seasonal Business Act of 2007 for your small businesses. Please begin to make your travel arrangements for the upcoming fly-in. Keep in mind that the fly-in is not the only opportunity to meet with your Senators and Representatives. They will be in your home states for the August recess, and it is important that you utilize this time to bend their ears about the Save Our Small & Seasonal Business Act of 2007. Every where your Congressional leaders turn, they should be hearing about H-2B, so that when Congress comes back into session in September, it is at the forefront of their minds, and political agendas. It is up to you to get this bill passed, so let's get moving.
CHARGE ON!!!
Hank Lavery
Members of Congress and Senators are back at work in Washington this week trying to complete legislative work before they start their month-long August recess. During the August recess they will be busy raising money for their reelection bids, hosting town meetings and spending time with their family and friends.
With just over 2 months to go before your businesses begin to face ruination and elimination, IT IS TIME FOR YOU TO GET OFF YOUR SEATS AND CALL, FIGHT, CLAW AND DO EVERYTHING NECESSARY TO GET YOUR REPRESENTATIVE AND SENATORS TO CO-SPONSOR THE SAVE SMALL BUSINESS BILL.
We need you to let your Member of Congress and each of your two US Senators know that you need them now more than ever. The choice is stark: Either Congress passes the Save Our Small and Seasonal Businesses Act of 2007, or you and your business will suffer.
Here is the information that you need to remember about the Save Our Small and Seasonal Businesses Act of 2007:
Let's get to work. Your job is to make sure that each of your elected officials in Washington hears from you (in person, by phone, by fax, at home, at the office, in the State/District, in Washington) as often as possible.
Each of us MUST ask ourselves these questions EVERY MORNING we awaken between now and the H-2B September 30th Disaster Day.
"What is more important today than doing everything I can to keep my business alive? What more can I do to make sure that the Save Small Business bill gets passed as quickly as possible?"
Let's get to work. It will take all of our collective efforts to succeed.
Charge On.
Hank Lavery
Members of Congress and Senators are home this week celebrating America's Independence Day, raising money for their reelection bids, hosting town meetings and spending time with their family and friends. YOU NEED TO MAKE SURE THAT THEY GET A CHANCE TO SPEND TIME WITH YOU AS WELL. You and your colleagues need to bring the looming H-2B Disaster Day to their attention.
Last week's vote to reject the President's immigration bill has apparently closed the door on Comprehensive Immigration Reform for this year (pundits are saying that it is unlikely to come up again during the remainder of President Bush's term) - each of us at Save Small Business is saddened by the fact that America's immigration crisis will not be solved this year. We know how hard many of your associations worked to get this Bill passed.
Now that Congress has rejected the this bill, it is time for small and seasonal business owners to step forward to press for the passage of the Save Our Small and Seasonal Businesses Act of 2007. Despite the failure of the President's bill, this is NO TIME TO FRET! This is the time for action.
We need you to let your Member of Congress and each of your two US Senators know that you need them now more than ever. The choice is stark: Either Congress passes the Save Our Small and Seasonal Businesses Act of 2007, or you and your business suffer.
Here is the information that you need to remember about the Save Our Small and Seasonal Businesses Act of 2007:
Let's get to work. Your job is to make sure that each of your elected officials in Washington hears from you (in person, by phone, by fax, at home, at the office, in the State/District, in Washington) as often as possible.
The questions you must ask yourself today are these:
It is up to you. It is up to me. IT IS UP TO US!
Charge On.
Hank Lavery
Just as we predicted on Friday (I understand that many of you did not receive Friday's Update - I have copied it in its entirely below for your information), all signs are pointing to the return of Comprehensive Immigration Reform to the Floor of the Senate in the coming weeks. A Bill could be passed by the 4th of July Congressional break.
Stay tuned. Language for the permanent extension of the H-2B RWE (Returning Worker Exemption) and an increase in the H-2B cap are included in the Senate Bill.
We will keep you advised as we learn more about this continuing roller-coaster situation.
Charge On.
Hank Lavery
Late last night the Comprehensive Immigration Bill failed in the Senate. I want to give you a quick update on what this means for us, and what we need to do next.
Republican and Democratic leaders each stated that they want to bring it back later for another round of consideration, with each side blaming the other for its defeat. The President, who apparently was staking his legacy on the Bill's passage, has been out of the country, and so was absent when the final votes came up short. He is due to return to the US early next week, and will likely bring both sides (actually, since the Bill is so complicated, there appear to be at least eight or ten sides engaged in the battle) to the White House to try to work out yet another compromise.
What does all this mean for America's small and seasonal business community? In a word, plenty.
My guess is that the President will get everyone back to the bargaining table, and that another attempt will be made to get a Bill through the Senate. We will learn soon enough whether this effort succeeds or not, what the next Bill will contain, etc.
Despite the Senate's failure, the clock is still ticking on the H-2B Returning Worker Exemption. The current RWE will expire on September 30th. We will soon kick off our H-2B Disaster Day Countdown.
You should take some comfort in the fact that our extraordinary effort over the past three years has resulted in the Congress understanding the importance of the H-2B program to America's seasonal businesses and the communities each of us serves. We are confident that the Senate and House will want to respond to our needs again this year.
We will work to build on the gains we achieved in the Senate to obtain a permanent RWE and an increase in the number of new H-2B visas. We will be getting back to you with additional information as we move ahead.
Stay tuned . . . we have a lot of work ahead of us.
Charge On.
Hank Lavery
The front page of this morning's Washington Post features an in-depth profile of Jack Brooks, President of the J.M. Clayton and Sons Seafood Company (Jack also serves as Vice President of Save Small Business), and his experience with the H-2B program. We have reprinted the article at the end of this update. Many of us share Jack's plight in our own businesses.
I also received a message from Jack detailing his thoughts about where we are in the process, with suggestions on what we need to do next. I ask you to read it carefully - it sums up what the rest of us need to be doing. Here is Jack's message and call to arms:
Dear Hank-
I still can't figure why the Senate wants to mess with the successful H-2B program as it debates comprehensive immigration reform. All of us on Maryland's Eastern Shore are worried about several of the proposed changes, including the 7% unemployment threshold and the easier portability. We will, hopefully, be able to address many of these issues when the Bill goes to the House and then to the Conference.
Most importantly at this time, however, are the Returning Worker Exemption and the increase in new H-2B visas. Without both of these I fear that companies from the Mid-Atlantic to New England will be frozen out of the H-2B program since our seasons don't start until the March to May period. As we have seen each year since 2004, the H-2B cap has been hit earlier and earlier, and this situation will only get worse as fewer and fewer American workers choose to the perform the "dirty work" in our seafood processing plants and other seasonal businesses.
We are grateful to Senator Mikulski and her colleagues for getting the Returning Worker Exemption and the increase in H-2B visas included in the Bill. Now we need to make sure these provisions remain in the final Bill. I have read reports from the Senate debate and have learned that there have been several efforts, some successful, to cut back the numbers of other visa categories. We cannot allow this to happen with H-2Bs.
I will be getting in touch with the Maryland Senators today to provide them with the same points that Save Small Business has been pushing. Here are the Talking Points I want to use (please let me know if these are correct):
Thank you, Hank, for your efforts on behalf of all of us.
Jack Brooks
Jack Brooks regularly makes the several hours trip from his town to Capitol Hill regularly to make sure that Senators and Representatives know how important this program is to him and to all of us.
Let's use the points that Jack wrote this week - each of us needs to call/fax/call again our Senators to let them know that America needs the permanent Returning Worker Exemption and the increase in H-2B visas as written in the Senate Immigration Bill. Whether they are called H-2B or Y-2B it does not matter - we need these to stay in the Senate Bill if we can hope to survive.
Here is what I need you to do today and again tomorrow:
Charge On.
Hank Lavery
Many of you have been calling and sending e-mails to us asking whether you should support or oppose the Senate Immigration bill currently being debated in Congress. As you will recall, we laid out in our last Update what we thought was a common sense approach:
Click here to download our updated review of the Senate Bill's provisions regarding the H-2B/Y-2B program. The two issues that are most troublesome to many of you are the bar to participation for those living in counties with over 7% unemployment and the visa portability provisions. Ironically, the visa portability will likely hurt the H-2B/Y-2B workers most of all, and will make them vulnerable to both fraudulent employers and the lifetime bar to reentry to the US.
The Senate will resume its work on the Immigration Bill next week. In the meantime, please let them know how important your needs are, how important the RWE and increased H-2B numbers are and why these provisions need to remain, and how you are looking forward to Congress resolving America's current immigration mess.
Charge On.
Hank Lavery
It has now been several days since the efforts led by Save Small Business and resulted in the addition of the Returning Worker Exemption to the Comprehensive Immigration Reform bill currently being debated in the US Senate.
It is important to remember the positive elements for small and seasonal employers that are contained in the Bill: (1) Permanent extension of the Returning Worker Exemption; and (2) Increase in the cap to 100,000, with an economic-based "escalator" that could eventually increase to 200,000.
As we have told you before, the negative news is that the Bill also eliminates the H-2B program, and replaces it with the Y-2B visa. The Y-2B visa appears to retain many, though not all, of the positive features of the H-2B visa. It also contains elements that will certainly make it more expensive to participate in the program. There are also elements that we will have to wait and watch on that could make the program much more difficult to participate in.
At this point, with the Bill still being debated on the Floor of the Senate, it is too early to say conclusively whether the components of the Bill related to H-2B, taken as a whole, will be much better, the same, or worse for small and seasonal businesses across America. Once again, there are just too many unknowns.
Remember, none of us had a chance to read the language related to the H-2B components until late in the night of May 18th, just one week ago. Prior to last Friday the Bill was hidden in secrecy from all but a select few Senators. What we accomplished on Monday and Tuesday after discovering over the weekend that the Returning Worker Exemption was deleted and that the H-2B visa was eliminated was nothing short of a great success. Until the dust has settled on the Bill we won't know for sure whether this Bill is enough to make sure that all of can stay in business.
We are putting together another an updated list of changes to the program that will result from the elimination of the H-2B program. When it is ready you will be able to compare for yourselves what the new Y-2B visa will mean for your businesses. We still believe that the change to the Y-2B category is wholly unnecessary, and that it could hurt all of us and potentially could make the program unworkable. Some of you have informed us that you may be able live with the changes that we know about thus far. Given the up-and-down roller coaster ride we have had to endure over the past few years regarding the H-2B program, taking a "wait and see" or "trust but verify" approach is the only sane path.
Once again, you did great work this week.
Charge On.
Hank Lavery
We received word this afternoon that our combined outreach efforts resulted in the addition of the Returning Worker Exemption to the Immigration Bill. Congratulations. We are still waiting to read the exact language contained in the Bill, and will let you know if any of this changes.
The good news is that the following are included in the Bill: (1) Permanent extension of the Returning Worker Exemption; and (2) Increase in the cap to 100,000, with an economic-based "escalator" that could eventually increase to 200,000.
The bad news is that the elimination of the H-2B program, and its replacement by the Y-2B category, is still in the Bill.
Senator Mikulski and her staff worked around the clock to fight to improve the H-2B program and strike the Y-2B category as unnecessary. Thanks to her, and to the Senators who contacted her about this issue, she was able to secure inclusion of the permanent Returning Worker fix we have been fighting for. Unfortunately, she was not able to overcome the White House's goal of creating the new Y-2B category.
Each of you should review the list of changes in the program that will result from the elimination of the H-2B program and the creation of the new Y-2B visa. Our sense is that this change is wholly unnecessary, and that it will hurt all of us. Moreover, these changes could make the program so unworkable that we may not be able to access the workers that we desperately need to stay in business.
We are now trying to formulate our strategy for the next round of this battle. We will be back in touch with you soon. If you want to let your Senators and House members know that you oppose the elimination of the H-2B category, we invite you to go ahead.
Once again, you did great work yesterday, and we are now part way to where we need to be on the temporary seasonal worker issue. Let's see what we need to do from here in order to bring this over the finish line.
Charge On.
Hank Lavery
The Senate Immigration Compromise bill creates a new Y-2B program that will replace the H-2B program. Below are some of the highlights of the Y-2B program. The Bill will make permanent the Returning Worker Exemption, and increase the cap to 100,000 (with the opportunity, over time, to increase the cap to 200,000 per year if warranted). The Bill also:
You Need To Act Now - Call and Fax Your Senators and House Members Starting This Morning. Forward This E-mail to Everyone You Know Who Cares About Your Company, Your Employees, and the Clients and Communities You Serve.
The old saying is correct - the devil is truly in the details.
Attached and below you will find reference to the provisions in the Senate Immigration Compromise Bill that eliminates the H-2B program and replaces it with a Y-2B program designed to ensure that small and seasonal businesses who have followed the law will be the BIG LOSERS in the current immigration debate. Also attached are Talking Points for you use and to send to each and every one of your Senators and Representatives.
We were only able to obtain the full Bill this weekend. Late last week we had been assured that the Bill would only help the H-2B program. Then we read the Bill. All of us have been had.
Luckily we have great fighters for the H-2B program in Senators Mikulski, Warner, Cardin and many others. And in the House with primary sponsors Representatives Stupak, Musgrave and Gilchrest and many others. We need every Senator and Representative to know, starting RIGHT NOW, how important it is to keep the H-2B program - not eliminate it.
Here is what each of us needs to do. RIGHT NOW.
Let us know if you have any questions. This is not a drill. This is life or death for your companies.
Charge On.
Hank Lavery
I thought you might want to review this summary for yourselves.
The summary below of the Immigration Compromise announced on May 17, 2007 by the President and a bipartisan group of Senators was prepared by the American Immigration Lawyers Association (AILA). The Bill is called the Border Security and Immigration Reform Act of 2007, and it should begin to be discussed on the floor of the Senate on Monday.
The H-2B program reforms can be found in Title IV of the draft Bill. The program will be renamed the Y-2B program. I have bolded the relevant text regarding the new temporary program contained in Title IV.
Our understanding of the Temporary Seasonal/Peakload Worker program is the following:
This is basically the stand-alone Bill that the members of Save Small Business had pushed for from the beginning of this year.
Please NOTE: The Y-2B should not be confused with the Z visa - the new 2 year then return for one year visa.
Also Note: While the summary makes no direct mention of the Returning Worker Exemption. Save Small Business was informed that the Returning Worker Exemption was included in the Immigration Compromise - we will need to read the language in the Bill before we can confirm this.
Cite as "AILA InfoNet Doc. No. 07051768 (posted May. 17, 2007)"
Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.
Title II provides for interior enforcement of immigration laws.
Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.
Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.
Title V restructures and rebalances the current system by which green cards are distributed.
This title provides a new visa for most individuals currently living within the U.S. illegally.
Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)
I realize that this Bill will do nothing for those of you who continue to suffer from this year's chaos in your SWAs (particularly NY, CT and AK) and in the Atlanta and Chicago National Processing Centers. Those of you who have suffered the worst will have to decide for yourselves whether to participate in the future in the new Y-2B or old H-2B programs.
In the meantime, we will keep fighting for the right of small and seasonal businesses to recruit and lawfully employ the workers we need in order to stay in business.
Charge On.
Hank Lavery
The network news tonight and tomorrow morning's newspapers will be full of information regarding the compromise reached earlier today between the White House and the Senate on Immigration Reform.
We have good news to report on this - thanks to your outreach efforts, the Immigration Compromise reportedly includes very positive language that extends the H-2B Returning Worker exemption and more.
As soon as we are able to access a copy of the language of the Senate Bill we will let you know more.
This means that each of us will be covered no matter what happens with Comprehensive Immigration Reform. If it passes (with H-2B language) then we are big winners. If the Bill falters or is delayed by Congressional wrangling, then we will be pushing the Save Our Small and Seasonal Businesses Act of 2007.
We still have much work ahead of us.
Charge On.
Hank Lavery
Good news - your outreach efforts are working. Several new Members of Congress signed on as co-sponsors of the Save Our Small and Seasonal Businesses Act of 2007. Nice work to those of you who helped make this happen.
On Wednesday, May 9, the Senate is expected to begin consideration of Comprehensive Immigration Reform, which may or may not include help for seasonal employers. As Congress turns its attention to immigration, the next several weeks could be critical to our success.
Therefore, we need you to do more to get Co-Sponsors for the Save Small Business bill. It is up to us to convince Congress to make helping small and seasonal businesses a priority of the US Government.
The Save Our Small and Seasonal Businesses Act of 2007 will serve to ensure that small and seasonal employers in every state will be able to access the workers they require to meet the needs of the customers, clients and communities they serve. Despite their best efforts, employers in virtually every Congressional district cannot find enough US workers to fill available unskilled worker positions. These small and seasonal businesses spend considerable resources each year recruiting every available US worker we can find and still they find ourselves desperately short. Their only recourse has been to bring H-2B workers into the country to fill these shortage positions.
Since 2004, demand by employers for legal H-2B workers has greatly outstripped the 66,000 visas Congress makes available each year. In 2005 Congress passed the H-2B Returning Worker Exemption, which enabled employers to bring back trusted workers who worked and returned home during one of the prior three years. This helped companies stay alive, though demand continued to outstrip supply.
On September 30, 2007, the H-2B Returning Worker Exemption will expire. Unless Congress acts, employers will not have the workers needed to meet the needs of their customers and the communities they serve.
Many of you attended the DOL meetings last week. We have heard positive comments about the DOL presentation about what we can expect in the program next year. At the same time, we received feedback that DOL was not willing to fully address the 2007 fiascos in Atlanta and Chicago. Filing tips and a presentation of the new procedures have been posted on the DOL's H-2B website.
Let's get to work educating Senators and Representatives about the need to Co-Sponsor H.R. 1843 and S. 988. The equation remains the same - if we get enough Co-Sponsors, Congress will want to pass our Bill. If we don't, then we will not succeed.
Charge On.
Hank Lavery
Many of you have been forwarding questions from Congressional offices and colleagues who are confused about the term "guest worker" and its role in the current national debate over immigration. I want to help all of you better respond to the issue of temporary seasonal workers since there are some groups out there who are trying to confuse H-2Bs with the guest worker programs that President Bush and others have proposed.
The most important thing that each of us needs to remember is this: Since Comprehensive Immigration Reform centers on figuring out how to legalize the illegals currently in the US, THE DEBATE HAS NOTHING TO DO WITH H-2B VISAS. Don't let others try to drag you down into their fight.
This is especially important as the national immigration debate begins to heat up. As many of you already know, next Tuesday (May 1st, the same day as the DOL Chicago H-2B meeting), a number of immigration rallies will take place from California to New York. Rally organizers and their supporters have already started denouncing proposed permanent "guest worker" programs, talking about how bad they are for foreign workers, American workers, and American communities.
The permanent guest worker proposal supported by the President and currently before Congress is the BATTLEGROUND issued for those who support an amnesty or earned legalization program instead. The current immigration debate over what to do with the 12 million undocumented and overstay foreign workers has AT LEAST THREE SIDES:
Each of us needs to remember the fact that: none of the debate really involves the H-2B program. When we hear discussion about H-2Bs in the guest worker debate, it is usually coming from those who do not know the facts. These anti H-2B people believe that America does not really need a temporary worker program.
Unfortunately, these people don't seem to know much about the reality of today's workforce, especially in the fields that we work in.
Just ask yourself and your peers two simple questions:
My guess is that the answer to each of these questions is NO. Therefore, we need the H-2B program to continue on.
Speak up. Get involved. And, most of all, . . .
CHARGE ON!!
I look forward to hearing back from you. Let's get going on increasing the number of co-sponsors.
Hank Lavery
Folks, we need to get serious about Co-Sponsors for the Save Small Business bill. Congress will soon turn to the topic of immigration, and either it will care or not care about the needs of small and seasonal employers. It will be up to EACH OF US to help Congress decide whether we are important enough for them to care.
We are starting to hear reports coming out of Washington back offices that some in the Comprehensive Immigration Reform community want the H-2B program to disappear. They do not believe that America's landscaping, ski and summer resorts, seafood processing, stone quarry, restaurant, national parks, and so many other communities deserve to have access to the workers they desperately need.
Here is our choice, my friends. Either you (and I mean YOU) can sit on the sidelines and watch your avenue to workers disappear, or YOU can get motivated and get to work on your Representatives and Senators to sign up as Co-Sponsors of the Bill.
The Save Our Small and Seasonal Businesses Act of 2007 will serve to ensure that small and seasonal employers in every state will be able to access the workers they require to meet the needs of the customers, clients and communities they serve. As your Representatives and Senators are painfully aware, companies in Congressional districts and states cannot find anywhere close to the sufficient number of legally documented workers required to fill available unskilled worker positions.
All of us kill ourselves each year recruiting every available US worker we can find and still we find ourselves desperately short.
The safeguards written in to the Bill (especially the limit on returning workers from one of the prior three years) will work to limit the number of workers allowed into the US. But at least the extension of the Returning Worker provision (hopefully on a permanent basis) will ensure that we can access our loyal, dedicated and law-abiding workforce that follows the rules and obeys the immigration laws of the US.
All of us wish that the number of H-2B visas would go up, and we need to press on this front as well.
An interesting fact is this: America is comprised of 3,300 counties, which means that there is an average of 20 H-2B workers (66,000) per county. In nearly every state the demand for legal unskilled workers goes far beyond 20 per county (a guess would be that the demand is for at least 200 to 500 per county in many states during the spring, summer and fall months. In winter and summer resort communities like Park City, UT and Nantucket, MA, the number is more like 1000 to 3000 (or more) per county).
What each state really needs, in addition to the extension of the H-2B Returning Worker exemption, is an increase in the H-2B cap.
Your Senators and Representatives will be interested in knowing that between 1991 and 2004 (the year the H-2B cap first hit), a total of 500,000 authorized H-2B visas went unused. If Congress only re-allocated these ALREADY-AUTHORIZED 500,000 visas over a ten year period, then the added 50,000 H-2B workers would help reduce the crisis that employers are facing.
While DOL will likely hear an earful at these May 1 and May 4 H-2B meetings in Chicago and Atlanta, for you to be effective in advocating for your company and your industry I urge you to do the following:
EVERYONE, I mean EVERYONE, needs to get to work if we are want to convince enough Senators and Representatives to sign on as Co-Sponsors of H.R. 1843 and S. 988. The equation remains the same - if we get enough Co-Sponsors, Congress will want to pass our Bill. If you decide to stay home on this, then we will have no chance of success.
Charge On. Charge On.
Hank Lavery
I am sending to you the new H-2B guidance issued by the Department of Labor for FY2008 and beyond. It is called a "TEGL", a Training and Education Guidance Letter signed by the Assistant Secretary of Labor.
As everyone knows, this year has been marked by a great deal of confusion and chaos at the Department of Labor, especially at the Atlanta National Processing Center. DOL has received a great deal of heat from Senators and Representatives, and it appears that this new guidance is one of DOL's efforts to show that it is doing something to address the problems that came up.
We are in the process of carefully reviewing the TEGL, and we will be very interested to hear from DOL officials how they see the H-2B Labor Certifications process changing in the coming year as a result of this guidance. DOL will likely hear an earful at the May 1 and May 4 H-2B meetings in Chicago and Atlanta.
Charge On.
Hank Lavery
Just wanted to let everyone know about the H-2B Stakeholders Meeting on May 1st in Chicago and May 4th in Atlanta. Please see the link below for more information:
Sign up now!
http://www.dtiassociates.com/H2Bstakeholdersmeeting/
CHARGE ON!!!
Hank Lavery
I have much to report on the H-2B front.
1. H-2B Cap was hit on March 16th (reported only on March 23)
In the days since the announcement that the Cap was hit we have received reports from throughout Washington about frantic calls from H-2B employers whose petitions did not make it to Immigration in time. This is absolutely the most disastrous year in the history of the H-2B visa.
USCIS (Vermont) continues to process petitions filed prior to the Cap being met, as well as petitions for returning workers and others exempt from the Cap. USCIS is processing petitions that include DENIED Labor Certification Applications from DOL - successful employers are providing evidence showing that their need is truly seasonal or peakload.
2. Confusion at DOL regarding H-2B Labor Certifications
The dust is just beginning to clear on the Department of Labor's National Processing Centers, especially the Atlanta Center. None of the reports about what transpired there have been positive, and a growing number of Senators and Representatives reportedly have been responding to your complaints by demanding answers from top DOL officials. Obviously this may be too little too late for this year, but it may be a good start for getting things straightened out for next year.
3. 2007 Save Our Small and Seasonal Businesses Act filed in the US Senate
Senators Mikulski and Warner, together with many of their Senate colleagues (see www.SaveSmallBusiness.org website for the latest list of co-sponsors), filed the Save Our Small and Seasonal Businesses Act of 2007. The bill extends the Returning Worker Exemption for 5 years.
4. 2007 Save Small Business expected to be filed Friday, 3/30. Permanent Fix is expected in House bill
Representatives Stupak (Michigan), Musgrave (Colorado) and Gilchrest (Maryland), together with many of their House colleagues, are expected to file the House version of the Save Our Small and Seasonal Businesses Act of 2007. The filing could come as soon as Friday (March 30). The bill reportedly extends the Returning Worker Exemption FOREVER! Stay tuned - we will let you know when it becomes official.
5. Amendment by Senator Leahy was introduced with Iraq War supplemental for emergency increase of H-2B visas for this year only
Senator Patrick Leahy, an early and consistent supporter of our efforts, has led efforts to try to include in the Iraq War Supplemental Appropriations bill language to provide additional H-2B visas for 2007 only. This is the bill that the President is likely to veto, so even if the provision gets in this it may not help. HOWEVER, this is something that gives all of us who are in tough shape this year some hope that relief may be possible.
That's it for now. New H-2B Bills. Emergency help. And efforts to begin resolving the confusion at DOL. It has been a very hectic week.
Stay tuned. Keep in touch. Most of all . . . .
CHARGE ON!!!!
Hank Lavery
Bill extends H2B visa cap exemption by five years
WASHINGTON, D.C. - Senators Barbara A. Mikulski (D-Md.) and John Warner (R-Va.) today announced they have reintroduced their bill to provide a five-year extension to a crucial provision from her Save Our Small and Seasonal Businesses Act that protects small and seasonal businesses from a devastating cut to their workforce. A last-minute, one-year extension was included as part of the 2007 Department of Defense authorization bill in the 109th Congress, but it expires on September 30, 2007.
"I have been fighting for years to help good guy businesses and workers wade through the unfair procedures that were part of the H2B visa process. I told small businesses they could count on me to keep fighting," said Senator Mikulski. "Without these seasonal workers, many businesses would not survive - forced to limit services, lay off permanent U.S. workers or, worse yet, close their doors. This extension protects workers, and gives us another congressional session to keep up the fight until we make this cap exemption permanent!"
Senator Warner said, "This legislation is absolutely essential to protecting our small businesses and maintaining their positive impact on our economy. I am hopeful that this legislation will help small and seasonal businesses find enough workers to keep their doors open."
The Save Our Small and Seasonal Businesses Act, signed into law by President Bush in May 2005, made significant changes to the federal H2B (non-skilled seasonal worker) visa program. Among the changes, it exempted returning seasonal workers from counting against the national cap of 66,000 people, created new anti-fraud provisions, and ensured a fair allocation of H2B visas among spring and summer employees.
The cap exemption provides significant relief to Maryland and Virginia's seafood and cannery industries that often hire the same dependable workers every year. In fact, the Department of Homeland Security announced Friday that the cap has already been reached for the rest of this year. Without the Mikulski-Warner exemption, these businesses would have no way to bring in staff.
Hank Lavery
Spring is around the corner, and we are growing increasingly confident that we may soon have an H-2B bill in Congress. Every day we are working to encourage Congress to file the Save Our Small & Seasonal Business Act of 2007 as soon as possible. Our hope right now is that it will be filed before the House and Senate will adjourn later this week.
1. Update on 2007 Save Small Business bill
We continue to hear reports coming out of Congressional offices throughout Capitol Hill about the need to move swiftly on extending the H-2B Return Worker Exemption. These offices have also told us about how effective each of you were in February and March during the Save Small Business Fly-Ins. Nice work, my friends.
Though all signs are positive, we cannot count our chickens before they hatch. We cannot fully believe that something will be filed until the bills have been assigned H.R. or S. numbers. Keep you fingers crossed - hopefully our hard work will produce something soon.
Next Step:
• As soon as a bill (or two bills since there is no guarantee that the House and Senate bills will be identical) has been filed, we will share the news with you.
2. Update on March 6th Fly-In:
We owe a big thanks to Save Small Business members and colleagues who filled the offices of Congress for our fly-in on March 6th. Like in previous Fly-Ins, Save Small Business members came to Washington from throughout the US. We appreciate each and every one of you who were able to take time out of your busy schedules to attend this much-needed Fly-In. The Save Our Small & Seasonal Business Acts of 2005 and 2006 were passed because of the dedication and hard work of our Save Small Business members. Many of our members had never set foot on Capitol Hill before our Fly-Ins-now they take on Congress like seasoned pros.
Our small businesses depend on the H-2B temporary worker program to stay in business. Our businesses cannot keep working on this year-to year basis, wondering if there will even be H-2B workers available to sustain our businesses. We need a permanent, lasting solution to the H-2B temporary worker program. Now it is up to all of us to make sure CONGRESS recognizes that American small businesses MUST have a permanent extension to the Save Our Small & Seasonal Business Act of 2006.
Charge On.
Hank Lavery
1. March 6th Fly-In Update
Our March 6th Save Small Business Fly-In is coming up fast. Next Tuesday small and seasonal business leaders will spread throughout Capitol Hill to meet with their elected Representatives and Senators to push for a long-term fix to the H-2B program.
We continue to hear from key Senate and House staff members that they are still working out language on a new H-2B bill that may be filed next week. As soon as we learn the details of the final bill we will let all of you know. Until we have actually read the final bill text, we need to continue urging our elected officials to support efforts to create a permanent extension of the H-2B Returning Worker exemption and the other key components of our long-term H-2B fix.
Remember, if you are able to arrive the day before (on Monday, March 5), please plan to attend the H-2B stakeholders meeting starting at 4:00 PM at the National Restaurant Association headquarters.
Please email kstrumpf@savesmallbusiness.org if you are able to attend the March 6th Fly-In.
More details about the March 6th Fly-In are at the end of this update.
2. H-2B and Comprehensive Immigration Reform
As most of you know, the number one immigration issue in Washington, especially in the aftermath of the Democratic Party's victory in the November election, is to find a way to provide a "path to legalization" for the 12 million or so people who in the US without valid immigration status. We need to applaud Congress and the President for taking steps to finally resolve this immigration crisis.
3. America Needs the H-2B Crisis Solved for the Long-Term
At the same time, however, we need to continue to help Congress understand that the H-2B crisis DOES NOT HAVE ANYTHING TO DO WITH ILLEGAL IMMIGRATION. You need to keep stressing the following points to Congress:
4. The Countdown Clock to H-2B DISASTER Has Started
The Save Our Small and Seasonal Businesses Act of 2006 will expire on September 30, 2007. H-2B Disaster Day is now just seven months away.
Thanks.
Charge On..
Hank Lavery
March 5 (Monday)
The H-2B Workforce Coalition is hosting a meeting at 4:00 PM to set our legislative action steps to help ensure that the H-2B Returning Worker Exemption is make permanent. The meeting will be held at:
National Restaurant Association
1200 Seventeenth Street NW
Washington , DC20036
1st Floor Conference Room
Following the meeting there will be a small H-2B happy hour at the Beacon Hotel Grille & Bar across the street (1615 Rhode Island Avenue NW). Afterwards, we encourage people to head out on their own and enjoy some of the District's restaurants.
March 6 (Tuesday)
Our March 6th Fly-In is rapidly approaching! We anticipate an even greater turnout than our February 13th Fly-In, and hope each and every one of you can make it. As you know, these fly-ins are critical to keeping the H-2B permanent extension at the forefront of our Senators and Representatives legislative agendas. We need everyone assistance in order to ensure that the H-2B Returning Worker Exemption will be extended into permanent law.
Here is the schedule of events for March 5 - 6:
Monday, March 5 at 4:00 PM
For those of you who will be flying in on Monday, as well as for the representatives of the various membership and trade associations whose members include H-2B employers, there will be an H-2B "Town Hall" meeting starting at 4:00 PM. The National Restaurant Association has graciously agreed to host the discussion. Their address in Washington is:
National Restaurant Association
1200 17th Street NW
Washington , DC 20036
The meeting will take place in the First Floor Conference Room.
This meeting should be over by 6:00 PM, which will allow everyone the opportunity to go out and continue the discussions at the various restaurants in the area.
Tuesday, March 6 at 8:00 AM
We will meet at 8:00 AM to hear the latest news from Senate and House staffers (and, hopefully, Members of Congress themselves) and then go out to meet our elected officials to urge their support for the 2007 Save Our Small and Seasonal Businesses Act. We will not stop until we are successful!
Congress has been in recess this week, which means that your Senators and Representatives are in their home states. If you have not done so already, you should take this opportunity to contact your Senators and Representatives about the H-2B permanent extension, so it is fresh in their minds when they return to Capitol Hill. We know that the H-2B program is crucial for America's small businesses, and we need to keep showing our Congressional leaders how important the H-2B permanent extension is to our small businesses.
Please let us know if you are able to attend the Fly-In.
CHARGE ON!!!
Hank Lavery
The February 13th Save Small Business Fly-In was a huge success. Nearly 70 small and seasonal business leaders braved the cold, snow and ice to meet with their elected Representatives and Senators regarding the need for a permanent fix to the H-2B program. Thank you one and all to those who managed to come.
For those who cancelled your plans, we understand your decision. For all of you, we have scheduled a second Fly-In for March 6th. We will be getting details of this event to you in the coming week.
As I write this, key Senate and House staff members are meeting to work out language on an H-2B bill that should be filed sometime after Congress comes back to work from its President's Day break. As soon as we learn the details of the final bill we will let all of you know. Until the bill is ready, please continue to urge your elected officials to support efforts to create a permanent extension of the H-2B Returning Worker exemption and the other key components of a permanent H-2B fix.
If you have not done so already, please send us an e-mail with details of your day (who you met with, what the reaction was, etc.) if you attended the February 13th Fly-In. Also please let us know what you thought worked well, and what you would like us to do differently next time. We appreciate your feedback, and since this is your organization, we want to put them into practice.
Thanks. And please remember always to Charge On.
Hank Lavery
We have heard from many of you regarding the weather forecast for Tuesday in DC. We are going ahead w/the fly-in, and look forward to seeing you on Tuesday, February 13th.
For those of you who may not be able to attend on Tuesday, whatever the reason may be, (including the weather), we are working to schedule a second follow-up fly-in for Tuesday, March 6th. Details to follow about that fly-in.
The schedule on Tuesday, February 13th remains the same. We will be meeting in the Dirksen Senate Office Building 138 at 8:00 AM.
Also, for those of you who will arrive on Monday, we will be having a pre-fly-in reception at the TortillaCoast from 6-8, which is located at 400 1st St. SE, which is on the House side of the Capitol. (The closest metro is Capitol South).
Charge on!!!!
Hank Lavery
We have heard back from many of you who will be attending the February 13th, 2007 Fly-In. It promises to be a great turn-out, but we still have a number of states that need representation!
For February 13th to be the great success that we need it to be, WE NEED EACH OF YOU TO COMMIT TO SHOWING UP!!! As each of you know, our fly-ins were key to the passage of both the 2005 and 2006 Save Our Small and Seasonal Businesses Act. The work done by YOU and your fellow small business owners convinced Congress to pass these laws. Now you are needed again, this time to make the law permanent.
Let's show Congress that it cannot ignore this vital small business issue. The best way to do this is to SHOW UP at the February 13th Fly-In.
We will first meet in Room 138 of the Senate Dirksen Office Building from 8:00-9:30 a.m. for a breakfast meeting which will include briefings from key Congressional staff, including from Senator Mikulski's office, as well as from attorney Don Mooers. After this we will spread out to meet our Senators and Representatives, and continue meeting with our elected officials all day. WE MUST NOT FAIL!
The three top reasons why YOU CANNOT AFFORD to miss the February 13th include:
Come on, folks, we need each and every one of you to report for duty on February 13th. Let us know ASAP that you are coming.
Charge on!!!!
Hank Lavery
Hlavery@SaveSmallBusiness.org
I have two important topics to update you on.
1. Reminder: February 13, 2007 H-2B Fly-in. We will meet at 8:00 AM on Capitol Hill and then spread out through the House and Senate to answer questions and help educate our Congressional delegations about the need for a permanent fix for H-2Bs. We have heard from many of you, and it looks like small business owners and managers from every corner of the country are making plans to attend the fly-in.
Please let us know, if you have not done so already, whether you will be joining us.
2. Crisis Looming in Mexico with H-2B visa processing: We have heard from many of you that the US Consulate in Monterrey has informed H-2B employers and agents that IT HAS DISCONTINUED ACCEPTING APPLICATIONS FOR H-2 VISAS BEGINNING IMMEDIATEDLY. Wow - it is our understanding that Monterrey is responsible for processing the majority of H-2B visas WORLDWIDE. Monterrey stated that visas can be processed in other US Consulates in Mexico, but we have been informed that the number of H-2B interview slots available in the other US Consulates will not come close to making up for the loss caused by the shutdown in Monterrey.
This is an issue that you will want to discuss with your agents and attorneys, and you may also want to contact your Senators and Representatives to make sure that they are aware of this. We do not have an explanation for Monterrey's closure - however, we do know that the pace of visa processing at the other Consulates will be dependent on the number of US Consular Officers available to do the job. If there is indeed a crisis looming, then the State Department must be prevailed upon to put sufficient staff in place to avert the crisis.
That's it for now. Thank you one and all for all of your hard work.
Charge on.
Hank Lavery
Hlavery@SaveSmallBusiness.org
Congress is back in session, and Members of Congress and US Senators are already working on creating a permanent H-2B solution. Senator Mikulski and her colleagues in both the House and Senate are looking to file their legislation on or about February 14/15. We have been asked to come to Washington in the days immediately preceding this in order to try to get as many Representatives and Senators to sign up as original co-sponsors as possible. As importantly, as Congress gears up to begin debate on a whole host of immigration issues, we need to make sure that our H-2B issues are clearly understood as a SMALL BUSINESS matter.
In 2005 and 2006, the Save Our Small and Seasonal Businesses Act passed Congress because of the work put in by each of YOU. In each year our fly-ins were keys to our victories. Thanks to your efforts the legislation passed, and we were able to survive for another year. Here we are in 2007, and it is up to you again.
As a small and seasonal issue affecting every state in America, permanently solving the H-2B issue should be a top priority for the US Congress. Democrats and Republicans joined arms in each of the past two years to show their commitment to each of us - now is the time to finally fix this once and for all. And like we did in 2005 and 2006, we are the ones who must step forward to make this happen.
Make your reservations to fly to Washington AS SOON AS POSSIBLE! And if you need to stay overnight, make your hotel reservations as well.
More information will follow in the coming days and weeks. In the meantime, please begin making your reservations for this VERY IMPORTANT EVENT.
Thank you very much. Let us know how you are doing and how many people will be coming from your company and organization on February 13th.
CHARGE ON!!!!!
Hank Lavery
Hlavery@SaveSmallBusiness.org
Congress is back in session, and the focus of our elected officials appears to be split between Iraq and legislation over the first 100 hours to implement various reforms. At the same time, Congressional leaders and staff are working behind the scenes to draft new laws related to immigration and visas.
We need to make that a permanent, lasting H-2B fix is one of Congress's top priorities. As each of you has stressed over and over to your Members of Congress and Senators, we are facing a SMALL BUSINESS crisis, not an immigration problem. While we applaud Congress once again as it works to develop a solution to the problems created by undocumented and overstaying foreign nationals, any solution in this area will not likely help small and seasonal employers.
The reason is simple: Our hiring needs are temporary and seasonal. Americans want to work permanent full-time jobs. Foreign nationals given the right to work in the US for anyone they choose will want to work permanent full-time jobs. Regardless of the direction of Congress's solution to the current immigration mess, each of us will remain in exactly the same position as we are now.
We have jobs that Americans do not want to take. We advertise, we recruit around the clock. And still we cannot find enough American workers to fill our open positions. Without the H-2B program we will be forced to either dramatically curtail our activities or, even more dramatically, many of us will be forced out of business.
We need you get back in touch with your Members of Congress and Senators to make sure that Congress addresses our needs as quickly as possible. Following are Talking Points you may want to use.
As I wrote last week, it is time for us to get back to work. Please get in touch with your Members of Congress and Senators over the next few days to let know that 2007 must be the year for a lasting and permanent fix to the H-2B program.
We hope that these Talking Points will serve as a valuable resource when discussing the need for a permanent, lasting H-2B fix. After three years of temporary fixes, it is now time for Congress to act by passing legislation to permanently implement the H-2B returning worker extension program and other needed changes.
Charge On.
Hank Lavery
Hlavery@SaveSmallBusiness.org
A new year is upon us, and with the new year comes a brand new Congress, this time led by the Democrats. For those of you who are Republicans, don't fret: Congress will still operate much in the same way it has for the past 200+ years. And for the Democrats out there, don't get too excited about things being different: Members of Congress are still elected by their constituents, and so long as there are great differences of opinion among the voters there will not likely be unanimous support for issues in Congress either.
What we can hope for is this: On those issues where there is broad bipartisan support uniting Democrats and Republicans, Congress can work together with the President to provide lasting and real solutions.
Guess what, folks? The one issue that united Democrats and Republicans more than any other was the passage of the Save Our Small and Seasonal Businesses Acts of 2005 and 2006. Little else brought the two sides together. Elected officials from the Northeast, Southwest, Midwest, Northwest, Mid-Atlantic and South were united in pushing for passage of the H-2B relief for America's small and seasonal businesses and the communities that each of you serves.
Now, in 2007, we must get Congress to build on this wonderful bipartisan spirit and pass a PERMANENT, LASTING H-2B solution.
This PERMANENT, LASTING H-2B solution must include AT LEAST the following:
My friends, it is time for us to get back to work. Each of us needs to let our elected officials know that 2007 must be the year for a lasting and permanent fix to the H-2B program.
If you have not yet done so, please mail in your membership dues. We cannot continue our fight without these membership dues to sustain our small non-profit.
Charge On in 2007.
Your friend and fellow fighter,
Hank Lavery
President
Save Small Business
In case you have not seen this already, USCIS announced yesterday that the cap has been met for the first half of fiscal year 2007. USCIS notified the public that November 28, 2006 was the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2007. The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY 2007.
It is obvious that in addition to making permanent the returning worker exemption and making technical changes, the new Congress must expand the number of new H-2B workers eligible to work temporarily in the US. Either that or Congress should get out of Washington and help us to find the non-existent US workers willing to work on a temporary seasonal basis.
Attached please find the link to the announcement from USCIS. This is very bad news for most everyone.
http://www.uscis.gov/files/pressrelease/H2BCapReleaseFY2007_5dec06.pdf
Hank Lavery
President
Save Small Business
Dear Friends and Colleagues:
Greetings one and all. May each of you enjoy a wonderful Thanksgiving with your families and friends.
Now that the elections are over and behind us, attention has turned to the in-coming Congress. The initial Congressional agenda does not appear to include immigration or guest worker programs, but we have been assured that these issues will be addressed in one form or another in the upcoming months.
Beginning within hours following Election Day 2006k, Save Small Business began meeting with Congressional leaders and others in the H-2B community to start drafting Bill language and designing a strategy for passing for a permanent H-2B fix that will solve our temporary worker labor shortage once and for all. We continue meeting and planning, and we will be back to you in the next couple of weeks with a draft plan of action.
At this point, we believe that the changes in the composition of the Congress make it more likely that some sort of legislation will pass. We recently learned that the Senate may actually attempt to try again to pass a comprehensive immigration bill during the lame duck session in December. While we remain skeptical that Congress can pass any legislation before the end of the year, we will try to keep you updated about the status of the immigration bill.
Regardless of the outcome of the current comprehensive immigration bill discussions, we need you to check in with your Members of Congress and Senators to ensure that H-2B legislation stays at the forefront of issues that Congress will consider.
Remember that H-2B Disaster Day is now September 30th, 2007. We will collectively suffer if a permanent fix is not enacted by that date. Here is what we are asking you to do between Thanksgiving and the New Year:
Finally, if you have not yet done so, please send in your membership dues for 2007. As a grassroots organization, Save Small Business relies solely on your membership dues to sustain our nonprofit, and we simply cannot operate or provide our services without each and every member paying their yearly dues.
We are committed to continuing our success in the Congress by helping provide a permanent H-2B fix, but we cannot do this without your support. Kindly visit our website: http://www.savesmallbusiness.org/register.aspx to determine your membership dues.
In the next couple of weeks you should receive Talking Points for use with your Senators and Representatives while they are home for vacation.
Remember, you are great! Together we will prevail again in 2007. With any luck we will get this done forever and ever. Please eat some turkey and mashed potatoes for me.
CHARGE ON!!!
Hank Lavery
President
Save Small Business
The White House announced today that the President signed into law the 2007 Defense Authorization bill, which included a one-year extension for the Save our Small & Seasonal Business Act of 2006. Thank you to everyone for all of their hard work, and lets work together to get a permanent extension!
CHARGE ON!!!
Hank Lavery
President
Save Small Business
We send our congratulations once again to everyone who worked to help pass the Save Our Small and Seasonal Businesses Act of 2006. Thanks to you, Congress passed the Mikulski-Warner-Bass Bill in its final action before adjourning for the year. You are a truly remarkable group of individuals. I am proud to have gotten to know you and work side-by-side with you over the past months.
Now that we have worked to ensure that our businesses can remain open for another year, it is time to begin the process of getting Congress to pass a PERMANENT EXTENSION of the Save Small Business bill. Neither you nor I want to ever go through this process again. Here is what we need you to do over the next weeks:
Once again, Save Small Business sends you our thanks and our congratulations. Best of luck with your Labor Certs and USCIS petitions for the FY2007 season.
CHARGE ON!!!
Hank Lavery
President
Save Small Business
Save Small Business Bill Passes House and Senate - Goes to the President for his Signing. Our Bill is the ONLY Measure of its Type to Pass This Congress. Thanks to Senators Mikulski and Warner, Representative Bass, and the Hundreds of Co-Sponsors and Other Strong Supporters - Both Democratic and Republican - Who Wanted All of You to Succeed.
Thanks to your efforts, Congress passed the Mikulski-Warner-Bass Bill to extend the Save Our Small and Seasonal Businesses Act in one of the only true bipartisan acts of this Congress. Unfortunately, due to the continued partisan wrangling over immigration matters, we were only able to obtain a ONE-YEAR extension of the H-2B returning worker exemption. This was a compromise forged on September 28 - at that moment it was either the one-year fix or nothing.
Our one-year fix is more than ANYONE ELSE received. Our hats go off to Senators Mikulski and Warner for fighting to the bitter end to ensure that our Bill was not eliminated at the very end. None of us can understand how hard these Senators and their dedicated staffs worked to keep you in business. The same goes for Representative Bass and his staff.
Congress did pass the Save Small Business Bill in time. The House passed the Bill Friday evening (September 29), and the Senate passed the Bill just a couple of hours ago (Saturday morning, September 30), just 19 hours before H-2B Disaster Day was set to strike. In fact, the Save Small Business Bill was contained in the last act to pass the Senate before they adjourned for the year. Senators Mikulski and Warner kept their promise to the very end.
We will be back to you early in the week with our plans for the next step. As soon as we know the results of the November 7th election, we will begin our efforts to pass a PERMANENT EXTENSION of the Save Small Business bill. None of us ever wants to go through this again.
Your Senators and Representatives helped you continue on for at least one additional year. Thank Congress for passing the one year fix Save Our Small and Seasonal Business Act of 2006.
Thank you for all that you did to make this a success. It was hard, and it was frustrating. But we achieved success.
CHARGE ON!!!
Hank Lavery
President
Save Small Business
One Less Day to Pass the Save Small Business Bill
Dear Friends and Colleagues:
Today is Tuesday. Congress is still scheduled to leave town at the end of this week.
Let's keep supporting the strong, bipartisan coalition of US Senators and Representatives led by Senators Mikulski and Warner and Representative Bass. The Mikulski-Warner-Bass Bill to extend the Save Our Small and Seasonal Businesses Act is one of the truly bipartisan masterpieces of Congress. This is an example of what can be achieved when both sides work together.
Keep your calls and faxes directed at your Representatives and Senators. We are just days away from H-2B Disaster Day. As I wrote yesterday, it is still not time to panic.
Either Congress will pass the Save Small Business Bill in time, or Congress will fail in the final days to get this Bill through. In the next days we will find out whether we will be allowed to continue to faithfully follow the immigration laws of the United States through our participation in the H-2B program.
We now have over 90 Republicans and Democrats sponsoring the Bill in the House of Representatives, and over 30 Republicans and Democrats sponsoring the Bill in the Senate. Most everyone else in the House and Senate have pledged their support for the Bill should it be voted upon.
Help these Senators and Representatives achieve their goal of helping you. Keep pushing Congress to pass the Save Our Small and Seasonal Business Act of 2006.
Thank you.
CHARGE ON!!!
Hank Lavery
President
Save Small Business
Passage of H-2B Save Small Business Bill "Up in the Air" as Politicians Battle for Election Year Posturing
Dear Friends and Colleagues:
Congressional leaders continue to say that they will be leaving Washington this week, potentially leaving behind dozens of important issues unresolved.
Despite the fact that we are now less than one week from H-2B Disaster Day, Congress still has yet to take conclusive action on the Save Our Small and Seasonal Businesses Act of 2006. One bill to which our Bill was attached has gone from a "must pass by October 1" to a "may or may not pass by October 1" status. There is still confidence on the Senate side that our H-2B fix will pass Congress - the problem at this point, however, appears to be with the House of Representatives leadership.
We know that many of you have continued your efforts to contact your Senators and Representatives to stress the importance and absolute necessity of the Save Our Small & Seasonal Business Act of 2006 (S.2284/H.R. 4740). Over 50 of you came to Washington on behalf of your companies and your colleagues to tell Members of Congress and Senators that America needs the H-2B returning worker exemption extended immediately. The Bills received several more cosponsors, with scores of additional Senators and Representatives announcing that they would vote in favor of the Bills if they came before the Congress.
Congress has almost run out of time to pass this before they will depart to campaign for re-election back home. If they do leave before passing the Bill , then our only option will be to press for passage when they return in November or December.
Isn't it amazing that the House of Representatives could devote a full day of debate just two weeks ago to the importance of being nice to horses, but as of today HAS FAILED TO DEDICATE EVEN ONE MINUTE TO HELPING AMERICA'S SMALL AND SEASONAL EMPLOYERS? If Congress leaves Washington without passing our Bill, these elected Representatives need to hear an ear-full from you and your colleagues when they come around to tell you how hard they are working for you back in Washington.
Senators Mikulski and Warner, Representative Bass and other Senators and Representatives who have pledged their support for the Bill still have confidence that our Bill, as attached, can pass Congress this week. They, like all of us, understand that the blockage of the H-2B legislation has nothing to do with the merits of helping the H-2B community, but rather is a result of partisan political gamesmanship on issues wholly unrelated to us.
It is not time to panic yet. We need to continue contacting our Representatives and Senators to pass this Bill NOW.
Keep calling and faxing Senators and Congressmen to let them know how important the Save Our Small and Seasonal Business Act of 2006 (S.2284/H.R. 4740) is to the businesses and communities in their districts and states. We are getting down to the nitty-gritty, and we still do not have an extension of our simple solution.
Thanks. Let us know of your progress.
CHARGE ON!!!
Hank Lavery
President
Save Small Business
We Need to See You in Washington on September 20th (Wednesday).
As Congress Wraps Up Its Work for the Year, Urgency Grows for
Passage of Save Small Business Bill.
Dear Friends and Colleagues:
Throughout America we pause, reflect and pray as we remember those who died in New York , Pennsylvania and Virginia five years ago today. Our thoughts and prayers go out to the families of the September 11th victims, and to our soldiers who have served in Afghanistan and Iraq to protect us from future terrorism.
As you know, we are now just 18 days away from H-2B Disaster Day. We know that many of you have been contacting your Senators and Representatives to stress the importance and absolute necessity of the Save Our Small & Seasonal Business Act of 2006 (S.2284/H.R. 4740).
Despite your efforts and commitment to getting this Bill passed, Congress has yet to pass it. Like 99% of bills in Congress, our Bill will need to be attached to another piece of legislation in order to pass. This is exactly what happened with the first Save Small Business Act last year. Unfortunately, the Save Our Small & Seasonal Business Act of 2006 has net yet made it over the goal line, despite Democrats and Republicans, conservatives and liberals, Senators and Representatives who share a common support for our efforts.
We are simply running out of time. Congress is running out of time. Good intentions have not translated into the simple action of getting out Bill passed and signed into law by the President.
To rally Congress to pass the Bill WHILE THERE IS STILL TIME, Save Small Business and our H-2B partners are asking every able-bodied representative of small and seasonal businesses to come to Washington on Wednesday, September 20th. We will meet in the US Senate at 8:00 AM, and spend all day chasing down Senators, Representatives and their staffs to GET THIS BILL PASSED!
Check you schedules, make your reservations, and let us know that you will be here starting at 8:00 AM on September 20th. Send an e-mail to KStrumpf@SaveSmallBusiness.org to let us know that you will be coming. We will provide details about the site of our meet-up and other important logistical details. You can plan to be working hard from 8:00 AM until at least 5:00 PM. Just make sure to wear comfortable walking shoes that day - you will need them as you crisscross Capitol Hill.
At this point, personal visits from constituents are the only activities that can help our cause. We realize that this is short notice, but the more small and seasonal business owners and representatives who can come to Washington on the 20th, the better.
Remember: Senators and Representatives can push aside written materials about the Bill and ignore the urgent need to act on H-2B visas.
However, they CANNOT IGNORE YOU WHEN YOU ARE IN FRONT OF THEM. Our argument is simple: We simply want to stay in business, AND OUR ONLY CRIME IS THAT WE HAVE CHOSEN TO FOLLOW THE LAW regarding hiring foreign workers.
That is why each of us needs to figure out a way to come to Washington on September 20th. We know that it is hard for you to take even a day off from your workweek to come to our Nation's Capital. But without you we will not be able to meet our goal to have every Senator and Representative to fighting to pass this Bill ASAP.
Let's show our Senators and Congressmen have important the Save Our Small and Seasonal Business Act of 2006 (S.2284/H.R. 4740) is to our valuable businesses and the communities we serve.
I look forward to seeing you in Washington on September 20th.
CHARGE ON!!!
Hank Lavery
President
Save Small Business
Dear Friends and Colleagues:
We are now just 21 days away from H-2B Disaster Day! Congress has been back in session since Tuesday, and both the House and Senate have been bogged down in matters that do not relate to the Save Small Business Bill. The House of Representatives, in fact, spent most of yesterday (over FOUR HOURS of debate) on a Bill to provide for humane treatment of HORSES. Apparently this is an issue that the actress Bo Derek believes is very important, and she came to Congress to ask for help in assisting horses across America . Members of Congress, remembering that she starred in the movie "10", took her plea to heart and decided to dedicate an entire day to this unbelievably weighty issue of earth-shattering importance. I have copied an article from today's Washington Post that goes into detail on the horse protection bill and how it dominated Congress's day.
So, RATHER THAN FOCUSING ON SAVING SMALL AND SEASONAL BUSINESSES (not to mention addressing any other issue of consequence to our country and our citizens), Congress is wasting the little time it has before it closes down for the November election on issues like this.
It is up to all of us to get Congress back to the issue at hand. Either the Save our Small & Seasonal Businesses Act of 2006 gets passed in the next couple of weeks, OR OUR BUSINESSES ARE DOOMED. We continue to be told by our top supporters on Capitol Hill that the solution will be passed, but with so little time left and so many issues of real importance still waiting to be addressed, we cannot take anything for granted. We cannot stop pushing our Senators and Representatives to pass this Bill now!
You know the drill, you know what you need to do. Track down your Senators and Representatives. Your Representatives ARE HOME RIGHT NOW in their Districts going from Campaign Event to Campaign Event. You and everyone else you know need to get to as many of these Events as you can. Make sure that your Representatives know how much you appreciate the fact that CONGRESS made humane treatment of horses MORE IMPORTANT than saving the SMALL AND SEASONAL BUSINESSES IN YOUR COMMUNITY.
Go to your Representative's website to locate their Campaign HQ phone number and address. Often on the website you can also find out where he or she will be appearing at upcoming campaign events. If the events are not on the web, then either call or go directly to the Campaign office to find out where your Representative will be appearing. When you meet with your Representative, be sure that you bring a letter that the Representative can take with him or her following the meeting.
Whatever you do, MAKE SURE THAT YOU GET THE REPRESENTATIVE to COMMIT to getting our Bill passed NOW. Do not take any excuses about "Congress being too busy with other issues" or some other non-sense. Remember, the House of Representatives has already put pleasing Bo Derek ahead of saving your business from ruin.
Of course, as we all know, we cannot rely on one encounter with your Representative and believe that the job has been done. You need to get all of your family, friends, colleagues and others in your industry to DO EXACTLY WHAT YOU HAVE DONE. When a Representative has heard the same thing from an army of constituents there is a much greater chance that something will be done than if only one person is advocating the issue.
Finally, you can count on your Representatives coming back EVERY WEEKEND this month to campaign. You need to repeat next weekend and the next weekend what you have done this weekend. Each time you see your Representative, ask the simple question: "Has Congress passed and the President signed into law the Save Small Business Bill?"
Your local newspapers will likely jump on the fact that while your Representatives are fighting to promote the humane treatment of horses, small and seasonal businesses in their community WHOSE ONLY FAULT IS THE FACT THAT THEY CHOOSE TO OBEY AND UPHOLD US IMMIGRATION LAWS, cannot get Congress's attention. With three weeks left before H-2B Disaster Day, local newspapers and TV stations need to get into the act.
Let's now let all of our hard work and dedication not produce results. Let's get this bill passed, and keep American small and seasonal businesses in business. You just want to be able to run your small business. Tell Congress that you need to stay in business, and the only way is to pass the Save our Small & Seasonal Business Act of 2006.
CHARGE ON!!
Hank Lavery
President
Save Small Business
Dear Friends and Colleagues:
We are now just 25 days away from H-2B Disaster Day. The clock is ticking, Congress comes back today from its long August recess, and Congressional leaders plan to be in session only a few weeks before they shut down again in preparation of the November 2006 elections.
At this point, we can inform you that THE efforts YOU TOOK WITH YOUR SENATORS AND REPRESENTATIVES over the summer ARE WORKING. We may be VERY CLOSE to a solution.
With a big push TODAY and TOMORROW, we might just be able to win this battle.
Most of you should have received, or will soon receive, the September edition of the Save Small Business Newsletter. As you will have read, we have been working day and night to get this Bill passed in time before H-2B Disaster Day strikes.
Despite the fact that we are running the organization on a shoe-string budget, we have depleted most of our resources as we have completed our vital work to help get the Bill to this point.
Given the importance of the H-2B program to thousands of small and seasonal businesses throughout the US , we assumed (incorrectly as it turns out) that EVERY H-2B EMPLOYER would gladly send in the modest membership dues that were set by our Board. With 100% participation, we would have had sufficient resources to keep working until a PERMANENT FIX to the H-2B program could pass Congress.
Unfortunately, this has not been the case. Only a fraction of the H-2B community has sent in their fair share of membership dues. Without an infusion of resources from all of you, we will only be able to stay in operation for just a few weeks longer.
Even if you have already paid your membership dues for 2006, we need your help again. Please send us whatever amount you can afford.
We are close to victory in obtaining a temporary extension of the H-2B Returning Worker Exemption. Please do not stop your efforts today and tomorrow until you know that you have done EVERYTHING to get your Representatives and Senators charged up to get these Bills passed this week.
Charge On. Charge On. And Keep Charging.
Hank Lavery
Save Small Business
Yesterday was an eventful day for Save Small Business and many of our Maryland members in the seafood processing business! Along with three of Senator Mikulski's staffers; Erin Corcoran from the Washington, DC office, Cindy Betts from the Salisbury office, and Justin Hayes from the Baltimore office, we visited numerous seafood processing plants along the Chesapeake Bay.
Two of our most active members, Jack Brooks from J.M. Clayton Company, and Bill Sieling from the Chesapeake Bay Seafood Industry coordinated this event in which Senator Mikulski's staffers had the opportunity to see the H-2B employees at work, often times right along side local American workers. This was an incredible opportunity to see the true essence of the H-2B Seasonal Worker Program: sustaining American small businesses. Senator Mikulski's staff was able to visit the seafood processing plants of W. H. Harris Seafood, J. M. Clayton Company, A. E. Phillips, Rippons Brothers, G. W. Hall & Son, and S.E.W. Friel. Visiting these various seafood plants allowed the Senator's staff to see first-hand how heavily small businesses rely on the H-2B Seasonal Worker program.
The day was capped off with a seafood lunch provided by Old Salty's Restaurant, where small business owners had the opportunity to talk to Mikulski's staff, and tell their small business story. Erin Corcoran seemed to greatly enjoy the day, and thought it would be great to get other Senators and Representatives out to see the seafood processing industry first-hand. We hope to extend these visits to other industries that utilize the H-2B program. This can be done in any state, in any industry, with all of the Senators and Representatives. All it takes is initiative, as demonstrated by our Save Small Business members in Maryland .
Thanks again to Jack Brooks and Bill Sieling, and to our Save Small Business members at Terrapin Fish, Captain Phips Seafood & Ice, Four J's Seafood, G.W. Hall & Sons, Dorchester Seafood Harvestors, Phillips Restaurants, A.E. Phillips & Sons, Russell Hall Seafood, W.T. Ruark Seafood, and Rippons Brothers Seafood.
Dear Friends and Colleagues:
Our members in Louisiana have done it again! We have more good news to share..last week, Senator Mary Landrieu signed on as a co-sponsor of S. 2284, the Save our Small and Seasonal Business Act of 2006. This comes hot on the heels of the addition of Representative Rodney Alexander as a co-sponsor to H.R. 4740, the House version of the Bill.
We want to thank all of our members in Louisiana who have worked to build co-sponsorship of the Save our Small and Seasonal Business Act of 2006. Your dedication and commitment to the H-2B cause is much appreciated, and we applaud your efforts!
We hope that each of you is taking advantage of Congress's recess by attending meetings hosted by your Senators and Representatives. Please utilize these town hall meetings, informal chats, and events around your to bend your Senators and Representatives ear about the Save our Small and Seasonal Business Act of 2006. We have received emails from many of our members reporting about town hall meetings they have attended, and various opportunities in which they have verbalized their absolute need for the Save our Small and Seasonal Business Act of 2006 to be extended into law.
These are great opportunities for you to get a commitment from your elected officials. Hearing from you in front of your friends and neighbors leaves these Senators and Representatives with little choice but to do the right thing!
If you have yet to attend a town hall meeting, PLEASE find out when and where they will be held in your area. It is imperative that each and every one of our members attend these meetings and stress the importance of S.2284/H.R. 4740. If you are not sure if your Representative and Senators are signed on as co-sponsors, please visit www.savesmallbusiness.org, and look for their name. If you don't see it there, you know what you need to do! Let's work together to get this bill moving, and extended into law when Congress goes back in session in September.
Tell your Senators and Representatives your story. Tell them how your small business would fail without the H-2B guest worker program. Tell them the future of your business depends on the extension of the Save our Small and Seasonal Business Act of 2006. Tell them NOW!
CHARGE ON!!!
Hank Lavery
President
Save Small Business
The good news continues to roll in as the Save Small Business members work to build co-sponsorship of S.2284/H.R. 4740, the Save our Small and Seasonal Business Act of 2006.
The members of Save Small Business are unstoppable in their pursuit to build co-sponsorship, and that diligence has again produced fantastic results! Yesterday, Senator Craig Thomas [R-WY] signed on as a co-sponsor of S.2284, the Save our Small and Seasonal Business Act of 2006. Big thanks to our members in Wyoming who worked so hard to persuade the esteemed Senator Thomas to sign on to this crucial small business bill.
Always hard at work, our members in Ohio have done it again..we just received word that Senator George Voinovich [R-OH] signed on as a co-sponsor of S.2284. Many of our Ohio members were at Planet's fly-in to Washington, D.C. last week, and we can thank them for the addition of this respected Ohio Senator. We now have 100% co-sponsorship in the Senate for the state of Ohio. Thank you, Ohio!
As you know, the Senate and House of Representatives goes into recess today, August 4th. During the month of August your Senators and Representatives will be in their home states, it is crucial that each of our Save Small Business members attend as many town hall meetings. Now is the time to bend your Senators and Representatives ear about the desperate need the Save our Small and Seasonal Business Act of 2006. Your business, your community, and American commerce depend on the H-2B program. Tell your Senators and Representatives your story, we want them to be bombarded with H-2B supporters everywhere they turn. With your help, these Senators and Representatives will come back from the August recess and get the Save our Small and Seasonal Business Act of 2006 MOVING.
Attached is a press release from Senator Barbara Mikulski's office reaffirming her commitment to the H-2B bill, and to sustaining American small businesses. She is working hard for us; let's work hard for her, too.
Time is of the essence, and we need our Save Small Business members to work with us to build co-sponsorship and GET THIS BILL PASSED! The time to contact your Senators and Representatives is NOW. We have a great routine going, let's continue this path of success and build co-sponsorship and put the Save our Small and Seasonal Business Act of 2006 into law. Let's do it together, folks.
CHARGE ON!
Hank Lavery
President
Save Small Business
WASHINGTON, D.C. - As the U.S. Senate prepares to adjourn for its August recess, Senator Barbara A. Mikulski (D-Md.) today pledged to keep fighting until the Senate passes her legislation to enact a three-year extension of a crucial provision from her "Save Our Small and Seasonal Businesses Act," which was signed into law by President Bush in May 2005. The language is currently part of the immigration bill pending in a U.S. House/Senate conference committee.
"Everything in Washington does not need to be a political hot potato. I promised small businesses they could count on me to keep fighting until we had a solution and they had the seasonal workers they needed to stay in business. My promises made are promises kept," said Senator Mikulski. "Without these seasonal workers, many businesses may be forced to limit services, lay off permanent U.S. workers or, worse yet, close their doors."
The "Save Our Small and Seasonal Businesses Act" made significant changes to the federal H2B (non-skilled seasonal worker) visa program that resulted in saving thousands of small businesses around the country. Among the changes, it exempted returning seasonal workers from counting against the national cap of 66,000 people, created new anti-fraud provisions, and ensured a fair allocation of H2B visas among spring and summer employees. The cap exemption, which provided significant relief to Maryland's crab industry that often hires the same dependable workers every year, is set to expire on September 30, 2006.
To meet the impending deadline, Senator Mikulski pledged to introduce her legislation as a stand-alone bill if immigration reform remains stalled during the August recess.
"When businesses cannot find local workers to fill their seasonal needs, they can then turn to the H2B program," Senator Mikulski continued. "Without being able to get the seasonal workers they need, these businesses would not survive."
The H2B extension:
Evidently, our Save Small Business members are hard at work, as we picked up two more co-sponsors in the House of Representatives. Representatives Rodney Alexander [LA-5] and Joseph Pitts [PA-16] signed on as co-sponsors to the Save our Small and Seasonal Business Act of 2006 (H.R. 4740). Thank you to Louisiana and Pennsylvania for their hard work! Let's keep it up!
I know that you are working to set up your meetings, schedule times for the Congressional town hall meetings, and otherwise pushing for the Save Small Business extension.
Just thought I would share this again with you, in case this is the first time you are doing this or you want a refresher, here are the points from my previous update. Feel free to share your ideas, shoot me an email, or call the Save Small Business headquarters at 240.238.4412.
In case you missed this in our last update, I have reprinted below the easy instructions to follow in order to make yourself heard at the Congressional Town Hall Meetings in your area.
Here is how you can participate in your Representative's Town Hall meeting:
Call your Representative's District office to find out when and where the meetings will be held. If you cannot get the information from the Congressional office, then contact your local newspaper or other resource for the information. You can bet your Member of Congress will want the newspapers covering the meeting. Before the Town Hall meeting, write down on a piece of paper what you want to say. Practice asking your question or making your statement in front of people you like and respect. Saying it out loud beforehand will help you when you are at the meeting. When the opportunity arises, go ahead and speak. Tell them your story, tell the Member of Congress and the assembled crowd how your business will fail without H-2B employees, and that you desperately need this bill to be passed to ensure the continued success of your small business. Make sure that you follow-up with your Representative after the meeting, and that you get the NAME, PHONE NUMBER AND E-MAIL ADDRESS of the Congressional staffers accompanying the elected official. Follow up EARLY and OFTEN with the Representative's office until the Save Small Business bill extension passes Congress. KEEP UP THE PRESSURE.
We are getting closer, KEEP IT UP!
CHARGE ON!!!
Hank Lavery
Yesterday, Representative Thelma D. Drake (VA-2) signed on as a Co-Sponsor of H.R. 4740, the Save our Small and Seasonal Business Act of 2006. THANKS TO THE GREAT WORK OF SAVE SMALL BUSINESS MEMBERS IN Virginia one more key Representative is now on record to support this crucial bill for America's small and seasonal businesses. Our efforts are working -- keep up the great work!
Our strategy of building support for the Save Small Business extension is working! However, our work is far from over. Last year, we had 85 co-sponsors in the House of Representatives, and 38 in the Senate. You do the math-we still need to build co-sponsorship in both the House and Senate. The greater the co-sponsorship of the Save our Small and Seasonal Business Act of 2006, the greater our chances of getting the bill extended into law. You work is simple-contact your Senators and Representatives and explain why the H-2B program is critical to your small business. Fax, call, and visit your Congressional leaders offices to stress the importance of the Save our Small and Seasonal Business Act of 2006. Senators and Representatives who choose to co-sponsor the Mikulski/Bass bill support small and seasonal businesses. Those who choose not to sign up don't.
Senators and Representatives will be in their home states for the August recess, utilize this time to meet with them. We need each and every Senator and Representative to realize the crucial need for the Save our Small and Seasonal Business Act of 2006 for American small businesses. Work together with fellow H-2B users in your state, or states in which you do business, to get your Senators and Representatives signed on to S. 2284 / H.R. 4740. WE CANNOT STOP UNTIL EVERY SENATOR AND REPRESENTATIVE IS A CO-SPONSOR!
Charge On. Charge On.
Hank Lavery
Dear Friends:
The Save Our Small and Seasonal Businesses Act of 2006 needs to pass Congress in time to avert the H-2B Disaster (H-2B Disaster Day is September 30, 2006). We continue to work to get enough support so that the Bill can get attached to another piece of legislation that is moving through Congress. This is exactly what happened last year, when our H-2B Bill was attached to the President's Emergency Supplemental Appropriations Bill.
Your mission continues to be the same: Convince your Senators and Representatives to Co-Sponsor S. 2284 (the Mikulski/Warner Bill) and H.R. 4470 (the Bass Bill).
Where is the best place to speak to your Senators and Representatives over the 4th of July Weekend? Well, there is no better place than at one or more of the parades that your elected officials will appear in. I can guarantee that your Members of Congress and US Senators will be appearing at many parades this weekend and again on the 4th.
Before you go to the parade, make sure that you print off a simple message to give to your elected officials. Write a quick note to inform your elected official about the need for the H-2B returning worker exemption, and ask the Senator or Representative to become a Co-Sponsor. Turn the table on these folks - they want your vote, you want their Co-Sponsorship. Trade your vote for the politicians' support.
Remember, we were in a similar place last year. It took all of us working hard in order to achieve success. We are now in the battle for the H-2B extension - and we must win again. Our fortunes, and the fortunes of our US employees, customers and communities we serve depend on our success. Our victory depends on how successful we are in convincing Representatives and Senators to sign on as Co-Sponsors.
Charge On. Charge On.
Hank Lavery
Here is the actual 4th of July weekend parade/outside event schedule of a current Member of Congress. EVERY MEMBER OF CONGRESS AND US SENATOR has a similar schedule. Your job is to find out where the parades are going to be and go enjoy the excitement. I plan on being at the parades to see my Senators and Representatives, hopefully you will be there as well. The best places to get the attention of your elected officials is at the beginning and end of the parade routes. REMEMBER: Give the elected official something in writing with your name and contact information so that your request will not be forgotten when he or she returns to work on July 5.
Dear Friends:
This morning's Washington Post reported that the Immigration Plan backed by the President (and passed by the US Senate) is all but DEAD. The House of Representatives continues to reject the President and Senate's plan - without the House the legislation can go nowhere. This affects us because language to extend the H-2B returning worker exemption was included in the President and Senate's Immigration Plan. I have reproduced the Washington Post article below so that you can read this for yourself.
Therefore, the only way for the Save Our Small and Seasonal Businesses Act of 2006 to pass Congress in time to avert the H-2B Disaster (H-2B Disaster Day is September 30, 2006) is for the Bill to be included in another piece of legislation that Congress must pass. This is exactly what happened last year, when our H-2B Bill was attached to the President's Emergency Supplemental Appropriations Bill.
With this breaking news, you need to IMMEDIATELY CONTACT YOUR ELECTED OFFICIALS (both those who are already sponsors, as well as those who are not yet sponsors) and fight to have our H-2B Bill attached to a bill that is sure to pass Congress. At this point it is not important which legislation is chosen for this - ALL THAT IS IMPORTANT IS THAT THE H-2B RETURNING WORKER EXEMPTION IS EXTENDED BEFORE H-2B DISASTER DAY STRIKES! Start calling - those of you are able to come to Washington should think about this as well.
When you call, DEMAND to speak to the Chief of Staff (if calling Washington) or the District/State Director (if calling the local office). The time for speaking with lower-level staffers is over.
We were in a similar place last year and it took ALL OF US working hard in order to achieve success. We have arrived at this year's battle - it will take every bit as much energy, determination and intestinal fortitude if we want to win again. Our fortunes, and the fortunes of our US employees, customers and communities we serve depend on our success. Our backs are against the wall. Now let's get to it.
Charge On. Charge On.
Hank Lavery
By Jonathan Weisman and Shailagh Murray
Washington Post Staff Writers
Wednesday, June 21, 2006; A01
In a move that could bury President Bush's high-profile effort to overhaul immigration law until after the midterm elections, House GOP leaders yesterday announced a series of field hearings during the August recess, pushing off final negotiations on a bill until fall at the earliest.
The announcement was the clearest sign yet that House Republicans have largely given up on passing a broad rewrite of the nation's immigration laws this year. They believe that their get-tough approach -- including building a wall along the border with Mexico and deporting millions of illegal immigrants -- is far more popular with voters than the approach backed by Bush and the Senate, which would create a guest-worker program and allow many illegal immigrants to apply for U.S. citizenship.
House GOP leaders said yesterday that several committee chairmen will hold field hearings in congressional districts in the Southwest, the South and other areas where the issue of illegal immigration is especially potent. Those hearings will take place before the start of the formal negotiating process between the House and Senate, which could take months to complete given the complexity of the issue and the competing business, labor and social concerns.
"I'm not putting any timeline on this thing, but I think we need this thing done right," Speaker J. Dennis Hastert (R-Ill.) said after a House leadership strategy session.
Senate negotiators played down the hearings, noting that informal talks had already started between the House and the Senate. "There's a general recognition that we need a bill," said Senate Judiciary Committee Chairman Arlen Specter (R-Pa.), a key backer of the Senate legislation. "We're going to get together. We're going to sit down and try to work it all out."
Asked whether a deal could be struck with the Senate this fall, in the throes of a difficult reelection season, House Majority Whip Roy Blunt (R-Mo.) allowed: "I think that's possible. I don't know how likely it is."
White House spokeswoman Dana Perino sought to put the House announcement in a positive light, saying the field hearings could "possibly provide an opportunity to air out issues" that she conceded are "complex." But she added: "The president is undeterred in his efforts to pass comprehensive immigration reform."
Rep. Tom Tancredo (R-Colo.), who is leading the fight against the Senate plan, said: "Odds were long that any so-called 'compromise bill' would get to the president's desk this year. . . . The nail was already put in the coffin of the Senate's amnesty plan. These hearings probably lowered it into the grave."
Sen. Edward M. Kennedy (D-Mass.), one of the main authors of the Senate plan, called the announcement "a cynical delaying tactic."
The House move was widely viewed as a slap at Bush, who is seeking a comprehensive immigration bill along the lines of the one approved by the Senate on May 25, which would tighten border controls, establish a guest-worker program for future immigrants and offer most of the nation's estimated 12 million illegal residents a chance to become citizens. The announcement came shortly after Bush left on a trip to Europe.
House Republicans have long frowned upon the president's approach. In December, they passed a bill that would tighten border controls, clamp down on employers who hire undocumented workers, and declare illegal immigrants and those who assist them to be felons. Their position was solidified this month after Republican Brian Bilbray defeated Democrat Francine Busby by running against Bush's immigration plan in a hard-fought special election to replace imprisoned former congressman Randy "Duke" Cunningham (R-Calif.).
Since then, House leaders have dragged their feet on naming negotiators to a House-Senate conference to reconcile the chambers' two bills. The field hearings, which will be conducted through Labor Day, will be held at the discretion of the chairmen of the Judiciary Committee, the Homeland Security Committee, the Government Reform Committee and any other House committee that can demonstrate tangential jurisdiction over immigration, GOP leaders said.
GOP aides said the topics could include the Senate's decision to allow undocumented workers to keep Social Security benefits earned while they worked in the country illegally; the Senate requirement that illegal workers be required to pay taxes on three of their last five years of income to become eligible to apply for citizenship; and the assertion that the Senate plan could allow as many as 100 million new immigrants into the country over the next 20 years.
"We clearly want to solve this problem," said House Majority Leader John A. Boehner (R-Ohio). "But the House bill is very different than the Senate bill, and I think we want to have a clear understanding of what is in that bill."
The field hearings "will be about forming a credible strategy and a credible plan to secure the borders," said Rep. Eric I. Cantor (R-Va.), the House GOP's chief deputy whip. "That's what the issue is. Once we can accomplish that, we can begin to talk about the rest of the equation, the 12 million illegals here, et cetera."
Hastert added: "Right now, I haven't heard a lot of pressure to have a path to citizenship."
Dear Friends:
Now that you have had the past month or two to spend on promoting and running your businesses, it is time again to returning "fulltime" to pass the Save Our Small and Seasonal Businesses Act of 2006.
All Save Small Business members are invited to participate in a telephone update of issues related to the Bill. Here are your instructions:
Date/Time: Monday, June 20th, 2:00 to 3:00 PM.
Telephone Number: (978) 964-0031
Passcode : 2516334#
I will be on the call, together with Don Mooers and several others. In order to ensure that we will cover all the points important to the current debate, Save Small Business members from coast-to-coast will be able to listen to our discussion. So that we will be sure to answer all of your questions and respond to your concerns, we ask that you send your questions/e-mails beforehand to KStrumpf@SaveSmallBusiness.org.
We now have 27 Senate Co-Sponsors and 63 House Co-Sponsors. These sponsors are listed in the Save Small Business Newsletter that was sent to members last week. Remember, if your Senator or Representative is not yet a co-sponsor, then we need you to get them on board!
According to news reports and Congressional experts, the likelihood of Comprehensive Immigration Reform ("CIR") passing the full Congress in time to help H-2B employers in the coming year is somewhere between SLIM and NONE. This means that Congress must find a way to take the Mikulski/Bass bill (The Save Our Small and Seasonal Business Act of 2006) and attach it to another piece of legislation. Fast.
The only way that Congress will do this is if enough Senators and Representatives want this to happen.
The only way that Senators and Representatives will move on this is if YOU CONVINCE THEM that this Bill is important to their constituents and state. Like last year, there is no short-cut. You and your colleagues from your state must convince each of your Senators and Representatives.
Call or visit the Senators and Representatives who already signed up as co-sponsors to get them to move the Bill to passage. You cannot wait. Your business cannot wait. The communities and customers you serve cannot wait.
Waiting Equals Disaster. H-2B Disaster Day is September 30, 2006.
Please let me know how you liked our Newsletter - we tried to provide you with the information that you need.
Charge On. Let's get moving. It is now or never time.
Hank Lavery
Dear Friends:
GREAT NEWS!
Yesterday, Senator Joseph Biden [D-DE] signed on as a Co-Sponsor of S.2284, the Save our Small and Seasonal Business Act of 2006 ( S. 2284) . THANKS TO THE GREAT WORK OF SAVE SMALL BUSINESS MEMBERS IN DELAWARE, one more key Senator is now on record to support this crucial bill for America's small and seasonal businesses. We now have 100% co-sponsorship for the state of Delaware. Our efforts are working -- keep up the great work!
Our strategy of building support for the Save Small Business extension is working! However, we have to do more. Now that Comprehensive Immigration Reform has passed the Senate, we must work harder than ever to extend the H-2B returning worker exemption. H-2B Disaster Day is looming! We cannot expect Comprehensive Immigration Reform to solve our problem in time.
It is up to each and every one of us to create success and pass the bill. Keep up the great work. We will keep pushing from our end too. We CANNOT STOP UNTIL EVERY SENATOR IS A CO-SPONSOR!!!!!
127 Days Until H-2B Disaster Day!
CHARGE ON!
Hank Lavery
Dear Friends:
GREAT NEWS!
Yesterday, Senator DeWine [R-OH] signed on as a Co-Sponsor of S.2284, the Save our Small and Seasonal Business Act of 2006. In just one week, THANKS TO THE GREAT WORK OF SAVE SMALL BUSINESS MEMBERS IN OHIO AND KANSAS, two more key Senators are now on record to support this crucial bill for America's small and seasonal businesses. Our efforts are working -- keep up the great work!
Thank you to Ohio's Save Small Business members who worked together to convince Senator DeWine to sign on as a co-sponsor. Just like the Save Small Business members from Kansas (last week we learned that their efforts achieved success when Sen. Sam Brownback, another prominent Republican, became a formal co-sponsor of the Bill), your joint work made this happen. Thanks to you, we are closer to averting the looming H-2B Disaster.
Keep up the great work. We will keep pushing from our end too. We CANNOT STOP UNTIL EVERY SENATOR IS A CO-SPONSOR!!!!!
CHARGE ON!
Hank Lavery
Good news - our great H-2B advocates in Kansas have been hard at work! Senator Sam Brownback signed up to co-sponsor of the Mikulski/Bass Save Small Business Bill.
This is a result of your hard-work and dedication to preserving the H-2B program. The fight is far from over; we need more Senate co-sponsors on this bill. Last year we had 38 Senate co-sponsors on S.352, and this year we currently have 23 Senate co-sponsors. Let's work together to get even more Senate co-sponsors than last year. The future of America's small businesses depends on us working together to get obtain the H-2B extension. Continue pressing your Senators and Representatives to co-sponsor the Save Our Small and Seasonal Businesses Act of 2006!
The US Senate plans to begin debate on its Immigration Reform bill. This bill contains language extending the H-2B returning worker cap exemption. Tune into C-SPAN2 to watch all the action. We will let you know if you need to weigh in on the Bill - at this point the H-2B language appears to be on solid ground.
President Bush is expected to speak this evening for 20 or so minutes on his immigration plan. This is big news since this will be the first time he will have fully addressed the issue. Hopefully the President's participation in the debate will help get legislation passed to solve America's broken immigration system.
ONLY THE RETURNING WORKER EXEMPTION IS EXPIRING. If the Save Our Small and Seasonal Businesses Act of 2006 does not pass, YOU WILL NO LONGER HAVE ACCESS TO THE RETURNING WORKER EXEMPTION. As of September 30, 2006, the exemption will be kaput. Over. Finished. Gone.
However, everything else in the 2005 bill continues on permanently.
Save Small Business is Working With You to Get More Senators and House Members to Sign up as Co-Sponsors: READ YOUR E-MAILS FROM SAVE SMALL BUSINESS: You have, or will, receive an e-mail from us containing the names and contact information of the H-2B users in your State, together with the name(s) of the US Senator(s) from your state who has not yet signed on as a co-sponsor of the bill. Do not delete this e-mail! We need you to reach out to your colleagues to go after your elected officials!
Remember: WE CANNOT STOP UNTIL EVERY ELECTED OFFICIAL IS A CO-SPONSOR!
CHARGE ON!
Hank Lavery
Dear Friends:
Congress must act before the September 30th expiration date of the H-2B Returning Worker exemption.
Let's work to sign up as many Senator and Representative as possible as co-sponsors by the end of this month.
WE CANNOT STOP UNTIL EVERY ELECTED OFFICIAL IS A CO-SPONSOR!
CHARGE ON!!
Hank Lavery
Dear Friends:
On September 30, 2006, the Save Our Small and Seasonal Businesses Act of 2005 will expire. Hundreds of small and seasonal businesses, and the communities these businesses serve, face disaster if this should happen.
We have come far, but still have not succeeded in achieving our goal. WE NEED EVERY SENATOR AND REPRESENTATIVE TO COSPONSOR THIS LEGISLATION.
Look at the list below - either your Senator and Representatives have signed up as co-sponsors, or they have not. If they have signed up you have done your job.
If they HAVE NOT signed up, then you and your fellow H-2B employers still have work to do. Senators and Representatives who choose to co-sponsor the Mikulski/Bass bill support small and seasonal businesses. Those who choose not to sign up don't.
It is that simple.
Let's get to work. We need every Senator and Representative to sign up as co-sponsors by the end of this month. DO NOT STOP UNTIL YOU SEE THEIR NAMES ON THE LIST!
CHARGE ON!!
Hank Lavery
Great news! The Mikuski Bill, The Save Our Small and Seasonal Businesses Act of 2006, has been included in the latest version of the compromise immigration bill.
Why is this great news? Simple - we now have two tracks for the H-2B extension:
Our Mission remains the same: Get More Cosponsors for the Senate and House H-2B Bills.
Our formula is simple. The more Senators and Representatives who support S.2284 (the Senate bill) and H.R.4740 (the House bill), the better our chances will be in obtaining the H-2B extension. This will be especially true should the Comprehensive Immigration bill become bogged down in bickering and we need to follow Track Two.
So... Continue pressing your Senators and Representatives to co-sponsor the Save Our Small and Seasonal Businesses Act of 2006! The list of current co-sponsors is included at the end of this e-mail. Remember, if your elected officials are not on the list, then they have not given their full support to a major issue that their constituents care deeply about.
Here is a great Editorial on the need for the H-2B extension that appeared recently in the Denver Post. It would be wonderful if every one of the newspapers covering your communities published a similar editorial.
H-2B workers are important to Colorado's economy. This useful program shouldn't get sidetracked by the bellicose rhetoric of the immigration debate.
By The Denver Post
As Congress wrestles with illegal immigration, an existing program that allows thousands of foreign workers to enter the U.S. legally to fill seasonal jobs in Colorado's tourism, service and landscaping industries is in danger of expiring because of a legislative logjam.
A three-year extension of the H-2B visa program (set to expire Sept. 30) was attached to the Senate immigration bill that stalled before Congress adjourned. The program is capped at 66,000 non-skilled, non-agricultural workers who receive visas to work in such industries as resorts, landscaping, timber, mining and seafood.
The seasonal hands are critical to this state's economy, according to Ilene Kamsler, president of the Colorado Hotel and Lodging Association. Carefully sidestepping the debate on undocumented immigrants, she emphasized, "They're temporary workers with visas - they're not illegal." In Colorado alone, these workers fill about 80,000 jobs (workers returning to jobs they've held previously don't count against the cap). About one-fourth of the all the H-2B visas are issued to people who work in Colorado, Kamsler said. Seasonal employees clean rooms or work in food service at ski resorts, for example.
Many workers are from Latin America, and often members of an extended family will work at specific jobs, such as installing sprinkler systems or maintaining yards. Employers have long-standing relationships with the temporary workers who return year after year, according to Kristen Sirovatka Fefes, executive director of the Associated Landscape Contractors of Colorado.
Sen. Barbara Mikulski, D-Md., is pushing for extension of the H-2B program, which provides workers for her state's crab industry. Spokeswoman Melissa Schwartz says Mikulski will "fight in the coming months to find a legislative vehicle she can make H-2B a part of, if immigration reform fails."
The H-2B program enjoys bipartisan support in the Senate, Schwartz said, and the one-year extension passed in 2005 did so by a wide margin. Sens. Wayne Allard, R-Colo., and Ken Salazar, D-Colo., who voted for the previous extension, still support the visas, according to their offices. Kamsler gives the extension "a decent chance of passing" because it's a renewal of an existing program.
H-2B workers are important to Colorado's economy. This useful program shouldn't get sidetracked by the bellicose rhetoric of the illegal immigration debate.
CHARGE ON!
Hank Lavery
Dear Friends—
Over 100 business leaders came to Washington from California, Colorado, New Hampshire, Michigan, Ohio, Louisiana and dozens of other states. Everyone came here with the same message: SIGN ON AS A CO-SPONSOR OF THE H-2B EXTENSION BILL NOW!!!!
The H-2B troops were everywhere on Capitol Hill on March 15th. They canvassed the Senate, and covered the House. Some key House members received 3 and 4 separate delegations. The meetings worked as we immediately brought on additional co-sponsors in the House and Senate, with dozens of other Senators and Representatives promising to get on the Bill "soon."
The most frequent comment we received from Senate and House offices was this: "Why hasn't anyone asked me to co-sponsor before today? I support the Bill, but did not want to sign on until my constituents told me that it was important to them!"
The lesson from this is simple: Each and every one of you needs to go out and tell your Representatives and Senators that they need to co-sponsor the Save Our Small and Seasonal Businesses Act of 2006. The Bill numbers are S.2284 in the Senate and H.R.4740 in the House of Representatives.
Congress is out of session this week, so either your Representatives and Senators are back home meeting people like you or they are out spending your money on travel junkets. Hopefully they are back home waiting for your call, fax, and face-to-face meeting.
This week we need each and every one of you to do the following:
Send me an e-mail if you need help figuring out the other H-2B employers in your state with whom you can work.
Also, those of you who came to Washington on the Fly-In need to send me an e-mail to let me know how it went for you. Who did you meet? Are they ready to sign-on? I have heard from many of you, but not everyone. Thanks for getting your feedback to me.
The USCIS website just posted new numbers for the H-2B Cap. It looks like the cap will hit in the next week or two, fully 6 MONTHS BEFORE THE END OF THE FISCAL YEAR.
Guess what, folks! The Save Our Small and Seasonal Businesses Act of 2005 SAVED YOUR BUSINESSES THIS YEAR. If Congress does not act right now the Act will expire on September 30, 2006. Next year you can kiss your businesses goodbye if the SOS Extension Bill does not pass quickly.
Folks, please reply to me at Hlavery@SaveSmallBusiness.org.
CHARGE ON!! Let's go get them. NOW.
Hank Lavery
Make your reservations NOW to come to Washington, D.C.
Hotel listings on Capitol Hill:
Do Your Part to Save America's Small and Seasonal Businesses!
We have been asked by supporters of the Save Our Small and Seasonal Businesses Act of 2006 (the Save Small Business Extension Bill) to get as many small and seasonal employers and other supporters of the H-2B Bill to come to Washington, DC on March 15th to meet directly with their Senators and Representatives. With the Congressional debate on overall immigration policy and border enforcement moving at a fast pace, it is imperative that the H-2B issue does not get lost in the process.
Senate and House offices have informed us that without each of you making every effort you can to drum up support for the Save Small Business Extension Bill, we may see the H-2B returning worker exemption end permanently on September 30, 2006.
We know that this is short notice for most of you. We had hoped to make this later in the Congressional session, but the Congressional debate on immigration policy has already starting and is gaining steam. We need to make sure that the H-2B visa program (as the sole legal means by which employers can access seasonal workers) is front and center throughout the debate.
You can call us at (240) 238-4412 or send us an e-mail if you need help with setting up appointments with your Congressional office.
We have a group of Save Small Business members from Maryland and DC (two jurisdictions where elected officials are already highly supportive of this effort) who have agreed to volunteer to accompany people new to the process in their Congressional meetings. The most important person coming to Washington for the fly-in is YOU, because it is only to you that your elected officials will listen. However, we also know that having someone who has gone through this before with you can be helpful. All we want is to help you succeed.
As many of you already know, Save Small Business is the nationwide grassroots organization that is focused solely on the SOS Act and the needs of H-2B employers and the communities we serve. We keep all information about our network and members strictly confidential, and Save Small Business will never be in the business of processing H-2B workers or any other endeavor. Save Small Business BELONGS TO EACH OF YOU.
Please continue talking with your friends, colleagues and local associations about how the Save Our Small and Seasonal Businesses Act made a difference to you and the communities you serve. Tell the story about your dire need for workers and how this simple Congressional action solved your problem. Speak to your Rotary group or other organization about your success as a grassroots advocate. Your victory strengthened your friends' communities as well. Don't be shy about this great success. And don't be shy about talking about why you need the H-2B Extension Bill to pass Congress as early as possible in 2006.
If you or your colleagues have not yet joined Save Small Business, you need to take care of this IMMEDIATELY. Go to www.SaveSmallBusiness.org and sign up on line, and then send in your 2006 Membership Dues.
More to come on the March 15th fly-in this week and next. We have our Bill - let's now get it passed in time to help us in FY 2007 and beyond. It is up to us to make this the great success it deserves to be.
Charge On.
Hank Lavery
Dear Friends—
On February 14th, Senators Mikulski (D-MD) and Gregg (R-NH) (and others) and Representatives Gilchrist (R-MD), Delahunt (D-MA), Bass (R-NH) and Ortiz (D-TX) (and others) introduced legislation to extend the Save Our Small and Seasonal Businesses Act through 2009 (a three year extension).
The House Bill number is HR 4740, and the Senate Bill number is S.2284. Senator Mikulski issued a Press Release that explains the filing. Senator Mikulski and her staff worked very hard over the past several months to put together a solid coalition of supporters for an extension to our Bill.
"My promises made are promises kept."
WASHINGTON, D.C. — Continuing her commitment to saving small and seasonal businesses across the country, Senator Barbara A. Mikulski (D-Md.) today introduced legislation to enact a three-year extension for a crucial provision in her "Save Our Small and Seasonal Businesses Act," which was signed into law by President Bush in May 2005. The companion bill was also introduced today in the U.S. House by Congressman Charles Bass (R-N.H.).
The "Save Our Small and Seasonal Businesses Act" made significant changes to the federal H2B (non-skilled seasonal worker) visa program that resulted in saving thousands of small businesses around the country. Among the changes, it exempted returning seasonal workers from counting against the national cap of 66,000 people, created new anti-fraud provisions and ensured a fair allocation of H2B visas among spring and summer employees. The cap exemption, which provided significant relief to Maryland's crab industry that often hires the same dependable workers every year, is set to expire on September 30, 2006.
"I promised small businesses they could count on me to keep fighting until we had a solution and they had the seasonal workers they needed to stay in business. My promises made are promises kept," said Senator Mikulski. "This extension is necessary to make sure that small, seasonal businesses don't run into the same crisis they faced last year - unable to get the workers they need to survive their season. Without these seasonal workers, many businesses could be forced to limit services, lay off permanent U.S. workers or, worse yet, close their doors."
The Senator took up this cause after learning that many businesses across the country, and particularly in Maryland, were unable to obtain temporary, documented, seasonal, foreign workers through the H2B program. For the second year in a row, the H2B visa cap of 66,000 was reached just a few months into the 2005 fiscal year. Because companies are not allowed to apply for workers more than 120 days before they are needed, many Maryland businesses - that need about 7,700 workers - were unable to apply for visas before the cap was reached.
These workers are vital for many companies - including seafood processing, landscaping and hospitality companies - to stay in business. In fact, many use the H2B visa program year after year to legally hire temporary and seasonal staff when American workers are unavailable.
A bipartisan group of Senators have joined as co-sponsors to Senator Mikulski's bill, including: Paul S. Sarbanes (D-Md.), John F. Kerry (D-Mass.), Tim Johnson (D-S.D.), James M. Jeffords (I-Vt.), Judd Gregg (R-N.H.), Susan Collins (R-Maine), John Warner and George Allen (both R-Va.).
It is time to get back in the saddle. We will give you a Senate Bill number as soon as it is available, as well as a list of the House and Senate cosponsors of the legislation. Our objective is simple - if your Senator(s) and Representative have not yet decided to co-sponsor the Bill, then it is YOUR JOB to get them on board.
Save Small Business will be providing you with tools, talking points and instructions that you will need to win the day.
CHARGE ON!
Hank Lavery
Dear Friends—
The time has arrived. Congress has returned to work. Our energy now turns to pushing for an extension of the Save Our Small and Seasonal Businesses Act.
As soon as the Bill has been filed we will immediately post the information on our website, www.SaveSmallBusiness.org. We anticipate that the Bill will be filed in the US Senate and House of Representatives no later than February 7th (next Tuesday). We will keep you informed.
Here is the latest chart from the USCIS:
| H-1B (FY 06) | H-1B Advance Degree Exemption (FY 06) | H-2B 1st Half (FY 06) | H-2B 2nd Half (FY 06) | H-2B FY 06 | |
| Cap | 58,200* | 20,000 | 33,000 | 33,000 | 66,000** |
| Beneficiaries Approved | —— | —— | —— | 5,633 | 54,079 |
| Beneficiaries Pending | —— | —— | —— | 10,861 | 13,191 |
| Total | Cap Reached | Cap Reached | Cap Reached | 16,494 | 67,270 |
| Date of Last Count | 8/10/2005 | 1/17/2006 | 12/15/2005 | 1/25/2006 | 1/25/2006 |
*6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements and to the extent unused can first be made available for general use on October 1, 2006, the start of FY 2007.
**Currently, there is insufficient data for USCIS to make a reasonable determination of the cut-off number needed to reach the FY'06 H-2B cap. The cut-off number will be posted when such information is available.
We are working to seek clarification on the discrepancy in the chart between the 2nd Half Cap number and the total H-2B visa number. We will let you know as soon as we learn anything. Under the Bill passed last year, NO MORE THAN 33,000 H-2B visas were permitted to be issued during the first half of the Fiscal Year, thereby leaving at least 33,000 for the second half of the year.
We now have both a telephone number and fax for you to use in reaching us. Our new telephone number is 240-238-4412.
Answering the phone when you call will likely be Katie Strumpf, the new Save Small Business Grassroots Associate. Katie comes to Save Small Business from the US Senate, where she worked for the Senate Commerce Committee. She is a graduate of the University of Maryland, and is pursuing her Master's degree in Public Communication at the American University. She is bright, organized and already working hard on Save Small Business issues.
Save Small Business has ONLY ONE OBJECTIVE - to help ensure that the H-2B program can continue.
Save Small Business KEEPS ALL OF YOUR INFORMATION CONFIDENTIAL. There is NO OTHER PURPOSE for Save Small Business but to promote the Save Our Small and Seasonal Businesses Act and help all of us to maintain our access to the workers we need but cannot find in the US.
Save Small Business wants to make sure that the needs of seasonal employers are not lost during the current debate on Immigration Reform - H-2B employers have followed the law in obtaining their seasonal workers, and their workers should not be grouped with individuals who have not followed the rules. You should not be punished for following the law. And the law should not promote the interests of those who have not followed the rules above your seasonal business and the foreign workers you have gone to great pains to hire legally.
With the submission of the H-2B extension legislation expected shortly, we want to make sure that you get the opportunity to let your elected officials understand the importance of getting this Bill passed as quickly as possible.
Save Small Business is currently looking to organize a mass "Fly-In" to Washington soon. We will scheduled this as soon as we know that the Bill has been filed in the Senate and House.
As our work is set to begin in earnest, your membership in Save Small Business is more important now than ever. Sign up immediately. Send in your dues and go to www.SaveSmallBusiness.org to complete the on-line registration. It is as easy as pie.
Rest up during these next few days. We will need your energy as soon as the Bill has been filed.
CHARGE ON!
Hank Lavery
USCIS is now processing H-2B petitions for:
Do you need your workers in February or March and now cannot get them because the H-2B cap was hit? If so, please let us know. Send your e-mail to me at hlavery@savesmallbusiness.org.
Congress is not scheduled to resume operations until later in January 2006. This should mean one thing, and only one thing, to each and every one of you: Go meet you senator and/or member of Congress during this congressional recess.
Your Message to your Elected Officials is Simple:
We have been working closely with key Senate staff and with others in the H-2B community to develop a working strategy for getting the Save Our Small and Seasonal Businesses Act passed as early in 2006 as possible.
We have been very busy in the weeks since we formed Save Small Business as a 501(c) organization.
That's it from me. Enjoy your Holiday Season. Let's get ready to gear up right after the New Year. Between now and then, please get in to see your elected officials. If you don't let them know what you need, how can they know how to help you?
CHARGE ON!
Hank Lavery
