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.
