Save Small Business

22 DAYS

SEPTEMBER 10TH FLY-IN: Less than A Week Away! SEPTEMBER 26TH: 110TH Congress Adjourns!!

We are just one week away from the day of our Fly-In. Thank you to everyone who has contacted us about your plans.

Please continue to notify us at ccassard@savesmallbusiness.org so we are able to have everyone team up with their respective states and Representatives. We need to have as huge a presence as possible as we attend our meetings.

In an effort to help everyone, let us know exactly what you need from us. We are working on Talking Points and will forward this to you soon.

Here are the details to date:

• 8:00 AM: Briefing in the Dirksen Senate Office Building (SD): Room 124. 1st & C Streets, NE. You will receive Talking Points, hear from key Congressional staff members, you’re your fellow H-2B small and seasonal employer activists, and have the opportunity to get your questions answered. http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm
• 9:00 AM: Begin your meetings in the offices of your Representatives and Senators. You will continue your meetings until you have either met everyone or collapsed from exhaustion.
• 12:00 to 1:00 PM: Save Small Business leaders will be in the Longworth House Office Building (LHOB) and Dirksen Senate Office Cafeterias to answer questions, swap success stories, etc. over lunch. Not mandatory – just a reference point to regroup. After lunch then return to appointments.
• Here is a map of the Capitol to help you with your bearings: http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm
• A link to the list of cosponsors: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00988:@@@N

I look forward to hearing from all of you.

CHARGE ON!

Hank Lavery

The Countdown Continues: Congress plans to Adjourn in just 23 DAYS.

SEPTEMBER 10TH FLY-IN: One Week Away! SEPTEMBER 26TH: 110TH Congress Adjourns!!

We are just one week away from the day of our Fly-In. Thank you to everyone who has contacted us about who will be attending and what appointments you have set up.

Please continue to notify us at ccassard@savesmallbusiness.org so we are able to have everyone team up with their respective states and Representatives. We need to have as huge a presence as possible as we attend our meetings.

In an effort to help everyone, let us know exactly what you need from us. We are working on Talking Points and will forward this to you soon.

Here are the details to date:

• 8:00 AM: Briefing in the Dirksen Senate Office Building (SD): Room 124. 1st & C Streets, NE. You will receive Talking Points, hear from key Congressional staff members, you’re your fellow H-2B small and seasonal employer activists, and have the opportunity to get your questions answered. http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm
• 9:00 AM: Begin your meetings in the offices of your Representatives and Senators. You will continue your meetings until you have either met everyone or collapsed from exhaustion.
• 12:00 to 1:00 PM: Save Small Business leaders will be in the Longworth House Office Building (LHOB) and Dirksen Senate Office Cafeterias to answer questions, swap success stories, etc. over lunch. Not mandatory – just a reference point to regroup. After lunch then return to appointments.
• Here is a map of the Capitol to help you with your bearings: http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm
• A link to the list of cosponsors: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00988:@@@N

I look forward to hearing from all of you.

CHARGE ON!

Hank Lavery

The Countdown Continues: Congress plans to Adjourn in just 29 DAYS.

SEPTEMBER 10TH FLY-IN: Get ready! SEPTEMBER 26TH: 110TH Congress Adjourns!! We MUST Succeed!!!

Still no mention of the plight of the full-time American workers at seasonal businesses hard-hit by Congressional ineptitude in not passing the Save Small Business bill. Maybe the Democratic Nominee will mention it in his speech tonight, or perhaps the Republican Nominee will discuss it when he takes his own stage next week.

Let’s build back momentum for our Bill. Here is what I need you to do:

1. THIS WEEKEND (Labor Day Weekend): Over the Labor Day weekend, your elected officials need to hear from you and your US workforce. Remember, most (if not all) Senators and Representatives will be home trolling for votes. Democrats will want to tell you how great the Convention was, and Republicans will want to tell you how great their Convention will be.
   Showing up in front of these Elected Officials will do two things: First, it will allow you to get your frustration off your chest. Second, it will show the Elected Official how important this issue is to you, the voter.
2. For September 10: Schedule meetings with your Elected Representatives and Senators, and GET YOUR ELECTED OFFICIAL TO SCHEDULE A MEETING BETWEEN YOU, YOUR ELECTED OFFICIAL, AND EITHER THE DEMOCRATIC OR REPUBLICAN HOUSE LEADERS.
   Remember, you can reach your Members of Congress and Senators by dialing 202-224-3121 and asking the operator to connect you to your Representative or Senator. When you reach the Representative or Senator’s office, ask to speak to the office Scheduler to request a meeting DIRECTLY with the Member of Congress or Senator. In most instances, you will be told that the elected official is busy that day, and that you should fax your request to the office. Go ahead and fax the request.
3. Don’t forget to RSVP to ccassard@savesmallbusiness.org and inform Claire Cassard as to how many are in your group and the times of your meetings. We plan to have you team up with your respective states thus have more of an impact at your meetings.

We are hearing from Save Small Business members who are planning “Heading Off to Washington” events in their area in the days prior to the Fly-In. One such event will take place on Monday, September 8th in Bowie, Maryland, at a restaurant inside the district of the House Majority Leader.

We will be glad to share any of your plans to hold similar events in your areas. Please let us know what you are planning.

I look forward to hearing from all of you.

CHARGE ON!

Hank Lavery

The Countdown Begins: Congress plans to Adjourn just 30 DAYS from today

SEPTEMBER 10TH FLY-IN: 2 WEEKS AWAY! SEPTEMBER 26TH: 110TH CONGRESS ADJOURNS!! WE NEED ATTENDEES FROM EACH STATE!!!

We are gearing up for the Save Small Business Fly-In on September 10th. Thank you for your calls and e-mails about your plans for coming to Washington. With every conversation I am becoming more and more energized about meeting our Elected Officials get our bill passed. Enough is enough already – Congress must choose to not shut out our American workforce and FINALLY pass the Save Small Business bill.

I cannot underestimate the importance of having representation from as many states as possible.

Let me put this in as simple terms as possible: If we do not take our message directly to our Members of Congress and US Senators, our Bill WILL NOT PASS. If the Save Small Business bill does not pass, none of us will get the seasonal help we will need in 2008 or in 2009.

It is that simple. Our situation is that dire.

The 110th Congress expects to adjourn just one month from now on September 26th. Once Congress adjourns for the year, we are told by Congressional leaders that it will be March 2009 (at the earliest) before the 111th Congress will vote on any bills.

Now is the time to take ownership. We need all of you to come to Washington.

Here is what I need you to do:

1. Continue finalizing the arrangements for our Fly-In: Schedule meetings with your Elected Representatives and Senators, and GET YOUR ELECTED OFFICIAL TO SCHEDULE A MEETING BETWEEN YOU, YOUR ELECTED OFFICIAL, AND EITHER THE DEMOCRATIC OR REPUBLICAN HOUSE LEADERS.
   
   You can reach your Members of Congress and Senators by dialing 202-224-3121 and asking the operator to connect you to your Representative or Senator. When you reach the Representative or Senator’s office, ask to speak to the office Scheduler to request a meeting DIRECTLY with the Member of Congress or Senator. In most instances, you will be told that the elected official is busy that day, and that you should fax your request to the office. Go ahead and fax the request.
2. With the Labor Day weekend approaching, your elected officials need to hear from you while they are at home trolling for votes. Perhaps you can attend a local parade where you might be able to tell them how they need to fight for you.
3. Please RSVP to ccassard@savesmallbusiness.org and inform Claire Cassard as to how many are in your group and the times of your meetings. We plan to have you team up with your respective states thus have more of an impact at your meetings.
   Here is our timetable:
   • 8:00 AM: Briefing in the Dirksen Senate Office Building (SD): Room 124. 1st & C Streets, NE. You will receive Talking Points, hear from key Congressional staff members, you’re your fellow H-2B small and seasonal employer activists, and have the opportunity to get your questions answered. http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm
   • 9:00 AM: Begin your meetings in the offices of your Representatives and Senators. You will continue your meetings until you have either met everyone or collapsed from exhaustion.
   • 12:00 to 1:00 PM: Save Small Business leaders will be in the Longworth House Office Building (LHOB) and Dirksen Senate Office Cafeterias to answer questions, swap success stories, etc. over lunch. Not mandatory – just a reference point to regroup. After lunch then return to appointments.
   • Here is a map of the Capitol to help you with your bearings: http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

I look forward to hearing from all of you.

CHARGE ON!

Hank Lavery

SEPTEMBER 10TH FLY-IN: THIS IS THE REAL DEAL!

As I was watching last night’s Democratic Convention, I could not overlook the fact that none of the speakers or the media outlets talked about the crisis we American small business owners’ face: the shortage of seasonal workers who help keep full time American workers employed.

It is clear that we need to push this ourselves to the bitter end because Politicians want to take the easy way out by not fighting for our relief. We need to make sure they do not leave us behind.

Here is what I need you to do:

1. Continue finalizing the arrangements for our Fly-In on September 10th. Schedule meetings with your Elected Representatives and Senators, and GET YOUR ELECTED OFFICIAL TO SCHEDULE A MEETING BETWEEN YOU, YOUR ELECTED OFFICIAL, AND EITHER THE DEMOCRATIC OR REPUBLICAN HOUSE LEADERS.
   
   You can reach your Members of Congress and Senators by dialing 202-224-3121 and asking the operator to connect you to your Representative or Senator. When you reach the Representative or Senator’s office, ask to speak to the office Scheduler to request a meeting DIRECTLY with the Member of Congress or Senator. In most instances, you will be told that the elected official is busy that day, and that you should fax your request to the office. Go ahead and fax the request.
2. 2. With the Labor Day weekend approaching, your elected officials need to hear from you while they are at home trolling for votes. Perhaps you can attend a local parade where you might be able to tell them how they need to fight for you.

Now is the time to be more involved than ever. We are 15 days away from what will be our last chance to get our bill passed. We cannot afford to stay idle if you want any workers for next year.

CHARGE ON!

Hank Lavery

SEPTEMBER 10TH FLY-IN: It could be our Final Opportunity to Help our US Workers Keep Their Jobs

Thank you for continuing to send articles and clippings to me from your local newspapers. It is amazing that the critical shortage of temporary seasonal workers is killing communities across our great nation.

For example:

Despite the cries for help from every corner of America, Congress continues to play deaf and dumb about the H-2B crisis.

Keep communicating with your Members of Congress and Senators to educate them about your dire situation.

The Save Small Business Fly-In is only a few weeks away. September 10th is just around the corner.

Here is what I need you to do to prepare for the Fly-In:

RIGHT NOW, you should:

1. Schedule meetings with your Elected Representatives and Senators, and GET YOUR ELECTED OFFICIAL TO SCHEDULE A MEETING BETWEEN YOU, YOUR ELECTED OFFICIAL, AND EITHER THE DEMOCRATIC OR REPUBLICAN HOUSE LEADERS.

I expanded on this in yesterday’s update. The updates are on our website: www.savesmallbusiness.org.

You can reach your Members of Congress and Senators by dialing 202-224-3121 and asking the operator to connect you to your Representative or Senator. When you reach the Representative or Senator’s office, ask to speak to the office Scheduler to request a meeting DIRECTLY with the Member of Congress or Senator. In most instances, you will be told that the elected official is busy that day, and that you should fax your request to the office. Go ahead and fax the request.

2. PREPARE a mounted, blown-up photo of you with your full-and-part-time American workforce. I MEAN REALLY BLOWN UP – something at least 2’ by 3’ (bigger if you can handle it). Because you will not be able to bring your entire workforce with you to Washington, we need you to bring the next best thing – a picture of all of them together – to your meetings with Elected Officials. These should make a huge impact on your Representatives and Senators.

Please note that we will also want have a photo of all of our participants and these blown-up photos outside the Capitol on the morning of September 10th.

3. Make your hotel reservations. The day of the Fly-In we will meet in one of the Congressional or Senate Office Buildings on Capitol Hill. You can find a hotel around or nearby Capitol Hill. Other areas to consider are Crystal City or Roslyn, Virginia as you can take Metro to Capitol Hill from there. Here is a link which provides you with more information about lodging and Metro.

http://www.washington.org/

BETWEEN NOW AND THE FLY-IN, you should:

4. Please provide Claire Cassard with a list of which Representatives you have set up appointments with. This will allow us to team-up participants from the same or adjacent states to meet as a bigger group and thus have a better impact. Send emails to ccassard@savesmallbusiness.org.

5. Track down and Meet your Senators and Representatives back home. Get your American workers to meet them. Get all of your spouses and children to meet them. DO EVERYTHING YOU CAN TO PUT AN AMERICAN HUMAN FACE ON THE PLIGHT OF THE H-2B PROGRAM.

6. Let your newspapers and television stations know about what you are facing, and the work that you are doing to fight for the right to keep your American workers employed and your businesses opened. Call them. Visit them. Invite journalists to your office or to the field. Develop relationships. Invite them to come to Washington with you. Get them to understand your plight.

In closing I remind you we can NEVER BACK DOWN. Either we fight for our survival, or we have only ourselves to blame if we go down the tubes.

Spanning the globe

Vail looks to hike parking fees

Charge On!

Hank Lavery

SEPTEMBER 10TH FLY-IN: MAKE YOUR APPOINTMENTS & TRAVEL PLANS NOW!

We are now less than a month away from our last chance to convince Congress to pass the Save Small Business Bill.

We are all busy dealing with the consequences of not having enough workers this year. As bad as this year has been, if Congress does not pass the Bill this year, things will go from bad to worse next year.

Small and seasonal employers have a simple choice to make: Either we can sit on our hands and let Congress leave Washington without giving us the help we need, OR we can make one final effort to convince the people who are supposed to serve us how to pass the one law we need in order to stay in business. Those of you who do nothing at this point will have absolutely no leg to stand on when you face disaster in 2009. We are in a do – or – die situation. And no one, repeat NO ONE, can afford to stand on the sidelines.

Here is what I need you to do (if you have not done so already):

1. You should be scheduling meetings with your Elected Representatives and Senators, and GET YOUR ELECTED OFFICIAL TO SCHEDULE A MEETING BETWEEN YOU, YOUR ELECTED OFFICIAL, AND EITHER THE DEMOCRATIC OR REPUBLICAN HOUSE LEADERS.

Our primary focus is on the House of Representatives. While you are in Washington, you should also arrange to meet with your Senator as well.

Be patiently tenacious with the scheduler and Chief of Staff. Insist upon meeting with the Elected Official directly. Schedulers are paid to repeat to constituents the following line: “Senator so-and-so (or Representative _____) has a busy schedule and will not be able to meet with you directly. His/her schedule is already filled, etc. . . .” Just keep after them.

The message to your elected officials is simple: You want them to go with you to meet their leaders (Speaker Pelosi, House Leaders Hoyer and Boehner, House Whips Clyburn and Blunt). Your Members of Congress keep passing the buck off to the Congressional leadership. Since your Representatives appear to not be powerful enough to get the Leadership to listen to them, then they should step aside and let each of you make the case. In order to accomplish, however, you will need your Member of Congress by your side throughout the meeting that your Member of Congress has set up for you and House Leadership.

Therefore, if your Representative is a Democrat, then you should request that your Representative set up a 3-person meeting between you, the Representative, and House Speaker Nancy Pelosi (CA). Your Representative should also set up similar meetings on September 10 with House Majority Leader Steny Hoyer (MD) and House Majority Whip James Clyburn (SC).

If your representative is a Republican then you should request that your Representative set up a 3-person meeting between you, the Representative, and Minority Leader John Boehner (OH). Your Representative should also set up a similar meeting with House Minority Whip Roy Blunt (MO).

Again, what will do at the meeting? Simple: You will plead the case of the H-2B crisis directly to the House Democratic and Republican leaders responsible for blocking passage of the Bill. No middleman. No more excuses.

Remember: It will serve no purpose if you try to go before these Leaders by yourself. Unless you are one of their constituents, they have no incentive to meet with you. It is only in the presence of your Member of Congress, in a meeting set up by your Member of Congress, that you can be effective.

2. Bring a mounted, blown-up photo of you with your full-and-part-time American workforce to your meetings with Elected Officials. We need you to get a nice photo of your US staff, get it blown up to 2 by 3 feet or so, mount the photo on poster board and bring the giant photo with you to display in each meeting with your Representatives and Senators.

In doing so, you will be brining your American workforce with you to your meetings on September 10, and you will provide a vivid reminder of what is at stake. This way the Congressperson will constantly be reminded how the livelihoods of your American workers are on the line. Dare them to look you in the eye and tell them the H-2B issue does not matter enough, even if it means the loss of their jobs.

3. The central telephone number for Congress is 202-224-3121. Simply ask the operator to connect you to your Representative or Senator. When you reach the office, ask to speak to the office Scheduler to request a meeting with the Member of Congress or Senator. In most instances, you will be told that the elected official is busy that day, and that you should fax your request to the office.

Once you have faxed your request, call back to the office to speak with the Representative or Senator’s Chief of Staff. In requesting the meeting DIRECTLY WITH THE ELECTED OFFICIAL, you should remember that your elected officials WORK FOR YOU!

4. I leave you today with articles from Colorado. The Colorado ski industry is in for the fight of their lives to keep their American workers employed and service an industry that accounts for the second largest source of revenue for their state. Remember to keep sending us articles you come across.

Capped visas for foreign workers may lead to staffing shortage

Lawmakers call for more visas

H-2B visa snafu to cut into Aspen Skiing Co. ranks

I will send you more details about the Fly-In as they develop.

Charge On!

Hank Lavery

SEPTEMBER 10TH FLY-IN: MAKE YOUR PLANS NOW!

We are about a month away from the September 10th H-2B Emergency Fly-In. You should now be making arrangements for the trip. Do not wait as September is a busy time in DC so you will want to plan ahead.

1. Please go ahead and arrange meetings with your elected representatives and their top staff members.

   The central telephone number for Congress is 202-224-3121. Simply ask the operator to connect you to your Representative or Senator. When you reach the office, ask to speak to the office Scheduler to request a meeting with the Member of Congress or Senator. In most instances, you will be told that the elected official is busy that day, and that you should fax your request to the office.

   Once you have faxed your request, call back to the office to speak with the Representative or Senator’s Chief of Staff. In requesting the meeting DIRECTLY WITH THE ELECTED OFFICIAL, you should remember that your elected officials WORK FOR YOU!

   The question you need to remind yourself of is this:

   “How in the world can they know what they are supposed to do for their district and state if they have not heard it directly from you? By meeting directly with them, you are actually doing your elected officials a big favor.”

   You can research information on each of your elected officials by visiting www.house.gov (for US Representatives) and www.senate.gov (for US Senators).

2. The Save Our Small and Seasonal Businesses Bill is still VERY MUCH ALIVE in the House and the Senate. The Bill has 47 Senate and 154 House Co-Sponsors. REMEMBER: No Bill in the history of the United States Congress HAS EVER RECEIVED THIS MUCH OVERWHELMING BI-PARTISAN SUPPORT in an area related to the need of seasonal businesses for targeted foreign national temporary workers. This is a FIRST, and Congress should celebrate its work together by finally PASSING OUR BILL!!!!!
   At the end of this message is a listing of our current co-sponsors.
3. Accommodations for the Fly-In: Many of Save Small Business members have enjoyed reasonably-priced hotels in the Best Western Capitol Skyline Hotel: 10 I Street, SW Washington, DC 20024-4299, 202-488-7500. We have also attached a link to a site providing you with more information about hotels and other information about the DC area: http://www.washington.org. Once again, please make your arrangements for the Fly-In as soon as possible.
4. Finally, don’t forget to find ways to meet your Senators and Representatives during this hot month of August while they home attending fundraisers and getting ready for the Democratic and Republican conventions. The only welcome respite from the searing August weather will come with a renewed commitment from each and every elected official to get our Bill through Congress and signed by the President before final adjournment.

We will be back in touch next week with more details about the Fly-In.

Charge On!

Hank Lavery

FLY-IN SCHEDULED FORWEDNESDAY SEPTEMBER 10TH – IT IS DO OR DIE TIME!!!

1. Save Small Business Washington Fly-In: September 10, 2008

Fasten your seat belts as we prepare for an emergency Fly-In on September 10th. No excuses – make your plans now - we need a huge turnout (bigger than our record-setting December 6th Fly-In with over 700+ attendees).

This will be our last opportunity to get our bill passed by the 110th Congress as they announced last week they will return to Washington to work just one more time for just a very short time between now and the year 2009.

That’s right – Congress has decided that it will call it quits once it returns from its five weeks of vacation (we should be so lucky to be able to take off five weeks in the middle of summer. Congress’ FINAL three-week period will start September 8th in which Congress will address the outstanding issues facing our country before year’s end.

One of the most pressing issues for Congress is the Save Small Business bill. Congress will have only three weeks to pass the Save Our Small and Seasonal Businesses Act, and it is up to each of us to make sure that Congress steps up to make this happen. It truly is now or never for each and every one of us.

H-2B EMERGENCY FLY-IN:

Date: Wednesday, September 10th
Time: We will meet at 8:00 am (Room TBA)
Objective: To get Congress to pass our Bill.

2. Help Your Elected Officials During their Five-Week Break – Remind Them of the Need to Pass the Save Small Business Bill

Now that your Representatives and Senators are home, please go find out where they are and meet them face-to-face in their home district AS MANY TIMES as you can over the next few weeks. Democratic officials will be attending the Democratic National Convention which begins right after the Olympics.

Republican officials will be attending the Republican National Convention during the first week of September. Get to them before they leave for the Conventions.

As you know all too well, either Congress will finally fix the H-2B Returning Worker emergency, or we will soon have to begin firing US workers and reducing the vital services each of us provides to our communities. We must not fail.

Stay tuned for more details about the September 10th Fly-In.

Charge On!

Hank Lavery

THE H-2B CAP HAS BEEN REACHED!!!

In record time, the First Half H-2B Cap for 2009 was reached today. Attached is a copy of the announcement from USCIS.

Remember the date: July 30, 2008. This is the date that Congress ultimately failed each of us, the US workers we employ, and the hundreds of thousands of communities we serve across this great country we call America.

Today’s announcement by USCIS means that there will zero (0) H-2B visas available for:

1. Crab/seafood processing,
2. Summer vacation spots (Cape Cod, New England, Jersey Shore/Long Island/Maryland/Delaware beaches, Rockies, Michigan/Wisconsin, Washington State, etc);
3. Landscape companies;
4. Quarries; and
5. Every other area of our economy that is in desperate need for temporary seasonal help in the spring and summer months of 2009.

This announcement also means that much of the New England (and the rest of the East Coast) ski industry, especially VERMONT, will be without H-2B workers. Their date of need starts on or around November 15 each year – the earliest that they could have started the Labor Certification process was July 15 (120 days prior to November 15). It is highly unlikely that these enterprises could have passed through the SWA, then the US Department of Labor, and then had time to file with USCIS all within less than two weeks.

This is a very sad day in Hooper’s Island and Cambridge, Maryland, in the San Juan’s of the State of Washington, on Cape Cod and Mackinac Island, and in a thousand communities in between.

Democrats and Republicans – especially those in positions of leadership – in the House and Senate should be very proud of the fact that Congress by allowing the H-2B Returning Worker Exemption to expire, has likely now condemned to death the jobs of hundreds of thousands of full-time American workers employed year-round by these seasonal businesses, and jeopardized the future of the spouses and children dependent upon these US workers for their family’s livelihoods.

Congress still has time to act before they close down for the year and rush home to convince the voters of the wonderful job they are doing in their quest for re-election. In fact, rather than address the H-2B crisis, Congress decided that it needs to go on vacation through Labor Day. You need to make it your job to let your friends and neighbors, including your elected officials, just how happy you are about how badly Congress has messed up the H-2B crisis.

We will have more for you in the coming days.

In the meantime, Charge On. It is tough to do, I know, but we must continue the fight. For if we do not continue on, who will?

Hank Lavery

CO-SPONSORS NOW TOTAL 46 IN THE SENATE & 153 IN THE HOUSE: SENATOR CRAPO (ID), REP BACHMANN (MN) and REP SMITH (NJ) SIGN ON!

As Congress wraps-up business in Washington before the summer recess, America’s Small and Seasonal business owners continue to scramble to keep their businesses running. Why Congress has decided to ignore this crisis especially given the reality that the first-half cap has been practically reached is incomprehensible.

The First-Half H-2B Visa Cap Has Almost Been Filled:

USCIS announced on July 28, that 34,677 of the 33,000 available official visas had been allocated. The targeted number is 40,000 allowing a variance in the processing. Once the cap has been reached, no other H-2B visas will be issued until April 1, 2009.

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target1	Total	Date of Last Count
H-2B 1st Half	33,000	21,909	12,768	40,000	34,677	7/27/2008
H-2B 2nd Half	33,0002	------	------	------	------	------
H-2B Annual (FY 09)	66,0003	------	------	------	------	------
1 Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations. 2 A shortfall in the 1st half would be made up in the 2nd half. 3 Visas issued plus beneficiaries changing status already in the United States.

While this is certainly not good news, we continue to gain support by the recent signing of Co-sponsors:

Sen Crapo, Mike [ID] - 7/25/2008 (R)

Rep Bachmann, Michele [MN-6] - 7/22/2008 (R)

Rep Smith, Christopher H. [NJ-4] - 7/24/2008 (R)

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR01843:@@@N

The shortage of workers and the stalemate over not passing the exemption is getting more complicated and evident daily. Two quick examples:

Out on the eastern end of Long Island, New York, an owner of a bakery explains to a local reporter how he is turning away customers:

Approximately five hundred miles farther south, the exhausted voice of a long-time seafood processing owner discusses more bad news for business:

We will continue to fight to the bitter end to get our bill passed. Do whatever it takes to keep our issue in the news and on the agenda of your elected officials. You can tell them that the Save our Small and Seasonal Business bill (S.988 and H.R.1843) has the bi-partisan support of 46 Senators and 153 Representatives including the above mentioned three new co-sponsors.

Congratulations to our members from Idaho, Minnesota and New Jersey for their efforts in getting additional co-sponsors. We will not back down until our bill is passed.

Charge On!

Hank Lavery

Statement of Hank Lavery, President, Save Small Business, on the Government’s announcement of the revised FY ’09 H-2B Cap Update!

USCIS announced this week that the 2009 First-Half H-2B Cap is close to being exhausted. As of July 21, 2008, nearly 30,000 of the 33,000 available visas had been allocated. It is likely that the H-2B Cap will be exhausted sometime in the next one to two weeks.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD

This means that, as soon as this Cap has been reached, no more H-2B visas will be available until April 1, 2009.

On July 23, 2008, Save Small Business President Hank Lavery made the following statement in response to the USCIS announcement:

For more information about the Save Our Small and Seasonal Businesses bill and about the needs of America’s small and seasonal businesses and the American workers they employ, please go to www.SaveSmallBusiness.org

FIRST HALF: 23,589 VISAS ISSUED TO DATE! THE CAP IS RAPIDLY FILLING!!

As I informed you last week, even though the start of fiscal year 2009 is still nearly four months away, as of July 13th 23,589 visas have been approved. This leaves less than 10,000 visas available. What a slap in the face to many US small and seasonal businesses, as we scramble to fill positions for this year let alone plan for ’09.

I simply cannot believe that our leaders are still turning a blind eye to the situation. This is devastating to several industries particularly the Ski industry. Is it not ironic that this article appeared in The Barre Montpelier Times Argus back in October?

Nationwide, about 5 percent of the ski industry's workers are hired through the H-2B program, said Geraldine Link, the director of public policy at the Colorado-based National Ski Areas Association.

"The availability of H-2B visas is a significant issue for a number of resorts across the country," Link said.

Has anything changed to help businesses fill the shortage of workers and allow the extension to secure the workers we need? I am disappointed with the answer: NO.

What can you do to help out? Before Congress breaks for the August recess, you need to reach out to your Senators, Representatives, and media outlets to tell them you need this legislation passed NOW! Tell them:

• Congress passed H-2B relief for Guam – why is Guam more important than relief for you?
• You are trying to do the right thing by not hiring illegals.
• Although the economy is adversely affecting your business, you are trying your hardest to reinvest in the business. However, you will not be able to buy new vehicles if you are a landscaper or purchase new furniture for your bed and breakfast if you do not have the workers to help you manage the business and take care of your clients.

The Save our Small and Seasonal Businesses bill numbers remain the same: S.988 & H.R.1843. I’ve listed the recent co-sponsors. CALL THEM. If your Senator and Representative are co-sponsors, thank them and ask them to take it to the next level by helping to get it to a vote before the recess. It is up to the Leadership on each side: Senator Harry Reid (NV) and Representative Nancy Pelosi (CA).

If they are not a cosponsor, ask why not? You have the right to explain your situation and they have an obligation to listen and react. The main number for the US Capitol Switchboard is 202.224.3121.

Rest assured we will not give up until Congress does the right thing and passes relief for us all.

Charge ON!

Hank Lavery

Save Small Business

Congress Continues to Avoid Addressing America’s Small and Seasonal Business Crisis

Many of you called to inform us that you provided responses to the DOL Proposed Rule regarding the H-2B program. I send my thanks to each of you who diligently submitted responses. We were informed by the Regulations Office that it generally takes 2-3 days for comments to be posted although there is no specific time requirement. Apparently the Agency has to review the entries and then post them. You can use your tracking number to follow status. Troubleshooting #: 877.378.5457.

In case you missed it, USCIS announced late last week that that over 17,000 of the 33,000 H-2B slots for the first half of the Fiscal Year 2009 Cap have already been filled. We are still THREE MONTHS FROM THE START OF THE FISCAL YEAR AND ALREADY THE CAP IS OVER HALF GONE. Wow – the first half of the Fiscal Year runs from October 1, 2008 to March 31, 2009. While Congress continues its political posturing, America’s small and seasonal businesses are getting ready to go belly up. This is not good news.

Remember, this is the same Congress that did pass legislation to extend the H-2B Cap. And the same President who signed the H-2B Cap exemption into law.

Of course, the H-2B Cap legislation had nothing to do with us. Rather than helping their own constituents, Congress and the President – in a sneaky and nefarious way – decided that Guam was more important than all of us combined. That’s right – GUAM. In order to allow foreign and US contractors to skip out on having to employ American workers on Federal Contracts, Congress gave these companies carte blanche to hire anyone they want to by passing H-2B reform just for these contractors.

Is this messed up, or what? How can any Member of Congress or US Senator tell us about “problems with labor,” “problems with the Hispanic Caucus,” “problems with Lou Dobbs/O’Reilly/Limbaugh, etc.” and look at any of us square in the eye when discussing excuses why the Returning Worker Exemption cannot pass Congress?

Since when is Guam more important than Cape Cod? Or Maryland’s Eastern Shore? Or the thousands of other communities in every corner of our great country that are in dire need of full-time temporary workers?

The cries across American are deafening. Businesses are going under and we are told that Congress cannot act because they are scared of losing the election. This is unacceptable.

I have attached this article from The New York Times reporting on the difficult position that employers find themselves in across the Nation. The article includes a quote from a landscape management company owner in Colorado who hires H-2B workers:

“We’re not hiring illegals, we’re not paying under the table,” Mr. Gilsdorf said. “But if we don’t get in under the cap and nobody is answering our ads, we don’t have employees.”

Where are you, Congress? Why do ignore the pleas of American businesses, the Americans we hire, and the American communities we serve?

What is it about the word American that Congress somehow does not get?

Charge On!

Hank Lavery

DOL H-2B LABOR CERTIFICATION APPLICATIONS RESPONSE DUE TODAY!!!!

Please take a look at the draft response [see below] to the new DOL regulation. Please review it carefully, give it your company’s flavor, and consider submitting it to the www.regulations.gov website (the regulation number is on the response) as an official response of your organization. Note: submissions need to be sent via email only.

We understand that we need to have a good number of responses into the Government in order to have an impact on making the regulation more balanced.

This is the same draft response that is going out to others in Save Small Business, so please do make sure that you do some “tailoring” to make it your own. You should add comments you want included, or delete comments that you do not agree with. You may have written your response already. Whatever the case, please make sure you complete your work and submit your comments.

There is a rush on this – it is due no later than COB TODAY (July 7).

Go to this link:

http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=09000064805f8475

Complete your personal information. Then you will either:

1. Copy and paste your comments into the box for comments; or
2. Attach your comments as a .pdf attachment in Adobe. Once you have submitted your comments you should return to www.Regulations.gov, enter the RIN number (1205-AB54) in the “comments or submissions” box, and then search to see whether your entry has been posted.

Thank you.

Hank Lavery

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

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

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

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

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

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

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

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

Into the Deep End of the Pool - The Washington Post

Employers: Visa caps should be lifted - gazette.net

Praying for a visa answer - seafoodbusiness.com

OFW influx to Guam seen - abs-cbnnews.com

Charge On!

Hank Lavery

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

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

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

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

Charge On!

Hank Lavery

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

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

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

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

New Visa Curbs Hit Seasonal Employers - The Wall Street Journal

Lifeguard Shortage Blamed On Guest Worker Policies - WUSA9.com

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

New immigration rules are affecting Wisconsin Dells - Chicago Tribune

Temporary labor program to be updated - Portsmouth Herald News

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

Charge On!

Hank Lavery

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

I come to you with terrible news.

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

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

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

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

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

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

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

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

Hank Lavery

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

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

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

At least, it has not YET been stripped out.

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

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

Action

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

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

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

Charge On.

Hank Lavery

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

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

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

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

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

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

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

Action Needed

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

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

Talking Points

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

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

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

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

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

Charge On!

Hank Lavery

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

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

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

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

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

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

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

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

Action Needed

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

Talking Points

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

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

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

Charge On!

Hank Lavery

Save Small Business

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

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

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

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

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

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

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

Too few workers for seasonal jobs - The Baltmore Sun

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

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

Charge On!

Hank Lavery

Still Waiting for Congress to Act

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

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

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

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

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

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

Full Committee and Subcommittee Schedule

Tuesday, May 6, 2008

Full Committee

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

Witnesses:

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

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

Mr. Bruce Goldstein
Executive Director
Farmworker Justice
Washington, DC

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

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

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

Mr. Bill Beardall
Director
Equal Justice Center
Austin, Texas

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

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

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

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

NEW CO-SPONSOR ANNOUNCED

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

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

Let us know your thoughts about today’s Hearing.

Charge On.

Hank Lavery

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

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

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

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

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

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

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

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

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

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

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

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

NEW CO-SPONSOR ANNOUNCED

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

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

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

Charge On.

Hank Lavery

H-2B DIRECTLY & INDIRECTLY SUBJECT OF UPCOMING HEARINGS

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

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

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

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

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

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

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

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

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

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

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

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

Charge On!

Hank Lavery

48 Hours of Senate Focus

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

PLEASE CALL YOUR SENATORS STARTING MONDAY MORNING

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

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

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

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

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

Temporary worker standoff irks businessowners - Morning Sentinel

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

Charge On!

Hank Lavery

Time is Ticking; Senate Feeling Lonely!

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

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

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

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

A. PLEASE CALL YOUR SENATORS

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

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

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

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

C. NEWS ARTICLES:

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

IMMIGRANT SCAPEGOATS - NCPA

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

Seasonal jobs going unfilled - inrich.com

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

Charge On!

Hank Lavery

One week after the Hearing, where are we now?

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

A. Post-Hearing Update

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

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

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

B. We Have a New Cosponsor:

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

C. NEXT STEPS FOR SAVE SMALL BUSINESS MEMBERS

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

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

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

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

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

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

How the H2B program works - Rapid City Journal

US Congress debates expanding controversial visa programme - The Guardian

Now that the Hearing is over, Congress must act

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

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

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

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

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

Again and again we have to ask the simple question:

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

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

NEXT STEPS FOR SAVE SMALL BUSINESS MEMBERS

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

Charge On, my friends. Charge On..

Hank Lavery

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

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

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

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

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

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

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

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

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

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

NEXT STEPS to follow-up on the Hearing

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

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

Charge On.

Hank Lavery

JUST ONE DAY UNTIL THE H-2B HEARING

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

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

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

Panel 1: Congressional Witnesses

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

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

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

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

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

Panel 2: Public Witnesses

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

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

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

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

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

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

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

Here are the facts:

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

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

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

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

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

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

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

As I wrote in yesterday’s Update, we still ha