Save Small Business

Save Small Business
Board of Directors

Hank Lavery
Millennium Pools
President

Jack Brooks
J.M. Clayton Seafood
Vice President

Mark Hjelle
Secretary
The Brickman Group

Libby Whitley
Director
Mid-Atlantic Solutions, Inc.

Daniel Musser
Director
The Grand Hotel

Download Talking Points for the Save Our Small and Seasonal Businesses Act of 2009.

Bills Introduced

S. 388 — Sponsor: Barbara Mikulski [MD]

H.R. 1136 — Sponsor: Rep Stupak [MI-1]

Update — November 11, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Wednesday, November 11th, 2009

VETERAN'S DAY 2009

We Honor the Brave Men and Women Who Gave Their All So that We Can Remain Free

Dear Friends,

Before I share updated news about H-2B visas and Save Small Business, I want to pause a moment to honor all of you who served in the Army, Navy, Marines, Air Force, Coast Guard and other uniformed services of the United States. It is thanks to you that the United States is a free Nation, one in which we are free to follow our hopes, dreams and ambitions in support of the greater good. If you have not done so already today, please remember to go out of your way to thank a Veteran for answering America’s call to service.

CONGRESS STILL CONGESTED WITH HEALTH CARE, ENERGY, ENVIRONMENT, ETC.

The focus in Washington, DC these days continues to be the passage of a health care reform bill by the end of this year. Congressional leaders, and the White House, continue to state that reforming America’s broken immigration system will be a top priority in 2010. With the mid-term elections coming up next November, and immigration reform continuing to divide Americans, there is a great deal of skepticism as to whether the President and Congress will be able to pass anything before November 2010.

SAVE SMALL BUSINESS predicts that Congress WILL NOT pass immigration reform before the November elections.

However, since it is in the interest of the President and the majority in Congress to pass reform before the 2012 election campaign gets underway, we predict that immigration reform – including provisions that will either help or hurt the ability of small and seasonal businesses to hire temporary seasonal workers – WILL PASS DURING THE 2010 LAME-DUCK SESSION (i.e. between November 15 and December 23, 2010).

This means that there will be committee hearings, dozens (or more) Bills drafted and submitted to Congress related to immigration matters, and a great deal of attention and public anguish about the immigration question over the next year. However, in our estimation, this will not likely result in anything other than a polarizing of an already polarized issue, with “fear of foreigners” arguments balanced against a desire for reform.

For us to be successful through this process, small and seasonal employers will need to be focused on ensuring that their needs are met in the varying and competing Bills that will be winding through Congress. My advice to you is to STAY FOCUSED on temporary seasonal visa needs: LET OTHERS YELL AND SCREAM ON THE OTHER IMMIGRATION ISSUES THAT YOU MAY CARE ABOUT. Just keep your powder dry.

ANOTHER ANTI - H-2B FROM SEN. SANDERS CIRCULATING IN THE SENATE

Senator Bernard Sanders (VT) and Senator Charles Grassley (IA) are jointly sponsoring a Bill (the Employ America Act) to limit H-1B and H-2B programs. This legislation would prohibit companies that have announced mass lay-offs over the past year from hiring foreign temporary workers, unless they can prove that their overall employment will not be reduce as a result of these lay-offs. The bill is aimed primarily at the high-tech and construction industries. These industries have been accused of misusing the programs.

On the surface, this Bill may not adversely affect the ability of law-abiding employers from accessing foreign temporary workers when their efforts to hire Americans have failed. However, as you know, sometimes Bills like this can go too far. It will be important to stay on top of this.

USCIS CAP COUNT: UPDATED OCT 30

Fiscal Year 2010 H-2B Cap Count

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	18,885	2,269	47,000	21,154	10/30/09
H-2B 2nd Half	33,000²	-------	------	-----	------	-----

What is the H-2B numerical limit set by Congress?

The H-2B numerical limit set by Congress per fiscal year is 66,000, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.

As USCIS receives H-2B petitions for fiscal year 2010, the below chart will be regularly updated.

A FAREWELL MESSAGE FROM CLAIRE CASSARD

I am writing this SSB Update with a heavy and sad heart. After two years of tireless and compassionate work on behalf of SSB and its members from coast-to-coast, Claire Cassard has announced she will be leaving SSB to pursue her passion in the advertising and marketing field.

Many of you have let me know how much you have enjoyed working with Claire, and over her tenure she has helped both our Members and our Organization achieve success. Please join me in wishing her great success and happiness in her future endeavors.

I invited her to write her own message to each of you. Here are Claire’s words:

Dear SSB Members,

Let me take a minute to THANK YOU all for the opportunity to work with everyone for the past two years at SSB. This Thursday will be my last day with SSB, as I am moving on to pursue career opportunities in marketing and advertising. I have been honored to work with all of you, especially Don Mooers and Hank Lavery, in efforts to advance the H-2B Program.

Thinking back to the first Fly-In I coordinated, my anxiety level was high given I was a “novice” on the Hill. Upon meeting many of our most active members, Jack Brooks, Mark Hjelle, Libby Whitley, Dan Musser, Caroline Osolinik, Mary Wheeler, Sandy Munley, Anneke Myers, Jay Friel, and so many other members, I immediately felt calmer. I thank you for the patience and respect you gave me throughout the learning curve and beyond.

At times it has been a wild two years given the political climate associated with H-2B, however it never suppressed my motivation to help you all and get to the finish line. I wish you all the best in 2010 and beyond. Keep up the fight and most definitely continue to CHARGE ON! I thank you again for the opportunity to represent SSB and all of you during my tenure.

Sincerely,

Claire Cassard

Claire, I am going to miss you. You have been wonderful for SSB.

We will be back to you when we have anything more to report. As always, please do not forget to . . .

Charge On!

Hank Lavery
President
Save Small Business

Update — October 8, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Thursday, October 8th, 2009

GOOD NEWS FROM CONGRESS FOR FOREIGN MILLIONAIRES AND CONTRACTORS NEEDING H-2B WORKERS IN GUAM

Dear Friends,

Small and seasonal businesses – and the American workers we employ – suffered another slap in the face by Congress when the House & Senate Appropriations Committees issued a conference summary on the FY 2010 Homeland Security Appropriation Bill (H.R.2892). Congress also expanded the H-2B program in Guam, while continuing to ignore you and me. These bills are expected to pass the full Congress in the coming days.

While this is great news (especially if you are a millionaire or a contractor living in Guam), it shows that Congress and the President could care less about the American workers employed by small and seasonal businesses in Cape Cod, California, Kalamazoo and every corner of our great country.

Congress SHUNS Americans Working for Small and Seasonal Employers

Visa Law Extension

three-year extension

Religious Workers (R visa)
Doctors in Underserved Areas (Conrad 30 Program)
Investor (Million Dollar Visa) Program (EB-5 Visa)
E-Verify/Basic Pilot Program

While they could easily have added our program to this list, your Senators and Members of Congress refused to include the H-2B Returning Worker Exemption with this group.

Guam H-2B Expansion

If being shut out of consideration by Congress was not bad enough, a House-Senate Conference Committee yesterday expanded H-2B workers in Guam by extending Guam’s ability to certify the need for H-2B workers as long as an additional certification to the Secretary of Defense has been submitted.

You can read more at:

http://www.guampdn.com/article/20091008/NEWS01/91008009/1002/%3CB%3ENEWS+UPDATE+%3C/B%3EU.S.+Davis-Bacon+wage+protections+will+apply+to+Guam+buildup+contractors++workers

Report from Ski Country

Recent media articles have focused on expected reduced usage of the H-2B Program for the Skiing Industry in the 2009 – 10 season. Many resorts in Colorado, Utah and Idaho who were forced to turn to turn to the program in the past for significant numbers of temporary workers have found a way to supplement their temporary labor needs by hiring locally or increasing their use of J-1 participants.

This decrease in usage simply validates the success of the H-2B Program. When there are not sufficient US workers, employers have no choice but to turn to the program. When there are more US workers willing to be employed in temporary positions, then demand for H-2B workers goes down. WHAT COULD BE SIMPLER? Except for the absence of a Returning Worker Exemption, Congress actually got it right when it created the H-2B program.

Here are links to a few recent articles regarding demand for foreign temporary workers:

http://www.steamboatpilot.com/news/2009/oct/04/ski_corp_cuts_international_hiring_amid_broad_inte/#

http://www.globalvisas.com/news/idaho_resorts_to_hire_fewer_us_work_visa_holders1689.html

http://www.parkrecord.com/ci_13421437

Anti-Immigration Groups Targeting H-2B

Our contacts in Washington, DC have informed us that several zealous opponents of the H-2B Program continue to go after the Program by pushing for stricter rules as part of an H-2B Reform Bill.

As far as we know the bill has not been formally submitted by the Committee on Education & Labor, chaired by Rep George Miller (CA). However, when it does, expect it to be very unfavorable to the H-2B Program.

That is why now would be a good time to remind Congress that the H-2B Program is essential to your survival and the survival of American small and seasonal businesses throughout America.

---------------------------------

As always, SSB will try to keep you informed of new developments as they occur. In the meantime, I know I can count on all of you to continually fight our battle.

Charge On!

Hank Lavery
President
Save Small Business

Update — October 1, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Thursday, October 1st, 2009

LATEST CAP COUNT & NEWS FROM CAPITOL HILL

Dear Friends,

Today is October 1, an appropriate date to provide you with the latest H-2B Cap Count along with other Congressional developments from Capitol Hill:

Fiscal Year 2010 H-2B Cap Update:

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	16,550	3,393	47,000	19,943	9/25/09
H-2B 2nd Half	33,000²	-------	------	-----	------	-----

¹Refers to the estimated numbers of beneficiary applications needed to reach a cap, with an allowance for withdrawals, denials and revocations.
²A shortfall in the 1st half would be made up in the 2nd half.

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

_________________________

Will the first-half cap count hold out until the end of February or early March? Time will tell.

News from Congress:
1. Congress passes “Millionaire Visa” extension: Despite continued protests that no immigration laws should be addressed without Comprehensive Immigration Reform, on 9/25/09, the House of Representatives passed a continuing resolution that would fund continued federal government operations through October 31, 2009. Included in the legislation are provisions that would extend the E-Verify, Religious Worker, Conrad 30 and EB-5 Programs.
  What does this mean? It means that once again Congress continues to punish you and me by refusing to pass the Save our Small and Seasonal Business Bill. Like much of what comes out of Washington, Congress has shown itself to talk out of both sides of its collective mouth and would rather help the million dollar visa recipients than help small businesses like yours and mine who serve their communities and employ full time American workers.
2. No Accountability Yet for Loss of 37% of 2009 H-2B Program: No one has come forth yet to demand an explanation from the Obama Administration as to how 37% (25,000 visas out of 66,000 allowed) of the 2009 H-2B visas were lost. Also no effort has been made by Congress to recapture the missing 25,000 visas out of the allocated 66,000. Is this asking too much? No it is not.
3. H-2B KILLER Bill May Be Introduced in House: As if all of this news is not bad enough, the H-2B “Reform” Bill is back on the table and may likely be introduced soon thanks to pressure from unions and anti-immigrant groups.
Folks, the bottom line as of October 1, 2009 is simple: WE ARE UNDER SIEGE BY INDIVIDUALS AND GROUPS THAT APPEAR TO HATE SMALL AND SEASONAL BUSINESSES AND THE AMERICAN WORKERS WE EMPLOY. THESE PEOPLE WANT TO DESTROY US.

With the haters of small and seasonal businesses lining up to try to destroy us, NOW would be a good time to reintroduce yourself to your Senators and Representatives to let them know how dependent you are on seasonal workers. You want to hire Americans, and many of you are able to do so this year as a result of the bad economy. But once the economy bounces back, you will be in the same bad shape as you have been in the past. Again, you want to hire Americans, but if they are not available, you are FORCED to hire foreign nationals. Since you want to follow the law, your sole choice currently is the H-2B program.

If we don’t begin to reconnect with our elected officials we will be overwhelmed by the powerful Unions and anti-immigration zealots intent on the destruction of America’s small businesses and the American workers they employ directly and support indirectly.
SSB CANNOT Provide Legal Advice: Many of you have phoned or emailed us about how to deal with specific legal and procedural issues affecting your particular company. We have recently received a slew of calls related to DOL Wage & Hour issues. While we try to be helpful as possible, we cannot dispense legal counsel. Individual issues related to your company need to be addressed by the professionals advising you and/or handling your H-2B needs.

I hope you share my outrage at the hypocrisy Congress’ decision to ignore the needs of seasonal businesses while simultaneously voting to ensure that millionaire visa applicants get everything they want. Moreover, it is shameful that no one in the US Government has been made responsible for the loss of 37% of the H-2B program this year.

We must let our elected officials know that we demand more from them. We cannot allow Washington-centered zealots to succeed in their efforts to close down our doors through their lies and distortions.

Together we will – we must – succeed. And together will continue to

Charge On!

Hank Lavery
President
Save Small Business

Update — September 21, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Monday, September 21st, 2009

H-2B BRIEFINGS

Dear Friends,

Last Thursday Don Mooers, Strategist for Save Small Business, and many SSB members attended DOL’s H-2B Briefings in Boston. SSB members did not have much to say other than that it was beneficial to hear directly from the key Department of Labor personnel in charge of the H-2B and other immigration-related Programs. Don and many more SSB members plan to be in attendance for tomorrow’s DOL H-2B briefing in Chicago as well.

One of the comments we received was that the DOL personnel were rather sharp in their responses. There was a rolling Q & A session throughout the presentations, and DOL was very good about answering every question posed. The presentations were based on the Power Point documents distributed ahead of time. The tone of DOL’s responses reflected the Department’s belief that many H-2B employers are not truly in need of seasonal workers, and that the Department’s job is to enforce its legislative and regulatory functions. These include serving as the representative of US workers, not US employers.

Please read the Power Point presentation (over 70 pages) to get the main gist of the DOL’s discussion. One interesting nugget: DOL now considers 30 hours to be “full time” for H-2B purposes. Unfortunately, it appears that USCIS still considers full time as at least 35 hours.

[ Download Proposed PowerPoint Presentation (10MB) ]

http://www.dtiassociates.com/oflcbriefings/ChicagoAgenda.cfm

In addition to the DOL presentation, a representative of the US Department of Justice Office of Special Counsel spoke. Two major messages came from that presentation:

Employers MUST take seriously every application or inquiry from a US worker. ALL employees must understand the company’s procedures and direct potential applicants to the proper hiring authority;
Even if a company follows all the H-2B rules, if a US worker wants a job after an employer has completed the recruitment process and the employer does not hire him or her, OSC will consider this act as a violation of the US worker’s rights.

The SSB members who attended got the opportunity to meet and hear from the US Government representatives who make the decisions regarding their companies’ futures. SSB member who attend the briefing in Chicago will get the same opportunity. More than anything, it is important for everyone to understand that DOL’s job is not to be your friend. Just like you, DOL officials have a job to do, and this does not include going out of their way to help employers. They were not anti-employer in any way, but neither were the DOL officials pro-employer.

This article from Friday’s Norfolk, Virginia news may help us to understand DOL’s perspective (an immigration attorney pleaded guilty to multiple counts of H-2B fraud):

http://www.wavy.com/dpp/news/local_news/local_wavy_immigrationattyinvolvedinvisafraud_2009091

Your work is never easy, and outfits like the one in this article make your efforts even more difficult.

We will send another update when we have something to report.

Once again, until then…

CHARGE ON!

Hank Lavery
President
Save Small Business

Update — September 17, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Thursday, September 17th, 2009

HR 1136 NOW HAS 89 CO-SPONSORS

Dear Friends,

Hello again. This is to inform you that we have two new Co-Sponsors for H.R.1136:

Rep Paul, Ron [TX-14] - 9/15/2009
Rep Cassidy, Bill [LA-6] - 9/15/2009

http://www.thomas.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html|

This is great news as the total number of Co-Sponsors is now 89 (including Representative Stupak). It is worth noting that Representative Ron Paul did not support our bill in 2008. Representative Bill Cassidy is a freshman Congressman from Louisiana.

I would like to thank our SSB members from Texas and Louisiana for the good news about the above mentioned Co-Sponsors. Keep at it and…

CHARGE ON!

Hank Lavery
President
Save Small Business

Update — September 10, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Thursday, September 10th, 2009

H-2B STAKEHOLDER BRIEFINGS IN BOSTON AND CHICAGO PROVIDE H-2B USERS A CHANCE TO COMMUNICATE DIRECTLY WITH KEY DOL OFFICIALS

Dear Friends,

Greetings. Congress is back, with health care reform dominating the agenda. We will see when they turn again to our issue.

As you may recall from our last Update, DOL will be holding two H-2B Stakeholder Briefings that are open to all of us. The first will be held on September 17 in Boston (the Sheraton Boston Hotel (8:30AM-12:30PM)), and the second on September 22 in Chicago (at the Westin O’Hare (12:30PM-4:30PM)). I have provided a link outlining the details:

http://www.dtiassociates.com/oflcbriefings/

Anyone who has had to turn to the H-2B program should consider attending one of these briefings. This is a rare opportunity to raise issues and ask questions directly to the individuals in charge of running the H-2B program as well developing DOL’s policy on the program.

Several SSB members have informed us that they have made travel arrangements and plan to meet up with other members. If you have signed up to attend, please let Claire Cassard know at CCassard@SaveSmallBusiness.org or by calling 240.238.4412. I am pleased that Don Mooers (Save Small Business strategist and immigration attorney) will attend both meetings. We may use his presence, together with SSB members, to pull together an opportunity to meet either before or after the sessions. We will follow up with those whom we know will be attending each meeting.

In the meantime, please continue to let your elected officials know just how important the H-2B Program is to your ability to keep American workers employed at your businesses. The H-2B program is working – in down times, demand is not as high, but when the economy is strong, fewer Americans are willing to forgo year-round, permanent employment for a temporary seasonal job.

Stay strong my friends. Until next time…

CHARGE ON!

Hank Lavery
President
Save Small Business

Update — September 2, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Wednesday, September 2nd, 2009

Dear Friends,

Congress is still out of session so we have nothing new to report on developments regarding the so-called H-2B Reform Bill. We will keep you informed as always should we receive additional information once Congress re-convenes next week following the Labor Day weekend.

While this is not technically part of the H-2B returning worker fight, I thought I would share with you something that came in to SSB yesterday. One of our members shared with us information confirming that the US Department of Labor’s Wage and Hour Division has found a new method to inform H-2B workers directly about laws related to labor protections and the H-2B prevailing wage.

Attached please find a copy and translation of this Wage and Hour Division document. The Spanish-language document was inserted into the passport of a recently-arrived H-2B worker.

It is worth noting that the Wage and Hour Division has provided a toll-free number for H-2B workers to call to request additional information regarding legal protections and wages. This is important since we have heard that Congress may soon be considering placing H-2B workers under the care of the Legal Services Corporation. Advocates of small and seasonal businesses, the American workers they employ, and the communities they serve have urged that DOL institute a toll-free number for workers to call if they face trouble rather than having Congress go down the path of Legal Services.

Take care. Enjoy the upcoming Labor Day holiday.

Charge On!

Hank Lavery
President
Save Small Business

Update — September 1, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Tuesday, September 1st, 2009

CONGRESSMAN KRATOVIL HONORED FOR HIS SUCCESS IN FREEING UP
25,000 H-2B VISAS

Ben Parks, President of the Dorchester Seafood Harvesters Association, presents
an award to Congressman Frank Kratovil (MD-1)

Nicie Jones, Charlotte Jones, and Anna Jones, full-time workers at J.M. Clayton Seafood
in Cambridge, MD, show their appreciation to Congressman Kratovil

Dear Friends,

We’ve all heard how a picture says a thousand words? How about two pictures? Yesterday down on rural Hoopers Island, Maryland, Congressman Frank Kratovil (Md-1st) was appropriate honored for his incredible efforts in helping to free-up 25,000 H-2B visas.

I cannot express our appreciation to Congressman Kratovil and his staff for the endless efforts in getting relief for so many companies, not only the Seafood industry. The truth is without the additional 25,000 H-2B visas many full-time American workers from J.M. Clayton Seafood and other companies would be in jeopardy of losing their jobs.

I would also like to extend my gratitude to Jack Brooks, for his tireless grassroots work, and to Jay Newcomb, member of the Chesapeake Bay Seafood Industry Association and owner of Old Salty’s Restaurant, where the event was held. Kudos should also be given to Jay Friel, S.E.W. Friel Company, for serving as the master of ceremony. It was an incredible event with over 50+ in attendance including dignitaries from Senator Mikulski, Senator Cardin, and Governor O’Malley’s offices. Thank you all who were able to attend.

As we charge on in the months ahead, no doubt we have our work cut out for us. This has not intimated us in the past, nor should it now. I encourage all of you to consider hosting a ceremony like this to give recognition to the many officials who have helped us out. Wouldn’t it be great if other industries could host events? Need help? Call or email Claire Cassard – 240.238.4412 ccassard@SaveSmallBusiness.org.

I will keep you informed of any new developments. In the meantime, continue to let your elected officials know that the H-2B Program is helping you, your business, your community, and of course, your full-time American workers.

Until next time, Charge On!

Hank Lavery
President
Save Small Business

Update — August 25, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Tuesday, August 25th, 2009

1^ST WAVE OF 25,000 H-2B WORKERS TO ARRIVE THIS WEEK

Dear Friends,

I want to bring you up to speed on a few developments:

First H-2B Workers Under 25,000 “Newly-Discovered” FY2009 H-2B Visas Will Arrive in US This Week:

Thank you for keeping us apprised of the progress of the FY2009 petitions you filed as a result of the release two weeks ago by USCIS of the 25,000 H-2B visas. While too late for most of you, there are still many employers around the country who are in desperate need of these visas.

Reports from USCIS (at least the Vermont Service Center) and Consulate in Mexico have been very positive, with both USCIS and the State Department acting quickly to process these cases. We are ecstatic to have heard from several employers that their newly-approved H-2B workers are in fact en route to work RIGHT NOW, and that they should arrive at their employers’ places of business this week. The turnaround has been great.

In addition to the officials on Capitol Hill and at USCIS and State who have worked hard on this, we need to send thanks once again for Senator Mikulski & Congressman Kratovil’s efforts to make this relief a reality.

NEXT UP (once the workers have arrived): Each of us needs to urge Congress to get to the bottom of HOW IN THE WORLD COULD THE US GOVERNMENT MADE SUCH A COLLOSAL BLUNDER? How and why did the Departments of State and Homeland Security manage to lose count of 25,000 H-2B visas this year?
No Word On the Reform Bill:

As of now we are hearing that there is not any further movement of the Reform Bill. We will keep you informed as new information develops.
DOL Announces Stakeholder Briefings on September 17 and 22

DOL announced that it will hold two “H-2B Stakeholder Briefings”. They will take place on September 17 in Boston and September 22 in Chicago. The DOL’s H-2B leadership team will be in attendance, and you will have the rare opportunity to raise issues and ask questions directly to the people in charge.

If you can, I encourage you to attend one of these (they should be identical presentations). If you can make it, you will need to register in advance. Here is the registration link for the briefings:

http://www.dtiassociates.com/oflcbriefings/

I know that one or more of SSB’s Board Members plan to attend at least one of the briefings. In addition, Don Mooers will be in attendance at one of the briefings as well. We will give all of you who could not attend one of the events a full report following the briefings.

That’s all for today.

Charge On!

Hank Lavery
President
Save Small Business

Update — August 6, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update #2: Thursday, August 6, 2009

Quick explanation of today's
DHS Announcement

Dear Friends,

Quick message from Don Mooers, Immigration Attorney & Strategist to Save Small Business:

The announcement today of 25,000 H-2B visas for FY 2009 will help those businesses who already have approved labor certifications for FY 2009 and did not make this year’s cap. Under the 2009 rules, the approved labor certifications should be available for use to file the H-2B petitions with USCIS.

This should be useful for companies who still have late summer and fall needs, but whose seasons started too late for the cap. This includes Cape Cod, Michigan’s Upper Peninsula, and many other regions in the country including Maryland’s Eastern Shore.

Employers should contact their attorney or agent to see whether this announcement will help them.

Don Mooers
Immigration Attorney & Strategist to Save Small Business

Friends, please note that Don wants to emphasize this is not legal advice. I repeat this is not legal advice and should not be relied upon as legal advice. Don just wanted to make sure everyone knows what this announcement means to us. We will back to you with more information as we get it.

Charging On!

Hank Lavery
President
Save Small Business

Update — August 6, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Thursday, August 6, 2009

DHS TO RELEASE AN
ADDITIONAL 25,000
H-2B VISAS

Dear Friends,

Glory Day! I am so thrilled to inform you that Senator Mikulski & Representative Kratovil have sent out releases informing the media that DHS plans to shortly release an additional 25,000 H-2B visas. Here is the information as we know so far:

From Representative Kratovil’s office:

Kratovil Secures Immediate Visa Relief for Maryland Crab Industry

DHS Responds to Inquiries by Rep. Frank Kratovil and will Announce the Release of Additional H-2B Visas

Date: 8-6-09 – For Immediate Release

Contact: Kevin Lawlor, 202 225 5311

Washington, DC – Responding to efforts by Congressman Frank Kratovil, Department of Homeland Security (DHS) Deputy Secretary Jane Holl Lute confirmed today that the DHS will shortly announce the release of additional FY09 H-2B visas for temporary workers, which will provide immediate relief to numerous Maryland crab processing businesses. Federal immigration laws cap the H-2B program at 66,000 visas per year, and many crab processing facilities on Maryland’s Eastern Shore have had their H-2B applications denied as a result of the DHS formula for allocating visas under this cap. After repeated inquiries from Kratovil regarding potential steps that DHS could take to help the crabbing industry, including the allocation of visas, DHS will acknowledge today that visas have been under-allocated under the fiscal year 2009 cap and an additional 25,000 visas will be immediately released. This announcement is welcome news to the Maryland crab industry, which has been dealing with a severe labor shortage that has prevented a number of processing facilities from opening this season, while those that have been opened have been operating at levels far below capacity. Reopening these facilities will have a major impact on the local economy; a recent study from the University of Maryland found that each H-2B worker in the crab industry supports 2.5 American jobs.

Rep. Kratovil released the following statement regarding The Department of Homeland Security’s decision.

“I am pleased that the Department of Homeland Security listened to our pleas and released these additional visas. This decision is great news for the Eastern Shore communities that have been hurting because of the closed picking houses. These additional visas will allow Maryland’s crab processors to open and remain viable throughout the rest of this season. Today’s announcement is good news for the watermen, picking house owners and employees, truck drivers, restaurant owners, community bankers, and everyone else whose livelihood is impacted by the crabbing industry. I would also like to acknowledge the work of Senator Barbara Mikulski, Majority Leader Steny Hoyer, and other colleagues in Maryland and across the country who have also been steadfast champions for H-2B relief.”

Rep. Frank Kratovil

Update — July 30, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Wednesday, July 30, 2009

USCIS CAP COUNT:
H-2B NUMBERS AS OF JULY 30

Dear Friends,

The latest numbers have just been released for FY2010 First Half H-2B Cap numbers:

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	3,059	1,318	47,000	4,377	7/17/09
H-2B 2nd Half	33,000²	-------	------	-----	------	-----

Once again you will see that the numbers are moving at a slower rate than previous years. We have been informed by a number of our contacts there are various explanations as to why: USCIS is taking more time evaluating applications, the downturn in the economy, and a possible logjam in the processing cities.

We will keep you informed as the information is updated. I recommend you mark the link as well so that you can keep up with developments as they occur. Here is the link at the USCIS website:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCR

CONGRESS RETURNS HOME AUG 3 FOR IN-STATE WORK PERIOD

The 111th Congress wraps up business in Washington, DC this week with Health Care Reform dominating the agenda. I have heard from many of you concerned about how this may affect your bottom line considering the possibility of the small business owner picking up more of the insurance costs. You also believe you will have to incur more recruitment costs involved with the H-2B Application process ultimately adversely affecting your bottom line. We have not heard anything more about House Education & Labor Committee Chair George Miller’s (D-CA) H-2B “Reform Bill” and will certainly pass along any news as we hear it.

In summary, I ask you to remain diligent and if the opportunity arises, communicate your frustration over Congress’ inaction in addressing the H-2B labor shortage. Many of your representatives will be in their home districts until September – take advantage and explain how you need the H-2B Program in order to keep your full-time American workers and your business in operation. I know I do and I will let them know. I need you to do the same.

CHARGE ON!

Hank Lavery
President
Save Small Business

Update — July 23, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Wednesday, July 23, 2009

USCIS CAP COUNT:
NO CHANGE FROM JULY 10

Dear Friends,

The news in Washington, DC these days is all about Healthcare Reform. As a result, our contacts tells us that our bill, The Save Our Small and Seasonal Businesses, is certainly on the radar but unlikely to be addressed before the August recess.

Certainly all eyes are waiting for the release of the latest Cap Count which has not been updated since last week and sits at 3,100. At this point we can only speculate as to why the number is much lower than previous years, and it appears that the back-up in Chicago, together with the change in the definition of period of need, are the key factors responsible for the slow start. As we learn more, we will pass along the information. The USCIS data is listed at the end of this email.

Now Premiering: Guest Columnist Series

Let’s face it. While I know you wait with thorough anticipation for my next Action Update, I have come to realize that you enjoy hearing stories directly from the source. Therefore I proudly introduce a new feature, Guest Columnist, which will be written by SSB members about how the H-2B crisis has affected their businesses and the lives of Americans dependent on the success of the business.

We hope that this series will provide all of us with a first-hand understanding of how the H-2B crisis is affecting industries and regions across our great country. If you would like to become a “guest columnist” please contact Claire Cassard at CCassard@SaveSmallBusiness.org (or call 240.238.4412).

Without further adieu, I present to you SSB Board Member and all around good guy, Jack Brooks, president of JM Clayton Seafood in Cambridge, Maryland and the debut of Guest Column.
------------------------------------------------------------------------------------------------------------------

CLAWING OUR WAY
THROUGH THE H-2B
WORKER SHORTAGE

Written by Jack Brooks, Owner J.M. Clayton Co.
Cambridge, MD

Wanted: Crab Claws. That’s right. We need more crab claws and we cannot get them because the government will not allow our returning H-2B workers to work this season. It is a sad day here on Maryland’s serene Eastern Shore when I look at a piece of equipment that has been a workhorse for over 40 years, the Harris Machine, as it mostly sits idle. You know what’s even worse? When I have to tell 14 of my workers that instead of getting 40+ hours/week, they will only get 4-6 hours.

The Harris Machine is normally one busy piece of equipment; it automatically picks the excess claws from our production and the production for eight other Seafood Houses: AE Phillips, GW Hall, Russell Hall, Lindy’s Seafood, Charles Parks & Son, Rippon Brothers, WT Ruark and Simmons Chesapeake Seafood. Three of the companies, including mine, are working at about 40% capacity. Two of the crab houses have not opened; one has two pickers instead of his usual 35, another only 4 out of 25.

The most frustrating part is the fact that it seems so solvable. Congress understood why we could not get the workers we needed and granted us relief from the H-2B Cap of 66,000 for the past three years. Evidently they did not understand or care enough this year. As hard as my colleagues and I have tried, along with my fellow SSB members, they choose not to pass our bill, The Save Our Small and Seasonal Businesses, and are companies and workers are struggling.

Don’t get me wrong, we have our allies: Senator Barbara Mikulski (MD), Congressman Stupak (MI), and Congressman Frank Kratovil (MD), three Sponsors of their respective bills, have rallied like there is no tomorrow to get it done, only to be denied. Even Tom Brokaw from NBC Nightly News seems to understand enough to report about it as part of his on-going series called American Character, highlighting towns and people around Route 50 in Maryland all the way to Route 50 in California.

Until we get relief, we continue to “Charge On.” Some days are better than others. While Congress addresses Health Care Reform, realizing a bill will not be introduced before the August recess, I guess they expect us to stay idle. Just like the Harris Machine most of the time. Please Congress: do something before an entire community and industry goes by the wayside.

The author is a fourth generation crab picker on Maryland’s Eastern Shore. His company, the J.M. Clayton Co, is the oldest working crab processing plant in the world. He is also a Board Member of Save Small Business.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thanks, Jack, for sharing your thoughts. Your compelling story has been told and retold coast-to-coast, and still Congress cannot see fit to the Save Small Business bill.

As I sign off today, I would like to share the attached op-ed piece from this week’s Washington Post written by two supporters of a temporary worker program. Much of the current debate on temporary worker programs has excluded the H-2B and other non-immigrant programs from consideration, and it will be up to all of us to make sure that Congress includes a temporary worker program when it passes immigration reform in the future.

CHARGE ON!

Hank Lavery
President
Save Small Business

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Immigration Pitfall
Why 'Legalization Only' Won't Fly

By Jorge G. Castaneda and Tamar Jacoby
Tuesday, July 21, 2009

President Obama looks to be gearing up to make good on his campaign promise of comprehensive immigration reform. But unlike in 2006, when Democratic and Republican reformers agreed on what was needed in an overhaul, this year there's a new fault line.

It surfaced last month when Obama called lawmakers to the White House to discuss immigration, and Sen. John McCain led pro-reform Republicans in pushing back against the president. Obama had said little about what he wants in a bill -- in fact, he has been studiously vague. But McCain knew enough about what has (and has not) been said recently by immigration experts close to the White House and those pushing Obama to take up reform that he felt it necessary to launch a preemptive strike.
This year, in contrast to 2006, organized labor and many Latino advocates are thinking about slicing up the reform package and moving forward with a piecemeal approach: a bill that legalizes the unauthorized immigrants already in the United States -- call them the "stock" -- but makes no provision for those who will want to work north of the border in years ahead, the future "flow."

The reasoning is clear: With unemployment edging toward 10 percent, it's hard to argue that the United States needs foreign workers. And organized labor, particularly the AFL-CIO, has seized on the opportunity to graft its larger agenda onto the immigration debate.

But this view is shortsighted. Just as it would have been a mistake in a Republican era to pass an expanded temporary worker program but leave out legalization and a path to citizenship, so, too, would it be a mistake now to legalize immigrants who are here without creating a way for future workers to enter the United States legally.

To understand why, consider U.S. politics. With no pipeline for future workers, McCain will not vote for the bill. Without him, there will be no other Senate Republicans. And without Senate Republicans, there won't be enough Democrats, given the inevitable defections among Blue Dogs, New Democrats and other moderates.

Then there is Mexican politics. This is not discussed much on Capitol Hill, but the United States can't hope to implement an immigration overhaul without help from Mexico -- help administering legalization and dissuading future illegal immigration. And no Mexican government can afford to cooperate with Washington unless the reform includes a significant increase in temporary worker visas. This was true during the administration of President Vicente Fox, and it's even truer today for the beleaguered President Felipe Calderón.

But ultimately, the problem with "legalization only" is bigger than politics in either country. The economic downturn may have cut the traffic from Mexico -- as much as 25 percent, by some estimates. Yet once the economy begins to recover, demographic and economic reality will kick in again on both sides of the border.

When the economy begins recovering, U.S. housing starts will climb, restaurants will fill up again, Americans will take the vacations they've been putting off and more. Revitalized businesses will once again need foreign workers for jobs that increasingly educated Americans do not want.

Meanwhile, in Mexico, for five to 10 more years at least, the working-age population will continue to grow faster than the number of decent-paying jobs, and young workers will continue to want to go where they can make a better living. It's supply and demand -- to the benefit of both countries.

The United States can recognize this reality and harness it -- or pretend it doesn't exist and live with the costs of denial. If these workers cannot enter the United States legally, they will find ways to enter illegally, no matter how much border and work-site enforcement is in place, no matter how dangerous the trip or how high the price. Hoping that people will stop coming is as illusory as thinking that those already in the United States will pack up and go home.

The bottom line is that the only way to stop illegal outflows from Mexico is to legalize them, adapting the law to reality, not the other way around.

Some have suggested a "third way": creating a commission to determine how many workers are needed in the United States. But it's hard to see how that would work. Discredited as markets are today, they're still the best way to match supply with demand. Though markets must be regulated, they don't work very well when they're micromanaged. Will a commission be able to determine how many Mexican workers are needed from month to month -- and then ensure that only that number enters the country? Not very likely.

Comprehensive immigration reform makes sense for the United States and for Mexico for economic and ethical reasons; it's good foreign and domestic policy. What doesn't make sense is a seemingly expedient but ultimately unworkable piecemeal approach. Neither legalization without future flows nor future flows without legalization will solve the problem. Only the two together can get the job done.

Jorge G. Castaneda was foreign secretary of Mexico from 2000 to 2003 in the government of Vicente Fox. He teaches international relations at New York University. Tamar Jacoby is president of Washington-based ImmigrationWorks, a national federation of employers advocating immigration reform.

http://www.washingtonpost.com/wp-dyn/content/article/2009/07/20/AR2009072002483.html
------------------------------------------------------------------------------------------------------------------
USCIS Cap Count:

As USCIS begins receiving H-2B petitions, the below chart will be regularly updated.

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	1,300	1,800	47,000	3,100	7/10/09
H-2B 2nd Half	33,000²	-------	------	-----	------	-----

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.

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

Update — July 15, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Wednesday, July 15, 2009

USCIS LATEST H-2B CAP NUMBERS:

Dear Friends,

Here are the latest numbers just released for FY2010 First Half H-2B Cap numbers:

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	1,300	1,800	47,000	3,100	7/10/09
H-2B 2nd Half	33,000²	-------	------	-----	------	-----

We have been informed by various sources that USCIS is carefully scrutinizing every application thus creating a slower process than previous years. For example, as of July 21, 2008, nearly 30,000 of the 33,000 available visas had been allocated. If you plan to submit applications for an October 1, 2009 start date, you should do so now or there is a good chance you may be shut out. We expect the Cap numbers to fill quickly as more applications are submitted, reviewed and approved.

What is the latest news about the H-2B Reform Bill?

Reports continue to emerge from Congress that Representative Zoe Lofgren, Chair of the House Immigration Subcommittee, will be submitting an H-2B “Reform Bill” which is likely to include increased costs, more bureaucratic red tape, and changes in the definition of what positions and employers qualify for H-2B visas.

How long will it take to pass the H-2B Reform Bill?

This is a rather difficult question to answer. While there is not a definitive timetable, it is more than likely it will take weeks, perhaps even months, before it circulates throughout Congress and goes through what is known as a “mark up.” We will keep you informed as we get more information.

Is it possible that an H-2B Reform Bill will be passed before a Comprehensive Immigration Reform Bill is submitted?

Yes, it is certainly possible and rather likely.

As I sign off today, I am thinking about comments President Obama has continually made during Sonia Sotomayor’s confirmation hearings. He often refers to the fact how he is looking for a justice with “empathy.” I propose he take the empathetic angle a step further: how about a Congress who is empathetic to the needs of America’s small and seasonal business owners? Every one of us would confirm that now wouldn’t we?

I am still ready to fight. How about you?

CHARGE ON!

Hank Lavery
President
Save Small Business

Update — July 8, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B
Action Update: Wednesday, July 8, 2009

CONGRESS RETURNS TO DC:
STILL NO ACTION ON H-2B RELIEF

Dear Friends,

I continue to hear from many of you who still do not have a solution to your seasonal and temporary labor issues.

Let’s recap where we stand right now:

* Status of Current Bills:

Despite active efforts by sponsors, co-sponsors, and supporters of seasonal businesses, none of the three bills below have been scheduled for a vote.

1. S.388

• Sponsored by Senator Mikulski (MD) renews the H-2B worker exemption for 3 years.
• 36 Senate co-sponsors (Former bill S.988).

2. H.R.1136

• Sponsored by Representative Stupak (MI) restores the H-2B worker exemption permanently.
• 86 House co-sponsors (Former bill H.R.1843).

3. H.R.1934:

• Sponsored by Representative Kratovil (MD) provides a one-season fix through September.
• 24 House co-sponsors.

* Standstill on Capitol Hill:

Currently there is little action currently in Congress that is related to easing the H-2B crisis. Despite the fact that American workers and communities need H-2B workers to supplement their American workforce, Congress refuses to act.

* Eight Governors Unite In Efforts to Help H-2B Legislation:

I have attached a copy of a letter from the Governors of eight states in support of a resolution to the H-2B crisis. The letter is addressed to Senate Leaders Reid and McConnell, and to House Leaders Pelosi and Boehner. Nice work to all of you who successfully brought this letter to your Governor’s attention. For those of you who have not yet been successful, please follow up again with your Governor to request that he or she consider signing this letter too.

* Media Stories Continue to Focus on Negative Impact of H-2B Worker Shortage

At the end of this message I have pasted an article about SSB member Gary Bauer, a seafood processing owner from Slidell, Louisiana. Once again, Gary and many of his colleagues are fighting to stay in business due to getting shut out of the Cap. Adding insult to injury, the article reports how competition from countries such as China and Venezuela is also driving him out of business.

“Some countries allow their workers to work for a day for what we pay our workers for an hour,” Bauer said. “If you have labor that cheap, you can pick the crabmeat completely free of shell.” “It’s more costly to bring the workers in, but I need them,” Bauer said. “If I lose my workers, I won’t be able to pick crabmeat. And if I can’t pick crabmeat, then I can’t buy crabs and the fishermen are affected.”

Why oh why does Congress not help him? Since Hurricane Katrina devastated Pontchartrain Blue Crab Inc., slowly and steadily Gary has been able to re-build his business. However, without his returning workers, this has been an even more complicated and convoluted process.

* Grassroots Efforts Waiting for Congress to Show Light at the End of the Tunnel

We are hearing from our contacts on the Hill that some Elected Officials have expressed doubt about whether there is a real need for H-2B relief. With the current standstill caused by union and anti-foreign worker advocates in control of Congressional leadership (especially the leadership in the House of Representatives, led by Speaker Pelosi and her top advisor, Education and Labor Committee Chair George Miller), it is hard at this time to encourage you to make phone calls, send emails and letters, and make visits to Hill offices.

* Representative George Miller Is Reportedly Ready to Try to Destroy America’s Small and Seasonal Businesses with the Introduction of an “H-2B Reform Bill”

We have been informed that instead of helping us, Chairman Miller has been pushing a piece of legislation called the “H-2B Reform Bill.” We understand that this legislation will do nothing to help, and will instead do everything it can to punish all of us who have worked to follow the law and play by the rules. Here are highlights of his Chairman Miller’s draft bill (which we understand may have been written by and then presented to him by a group representing anti-foreign worker unions and anti-H-2B groups like the Southern Poverty Law Center):

o Introduces a per worker fee just for the right to submit an H-2B Labor Certification application with DOL (first time in history that DOL will receive a fee – a very hefty fee in fact – for this kind of application);

o Introduces a second fee on top of the fee above (this fee is also payable to DOL) for each Labor Certification application filed with DOL;

o Requires employers to pay transportation and other fees for workers;

o Creates a new “predominant wage” that will dramatically increase wages payable to H-2B workers;

o Creates a new Federal Minimum Wage (150% of the Federal Minimum Wage in effect) for H-2B workers and for ALL US WORKERS employed by an H-2B employer. 150% of the Federal Minimum Wage would be the wage floor, regardless of whether the prevailing or predominant wage was lower than this;

o Forbids paying US workers a wage lower than the wage offered to H-2B workers.

o Creates a number of new administrative and enforcement requirements.

All in all, this “Reform Bill” appears to be misnamed. It should be called instead the “Miller Death to America’s Seasonal Businesses Bill”.

Keep in mind that the Miller bill has not yet been introduced in the House of Representatives. We have been informed that it is the intent of the anti-American worker group (how can they be anything other than aligned against the needs of American workers if they are so dead-set against the H-2B program, the ONLY salvation of American workers employed on a full-time basis by seasonal businesses that cannot find enough American seasonal workers to fill available positions?) led by Chairman Miller to file their “Reform bill” in the coming weeks. Be ready to stand up against it should it actually come up before the House.

We will continue to stand up for you. We keep on going because we have no alternative other than to win this battle for America’s small and seasonal businesses.

CHARGE ON!

Hank Lavery
President
Save Small Business

New Orleans CityBusiness

July 6, 2009

Cheap foreign product pinching crab industry
The Katrina-depleted fishing fleet still wrestles with high fuel prices, dwindling ranks
by Rachel Strassel

Gary Bauer, owner of Pontchartrain Blue Crab Inc. seafood processing plant, says unchecked crabmeat imports from foreign countries have hurt his business. (Photo by Rachel Strassel)

Louisiana’s crab fishermen are still struggling to return to the water almost four years after Hurricane Katrina ravaged their fleet. And for those who are back setting traps at the crack of dawn and hauling in their catch under a scorching sun, the rewards are meager in the face of cheaper product from foreign competition and high operating costs.

There were 1,740 crab fishermen in Louisiana in 2004, said Vince Guillory, a biologist manager for the Louisiana Department of Wildlife and Fisheries. The number decreased to 1,477 in 2005 and to 1,315 in 2006. Estimates for 2007 put the count at 1,373.

The dwindling industry faces growing competition from countries such as China and Venezuela, which provide crabmeat priced at $4.50 a pound in the United States. Domestic crabmeat went for $9.50 in late June.

Lowering the price is not an option, said fisherman Peter Gerica, who has fished Lake Pontchartrain’s brackish waters for more than 35 years.

“Anytime you drop the price two bucks from where you are at, it’s going to kill you,” Gerica said.

In just one day last month, Gary Bauer’s fleet of fishermen caught 22,000 pounds of crab from coastal Louisiana waters. The owner of the Pontchartrain Blue Crab Inc. processing plant in Slidell considered the catch that day — and the rest of this season’s haul — to be slightly better than normal.

But for processors such as Bauer, it’s hard to compete with the cost of labor in foreign countries, most of which have no minimum wage.

“Some countries allow their workers to work for a day for what we pay our workers for an hour,” Bauer said. “If you have labor that cheap, you can pick the crabmeat completely free of shell.”

Not only is labor more expensive in the United States, but there is also a worker shortage. Bauer brings in workers from other countries with government-issued H-2B work visas. With only 66,000 visas issued annually, Bauer competes with other industries for labor.

“It’s more costly to bring the workers in, but I need them,” Bauer said. “If I lose my workers, I won’t be able to pick crabmeat. And if I can’t pick crabmeat, then I can’t buy crabs and the fishermen are affected.”

Bauer and Gerica are members of the Louisiana Crab Task Force, a group of 20 fishermen, biologists, attorneys and economists overseeing the crab industry. Collectively, they have attempted to ward off what they consider unfair competition from abroad, attempting to stop crabmeat imports through court action in 2000 and 2004. But Guillory said fishermen did not have enough money to finish the fight.

“It’s had a negative impact on the industry for sure,” he said. “The imports hurt the processing industry, and it’s difficult for processors to compete.”

For consumers, crabmeat price trends have been favorable this year.

Sales have increased and prices are at an all-time low because crabs are more plentiful, said Eric Stacey, purchasing manager for the New Orleans Fish House. Higher-end products, such as a container of domestic jumbo lump crabmeat, sell for about $25 retail and about $16 to $17 wholesale.

But for fishermen, Bauer said times are tough.

Rising fuel costs are clawing away at their profits. Before Katrina, Gerica used between 25 and 30 gallons of gas per day at $1.50 per gallon. A week ago, fuel prices are up to $2.62 a gallon, costing Gerica anywhere from $65.50 to $78.60 to fill up his boat.

It’s a far cry from the $4 mark reached last summer but not low enough to help the crab fleet rebound completely.

“I don’t think we will ever get fuel back to the way it was before the storm,” Gerica said. “It doesn’t matter if you’re a fisherman or taxi driver, it’s still going to hurt you.”

Since Hurricane Katrina devastated his processing plant, Bauer said it has been difficult to rebuild. He has restored his facility to roughly 80 percent of its pre-storm capacity.

“There was nothing left when we came back.” Bauer said. “Most of the fishermen lost everything they had.”

Gerica lost both of his houses and four fishing boats. His damage totaled more than $1 million.

To make things worse, Bauer said the fishermen didn’t receive federal aid until a year and a half after the storm, forcing them to delay rebuilding their homes and livelihood.

“The amount of relief and the time it took to get to fishermen from the federal level was embarrassing,” he said. “How can you expect people to come back?”

With low profit margins and the daunting expense of rebuilding their fleets, Gerica said many fishermen have given up the profession for good. With storm recovery providing work alternatives and an overall decrease in interest in the crabbing industry beginning in the mid to late 1990s, Guillory does not expect the crab fleet to return to its pre-Katrina size.

But Bauer is optimistic and says that against all odds, his business has a bright future.

“There’s a need for the live crabs and the crabmeat,” Bauer said. “It’s a stable industry that actually has room to grow.”•

http://www.neworleanscitybusiness.com/viewStory.cfm?recID=33608

Attachments:

PDF File: Governor Letter

Update — June 30, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B

Action Update: Tuesday, June 30, 2009

“But what I'm encouraged by is that after all the overheated rhetoric and the occasional demagoguery on all sides around this issue, we've got a responsible set of leaders sitting around the table who want to actively get something done and not put it off until a year, two years, three years, five years from now, but to start working on this thing right now.”

-President Obama from Speech Delivered on 6.25.2009

Dear Friends,

Already we find ourselves half-way through 2009 and there is still no relief to the H-2B crisis. Entire industries and communities continue to suffer in the face of White House and Congressional indifference to the plight of small and seasonal businesses and the Americans who work for them. The Obama Administration must begin demonstrating its commitment to the US workers who toil for America’s small and seasonal employers.

Keep after President Obama and the 111th Congress to do something that addresses our needs. At the end of this email you will find a copy of President Obama’s speech from last week so that you can judge for yourself what, if anything, the White House plans to do. We have also pasted two recent articles discussing the immigration reform issue.

In addition, I want to provide you with information about the following topics:

USCIS has released FY2010 First-Half H-2B Cap numbers:

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	600	1,200	47,000	1,800	6/26/09
H-2B 2nd Half	33,000²	-------	------	-----	------	-----
Total H-2B Per FY	66,000³	------	------	------	------	------

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

Please note that the number may seem low right now; since there are new procedures which are more cumbersome and slowing down the application process, the count will quickly fill up in the next few weeks. Do not hold off on applying if you have an October start date.

New Brochure From The State Department :

The State Department will be issuing a brochure to all individuals coming to the US to work or study. It includes a hotline number for workers who believe they are being abused. We have included a copy of the brochure as a PDF attachment. Please note the discussion of the H-2B program.
Entertainment Industry FAQ Regarding H-2B Regs:

Also sent as a PDF attachment is a summary of the new procedures and regulations concerning H-2B workers from the Entertainment Industry. This covers H-2B Carnival workers as well. The section on the pre-filing recruitment steps contains the same information as for regular H-2B labor certification – I encourage you to be sure to review this again since the process has been changed for the 2010 filing season.

As it does every year, Congress has gone out of session for the next weeks. Members will not return to Washington before July 6th (the elected officials are supposed to be using this time to work in their home districts, go on vacation or participate in overseas junkets). We encourage you to follow up on any opportunity you have to talk to your representatives about the H-2B legislative crisis. Remember: the best thing you can do is tell your story directly to your Member of Congress or Senator!

Charge On!

Hank Lavery
President
Save Small Business

___________________________________________________________________

Attachments:

PDF File: State Department Hotline Brochure

PDF File: DOL.FAQ.Entertainment Industry

THE WHITE HOUSE

REMARKS BY THE PRESIDENT

AFTER MEETING WITH MEMBERS OF CONGRESS

TO DISCUSS IMMIGRATION

State Dining Room

June 25, 2009

THE PRESIDENT: Hello, everybody. We have just finished what I consider to be a very productive meeting on one of the most critical issues that I think this nation faces, and that is an immigration system that is broken and needs fixing.

We have members of Congress from both chambers, from parties, who have participated in the meeting and shared a range of ideas. I think the consensus is that despite our inability to get this passed over the last several years, the American people still want to see a solution in which we are tightening up our borders, or cracking down on employers who are using illegal workers in order to drive down wages -- and oftentimes mistreat those workers. And we need a effective way to recognize and legalize the status of undocumented workers who are here.

Now, this is -- there is not by any means consensus across the table. As you can see, we've got a pretty diverse spectrum of folks here. But what I'm encouraged by is that after all the overheated rhetoric and the occasional demagoguery on all sides around this issue, we've got a responsible set of leaders sitting around the table who want to actively get something done and not put it off until a year, two years, three years, five years from now, but to start working on this thing right now.

My administration is fully behind an effort to achieve comprehensive immigration reform. I have asked my Secretary of the Department of Homeland Security, Secretary Janet Napolitano, to lead up a group that is going to be working with a leadership group from both the House and the Senate to start systematically working through these issues from the congressional leaders and those with the relevant jurisdiction. What we've heard is through a process of regular order, they would like to work through these issues both in the House and in the Senate.

In the meantime, administratively there are a couple of things that our administration has already begun to do. The FBI has cleared much of the backlog of immigration background checks that was really holding up the legal immigration process. DHS is already in the process of cracking down on unscrupulous employers, and, in collaboration with the Department of Labor, working to protect those workers from exploitation.

The Department of Homeland Security has also been making good progress in speeding up the processing of citizenship petitions, which has been far too slow for far too long -- and that, by the way, is an area of great consensus, cuts across Democratic and Republican parties, the notion that we've got to make our legal system of immigration much more efficient and effective and customer-friendly than it currently is.

Today I'm pleased to announce a new collaboration between my Chief Information Officer, my Chief Performance Officer, my Chief Technologies Officer and the U.S. Citizenship and Immigration Services Office to make the agency much more efficient, much more transparent, much more user-friendly than it has been in the past.

In the next 90 days, USCIS will launch a vastly improved Web site that will, for the first time ever, allow applicants to get updates on their status of their applications via e-mail and text message and online. And anybody who's dealt with families who are trying to deal with -- navigate the immigration system, this is going to save them huge amounts of time standing in line, waiting around, making phone calls, being put on hold. It's an example of some things that we can do administratively even as we're working through difficult issues surrounding comprehensive immigration.

And the idea is very simple here: We're going to leverage cutting-edge technology to reduce the unnecessary paperwork, backlogs, and the lack of transparency that's caused so many people so much heartache.

Now, we all know that comprehensive immigration reform is difficult. We know it's a sensitive and politically volatile issue. One of the things that was said around the table is the American people still don't have enough confidence that Congress and any administration is going to get serious about border security, and so they're concerned that any immigration reform simply will be a short-term legalization of undocumented workers with no long-term solution with respect to future flows of illegal immigration.

What's also been acknowledged is that the 12 million or so undocumented workers are here -- who are not paying taxes in the ways that we'd like them to be paying taxes, who are living in the shadows, that that is a group that we have to deal with in a practical, common-sense way. And I think the American people are ready for us to do so. But it's going to require some heavy lifting, it's going to require a victory of practicality and common sense and good policymaking over short-term politics. That's what I'm committed to doing as President.

I want to especially commend John McCain, who's with me today, because along with folks like Lindsey Graham, he has already paid a significant political cost for doing the right thing. I stand with him, I stand with Nydia Velázquez and others who have taken leadership on this issue. I am confident that if we enter into this with the notion that this is a nation of laws that have to be observed and this is a nation of immigrants, then we're going to create a stronger nation for our children and our grandchildren.

So thank you all for participating. I'm looking forward to us getting busy and getting to work. All right? Thank you.

Oh, and by the way, I hope everybody has got their Hawaiian shirts -- (laughter) -- and their mumus for our luau tonight.

THE NEW YORK TIMES

June 26, 2009

Republicans Focus on Guest Workers in Immigration Debate

By JEFF ZELENY and GINGER THOMPSON

WASHINGTON — President Obama told a bipartisan group of lawmakers on Thursday that Congress should begin debating a comprehensive immigration plan by year’s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs.

Leading the call for that provision was Senator John McCain of Arizona, who told Mr. Obama he would have to take his “political lumps” and stand up to labor unions that oppose the idea. The president praised Mr. McCain for paying “a significant political cost for doing the right thing.”

In the State Dining Room, Mr. Obama met with about 30 lawmakers for the first substantial discussion on immigration since he took office. Mr. Obama named a group to work with Congress that will be led by the homeland security secretary, Janet Napolitano, a former governor of Arizona.

“I think the American people are ready for us to do this,” Mr. Obama said, “but it’s going to require some heavy lifting. It’s going to require a victory of practicality, common sense and good policy making over short-term politics.”

The last time Congress considered sweeping immigration legislation, in 2007, Democrats and some Republicans pushed a three-part agreement that would have essentially provided legal status to the millions of people living here illegally, strengthened enforcement of immigration laws and expanded guest worker programs.

In April, the nation’s two largest labor unions, the A.F.L.-C.I.O. and its rival, Change to Win, joined together to promote a comprehensive plan but said they would oppose giving employers more power to bring in foreign workers. That agreement led business groups, a stronghold of Republican support, to leave the coalition.

Mr. McCain, speaking to reporters outside the White House on Thursday, said an immigration overhaul had a fresh urgency because of the surge in violence along the border with Mexico. But he said a guest worker program must be part of any immigration bill.

“I would expect the president of the United States to put his influence on the unions in order to change their position,” Mr. McCain said. As he left the White House, he said Mr. Obama needed to show leadership, saying, “That’s why he was elected president.”

Mr. Obama made no commitments in the meeting, administration officials said, but noted that all options were on the table, including a guest worker program. The White House chief of staff, Rahm Emanuel, had told reporters earlier Thursday that there was not enough support for an immigration bill this year.

“If the votes were there,” Mr. Emanuel said, “you wouldn’t need to have the meeting.”

THE LOS ANGELES YORK TIMES

June 26, 2009

As Obama sets course for immigration reform, roadblock appears

The president tells lawmakers at a White House meeting he wants to overhaul the system by early next year. But how to regulate the future influx of foreign workers emerges as a sticking point.

By PETER WALLSTEN

Reporting from Washington -- President Obama told congressional lawmakers Thursday that he would push for a sweeping overhaul of the nation's immigration system by early next year. But during the White House meeting, a new political obstacle came into view: how to regulate the future influx of foreign workers.

The issue was raised by Sen. John McCain (R-Ariz.), a principal architect of past attempts to rewrite immigration laws. McCain challenged Obama and other Democrats to stand up to labor unions that are pushing a plan business groups fear could be overly restrictive in admitting future immigrant workers.

"I would expect the president of the United States to put his influence on the unions in order to change their position," McCain said after the hourlong session, which included Obama, Vice President Joe Biden, senior White House officials and about 30 lawmakers from both parties.

The White House had been taking pains to foster the impression that the senator would be a partner in striking a deal. Obama sat directly beside McCain, his former campaign rival, during the meeting. And the president praised the senator in his public remarks, saying McCain had "already paid a significant political cost for doing the right thing."

Still, Obama offered no commitments on how to handle future immigrant workers, and White House officials said the meeting was not meant to be a forum for policy details.

Obama did offer his firmest pledge yet as president to push aggressively for legislation by the end of this year or early 2010, according to meeting participants. The president had been reluctant to offer a timeline. As his administration in recent weeks focused its attention on healthcare and energy, some Latino leaders and immigrant advocates cautioned that delaying on immigration could anger Latino voters who turned out strongly for Obama in last year's election.

"What I'm encouraged by," Obama said, "is that after all the overheated rhetoric and the occasional demagoguery on all sides around this issue, we've got a responsible set of leaders sitting around the table who want to actively get something done and not put it off until a year, two years, three years, five years from now, but to start working on this thing right now."

Obama said that his administration was "fully behind" an immigration overhaul, and that Homeland Security Secretary Janet Napolitano would spearhead the effort.

One major sticking point is whether the House would pass one of the key provisions demanded by advocates for immigrants -- a pathway to citizenship for many of the estimated 12 million illegal immigrants currently living in the country. About 40 House Democrats represent conservative swing districts where there is little support for the idea.

White House Chief of Staff Rahm Emanuel told reporters Thursday that "the votes aren't there" to pass such a plan.

But it was clear Thursday that regulating the future flow of foreign workers was emerging as a partisan point of contention.

Past plans included a temporary guest worker program that was supported both by business groups and immigrant advocates. But many labor unions were wary of that plan. Some union members have argued that guest workers drive down wages and displace American workers.

This year, immigrant advocates and unions pulled together to propose that an independent commission study labor market needs and decide how many immigrant workers should be allowed into the country.

The commission plan has drawn opposition from business groups such as the U.S. Chamber of Commerce, and McCain on Thursday left no room for compromise in opposing it.

Ana Avendano, the AFL-CIO's point person on the issue, said the unions did not intend to give up.

"Just because McCain said no [on Thursday] doesn't mean we're not going to continue pushing policies that are good for working people in the United States," she said.

Democrats indicated that they are open to compromise in order to bring McCain and other Republicans aboard. Sen. Charles E. Schumer (D-N.Y.), chairman of a Senate committee on immigration, said that "both parties, left and right, are going to have to give in some to get immigration reform." If it is not passed by next year, he added, "we might not be able to do it for a generation."

Update — June 23, 2009

SAVE SMALL BUSINESS

Save American Jobs – Restore H-2B

Action Update: Tuesday, June 23, 2009

“I’m committed to passing comprehensive immigration reform as president of the United States,” Obama said. – Roll Call 6.19.09

Dear Friends,

I am writing today with renewed hope that lawmakers will seriously address the H-2B Program and find a solution to this crisis. On Thursday, June 25, President Obama has announced that he will host a small group of House and Senate lawmakers to start discussions on Immigration Reform. While we understand that it might be extremely difficult to bring an Immigration bill to a vote this year, this could be a huge step in the right direction. At the end of this message you can read an article from Roll Call Magazine summarizing the situation.

Today I have a few items to share with you:

Newly-Published H-2B Worker No-Show Notice Information:

The attached PDF file outlines the newly-published notice providing detailed information for employers of H-2B workers who either depart employment early or who do not show up. Employers have a very short time period in which to report those workers who choose to not follow the law. This was originally published several months ago, but most people missed it. H-2B employers are now forced to stand in the shoes of the Immigration Service in providing details about AWOL workers.
Governor Association Letter on Save Small Business Bill:

We have been asked by several of our contacts in Washington to pass along a letter drafted by the National Governors Association requesting that members contact their respective governor’s offices and ask their governor to sign the letter. The letter supports H.R.1934, a bill sponsored by Rep Kratovil (MD), requesting a one-year relief extension. The letter is attached as a Word Document. Please direct your Governor’s office to respond directly to the contacts listed.
Media Coverage of the H-2B Worker Crisis:

Thanks for the positive comments following the NBC Nightly News and the USA Network stories covering the H-2B crisis and the plight of SSB advocate, Jack Brooks, and his 100-year old company, J.M. Clayton Seafood. I wish the media could produce or write a story about your own struggles to stay in business without the seasonal labor force you have counted on for the past years.
On that note, I am providing you with a link to another story which aired on the CBS affiliate in Baltimore, MD. Once again, the Maryland-area media outlets seem to understand the watermen’s crisis. I long for the day when the majority of Congress understands and does something about the crisis. Here is the link:

http://wjz.com/video/?id=56392@wjz.dayport.com

Outlined at the end of this message are two articles reporting on the shortage of temporary workers in the eastern end of Long Island, New York and once again Maryland’s Eastern Shore. If you have any articles relevant to the crisis, please send them to CCassard@SaveSmallBusiness.org.
We are Charging On:

I am signing off today eager to build on the momentum of President Obama’s upcoming meeting. As the NBC Nightly News and Baltimore news stories demonstrate (particularly the human side of the story), the Maryland & Virginia Seafood Industry is in jeopardy of losing companies that were established over 100 years ago! The business side of this issue is obviously compelling as well: Who wants to lay off more full time U.S. workers given the state of our economy?

CHARGE ON & GET IT DONE!

Hank Lavery
President
Save Small Business

Lawmakers Gear Up for Immigration Meeting With Obama

By Jennifer Bendery, Roll Call Staff, June 19, 2009, 7:20 p.m.

Backers of comprehensive immigration reform are gearing up for their first big meeting with President Barack Obama on Thursday, although it remains to be seen who will be attending and what will come of the bipartisan huddle.

Obama is hosting a small group of House and Senate lawmakers to begin discussions on the issue. Like Congressional leaders, Obama has signaled a desire to address the politically volatile issue but has given little detail on when or how to do so.

The meeting has been postponed twice over the past several weeks, causing some stakeholders to worry about Obama’s will to advance the issue anytime soon.

Details of the meeting remain hazy. Key lawmakers still don’t know if they are invited or what to expect from the gathering.

“Was I invited?” Congressional Asian Pacific American Caucus Chairman Mike Honda (D-Calif.) asked.

Honda said — if he is in the meeting — he will press for his immigration bill to be attached “intact” to any overarching strategy. Honda’s bill, which he describes as “the heart of comprehensive immigration reform,” would make it easier for spouses and children of green-card holders to be reunited.

Other stakeholders are hoping the meeting sheds light on the more tactical aspects of immigration reform.

“Legislative timetable and strategy and that’s it,” said Rep. Charlie Gonzalez (D-Texas), a member of the Congressional Hispanic Caucus. “I think everybody knows the essential moving parts of a comprehensive bill since we’ve dealt with it for so many years.”

On Friday, White House spokesman Robert Gibbs said the goal of the meeting is to further discussions on the issue, not to lay out plans for moving legislation anytime soon.

“We know the votes aren’t there right now,” Gibbs said. “In 2005 and 2006, even in 2007, there was not a majority yet to do this. We want to work with those both in favor and in support of those previous efforts to see where we can get comprehensive immigration reform to pass.”

Since the votes are not there, Gibbs said, there must be more dialogue between people with competing interests. “Keep in mind that there will be people at the White House next week that don’t agree with where the president and others are,” he said.

Obama renewed his promise to act on comprehensive immigration reform — and drew cheers and applause — during remarks at the National Hispanic Prayer Breakfast on Friday.

“I’m committed to passing comprehensive immigration reform as president of the United States,” Obama said.

Obama highlighted the need to strengthen border security as well as clarify the status of the millions of illegal immigrants in the country, “many who have put down roots.”

“For those who wish to become citizens, we should require them to pay a penalty and pay taxes, learn English, go to the back of the line, behind those who played by the rules. That is the fair, practical and promising way forward. And that’s what I’m committed to passing as president of the United States,” Obama said.

Obama’s plug for immigration reform also triggered a renewed commitment on the Hill.

“President Obama’s commitment to passing comprehensive immigration reform is strong and I believe we are already making significant headway. We are exploring the fundamental building blocks for a strong, fair, and bipartisan proposal and will pursue it with all deliberate speed,” Sen. Charles Schumer (D-N.Y.) said in a statement.

Speaking at the same event, Homeland Security Secretary Janet Napolitano said she is open to ideas about how to incorporate immigration reforms into homeland security policies.

“We have to come down to one basic principle,” Napolitano said. “Everybody ... has to agree and believe that we begin with immigration with the concept that it is an embodiment of the rule of law and that the rule of law will be fully and fairly and effectively applied across the spectrum.”

http://www.rollcall.com/news/36088-1.html

East End businesses hiring from near and far

BY KEIKO MORRIS | keiko.morris@newsday.com
9:12 PM EDT, June 22, 2009

Hiring for the summer season is typically an intense and competitive affair for establishments on the East End, but this year employers said the recession has helped ease some of the usual recruitment stresses.

Just how much of an upside a down economy can bring a business in the hospitality industry or a related field depends a lot on geography, the job offered, the availability of affordable housing for workers and the relative ease and costs of a daily commute. While some restaurants and inns in the Hamptons and on the North Fork have received massive responses - including some from laid-off financial executives - to online job ads, several Montauk employers continue to rely heavily on foreign students and workers.

That means employers like Gurney's Inn Resort & Spa in Montauk still have had to hustle to find additional summer workers, drawing their staff from foreign student visa programs, temporary guest worker programs, domestic internships and, this year, workers from Puerto Rico.

Others, including Mark Smith, owner and operator of several East End restaurants, are fielding applications from MBA graduates as well as veteran waiters who would not typically seek jobs out east.

Last summer and in summers past when business was unbelievable everywhere, it was hard to compete with the city in terms of wages and because the labor pool was very small and because everybody was gainfully employed," Smith said. "So in that respect, a lot more people are looking for work, unfortunately for them and fortunately for the industry out here."

East End businesses said they are seeing a larger pool of applicants, among them displaced workers from New York City's hospitality industry, and that it has become commonplace to be inundated with responses to ads.

The Mill House Inn in East Hampton placed an ad recently and got more than 100 responses for a part-time night position. A February ad for a group of openings - from front desk staff and chef to house manager - generated more than 300 responses.

"Usually we will not get even 100," said Lee Ellis, general manager of the inn. "Usually our responses are concentrated in a local area. This time it went all the way back up island to Nassau and mid-island."

Restaurateurs in particular have reported receiving numerous applications from people with a wide range of backgrounds, many of them with little or no related experience.

Smith, whose group owns Nick & Toni's and Rowdy Hall in East Hampton, notes that while job seekers span all industries, he has seen quite a few applications from those who used to work in the financial sector.

"We actually had a guy who was the CEO of a $30-million company who was married and has kids," Smith said. "The company went under. He was a waiter back in the day and was looking for waiting or bartending positions. It was a really sad commentary on what's going on out there."

Many Montauk businesses tied to the resort industry have found themselves in a tough spot in the past 18 months in terms of seasonal hiring. For several years they depended heavily upon the H2B visa program, which allows employers to hire foreign employees on a temporary visa after certifying that they were not able to fill those posts with native workers. The government caps the visas at 66,000 but for many years provided an exemption that did not count against the cap.

Since the end of 2007, Congress has failed to renew the exemption, causing a shortage of seasonal workers for Montauk's resort establishments.

"It's always the same problem. The non-glamorous jobs such as cleaning rooms and washing dishes and groundskeepers and night porters are just not jobs that unemployed American workers feel that they should be doing," said Paul Monte, chief executive and general manager of Gurney's.

Merle Aaron, owner of the Harborside Motel in Montauk, was unable to hire anyone on the H2B program in 2008. The same happened this year, although she did hire someone outside of the program. Slow business under these conditions might not be so bad, Aaron said.

"The upside to this is that business is so bad that I don't need any workers," she said. "Last year I was doing housework and laundry. I was running myself ragged. . . . If business picks up, I could find myself in the same situation."

http://www.newsday.com/community/news/hamptons/ny-bzjobs2312873121jun22,0,6881391.story

OPINION

Our Say: Congress' inaction strangling longtime Maryland industry

Published 06/18/09

Sunday's story about crab-picking houses in Dorchester County showed that these venerable Eastern Shore businesses are closing their doors because of a labor shortage. This, in turn, hurts their suppliers - the watermen.

But the labor shortage is artificial. Many experienced seasonal workers who have done this job before are ready and eager to do it again. The problem: Those workers are mostly in Mexico. They can't come to Maryland because Congress won't fix an outdated and arbitrary program: H2B visas.

Picking the meat out of a crab is a difficult, tedious job - seasonal work, not well paid, and generally done in isolated rural locations. For many generations, the job was done by local people. But as the economy diversified, education improved and the Eastern Shore became less isolated, the work became less attractive. Women could get better jobs, and the region's high school graduates began leaving the area.

So the local crab-processing industry began leaning more heavily on imported employees, using H2B visas that allow such workers to enter the United States for temporary nonagricultural jobs. A crab-picker's wages are better than workers from Mexico can earn at home; they send the extra money home, or use it to buy goods for their families in local stores. A University of Maryland study estimated that every H2B worker saved or created 2.5 American jobs.

The problem is that the number of H2B workers each year is capped at 66,000 - the number Congress apparently picked out of a hat in 1990. And visas are administered under a cumbersome system that doesn't allow employers to file a request more than 120 days before workers are needed. If other seasonal businesses snap up the 66,000 first, the Eastern Shore seafood houses are out of luck.

This year, they're out of luck - and out of business.

Sen. Barbara Mikulski, D-Md., has long pushed to get returning H2B workers exempted from the 66,000 ceiling; a measure she introduced was signed into law in 2005. Unfortunately, it isn't permanent. Mikulski got the law extended in 2006 and 2007, but her attempt to tack another extension onto a 2008 appropriations bill failed. So far, her 2009 bill to extend the exemption three more years hasn't gotten traction.

As Sunday's story showed, foreign workers at crab-processing plants are not taking jobs from Americans. Strenuous efforts to recruit and train local people have failed. Without the foreign workers, the plants can't be opened, and the few local workers who want the jobs can't be employed.

The Eastern Shore's congressman, Frank Kratovil, notes that some of his colleagues don't want piecemeal adjustments to immigration laws because they favor comprehensive reform. We favor such reform, too - but don't think that, in the meantime, an industry should be killed because of Congress' dithering.

We urge Mikulski, Kratovil and other Maryland legislators to keep working on cleaning up the H2B mess before it's too late for this traditional Maryland industry.

http://www.hometownannapolis.com/news/opn/2009/06/18-47/Our-Say-Congress-inaction-strangling-longtime-Maryland-industry.html

Attachments:

PDF File: H-2B No Show Regs

Word Doc: Governor Association Letter

Update — May 28, 2009

NBC NIGHTLY NEWS

FEATURES STORY

ABOUT H-2B CRISIS

Dear Friends:

I have never underestimated the determination and drive of our SSB members. Truly we are a team working in sync to accomplish one goal: H-2B relief! This has been demonstrated by many members time after time.

In fact, SSB members were successful in getting Tom Brokaw (yes, THE Tom Brokaw,known as America’s “most trusted individual”) to report two stories about how the H-2B crisis is killing the crabbing industry on Maryland’s Eastern Shore.

NBC NIGHTLY NEWS AIRS STORY ABOUT J.M. CLAYTON CO.:

The first story aired last night on NBC’s Nightly News with Brian Williams which featured SSB member Jack Brooks being interviewed by veteran anchor Tom Brokaw. The story is part of an on-going series called American Character, highlighting towns and people along Route 50 in Maryland all the way to Route 50 in California running on the USA Network in 2009.

In the story, Jack eloquently explains how the shortage of seasonal workers has had a devastating impact on his century-old company and all of the crab houses that are the backbone of Maryland and Virginia’s Eastern Shore. The piece also features perhaps our strongest supporter, Senator Barbara Mikulski (MD), sponsor of The Save Our Small and Seasonal Businesses Bill (S.388). Once again Sen Mikulski persuasively answers her critics about how this industry cannot survive without passage of this legislation.

USA NETWORK AIRS STORY ABOUT SUPPORTING SMALL BUSINESS IN CAMBRIDGE, MD:

The second story airing during May on the USA Network as part of the American Character series is a piece about fulfilling an American dream for a young entrepreneur opening a seafood restaurant in Cambridge, Maryland. Once again, a key element of the story is the supply of crabs from, you guessed it, J.M. Clayton Seafood! It portrays how vital this industry is to the success of not only small and upcoming businesses, but to a community in itself.

HERE ARE THE LINKS:

The NBC Nightly News story will not be featured on the MSNBC network for long so access it soon. Once you have opened the link, http://www.msnbc.msn.com/id/8004316, scroll down to Nightly News and click on “Crabbers Caught in Labor Conundrum.” Truly an amazing story.
The USA Network story can be accessed by clicking on http://www.usanetwork.com/highway50/videos/index.html. We all wish Amanda Bramble the best of luck with her restaurant: Jimmie & Sook’s in Cambridge, Maryland.

CONGRESSIONAL INACTION IS IN-EXCUS-ABLE!:

I am as frustrated as you are about the inaction of Congress in addressing our issue. One word comes to mind: inexcusable. We are hearing from our contacts that our strongest supporters are working hard to get relief but have been hitting roadblocks until the Reform Bill is presented. When will that be? We are hearing soon, but yet again we have been hearing that for a while.

WHAT CAN WE DO? WE ARE TIRED OF CONGRESS DOING NOTHING!

All I can tell you is it comes down to grassroots efforts. Just like the stories featured on NBC and USA, these are grassroots stories and issues. It will take the squeaky wheel getting through to bureaucrats: WE NEED H-2B RELIEF OR WE WILL LOSE OUR FULL-TIME AMERICAN WORKERS. EVEN WORSE WE WILL LOSE OUR BUSINESSES AND MORE THAN LIKELY OUR HOMES.!

OKAY, HOW DO YOU GET INVOLVED?

• What should you do next?

Continue to convert the 2008 Co-Sponsors into becoming 2009 Co-Sponsors. We have had some movement but we need to move more aggressively. Here is the latest:

CO-SPONSORS

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	87	72 to go to reach 2008 level

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html

There are a total of 23 Representatives supporting Rep Kratovil's bill (H.R.1934):

Rep Berkley, Shelley [NV-1] - 5/11/2009	Rep Bishop, Rob [UT-1] - 5/6/2009
Rep Blunt, Roy [MO-7] - 5/11/2009	Rep Bordallo, Madeleine Z. [GU] - 5/6/2009
Rep Conaway, K. Michael [TX-11] - 4/2/2009	Rep Connolly, Gerald E. "Gerry" [VA-11] - 5/11/2009
Rep Cummings, Elijah E. [MD-7] - 5/19/2009	Rep Delahunt, William D. [MA-10] - 4/2/2009
Rep Garrett, Scott [NJ-5] - 4/2/2009	Rep Gerlach, Jim [PA-6] - 5/19/2009
Rep Israel, Steve [NY-2] - 5/6/2009	Rep Larsen, Rick [WA-2] - 5/11/2009
Rep LaTourette, Steven C. [OH-14] - 5/19/2009	Rep LoBiondo, Frank A. [NJ-2] - 5/6/2009
Rep Ruppersberger, C. A. Dutch [MD-2] - 5/6/2009	Rep Ryan, Paul [WI-1] - 5/11/2009
Rep Sarbanes, John P. [MD-3] - 5/6/2009	Rep Simpson, Michael K. [ID-2] - 5/6/2009
Rep Stupak, Bart [MI-1] - 4/2/2009	Rep Van Hollen, Chris [MD-8] - 5/6/2009
Rep Wilson, Joe [SC-2] - 5/19/2009	Rep Wittman, Robert J. [VA-1] - 4/2/2009

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01934:@@@P|/bss/111search.html|

1. What do you tell your elected officials?

Tell them that this is the missing part of the Stimulus Package. The Save Our Small and Seasonal Businesses Act of 2009 (S.388/HR 1136) restores the H-2B Returning Worker Exemption. It costs the taxpayers no money, ensures that your US workers can stay in their jobs, and keeps you in business.

Explain that you always hire US workers first. You follow the law by advertising the jobs prior to hiring, but US workers are not looking for temporary, seasonal work. You refuse to hire illegal workers and abide the law by doing so.

You do not want to lay off your full time US workers. Nor do you want to lose your business.

2. How do I know if my Senators and Reps supported the 2008 Bills?

You can email Claire Cassard ccassard@SaveSmallBusiness.org or call 240.238.4412.

You can simply ask the Immigration Legislative Aid in their home or Washington offices.

As I sign off today I would like to credit Jack Brooks and his amazing staff at J.M. Clayton’s. It has been a very difficult time for Jack and the other seafood businesses in Maryland just to keep their businesses open. Throughout this all, Jack has never backed down in his efforts to get H-2B relief passed for all of us, whether we are from Maryland, Missouri or Montana.

Jack, Congratulations for putting this issue in front of millions of Americans who watch NBC News and the USA Network who now have a better understanding of why H-2B Relief is vital to the stability of our economy.

Who knows? Perhaps your story also fits into the American Character series with Tom Brokaw, or you want to comment on the stories at the MSNBC or USA Network websites. At the very least, since Tom Brokaw is known to and trusted by virtually every American, please make sure to the Brokaw stories to your friends, elected officials and everyone else who cares about the future our country and the future of America’s small and seasonal businesses.

CHARGE ON!

Hank Lavery
President
Save Small Business

WASHINGTON CONTACT INFORMATION:

U.S. Capitol Switchboard 202.224.3121

(The Capitol Switchboard will connect you to your Senator or Representative's office)

Websites:

Congressional Information www.congress.org

House of Representatives www.house.gov

U.S. Senate www.senate.gov

Visitor Information http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

Phone Lists: http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

(Click on Member Telephone Directory)

http://www.senate.gov/general/resources/pdf/senators_phone_list.pdf

Update — May 19, 2009

WANT H-2B RELIEF?

GOVERNOR KAINE

NEEDS YOU TO CALL YOUR GOVERNOR NOW!

Dear Friends:

Governor Tim Kaine (VA), Chairman of the National Democratic Party, has asked Save Small Business members to contact their respective Governor. What for? A push for H-2B Relief. It is our understanding that if enough governors recognize the seriousness of the H-2B issue, and take action by contacting Governor Kaine, he believes he can lead an initiative lead by governors to convince President Obama and Congress of the desperate need for the returning worker exemption. This effort has been spearheaded by grassroots activities by a number of the SSB Virginia Seafood members - THANK YOU FOR YOUR EFFORTS!

It is essential that Governor Kaine's office hear from as many Governors as possible! Please have your Governor or a staff member contact Governor Kaine's office by emailing Melinda Glazer melinda and Alfonso Lopez. For those of you who are already communicating with your governor directly, please ask them to get in touch NOW! If you have not communicated with your Governor before, please do so NOW! Once again, the focus is on the Senator Mikulski Bill (S.388) and Representative Stupak Bill (H.R.1136). Perhaps Congress will finally see the light and take action NOW!

What is the Co-Sponsor status of S.388, H.R.1136, and H.R.1934?

I have attached an excel sheet summarizing state and co-sponsor support for our bills in 2008 & 2009. Below is a comparison by numbers and a link to the Thomas website detailing support.

CO-SPONSORS (see Excel sheet for breakout)

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	87	72 to go to reach 2008 level

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html

There are a total of 19 Representatives supporting Rep Kratovil's bill (H.R.1934):

Rep Berkley, Shelley [NV-1] - 5/11/2009

Rep Bishop, Rob [UT-1] - 5/6/2009

Rep Blunt, Roy [MO-7] - 5/11/2009

Rep Bordallo, Madeleine Z. [GU] - 5/6/2009

Rep Conaway, K. Michael [TX-11] - 4/2/2009

Rep Connolly, Gerald E. "Gerry" [VA-11] - 5/11/2009

Rep Delahunt, William D. [MA-10] - 4/2/2009

Rep Garrett, Scott [NJ-5] - 4/2/2009

Rep Israel, Steve [NY-2] - 5/6/2009

Rep Larsen, Rick [WA-2] - 5/11/2009

Rep LoBiondo, Frank A. [NJ-2] - 5/6/2009

Rep Ruppersberger, C. A. Dutch [MD-2] - 5/6/2009

Rep Ryan, Paul [WI-1] - 5/11/2009

Rep Sarbanes, John P. [MD-3] - 5/6/2009

Rep Simpson, Michael K. [ID-2] - 5/6/2009

Rep Stupak, Bart [MI-1] - 4/2/2009

Rep Van Hollen, Chris [MD-8] -5/6/2009

Rep Wittman, Robert J. [VA-1] - 4/2/2009

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01934:@@@P|/bss/111search.html|

What else am I hearing from SSB members regarding their desperate need for workers?

Unfortunately as you would expect I am not hearing good news about the longevity of a number of businesses. With empathy and graciousness for this member’s honesty, I pass along his story.

“Lack of workers has forced me to drop my mowing clients.”

Jimmy Thomas, SSB Member & Landscape Owner, San Antonio, TX

This is a major change in Mr. Thomas’ business plan and ultimately costing him thousands of dollars in revenue. Because he could not get staff for his mowing business, his lawn chemical and fertilizer clients have been adversely affected as the understaffed mowing business consumed his time. He had been using a reliable H-2B staff for 7 years.

Jimmy Thomas, we feel for you, and wish you the best of luck trying to replace your lost revenue. BTW, Mr. Thomas was able to organize H-2B Conference Calls with his two Texas Senators ultimately resulting in Senator John Cornyn signing on as a Co-Sponsor. Very key since Senator Cornyn was not previously a Co-Sponsor.

Even if you got your workers this year, at this pace we will all be in serious jeopardy of not getting our workers next year without cap relief. Our backs continue to be up against the wall. And Congress still JUST DOES NOT GET IT.

Until next time…

CHARGE ON!

Hank Lavery
President
Save Small Business

WASHINGTON CONTACT INFORMATION:

U.S. Capitol Switchboard 202.224.3121

(The Capitol Switchboard will connect you to your Senator or Representative's office)

Websites:

Congressional Information www.congress.org

House of Representatives www.house.gov

U.S. Senate www.senate.gov

Visitor Information http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

Phone Lists: http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

(Click on Member Telephone Directory)

http://www.senate.gov/general/resources/pdf/senators_phone_list.pdf

Update — May 7, 2009

MESSAGE FROM REP KRATOVIL:

"CONGRESS NEEDS TO HEAR FROM YOU!"

Dear Friends:

I am writing to you today at the request of Freshman Congressman Frank Kratovil (MD-1st) who has been an incredible leader for H-2B Relief since the day he was inaugurated back in January. He has been exploring long term fixes, short term fixes and other visa programs that H-2B is not normally associated with. Truly he and his staff have left no stone unturned. As you are aware, he is the Sponsor of H.R.1934.

In that spirit, Congressman Kratovil is working aggressively with other Congressional members to get relief NOW! He believes that with support from Representatives across the states, he can get a short term fix to enable companies who were locked out of the H-2B Program to salvage the 2009 season.

What specifically has Representative Kratovil requested?

Rep Kratovil has requested that each and every one of you reach out to your Reps - every single member in your home state or states where you do business - and ask them to co-sponsor H.R. 1934 and fight hard to push it through. He has assured us that this will be the only tactic to get relief ASAP! I have attached to this email a copy of a letter written by Rep Kratovil which he is sending out to his colleagues urging them to become a co-sponsor.

How does this affect movement of S.988 & H.R.1136?

We have been told by our contacts on Capitol Hill that Senator Mikulski, sponsor of S.388, and Congressman Bart Stupak, sponsor of H.R.1136, are steadfast about getting relief as well. In a perfect world we would not settle for a one-year fix. However, desperate times call for desperate measures. A one year fix would certainly help the vast majority of you save your season. With that in mind, it is hard to stand in the way of progress.

Rest assured the 123 House and Senate Co-Sponsors will not back down even if H.R.1934 is passed. In fact, Rep Stupak and Rep Delahunt's signatures are on the letter drafted by Rep Kratovil. We are in this together.

How should we pursue our grassroots efforts?

Keep up your message of demanding H-2B relief now. Tell your Senators and Representatives that Congress must pass the Save Small Business bill in order to ensure that you can stay open and pay your American workers. If you cannot talk to the elected official directly, ask for the Chief of Staff.

Remember many Representatives return home on weekends. Consider contacting their home office along with their DC office.

How do I know if my Rep is a Co-Sponsor?

I have attached an excel sheet summarizing state and co-sponsor support for our bills in 2008 & 2009. Below is a comparison by numbers and a link to the Thomas website detailing support.

CO-SPONSORS (see Excel sheet for breakout)

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	87	72 to go to reach 2008 level

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html

My friends, Rep Kratovil's resilience shows us that we need to continue the fight!

CHARGE ON!

Hank Lavery
President
Save Small Business

Attachment: Excel '08 & '09 Co-Sponsor State Summary

WASHINGTON CONTACT INFORMATION:

U.S. Capitol Switchboard 202.224.3121

(The Capitol Switchboard will connect you to your Senator or Representative's office)

Websites:

Congressional Information www.congress.org

House of Representatives www.house.gov

U.S. Senate www.senate.gov

Visitor Information http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

Phone Lists: http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

(Click on Member Telephone Directory)

http://www.senate.gov/general/resources/pdf/senators_phone_list.pdf

Update — April 30, 2009

123 HOUSE AND SENATE CO-SPONSORS HAVE SIGNED ON

Is Your Representative on Board?

I am writing to you as Congress continues its boycott of finding a way out of the H-2B visa crisis. We have so much support from across the country – Democrats and Republicans – that the Save Small Business bill should have already easily passed Congress. But rather than passing the Bill, House leaders continue to hold it hostage. We just keep fighting.

NEW CO-SPONSORS FOR SAVE SMALL BUSINESS BILL

First, it is my honor to inform you that two more Representatives have signed on as Co-Sponsors of the 2009 Save Small Business Bill. They are:

Rep Tom Cole (OK) – re-signed from last year
Rep Gerald Connolly (VA) – Freshman Congressman

CO-SPONSORS

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	87	72 to go to reach 2008 level

Please reach out and thank our current Co-Sponsors. You should also contact those Representatives who are currently not Co-Sponsors especially those who were previously Co-Sponsors. Seriously this is the difference between getting our bill passed and just waiting on the sidelines.

Here is a link to the current list of Co-Sponsors:

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html

STATUS OF PROPOSED H-2B REFORM BILL

Reports continue to emerge from Congress that Rep. Zoe Lofgren, Chair of the House Immigration Subcommittee, continues to be nearing the filing of an H-2B “Reform Bill” which is likely to include increased costs, more bureaucratic red tape, and changes in the definition of what positions and employers qualify for H-2B visas.

COMPREHENSIVE IMMIGRATION REFORM MAY BE BACK WITH US

Last night during President Obama’s speech to America, he made the following statement about Comprehensive Immigration Reform:

“I see the process moving this first year. And I'm going to be moving it as quickly as I can. I've been accused of doing too much. We are moving full steam ahead on all fronts. Ultimately, I don't have control of the legislative calendar, and so we're going to work with legislative leaders to see what we can do.”

Reported by Politico http://www.politico.com/news/stories/0409/21919_Page2.html

Clearly President Obama is blazing the trail for Comprehensive Immigration Reform. In fact, today (Thursday, April 30) at 2:00 PM the Senate Immigration Subcommittee will hold a hearing titled “Comprehensive Immigration Reform in 2009, Can We Do It and How?” Sen Charles Schumer (NY) is the Chair of the Subcommittee, and this is the first such hearing in the current Congress. In case you want to witness the spectacle, I have provided you with a link to Subcommittee’s website: http://judiciary.senate.gov/hearings/hearing.cfm?id=3793

Remember, we all need to try to remain confident that somehow, someway, Congress will finally move on our issue and provide a path to the relief we all so desperately need and deserve.

CHARGE ON!

Update — April 27, 2009

CO-SPONSORS NOW TOTAL 85

As the month of April comes to a close, I cannot help but express my frustration over why Congress will not give us the H-2B relief many of us so desperately need. You will be glad to learn that, despite all the negativity lately surrounding the program as demonstrated in last week’s anti-H2B hearing, five more Members of Congress have signed up to serve as Co-Sponsors of the 2009 Save Small Business bill. Read on.

1. Newest Co-Sponsors:

Please reach out to the following Members of Congress and thank them for signing on as Co-Sponsors.

Rep Tim Murphy (PA)
Rep. Ed Perlmutter (CO)
Rep. Glenn Nye (VA)
Rep. Emanuel Cleaver (MO)
Rep. Diana DeGette (CO)

Each of you who spent so much time helping these Members understand the importance of sponsoring the Save Small Business bill deserves kudos.

Here is an update on the current co-sponsorship situation of the Bill:

CO-SPONSORS

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	85	74 to go to reach 2008 level

If your Representative and Senators are not yet Co-Sponsors, especially if they supported the Bill in the past, please work hard at convincing them to sign on. Here is the link for a current list of Co-Sponsors: http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html|

2. SSB Kansas & Missouri Delegation – THANK YOU!

I would like to personally thank the SSB delegation from Kansas & Missouri, led by Bill Gordon of Signature Landscape, for visiting Capitol Hill last week. There is no doubt that their face-to-face meeting with Rep Cleaver last week, convinced him to re-sign once again. These individual grassroots efforts will make or break relief for us all.

3. H-2B “Reform Bill” Status:

We are hearing from our contacts in Washington that the H-2B “Reform Bill” is still on the verge of being filed by the House Immigration Subcommittee, again perhaps this week. We should not expect cap relief in this bill. We understand that the bill’s sponsors want to stick you with higher costs and fees, as well as a more complex process for you to work through.

4. H-2B Hearing by House Oversight & Government Reform Subcommittee on Domestic Policy Summary:

As predicted, Last Thursday’s Congressional Hearing led by Rep. Dennis Kucinich (D-OH) focused on the few cases where foreign agents and US employers did not meet their burdens under the H-2B program. The witnesses did not unveil any new information, but reiterated their belief that Department of Labor and Department of Homeland Security have failed to address complaints by H-2B workers.

Given the fact that newly-appointed Secretary of Labor Hilda Solis has made remarks to the effect that “there’s a new Sherriff in town!,” enforcement can be expected to increase at all levels.

As we have stated continually through SSB’s existence, any abuse against foreign workers is wrong and should absolutely not be tolerated. But the few cases of abuse does not destroy the need or use of the program. There is abuse in every program administered by the US – all we need to do is read the newspapers and see stories of abuse (and corruption) by DHS border agents and government officials in most USG agencies. These problems have not been enough to do away with these agencies. Why then should the few cases of reported abuse in the H-2B program give critics the idea that the H-2B program should be closed down?

5. Will a hearing in support of H-2B be held?

Thanks to everyone who contacted us inquiring about how the panel for last week’s hearing was determined and initiated in the first place. Similar to last year’s hearings, it is entirely up to Congress and the individual committees as to when a hearing takes place and who gets to testify. One can never predict which issues get a hearing and which do not.

The Sponsors of the 2009 Save Small Bill, Senator Mikulski (MD) and Congressman Stupak (MI) are tirelessly fighting for an equal playing field and ultimately passage of our bill. Whether this translates into a hearing about how important the H-2B program is to America’s seasonal and small businesses remains to be seen.

My friends, we are facing a challenging time. Nevertheless, we must stay on our game. Do not hesitate to contact us if you need help in contacting any of your Representatives or Senators. Let’s make this happen by…

CHARGING ON!!

Update — April 22, 2009

H-2B HEARING SET FOR THUR, APRIL 23, 10:00

As I let you know on Monday, the House Oversight and Government Reform’s Domestic Policy Subcommittee indeed has decided to set its sights to discredit the H-2B program. The Subcommittee has scheduled a Hearing for Thursday, April 23 at 10:00 AM in Room 2154 of the Rayburn House Office Building. There will be two panels of witnesses, and it appears that the witnesses will likely compete against one another for airtime in voicing their hatred for the H-2B program.

The panel consists of:

Panel 1

Mr. Aby Karickathara Raju, Former H-2B Guestworker from India for Signal International LLC, Member of the Alliance of Guestworkers for Dignity

Mr. Miguel Angel Jovel Lopez, Former H-2B Guestworker from El Salvador for Cumberland Environmental Resources, Co., Member of the Alliance of Guestworkers for Dignity

Mr. Daniel Castellanos-Contreras, Former H-2B Guestworker from Peru for Decatur Hotels LLC, Organizer and Founding Member of the Alliance of Guestworkers for Dignity

Panel 2

Mr. Saket Soni, Executive Director, New Orleans Workers’ Center for Racial Justice
Ms. Mary Bauer, Director, Immigrant Justice Project, Southern Poverty Law Center
Ms. Catherine Ruckelshaus, Legal Co-Director, National Employment Law Project
Professor Patrick A. McLaughlin, Ph.D, Mercatus Center at George Mason University

Here is a link to the Subcommittee’s website:

http://domesticpolicy.oversight.house.gov/story.asp?ID=2394

1. YOUR ACTION IS NEEDED NOW!

Since all of us care about saving the H-2B Program, each of us needs to step up our grassroots efforts at this moment. Contact your Representatives and tell them how hard it is for you to try to run a business and continue to employ your full-time American staff when you cannot find enough Americans who are ready and willing to fill your empty seasonal temporary positions.
Please review the list of Members of the House Domestic Policy Subcommittee (see below). If you are from the same state, please contact the Representative directly to let him or her know what the H-2B Programs means to you. Tell your Member of Congress and your Senators:
- How you treat your foreign workers the same as you do your American workers.
- How your American workforce and the customers you serve depend on these temporary foreign workers.
- How the H-2B Program has proven to be successful for you and your American workers. It has set out to do what it intended: Save American Jobs by supplementing your temporary and seasonal workforce. You have tried every avenue to hire local American workers, but they are not interested in temporary and seasonal jobs.

Call them and send your letters by fax. Visit www.house.gov for contact information for each House member’s office.

*Domestic Policy Subcommittee Members*	Co-Sponsor 2009	Co-Sponsor 2008
Majority
Dennis J. Kucinich (OH), Chairman- 10th	no	no
Elijah Cummings (MD)- 7th	yes	yes
John Tierney (MA)-6th	no	no
Diane Watson (CA)-33rd	no	no
Jim Cooper (TN)- 5th	no	no
Patrick Kennedy (RI)- 1st	yes	yes
Peter Welch (VT)- At Large	yes	yes
Bill Foster (IL)- 14th	no	freshman

Minority
Jim Jordan (OH), Ranking Member- 4th	no	no
Mark Souder (IN), Vice Ranking Member- 3rd	no	yes
Dan Burton (IN)- 5th	no	no
Michael Turner (OH)- 3rd	no	no
Jeff Fortenberry (NE)- 1st	no	freshman
Aaron Schock (IL)- 18th	yes	freshman

2. YOU CAN WATCH TOMORROW

Tune in live on your computer to witness the Subcommittee hearing starting at 9:55 AM on Thursday. Here is the link to the Subcommittee’s website. On the site, just click onto “view the webcast:”

http://oversight.house.gov

A link to the website will show up approximately 5 minutes before Hearing begins. For troubleshooting call: 202.225.5051.

As I sign off today, I ask that all of us stay focused and determined. Setbacks like this “hatefest” of H-2B are certainly frustrating, but fortunately they are just part of the process. You will hear back from me early next week. In the meantime….

Charge On!

Update — April 20, 2009

Congress: Ready for Action?

It looks like Patriots Day (the holiday in Massachusetts and other states commemorating the start of the Revolutionary War) is looking like the beginning of “Attack H-2B Employers” week on Capitol Hill.

1. H-2B “Reform Bill” Expected to be filed this week:

We understand that the House Immigration Subcommittee could unveil its H-2B “reform” bill this week, and we have been advised to brace ourselves for substantially higher costs and major changes in the H-2B application process. We have also been informed that there is ZERO help to address the current H-2B crisis – all reform, this bill, with no relief.

Action Needed: Nothing at this point until the bill has been filed. Once the legislation has been unveiled, then we will all need to take a look at it in order to understand just what it will mean to the small and seasonal businesses struggling to make up for the absence of Americans who are willing and able to work in temporary seasonal jobs.

2. H-2B Hearing by House Oversight & Government Reform Subcommittee on Domestic Policy:

Yet another Congressional committee has entered the “let’s bash the H-2B program” sweepstakes. This time it is Rep. Dennis Kucinich (D-Ohio) and the Domestic Policy subcommittee, which will hold a hearing on Thursday to explore improving DOL’s enforcement of the rights of guest workers.

The Subcommittee has yet to reveal a list of witnesses, but we have been informed by Capitol Hill specialists that we should expect a major bashing of the program.

Action Needed: Look at the list of Subcommittee members below. If you are from the same state, please contact the Representative directly to let him or her know what the H-2B program means to you, how you treat your foreign workers the same as you do your American workers, and how your American workforce and the customers you serve depend on these temporary foreign workers. Call them and fax them letters.

If you will be around Washington, you may want to go to the Hearing yourself. You can try to speak to the Representatives before the Hearing, and then make sure that they represent your point of view during the proceedings.

Here are details of the Hearing and the Subcommittee members:

Thursday, April, 23 2009
Subcommittee on Domestic Policy
Dennis Kucinich, Chairman
Agenda: “The H-2B Guestworker Program and Improving the Department of Labor’s Enforcement of the Rights of Guestworkers”
Time: 10:00 a.m.
Location: Rayburn 2154

Domestic Policy Subcommittee of the House Oversight and Government Reform Committee

Subcommittee Members

Majority
Dennis J. Kucinich (OH), Chairman
Elijah Cummings (MD)
John Tierney (MA)
Diane Watson (CA)
Jim Cooper (TN)
Patrick Kennedy (RI)
Peter Welch (VT)
Bill Foster (IL)

Minority
Jim Jordan (OH), Ranking Member
Mark Souder (IN), Vice Ranking Member
Dan Burton (IN)
Michael Turner (OH)
Jeff Fortenberry (NE)
Aaron Schock (CA)

3. What are we hearing out there about relief anytime soon?

Our contacts inform us that labor and immigration issues are most definitely moving up in priority. At the end of this article you will find an article from The Wall Street Journal summarizing the current status of where immigration stands with the Obama Administration.

While there is no set timing or hearings at the moment, we have reason to believe that this will become a bigger issue within the next few months. None of this discussion will do anything for us right now since we need relief now. President Obama’s recent trip to Mexico demonstrates his commitment to addressing the complex immigration issue, but will it do anything for America’s seasonal businesses, their American workforce and the communities we serve?

4. What should you be doing regarding H-2B relief?

Continue to go after last year’s co-sponsors and get them to sign up as co-sponsors once again. If you are represented by a newly-elected Representative or Senator, make sure that they sign up as well.

Here is where we stand to date:

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	80	79 to go to reach 2008 level

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html|

5. What about the Newest Bill: H.R.1934?

To date no movement has taken place on Representatives Kratovil and Conaway’s bill to extend the H-2B Worker Exemption through the end of the current Fiscal Year. They submitted this bill right before the break. http://thomas.loc.gov/cgi-bin/thomas

Members, it is early in the week. We will know more learning more as the week goes on. Until then REACH OUT TO THOSE CO-SPONSORS WHO HAVE NOT RE-SIGNED THIS YEAR. Please contact Claire Cassard for a full breakout of your state – do it today by emailing Ccassard@SaveSmallBusiness.org or calling 240.238.4412.

Let’s get it done.

CHARGE ON!

Update — April 8, 2009

Congress: Remember Us?

The Baltimore Sun Certainly Does

One step forward, one step back. We are hearing reports from Capitol Hill that, in spite of the fact that many in the Congressional leadership want to help us with getting immediate relief when they return on April 17, Congress is still so tied up with other issues that they may not be able to address America’s small and seasonal business crisis.

Meanwhile, as exemplified in the Baltimore Sun article featured below, an entire industry and county waiver on the brink of disaster as they face the reality of not having enough temporary and seasonal workers to stay afloat. Maryland and Virginia watermen, and the ancillary businesses they support, are literally on life support. We know from your calls and emails they are not alone as many of you face the same awful consequences.

Why Isn’t Help On The Way?

This is the million dollar question. We understand that there Hill support continues for S.388 and H.R.1136, as well as the new short-term fix submitted by Rep Kratovil, H.R.1934. With so much support, we still cannot understand why Congress refuses to pass such a simple fix to a terrible problem.

Is there Anything We Can Do To Expedite?

Your Representatives and Senators need to continue to hear from you while they are on break. Contact them in their district office and explain how they need to rectify this situation. You can get their contact information at www.house.gov or by calling 202.224.3121.

How many Co-Sponsors do we Have?

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	80	79 to go to reach 2008 level

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html|

What about the Newest Bill: H.R.1934?

Representatives Kratovil and Conaway’s bill to extend the H-2B Worker Exemption through the end of the current Fiscal Year is still under consideration. They submitted this bill right before the break. We will know more when they return and will immediately report to you what we hear.

Until Next Week…

As I sign off today, I ask you to not lose hope, we must stay at it. I wish you and your families a very pleasant Spring & Easter weekend. We will always…

Charge On!

Update — April 3, 2009

CONGRESS LEAVING TOWN WITHOUT SOLVING H-2B CRISIS

New H-2B “Short-Term Fix” Bill Introduced

Congress is going home – again – without solving the H-2B crisis. How can Congress not include helping small and seasonal businesses in its efforts to bail out Wall Street, big banks and failing giant corporations? We are NOT asking for millions of dollars to sustain our businesses. All we are asking for is the right to stay in business.

New H-2B bill introduced

Representatives Kratovil and Conaway introduced yesterday a bill to extend the H-2B Returning Worker Exemption through the end of this Fiscal Year. I have attached a copy of the Bill. Please note that Rep. Stupak and other co-sponsors of the Stupak bill are primary co-sponsors of the Kratovil bill. I will provide you with more information about this new legislative effort as we get it.

Congress: This is an Easy Fix

While AIG and Chrysler will cost the government billions of dollars to remain viable, solving the H-2B crisis will not cost the government one penny. This should be a slam dunk to approve. Either your Reps are with us or they are not. You need to help them understand how they can help you. Small business operators don’t want to lay off any full time American workers as a result of not getting badly needed seasonal help.

Let’s Beef Up the Battle: Your Representatives and Senators need to hear from you while they are on break

We have been down this road before, and we will not give up. Go see them in their offices, take 15 minutes today to make calls, send emails, and communicate how you need their assistance. Mobilize your efforts since Congress is actually listening to our pleas. All Congress needs to do now is turn its listening into action.

More Co-Sponsors have signed onto the Save Small Business bill

One Senator and two Representatives signed onto the Bill this week. US Senator Jim Webb (VA), Rep. Thomas Perriello (VA), and Rep. Betsy Markey (CO) are now co-sponsors of the bill.

	2008	2009	Balance
Senate S.988	50	36	14 to go to reach 2008 level
House H.R.1843	159	80	79 to go to reach 2008 level

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01136:@@@P|/bss/111search.html|

Keep after your Representatives and Senators. Make your appeals direct – ask each whether they are with you or against you. Keep up your work. Never give up. We must prevail.

Charge On!

Update — March 24, 2009

CONGRESSMAN KRATOVIL (MD) ROLLS UP HIS SLEEVES TO FIGHT FOR S.388 & H.R.1136 – WILL YOUR REPRESENTATIVE STEP UP AS WELL?

Last Friday SSB Members Jack Brooks and Bill Sieling held an event to raise awareness for the terrible situation their business and industry face: the blockage of their returning workers and its adverse impact on Maryland’s Eastern Shore. They invited national and regional dignitaries and the media to pick crabmeat from Maryland’s Chesapeake Bay to honor the start of the April 1 crab season. Freshman Congressman Frank Kratovil (MD-1) picked and ate crabs as he listened to the stories from 150 watermen.

"I came down here today to see first hand the impact that the problem with getting these visa workers here is creating in a community like this," said Kratovil. (quoted on WMDT-TV/Cambridge, MD)

"I'm not Superman," Kratovil said Friday, during a more formal gathering which followed at Old Salty's Restaurant, explaining the limited powers of a freshman congressman. But he concluded his remarks by stating, "I guarantee you, I will be fighting to get this resolved as soon as we can." (quoted from the Star Democrat)

After listening to their stories, we are hearing reports that Congressman Kratovil is doing what he can to push through this legislation but cannot be a “superman” without the help from his fellow colleagues. His colleagues need to hear from their constituents otherwise they will not know just how bad the situation has become.

You can see one of the stories from Friday’s event by linking here on You Tube:

How can you make a difference in solving the H-2B crisis?

You can contact your elected officials and explain your situation. Even better, you can hold an event similar to what Jack Brooks and Bill Sieling pulled together. A major thank you goes out to Jack and Bill for a job well done. You can contact our office to brainstorm or get more information: CCassard@SaveSmallBusiness.org.

What is the status of our Co-Sponsors?

We are excited to hear that Reps Van Hollen (MD), Langevin (RI), Miller (NC), and Castle (DE) have re-signed as Co-Sponsors. Please thank them and ask them to fight harder by talking up the bill amongst their colleagues just as Rep Kratovil is doing. The list of former Co-Sponsors is climbing, but not quickly enough to get relief for this year. Currently:

CO-SPONSORS

	2008	2009	Balance
Senate S.988	50	35	15 to go to reach 2008 level
House H.R.1843	159	78	81 to go to reach 2008 level

As I sign off today I cannot implore the importance of how you hold the key to whether or not we get this passed. Clearly if Congress does not hear from you, they will think it does not matter. We know they are very focused on the big picture of the economic re-bound. However we need to let them know it all starts with small businesses staying successful. This will not be a reality without the passage of S.388 & H.R.1136. We will continually…

Charge On!

Update — March 17, 2009

President Obama & Congress:
If you’re really committed to helping small businesses, then please pass S.388 & H.R.1136!

CO-SPONSOR UPDATE:
35 SENATORS & 73 REPRESENTATIVES ARE NOW OFFICIAL CO-SPONSORS OF THE SAVE SMALL BUSINESS BILL

May the luck of the Irish be with you today. However, we all realize we cannot rely on luck to get us the relief we so desperately need. The Obama Administration announced its support of America’s small businesses yesterday:

"We know that small businesses are the engine of growth in the economy," said Christina Romer, chair of the White House Council of Economic Advisers. "We absolutely want to do things to help them.” (quoted in Politico- March 15)

The President wants to help us. Congress repeatedly calls for more support for small business. With so much support for small business, the next logical step is to step up – at long last – and pass the Save Small Business bill.

Keep letting your elected officials in Congress know what you want and need – passage of the Save Small Business bill. More Senators and Representatives are signing up every week. I am pleased to announce our latest Co-Sponsors:

Senator Robert Casey (PA): (This is huge since Senator Casey has not previously been a co-sponsor, and he is a close ally of Labor);
Representatives Eric Massa (NY), “Bobby” Scott (VA), Mazie Hirono (HI), John Kline (MN), Michele Bachman (MN) and Dave Camp (MI). (Rep. Massa is a new Member of Congress whose predecessor was a co-sponsor, the others are repeat co-sponsors).

CO-SPONSORS

	2008	2009	Balance
Senate S.988	50	35	15 to go to reach 2008 level
House H.R.1843	159	73	86 to go to reach 2008 level

Please thank our newest co-sponsors for signing on. Ask them to take their support further by talking to other colleagues and especially House Leadership. Most importantly, target those members who have not yet re-signed as a co-sponsor given they were previously one. Additionally, remember to contact freshman representatives especially if their predecessor was a cosponsor as illustrated by the signing of Rep Massa.

You may have already received an email from me summarizing your states support for our bills. I will continue to do so. This is an integral part of our strategy: passing last year’s cosponsor numbers.

If members do not hear from us than they will believe that the issue is not important enough for your time or even their time. We are aware that there are several groups out there who are urging members of Congress to adversely revamp the H-2B program. We cannot back down.

Please contact Congress immediately. Many of your colleagues from a cross section of industries are running out of time and resources to open up their seasonal businesses. Tell them if Congress is really committed to helping small businesses as stated by President Obama’s staff then they will pass our bills immediately. I have attached a set of Talking Points for you to use as a tool along with a current list of co-sponsors and Washington Contact Information. We must….

Charge On!

Update — March 12, 2009

EITHER YOUR SENATORS AND REPRESENTATIVES CARE ABOUT AMERICAN JOBS AND THE FUTURE OF YOUR SMALL BUSINESS, OR THEY DO NOT. THOSE WHO CARE ABOUT AMERICAN JOBS HAVE DECIDED TO COSPONSOR AND PUSH FOR PASSAGE S.388 & H.R.1136, THE SAVE SMALL BUSINESS BILLS

With jobs being lost and businesses shuttering their doors, it is not too much to say that your elected officials are either for you (by cosponsoring AND pushing the Bill to passage), or . . .

THEY HAVE DECIDED THAT THEY ARE AGAINST YOU, OR THAT THEY DO NOT CARE ABOUT YOUR AMERICAN WORKFORCE, YOUR SMALL BUSINESS, OR THE COMMUNITIES YOU SERVE.

This is no time to rest. The Spring season is here, and summer is around the corner. All of you need RELIEF right now. All of us need to continue our grassroots efforts and telling our stories about what will happen if we do not get relief soon.

Keep contacting your elected officials in Washington and in their home districts. We keep hearing from everyone on Capitol Hill that all of you are making a big difference, but still Congress has yet to pass our Bill.

We are truly in a now or never time for many seasonal businesses throughout our beautiful country.

Here are the newest Co-sponsors who should be thanked for signing on:

Senator John Cornyn (TX), Representatives Dan Boren (OK) and Michael Doyle (PA)

A. What are the next steps?

Continue to convert the 2008 Co-Sponsors into becoming 2009 Co-Sponsors. We are heading in the right direction but we need to move more aggressively:

CO-SPONSORS

	2008	2009	Balance
Senate S.988	50	34	16 to go to reach 2008 level
House H.R.1843	159	67	92 to go to reach 2008 level

B. What should I tell them?

Tell them that this is the missing part of the Stimulus Package. The Save Our Small and Seasonal Businesses Act of 2009 (S.388/HR 1136) restores the H-2B Returning Worker Exemption. It costs the taxpayers no money, PROTECTS the security of our homeland, ensures that your US workers can stay in their jobs, and keeps you in business.
Explain that you always hire US workers first. You follow the law by advertising the jobs prior to hiring, but US workers are not looking for temporary, seasonal work. You refuse to hire illegal workers and abide the law by doing so.
You do not want to lay off your full time US workers. Nor do you want to lose your business.

C. How can I contact them?

At the end of this message after the list of the most current Co-Sponsors is contact information.
Remember your elected officials usually return home on weekends. Seek them out in their home offices or at community events.

D. How do I know if they are a Co-Sponsor?

You can email Claire Cassard ccassard@SaveSmallBusiness.org or call 240.238.4412.
You can simply ask the Immigration Legislative Aid in their home or Washington offices.

I will keep you informed of new developments and strategies as they unfold. In the meantime, do not let them off the hook. Too much is on the line. We are running out of time to help many of the industries who need our help -- sooner than later.

Charge On!

Update — February 26, 2009

OVER 150 SSB MEMBERS SPENT FEBRUARY 25TH DELIVERING THEIR UNIFIED MESSAGE TO CONGRESS:

“SAVE AMERICAN JOBS BY RESTORING H-2B NOW!”

I would like to thank all of you who attended yesterday’s National Day of Action on Capitol Hill. We were well represented by over 20 states and a cross section of industries: hospitality, seafood, landscaping, pool, masonry and more.

Your hard work has paid off by the announcement of the following Co-Sponsors:

Newest Senate Co-Sponsor:

Sen. Charles Schumer (NY)

House of Representatives of HR 1136 : We now have a total 54 Co-Sponsors (including chief Sponsor Rep. Stupak).

Newest House Co-Sponsors:

Rep. Elijah Cummings (MD-7)
Rep. Joe Gerlach (PA-7)
Rep. Pete Hoekstra (MI-2)
Rep. Eddie Bernice Johnson (TX-30)
Rep. Donald Manzullo (IL-16)
Rep. John Murtha (PA-12)
Rep. Jared Polis (CO-2)

A complete list of Co-Sponsors is included at the end of this message. Please note that although we have heard that several sponsors will likely sign on, we cannot include them until their names have been reported to the Clerk of the Senate or House.

TO DO:

Please call, e-mail and/or send faxes to the Members of Congress, Senators and staff members you met with yesterday to thank them for meeting with you and for their support.
Get moving on your Representatives and Senators to urge them to become a Co-Sponsor. We are hoping for a 100% sign-on of all those Representatives and Senators who were Co-Sponsors of last year’s Save Small Business bills (S.988 and H.R.1843), and for the Freshman Senators and Representatives who replaced a Co-Sponsor following the November 2008 election.
1. The general number for Members of Congress and Senators is 202-225-3121.
2. You can find the fax numbers for your elected officials (and the addresses of their local offices in your State where you can visit with them each weekend) at www.House.gov or www.Senate.gov. Each elected official has a website that can be accessed through these larger sites.
Attached you will find Talking Points you can use. You know the expression “The Squeaky Wheel Gets the Grease?” Keep squeaking! We need to keep at it NOW while the fire is HOT.

We cannot fail. Do not accept “no” for an answer. Congress cannot fail us. With too many American fulltime jobs and the livelihood of your businesses at stake, we must . . .

CHARGE ON!

Update #2 — February 19, 2009

BRING A PICTURE OF YOU & YOUR AMERICAN WORKERS TO FLY-IN ON FEBRUARY 25th!

I apologize for the late notice but I have just been informed by our contacts on Capitol Hill about the importance of bringing 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 February 25th, 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.

I have attached two photos courtesy of SSB Board Member, Jack Brooks, of JM Clayton Seafood from the last Fly-In. It was compelling to look at the expressions on the members and staffers faces when Jack brought this along. Thank you Jack.

Once again I thank you for your time and efforts and apologize for not communicating this sooner.

CHARGE ON!

Hank Lavery

Update — February 19, 2009

If you cannot attend the Fly-In, here is the plan for February 25th’s H-2B “NATIONAL DAY OF ACTION”

Contact your Senators & Representatives by phone and fax to tell them you need H-2B Relief passed NOW

Thanks to everyone who is planning to attend the Fly-In this Wednesday, February 25th. Many of you have contacted us wondering why we have added our National Day of Action in conjunction with the Fly-In. We did it because we know many of you are facing such economic disaster you cannot make it to Washington and you still want to be involved.

For those who cannot make it you need to be on the phone and fax together with your American workers each of you making separate phone calls to your elected officials in DC and their offices in your town and state. Simply put your American workers are making their case for keeping their jobs.

What do you tell your elected officials?

Tell them that this is the missing part of the Stimulus Package. The Save Our Small and Seasonal Businesses Act of 2009 (S.388) restores the H-2B Returning Worker Exemption. It costs the taxpayers no money and keeps you in business.

Explain that you always try to hire US workers first. You follow the law by advertising the jobs prior to hiring, but US workers are not looking for temporary, seasonal work. You refuse to hire illegal workers and abide the law by doing so.

You do not want to lose your business and layoff your full time US workers if you cannot get the support help you need to run your business.

At the end of this message you will find the current list of Co-Sponsors and a list of Contact Information for Washington DC.

Who else can support this effort on February 25th & beyond?

Call all of the Membership, Trade Association, Professional, Fraternal and Community organizations that you and your business belong to. Get them involved by having them contact national, state, regional and local organizations on your behalf. Here is an abridged list (there are many more):

Chambers of Commerce
Rotary, Kiwanis, Elks and other Fraternal/Charitable organizations
National Trade Associations (plus their state and local affiliates), including:
- National Restaurant Association
- National Fisheries Institute
- American Hotel Lodging Association
- Professional Landcare Network
- National Ski Areas Association
- Essential Worker Immigration Coalition
- International Franchise Association
- American Horse Council
- American Nursery & Landscape Association
- Association of Pool & Spa Professionals
Professional Associations

Is it too late to attend the Fly-In?

Absolutely not. For those of you who have not yet RSVP’d, please be sure to send an e-mail to Claire Cassard at CCassard@SaveSmallBusiness.org. Agenda:

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, your fellow H-2B small and seasonal employer activists, and have the opportunity to get your questions answered.

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.

12:00-1:00 PM: Save Small Business leaders will be in the Longworth House Office Building (LHOB) and Dirksen Senate Office Cafeterias to answer any questions, swap success stories, etc. over lunch. Not mandatory – just a reference point to regroup. After lunch then returns to appointments.

I sign off today ready to fight for the help we need and deserve. Keep up the good work and together we will CHARGE On!

Hank Lavery

Update — February 18, 2009

Calling On Small and Seasonal Businesses Across this Country to Participate in the February 25th’s H-2B “NATIONAL DAY OF ACTION”

Contact your Business and Membership associations, Fraternal organizations and Community groups. These organizations work for YOU – you need to get them to join our efforts to get H-2B Relief passed NOW

The Save Small Business Fly-In/H-2B National Day of Action on Capitol Hill is JUST ONE WEEK AWAY. I appreciate all of you who have already let us know that you will be coming to Washington to meet with your Members of Congress and Senators. The response thus far has been terrific. For those of you who have not yet let us know that you are coming, please be sure to send an e-mail to Claire Cassard at CCassard@SaveSmallBusiness.org.

As you know, we are trying to do everything we can to help educate Congress on the urgent need for H-2B relief! To help us achieve this objective, I am asking you to start contacting the Associations and other membership organizations that you are affiliated with to join our efforts and help get this across the finish line.

REMEMBER: Your voice alone is vital. However, the voice of your Associations joining our combined effort makes your vital voice even stronger.

February 25th SSB Fly-In and ”National Day of Action:”

Remember one essential fact: Your associations were created (just like Save Small Business) BY YOU, FOR YOU, in order TO SERVE YOU.

YOUR ASSOCIATIONS WORK FOR YOU, only you. Make sure every organization you belong to is put to work on February 25th. For our big day next week, ask them to support you by contacting their Senators and Representatives in the H-2B Fly-In and National Day of Action.

They need to be engaged at the National, State, Regional and Local levels. Their Washington representatives need to join us on Capitol Hill for the Fly-In. State and local chapters around the country need to be calling, faxing and doing everything else they can make sure that Congressional offices understand the critical urgency of passing the 2009 Save Small Business bill.

Who should you contact?

Get on the phone to the Membership, Trade Association, Professional, Fraternal and Community organizations that you and your business belong to. You need them to get their national, state, regional and local organizations engaged in our effort.

Most of you belong to more than one of these organizations that were created to serve your needs and interests. These organizations include (this is NOT an exhaustive list – there are thousands more organizations that all of you belong to):

Chambers of Commerce
Rotary, Kiwanis, Elks and other Fraternal/Charitable organizations
National Trade Associations (plus their state and local affiliates), including:
- National Restaurant Association
- National Fisheries Institute
- American Hotel Lodging Association
- Professional Landcare Network
- National Ski Areas Association
- Essential Worker Immigration Coalition
- International Franchise Association
- American Horse Council
- American Nursery & Landscape Association
- Association of Pool & Spa Professionals
Professional Associations

What should you tell these Organizations?

Simply tell them that YOU ARE A MEMBER of their organization and THAT YOU NEED THEIR ASSISTANCE. Tell them your story about why the H-2B issue is critical to your American workforce and to the very survival of your business.

You have worked hard to keep your small business afloat. You do not want to lay off your full time US workers or even worse close your business. You have tried everything you can to hire locally, but there is not a calling for seasonal and temporary workers. Most US workers are searching for full time, year-round employment. If they are ready for temporary seasonal employment, you gladly hire American Workers.

Explain to them that you need them to become engaged in the national grassroots campaign to pass the Save Our Small and Seasonal Businesses Act of 2009 (S.388) to restore the H-2B Returning Worker Exemption.

Most of all, GET THEIR COMMITMENT TO JOIN YOU IN THIS FIGHT!

I have provided at the end of this message the list of Co-Sponsors in the Senate. We are hearing that a House version of the Bill is soon forthcoming. We will keep you updated.

Thank you once again for all that you are doing to help ensure that your American workers continue to be employed. It is not only your American workers we are trying help, but it is also their spouses and innocent children who depend on the pay checks you provide for the roofs over their head and the food on their plates.

CHARGE ON!

Hank Lavery

Update — February 17, 2009

8 DAYS FROM TODAY!

SSB MEMBERS TO MEET IN THE DIRKSEN SENATE BUILDING ROOM 124 FOR FLY-IN --BE THERE!!

I write to you today once again asking you to fight for passage of The Save Our Small and Seasonal Businesses Act of 2009 (S.388). We still have a formidable opportunity to get relief this year, but we’ve got to make our moves now. We are hearing from many in Congress that February is a much better time to reevaluate the H-2B Program especially now with the Economic Stimulus Package ready to be passed . We laid much of the groundwork last year. Now it is time to move it along.

In fact, I am extremely proud of our efforts and the strides we have made over the years. While we have spent much of our time educating Congress about the H-2B Program, our awareness is so much higher now. In the past when we met with Congress, we had to educate them about the Program. We feel many more offices understand our plight and the realization that the US needs an answer to seasonal and temporary workers.

With that said, thanks to all of you who have already informed us about your participation in next week’s Fly-In and for arranging appointments with Congress. Here is a recap of the details to date:

A. February 25th Fly-In:

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.

B. Passage of The Save Our Small and Seasonal Businesses Act of 2009 (S.388) is our objective. We have provided information at the end of this Update about how to set up appointments with your Senators and Representatives. Please remember the following pointers when making your appointment requests:

1. Most offices want you to fax your request to the office.

2. Never expect a firm appointment with the Senator or Representative even this far in advance of February 25. DON’T WORRY – you will need to send reminders as we get closer to the day, and these reminders will get you closer to an actual appointment.

3. Remember to ask for a photograph WITH the Representative or Senator. You want to be sure to publish the photo in your association or chamber’s newsletter, which is read by all the influential leaders of your community, town, county, state, etc.

4. By requesting an appointment now, it will be less of a surprise when you show up at offices on February 25. You are also establishing a relationship with the office, which over time should help your Senator or Representative understand fully the need to solve the H-2B crisis.

C. Please let us know whether you will be coming to Washington:

If you plan to come to the Fly-In, please send an RSVP to Claire Cassard (ccassard@SaveSmallBusiness.org) with the following details:

Name:
Company:
State:
Email address:
Cell Number to reach you during the Fly-In:
Business Phone:
Appointment Schedule (Who/When):

D. House version of the 2009 Save Small Business Bill:

There is still no House version of the Bill, although we continue to be assured by key House members that a Bill is forthcoming. As soon as we know more we will share it with you. In the meantime, let your US Representatives know how much this issue means to you and your American workers.

E. We Need More Co-Sponsors for S.388:

Is your Senator currently a Co-Sponsor of our Bill? If so take the time to thank them and ask them to go after their colleagues to get them to become Co-Sponsors.

If not, then you need to explain to your Senator why it is so important to become a Co-Sponsor. Tell your story with passion and motivation about your efforts to keep your full-time US workers employed. No Senator (or Representative) who truly cares about American Workers will want to turn his back on your US employees who DESPERATELY NEED H-2B RELIEF RIGHT NOW.

Once again I must tell you that the stakes are simply too high not to prevail. Together we can get relief before it is too late for this year. Nobody said it would be easy, but the outcome is certainly worth the fight!!

CHARGE ON!!!

Hank Lavery

Update — February 12, 2009

FLY-IN IS ONLY 13 DAYS FROM TODAY!

TIME TO START MAKING YOUR TRAVEL ARRANGEMENTS & APPOINTMENTS

Now that Senators Mikulski (MD) and Specter (PA) have introduced the 2009 Save Small Business Bill, it is time to let the Senate and House understand how important passing the Bill is to your American workforce, your community and your business. To help this process we have announced a Washington Fly-In for Wednesday, February 25.

More Senate co-sponsors have signed on to the Bill since last week’s introduction. We welcome and thank South Dakota’s team of Senators Tim Johnson and John Thune; Ohio’s Senator George Voinovich; Hawaii’s Daniel Inouye; and Louisiana’s Mary Landrieu. This brings the total to 25 SENATORS – fully one-fourth of the entire Senate. You can find the current co-sponsor list at the end of this message.

A. February 25th Fly-In:

Join Us! This is the real deal. We need as many of you who care about American Workers as possible to come to Washington. We will convene in one of the US Senate office buildings at 8:00 AM on the 25th. The meeting room where we will gather will be announced prior to your arrival. Passage of The Save Our Small and Seasonal Businesses Act of 2009 (S.388) is our objective. We have provided information at the end of this Update about how to set up appointments with your Senators and Representatives. Please remember the following pointers when making your appointment requests:

1. Most offices want you to fax your request to the office.

2. Never expect a firm appointment with the Senator or Representative this far in advance of February 25. DON’T WORRY – you will need to send reminders as we get closer to the day, and these reminders will get you closer to an actual appointment.

B. Please let us know whether you will be coming to Washington:

If you plan to come to the Fly-In, please send an RSVP to Claire Cassard (ccassard@SaveSmallBusiness.org) with the following details:

Name:
Company:
State:
Email address:
Cell Number to reach you during the Fly-In:
Business Phone:
Appointment Schedule (Who/When):

C. House version of the 2009 Save Small Business Bill:

D. We Need More Co-Sponsors for S.388:

Is your Senator currently a Co-Sponsor of our Bill? If so take the time to thank them and ask them to go after their colleagues to get them to become Co-Sponsors.

Thank you for rallying to help us help you to save American jobs, and the livelihood and future of your American workers and the families who depend on them.

Together, we must prevail.

CHARGE ON!

Hank Lavery

Update — February 10, 2009

Senators Mikulski and Spector (with 18 other Senators) introduce S.388: THE SAVE OUR SMALL AND SEASONAL BUSINESS ACT OF 2009

Save Small Business FLY-IN Scheduled for Wednesday, February 25th

I have good news to report this Tuesday from Washington! Senator Mikulski (MD) has introduced S.388, the Save Our Small and Seasonal Businesses Act of 2009. Senator Arlen Specter (PA) is primary Co-Sponsor of the Bill, and 18 additional Senators are original Co-Sponsors. Right now it is time to start planning your trip to DC for a Fly-In scheduled for Wed., February 25th. We will meet at 8:00 (Room TBA) and spend the day visiting Congressional offices.

A. What does this mean? Now that we have a bill submitted, S.988, it allows us to focus our attention on getting other Senators to become Co-Sponsors. If you have any hope of getting your workers for the upcoming, season it is NOW OR NEVER. No doubt we have our work cut out for us: START MAKING YOUR TRAVEL ARRANGEMENTS AND APPOINTMENTS W/ YOUR SENATORS AND REPRESENTATIVES TODAY.

B. We are hearing that Representative Stupak (MI) is planning to submit a bill early this week. Yes the focus in DC is on the Economic Stimulus Package, but we are hearing that many of our supporters are rallying on our behalf and DO NOT WANT TO LOSE ANY MORE US FULL TIME JOBS.

C. How do you set up appointments? Simply call your Senators and Representatives offices. Here is a list of Washington Contact Information.

WASHINGTON CONTACT INFORMATION:

U.S. Capitol Switchboard 202.224.3121

Websites:

Congressional Information www.congress.org

House of Representatives www.house.gov

U.S. Senate www.senate.gov

Visitor Information http://www.thecapitol.net/MapsAndDirections/capitolhillmap.htm

PDF files of phone lists attached as well:
Senators Phone List
Representatives Phone List

D. I will get back to you soon with Talking Points and confirmation of the Room. Please spread the word – WE NEED A CROSS SECTION OF INDUSTRIES FROM AS MANY STATES AS POSSIBLE. There is nothing like a face-to-face meeting with the officials whom you elected to tell your story. 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.

I sign off today reenergized and RE-CHARGED. We have all been hearing the dismal state of the economy and how Congress is aggressively working on an Economic Stimulus Package to be passed hopefully this week. Do not get discouraged by the naysayers. I am not. You should not. In fact, the two articles below summarize the reality of our situation rather effectively. Let’s get to it!

CHARGE ON!

Hank Lavery

Update — February 5, 2009

RUMORS CONTINUE THAT CONGRESS MAY SOON INTRODUCE H-2B RELIEF LEGISLATION!

Thank you for keeping the phones buzzing in House and Senate offices as you urge your elected officials to solve the H-2B crisis.

We continue to receive word from various offices that our Senate and House friends are working on potential solutions to the current crisis. Keep up your calls and visits to your Elected Officials in Washington, DC.

As I wrote last week, solving the H-2B crisis:

Costs the US taxpayer NOT ONE CENT IN TAXES.
SAVES US JOBS at:
- Your business;
- And at American companies that supply you (like Ford, Caterpillar and other US firms that are facing economic disaster and massive job losses);
Brings in added tax revenue to the US Treasury as a result of your business surviving the current economic mess.

****************

Here are some interesting factoids about the H-2B program from FY 2008:

In FY 2008, the top positions (by number of Labor Certification applications filed, not by number of temporary workers requested) included the following thirty occupations:

POSITION FILED	# PETITIONS
Landscape related:
Landscape Laborer:	3454
Groundskeeper	80
Snow Shoveller	34
Construction and Manufacturing related:
Construction Worker	1755
Laborer	145
Welder	120
Material Handler	107
Production Helper	94
Painter	78
Roofer	62
Bricklayer Helper	53
Hotel, Restaurant related:
Cleaners, Housekeeping:	764
Cook	374
Waiter/Waitress	310
Housekeeper	255
Kitchen Helper	243
Dining Room Attendant	213
Food Service Worker (kitchen)	159
Hotel Clerk	118
Fast Food Worker	80
Horse Racing/Animals:
Stable Attendant	388
Animal Caretaker	174
Forestry related:
Forest Worker	122
Tree Planter or Trimmer	71
Sports (including resorts) related:
Sports Instructor	90
Recreational Worker	51
Seafood (processing and catching) related:
Seafood and Shellfish processor	87
Deckhand	49
Retail:
Sales Clerk	353
Counter Attendant	40
Other:
Amusement Park worker	152
Janitor	68

************************

Finally, I have attached the new Form I-129 “H Supplement” that will soon be required for all H-2B petitions going to USCIS. While the old form can still be used, USCIS has informed the world that it will issue a Request for Evidence if the information on this form is not included in new filings.

**************************

Keep educating folks with the hope and expectation that Congress will come to its senses as quickly as possible. Hopefully we will see legislation SOON.

Charge On.

Hank Lavery

Update — February 4, 2009

CONGRESS: GROUND HOG DAY WAS MONDAY, ENOUGH ALREADY!

Just like the famous Bill Murray movie, Ground Hog Day, it’s déjà vu all over again (or was that Yogi Bear?). Another Congress, and yet, as of February 4th, still no action to solve the H-2B crisis. Here is what we know right now:

A. We are hearing rumors that there may be efforts to try to get Congress to do something soon. Believe me: it will not be a moment too soon! We will broadcast the news from the highest mountain and spring into action should action actually take place. In the meantime, you should continue to contact your elected officials to let them know that you expect them to get something – ANYTHING – done now.

B. Secondly I would like to provide you with preliminary information about how the new H-2B regulations may affect your operations.

1. Substantial increase in Cost.

You could see a doubling of Labor Certification Costs.

2. There will be more - NOT LESS – competition for visas.

Now 3 years instead of reducing competition, DOL & USCIS have increased it. The Regulations changes the definition of “One Time Need” to 3 years. We can expect H-1B workers to begin using the H-2B program.

3. Appeals from DOL bad decisions may end.

Under the new Regulations, BALCA (DOL’s badly appeals process) will replace USCIS as site for appeals. BALCA has been called “America’s most fossilized organization.”

4. No SWA involvement anymore.

No counseling, no “safe harbor” for small employers. All or nothing at the end of complicated recruitment. If you do not cross a “T” or dot an “i” you may have to start the DOL process all over again.

5. Employers will become USCIS/DHS officers.

Employers will have to inform DHS if a worker leaves or does not show up within the transfer.

6. Labor Contractors will continue to dominate.

There is no action taken against labor contractors who take the majority of H-2B visas from the small businesses that need them.

Lastly I sign off with two recent articles discussing our dire situation and what reporters from Washington, DC and suburban Michigan have to say. As always….

CHARGE ON!

Update — January 29, 2009

CONGRESS: HEAR US NOW. WE NEED H-2B RELIEF BEFORE MORE FULL TIME US WORKERS LOSE THEIR JOBS!

Charge On in 2009!

Not much to report except that we understand the phones and e-mails are buzzing in House and Senate offices throughout Capitol Hill as elected officials and their staff work to find a solution to the H-2B crisis stalemate.

Keep up your calls and visits to your Elected Officials in Washington, DC. Since many, if not most, will be home this weekend it would be great if you could try to see them in person as well. There is nothing better for your cause than having ticked-off constituents telling their stories directly to their Representatives and Senators.

All you want is to be able to stay in business and to keep your American workforce – can’t Congress understand that solving the H-2B crisis will do more to stimulate your community than the billions of dollars it wants to spend on “shovel-ready” projects?

Solving the H-2B crisis:

Costs the US taxpayer NOT ONE CENT IN TAXES.
SAVES US JOBS at:
- Your business;
- And at American companies that supply you (like Ford, Caterpillar and other US firms that are facing economic disaster and massive job losses);
Brings in added tax revenue to the US Treasury as a result of your business surviving the current economic mess.

Congress has done some dumb things through the years, but in all my years I don’t think that I have ever seen Congress do something as short-sided as failing to act on H-2B relief.

We need to keep educating folks with the hope and expectation that Congress will come to its senses as quickly as possible.

Charge On.

Hank Lavery

Update — January 22, 2009

CONTACT YOUR LEADERS ABOUT HOW MUCH H-2B RELIEF MEANS TO YOU & YOUR FAMILIES!

Washington is still in a transitional phase as President Obama and other newly elected officials settle into their new roles, offices, and set up shop with new staffers. This is a great opportunity for you to follow up and contact them about your dire situation.

Here is what I need you to do:

Keep letting your leaders know how much the H-2B Program means to you and your ability to stay in business. Make it real and explain how you are in serious jeopardy of laying off more full time AMERICAN WORKERS if you cannot get your seasonal workers due to the Cap being met earlier this month. Reiterate that you have followed the law by trying to recruit locally to no avail. You have resorted to this program because you have no other choice unless you want to close your doors.
Congress is now organizing their Committees and as mentioned earlier the Obama Administration is starting to put their staff in place at the highest level of agencies. As soon as we hear more about legislation related to H-2B relief, we will be sending it along.

Meanwhile, keep letting your elected leaders know exactly how you feel and how you are barely coping with the reality of not having enough seasonal workers to do business as usual.

I thank you for your tremendous response to completing the Shut Out Survey and trust that you will ask your industry colleagues to fill them out as well.

Charge On!

Hank Lavery

Update — January 15, 2009

DID YOU GET YOUR WORKERS BEFORE THE CAP WAS REACHED?
WE NEED TO HEAR FROM YOU.

The Save Small Business phone has been ringing along with a constant stream of emails from our members informing us that you did not get in under the Cap. You’re frustrated as to why. I am frustrated as well. We all want to know: Who got their workers? What industries? What region? When were the petitions filed? We all deserve answers in helping to address the situation and communicate our dire situation to our Representatives. We need to build our case.

In that spirit I have put together a short survey for you to complete which will give us an overview of who did not get their workers. This is strictly confidential and will not be shared with anyone outside of the Save Small Business office. The intent is to give us a clearer picture if there are possible geographical or date preferences. Click here to download this survey.

I strongly encourage you to complete the survey in order to understand the situation and possibly use as leverage for building our argument that the current system is flat out broken. I thank you in advance for your participation and involvement.

When should we expect a new Save Small Business Bill?

We are hearing from our contacts in Washington that the earliest we might expect a new bill number would be late January/early February. Right now Washington is focused on Tuesday’s Inauguration, the Cabinet Confirmation Hearings, and immediate passage of an Economic Stimulus Package.

What can we do in the meantime?

Talk to your Representatives to get them excited about helping you NOW. America needs Members of Congress and Senators to move on legislation so that seasonal workers can come into the US in time for the spring and summer seasons.

What is our message?

Simply stated: We do not want to lay off any of our full time American workers because we cannot get our seasonal workers back. If we are forced to lay off our full time American workers, we are only exacerbating an already depressed economy. This will affect our families, our children, our AMERICAN WORKERS. We need relief NOW! I have attached a news release from Senator Mikulski’s office explaining the situation to the feds.

When is the next SSB Fly-In?

We do not have a date at this time. Until we have a bill number, cosponsors, and a vehicle to attach the bill to, having a Fly-In is not the most effective use of all of our time. In the past, our contacts in Washington have advised us that the Fly-Ins are most effective when there is a vehicle to attach the bill to.

However we would not discourage you from visiting your Representatives’ offices if you are in close proximity to the area or attending any Inaugural events. Needless to say getting around town for the next week will be logistically challenging so please use your discretion. Also, remember that your elected officials go home nearly every week – go meet them in their district offices as well.

When we hear that the timing is right for a Fly-In, we will coordinate in full force as we have in the past.

As I sign off today I once again thank you for your involvement and vigor in getting the H-2B relief we need and deserve. Please keep up the fight!

Charge On!

Hank Lavery

Update — January 8, 2009

2009 2nd HALF CAP REACHED:
American Jobs at Seasonal Businesses now endangered unless Congress acts NOW.

Across the country Americans state: Congress put us in this situation – now they need to get us out of it.

An already terrible financial and economic situation has just gotten worse for hundreds of thousands of American workers and their families. USCIS announced today that the FY2009 Second Half Cap was reached as of COB yesterday, January 7.

This means that everyone whose Form I-129 petitions have not been sent, or did not reach USCIS by yesterday, are now out of luck for this year. That’s right – no temporary seasonal H-2B workers will be able to come to your company to make up for the absence of US seasonal workers.

This is devastating news for your year-round permanent AMERICAN workforce.

Unless you can find other Americans who are willing and able to work temporary seasonal jobs, the Americans you employ on a permanent basis may now see their jobs go down the tubes.

Congress put your American workers in this disastrous situation by not passing the Save Small Business bill in 2007 or 2008.

You need to let your elected officials know JUST HOW YOU AND YOUR AMERICAN WORKERS FEEL about this disaster. This is not a happy way to start the New Year.

What should you do?

Contact your elected officials and tell them the cap has been reached and that your American Workforce may not survive the coming months. Listed at the end of this message is the contact information. Call, fax, and do whatever you can to communicate.

Unless Congress passes H-2B relief (i.e. the Returning Worker Exemption) in February/March at the latest, many of your American workers can kiss their jobs goodbye.

Don’t hold back on the emotion you are feeling. After all, it is Congress that put your American workers in this terrible situation. The only elected officials with clean hands are those who were elected for the first time in November 2008.

Get moving. I am really upset.

Charge On!

WASHINGTON CONTACT INFORMATION

U.S. Capitol Switchboard 202.224.3121

Websites:

Congressional Information

House of Representatives

U.S. Senate

LATEST H-2B CAP COUNT

What is the H-2B numerical limit set by Congress?

The H-2B numerical limit set by Congress per fiscal year is 66,000. Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	------	------	------	Cap Reached	7/29/2008
H-2B 2nd Half	33,000²	------	------	------	Cap Reached	1/2/2009
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.

H-3

The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of June 18, 2008, five of these H-3 visas had been approved with a start date in FY 2008.

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

Update — January 6, 2009

NEW YEAR, NEW CONGRESS, NEW BILL: CONGRESS NEEDS TO RESTORE H-2B STARTING TODAY!

Happy New Year.

Congress starts its 2009 session today, and as each of us knows, it has a full plate of issues on the docket. For us, of course, one of the most important items is making up for Congress’ failure to pass the Save Small Business bill. Because Congress failed last year, we have to start the process all over again from scratch. Every pending Bill, including ours, died when Congress went home last year.

So here is where we are:

The FY 2009 H-2B second half cap is now (as of January 2, 2009) over 72% filled (36,319 H-2B beneficiaries either approved or pending out of a target number of 50,000 (USCIS and DOS estimate that 50,000 approved beneficiaries will translate into 33,000 actual new H-2B visas)). This means that employers with spring and summer start dates ARE NOT LIKELY to see their Labor Certifications approved in time in order to petition for H-2B temporary seasonal workers this year.
USCIS and DOL issued final regulations in December that will become operational later this month. These regulations will significantly change how the program is operated (including a change in how program expenses must be paid), grant more enforcement power to DOL, and, by changing the definition of temporary need to 3 years in some instances, open the H-2B program up to high-tech and professional occupations shut out by the H-1B cap. DOL and USCIS appear to have been more interested in big business needs than the needs of American workers and the seasonal businesses that employ them when they came up with their final regulations.
In the coming weeks, US Senators and Members of Congress need to draft and submit a new seasonal temporary worker bill to help American workers and the small and seasonal businesses that employ them.

We are more determined than ever that Congress pass H-2B legislation before more full-time American workers lose their jobs.

Many of you have asked what you can do now to get an H-2B relief bill drafted and signed. My answer is the same as last year: Contact your elected officials and hold them accountable to help you with your shortage of temporary seasonal workers. Explain how you have tried endlessly following the law to hire American workers to no avail. This has never been an easy process, but it is the only way we can achieve success.

Below you will find information about how you can contact your elected officials in Washington. The Senate starts today, and the House begins tomorrow.

I remain excited and optimistic about the prospects for our success in 2009.

Charge On in 2009!

WASHINGTON CONTACT INFORMATION

U.S. Capitol Switchboard 202.224.3121

Websites:

Congressional Information

House of Representatives

U.S. Senate

LATEST H-2B CAP COUNT

What is the H-2B numerical limit set by Congress?

Cap Type	Cap Amount	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target¹	Total	Date of Last Count
H-2B 1st Half	33,000	------	------	------	Cap Reached	7/29/2008
H-2B 2nd Half	33,000²	20,687	15,632	50,000	36,319	1/2/2009
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.

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

Holiday Letter — December 2008

Save American Jobs – Restore H-2B

The Holiday Season is upon us and 2009 is almost here. I want to thank you from the bottom of my heart for all that you have done on behalf of American workers and the seasonal businesses that employ them from coast-to-coast. I hope that you and your family find peace and joy this Season.

2008 has been nothing short of a continuous roller coaster ride. Our country is in the middle of an economic downturn that has challenged all of us in ways not seen in decades. On top of this, Congressional inaction on the Save Small Business bill has hurt your ability to ensure that you have sufficient workers to keep your businesses operational, and to make sure that your American staff can stay employed.

While Congress failed to pass our bill, you and your colleagues did everything you could to convince them of the importance of our mission. Here is a review of what you did over the past year, and the in-roads we believe that we made in 2008:

1. 2008 Major Activities by Save Small Business members and supporters

Sponsors and Co-Sponsors

There were House and Senate versions of the Save Our Small and Seasonal Businesses Act. Senator Mikulski of Maryland sponsored the Senate bill, while Representative Stupak of Michigan took the lead in the House.

A majority of the Senate -- 51 Senators -- and nearly half of the House of Representatives -- 159 Members of Congress -- were so committed to passage of this bill that they became co-sponsors. These numbers are overwhelming, and these elected officials signed on as co-sponsors ONLY because of your dedication. Our focus remains constant: get as many co-sponsors as possible and then move ahead with a vehicle to pass the legislation.

Fly-Ins & Subcommittee Hearings

At key times throughout the Congressional session you came to Washington from every corner of our great country to tell your Senators and Representatives your stories. You did this at great expense to yourselves and your companies, and many of your brought your American workers whose jobs will be on the line should you not be able to access the workers you need.

Here is run-down of some of these Washington events:

Dec’ ’07: Over 700+ members attended aimed at getting our bills passed before the 2007 Winter Session ended.
March ’08: Over 120+ members attended in an effort to get the bills included before adjourning for Spring Recess.
April ’08: Over 200+ members gathered for a formal hearing conducted by The House Immigration Subcommittee. Two of our members testified and positively portrayed the value of the H-2B Program.
September ’08: Over 300+ members convened aimed at getting our bills included before the November General Election.

Positive Items to Note from the Heap of Congress’ Ashes & Failure to Pass the bill

It is hard to believe, but there really are people in Washington who do not seem all that concerned about the American workers who are on your payroll. Your efforts throughout the year helped turn their attitudes around, and actually made some of these doubters into supporters of the bill. Among the attitudinal changes we witnessed include:

Because of our SSB members’ perseverance and dedication, even our harshest Congressional critics have finally acknowledged that temporary seasonal workers are needed.
Again, because of your efforts, Congress now also acknowledges the fact that even if CIR passes, there will still be a need for a separate program for temporary seasonal workers.
Finally, even though organizations like the Southern Poverty Law Center have worked to smear all of your good names by calling the H-2B program nothing short of “legalized slavery,” Congress recognizes that the great majority of seasonal businesses forced to turn to the H-2B program are good, decent operations that treat all workers – American and foreign – with respect and fairness.

2. Update on the Save Small Business organization and our educational outreach

Board of Directors

Save Small Business’ Board of Directors is comprised of dedicated and hard-working individuals. Without their passion and commitment we would be nowhere.

President	Hank Lavery	Millennium Pools
Vice President	Jack Brooks	J.M. Clayton Seafood
Secretary	Mark Hjelle	The Brickman Group
Director	Libby Whitley	Mid-Atlantic Solutions
Director	Daniel Musser	The Grand Hotel

Membership

Our members contributed $139,326 to Save Small Business in 2008, an 18% increase over 2007. Membership dues pay for our modest Save Small Business office, SSB’s grassroots coordinator and strategist, website, educational outreach efforts, supplies and all other operational costs. Operating an effective nationwide grassroots organization does require funds, and we have kept down our costs as much as possible in order to ensure that we can keep operating through this economic downturn.

We will send membership dues renewal notices at the beginning of 2009.

Updates

We send weekly e-mail updates throughout the year (and more frequently as the need arose (in some weeks updates were sent daily)). These are the bread and butter of our communication and have proven to be invaluable in providing you with the information you need on timely basis.

Website

We maintain the SSB website (www.SaveSmallBusiness.org), and keep it updated each week by incorporating pertinent information, news stories, and the most recent SSB updates. We want to continue making the SSB website as relevant for our members as possible. We welcome your comments and input.

Fly-Ins

See above for a description of the several national Washington Fly-Ins we sponsored together with PLANET and other national associations.

Conference Calls

Another key element of our outreach and coordination efforts has been our weekly conference calls with SSB members and associations. We hold a nationwide Conference Call each week for our SSB members:

SSB conference call with grassroots members (every Tuesday at 2:00 PM)

All SSB members are invited to join the call to hear updates, share their insights, and to ask questions to SSB staff and their fellow members.

Newsletter

A six-page newsletter was mailed by the USPS to all 700+ members. This was part of our Post Election Strategy and final year-end rally to convince Congress to include our bills in the Lame Duck Package.

DOL New Regulations

SSB held a forum in July to address the proposed changes to the new DOL regulation. The information from this forum was shared with SSB members and sent directly the US Department of Labor. Now that the regulations have been released we, like most of you, are in the process of carefully evaluating them.

Once again, I sincerely wish each of you Happy Holidays and a safe and prosperous 2009. Each of us has much to be thankful for, even in the darkest of times. I will back to you after the Holidays when I will ask each of you to Charge On yet again.

May you experience Peace and Prosperity.

Hank

Update — December 18, 2008

Save American Jobs – Restore H-2B

Just in case you have not all seen this, I am attaching the new H-2B rule and supporting documents.

Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers

USCIS Update

Questions and Answers

We will be in touch.

Charge On!

Hank Lavery

Update — December 2, 2008

Save American Jobs – Restore H-2B

I hope everyone had a great Thanksgiving. It is important that, even in the face of the nation’s economic mess and the H-2B disaster coming at us, we take time to reflect on the many blessings each of us share.

We continue to hear from Washington sources that (a) the H-2B returning worker issue will not likely be addressed during Lame Duck Session II (due to start December 8); and that, despite this, (b) we need to continue telling our stories to our elected officials because we are being heard loud and clear.

I remain confident that the Leadership in both the House and Senate are eager to consider the bills when the 111th Congress commences in January. I still think that Congress is foolish to not address this incredibly simple issue as quickly as possible, and by so doing REDUCE the number of issues that will face the new Congress and new President staring next month.

1. Why Not Now?

As reported on the nightly news and in every other media outlet, Congress is currently focusing on the economic bailout for the Big 3 Automakers. At this point, leaders will not allow any other bills (or earmarks) to be attached to this vehicle (yes, a legislative “vehicle” for four-wheeled vehicles).

We are not alone in this stalemate. Advocates for other issues have been pushed back as well.

According to Bloomberg News, the Senate is scheduled to conduct a hearing on Dec. 4th and the House will follow on Dec. 5th leading to a possible vote the week of Dec. 8th. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid ordered the new automaker plans be presented by today (December 2).

http://www.bloomberg.com/apps/news?pid=20601087&sid=aB2xNtBXCHQo&refer=home

2. What Should We Do Next?

We have no choice but to push on. It is your Post-Election efforts that are keeping us in the game. We have had setbacks in the past, but we have never given up hope. If we do step back, then we will have no one to blame but ourselves since we know that the few opponents to helping American workers and America’s small businesses are not backing down either.

As I wrote above, House and Senate leaders continue to advise us to keep up our efforts with the incoming Congress (mostly comprised of re-elected Representatives and Senators), and have urged us to speak with them before they return in January for the start of the new Congress. Since everything will begin all over again (all the old bills that were not passed in 2007 and 2008 are sent to the shredder. In 2009 Representatives and Senators have to file new legislation), we need to make sure that we have the same support in January 2009 that we have in December 2008.

For returning Members and Senators, remind them that they have been a supporter of our bill in the past, and that we need their continued support in the new 111th Congress set to convene in January 2009.
For new freshman Members and Senators, you need to convince them that restoring the H-2B Returning Worker Exemption should be at the top of their agenda.

3. What is the status of the Cap?

The USCIS released the latest number for the 2nd Half Cap reaching 10,265 as of 11/21. Since there is a great deal of confusion about what this means, I want to take a quick moment to explain things.

First, the “Beneficiaries Target” of 50,000 means that USCIS will accept Form I-129 H-2B petitions until the total number of “Beneficiaries Approved” and “Beneficiaries Pending” equals 50,000. What this means is that USCIS (and the State Department’s visa office) believe that it will take 50,000 Beneficiaries to equal the approximately 33,000 remaining visas. Presumably, a significant portion of the 50,000 Beneficiaries would be cap-exempt themselves because they are already in the US in H-2B status for a different employer.

So, this means that, as of November 21, 2008, one-fifth of the available H-2B visas for the Second Half Cap had been taken.

Since most experts expect a mad free-for-all when the Chicago DOL office FINALLY sends the Labor Certifications for landscape laborers with a start date of 02/03/2009, it is important that you monitor your mail box diligently. Whether the Second Half H-2B Cap lasts past the end of December (or even the middle of the month) is anyone’s guess.

As it stands right now, it may be highly unlikely, according to experts, that there will be any H-2B visas for seasonal businesses with a starting need date of February 20, 2009 or later. The cut-off date could even be before February 20.

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiaries Target	Total	Date of Last Count
H-2B 1st Half	33,000	------	------	------	Cap Reached	7/29/2008
H-2B 2nd Half	33,000	4,663	5,602	50,000	10,265	11/21/2008
H-2B Annual (FY 09)	66,000	------	------	------	------	------

You can follow the H-2B Cap Count yourselves at:

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

As I sign off today, know that the Save Small Business organization is more than ever committed to getting our Bill passed and SAVING AMERCIAN JOBS. America needs H-2B today more than ever.

Stay united, stay focused, and remain optimistic. We MUST prevail.

Charge On!

Hank Lavery

Update — November 20, 2008

Save American Jobs ? Restore H-2B

Well folks, I have good news and bad news.

1. Where We Are Today:

The good news is this: Everyone?s efforts have resulted in making the H-2B returning worker issue one of the key items discussed at the highest levels of Congress since the November 4th General Election. This positions us well for early consideration when Congress comes back to start the 111th Congress.

Now the bad news: Leadership in both the House and the Senate informed us that they will not address our issue during Lame Duck. We have heard everything from Democrats blaming Republicans, Republicans blaming Democrats, House blaming Senate, and Senate blaming the House.

The reality is that there is too much division in the current Congress, and both sides are looking to the new Congressional session, and the new President, to get back to work. Getting our Bill passed ? something that we were informed several weeks ago could have been a possibility ? became another initiative to be put off until next year. We are not alone ? House Leadership is informing advocates for other issues that there is simply no vehicle to attach their bills to.

2. Where We Need To Go Next:

Friends, we have had setbacks before. And, as we have in the past, we will carry on. We must. There is no alternative to fighting until we reach success. I know we will pull together again and get this done. We have fought long and hard and will not give up. Like in the past, we will succeed.

More than anything, YOUR EFFORTS SINCE THE ELECTION HAVE SUCCEEDED IN PUTTING THIS AT THE TOP OF AGENDAS HEADING INTO THE NEW CONGRESS. If you, and we, had not done this, we would be absolutely nowhere. There is no room whatsoever for naysayers who claim that this is all a big waste of time.

You have made remarkable efforts to get our bill passed. You made countless phone calls, sent numerous faxes and emails, and presented pressing arguments in support of your desperate need to restore H-2B.

3. Stay Strong ? Stay ENGAGED with Your Elected Officials:

It is imperative that we stay strong. And that we STAY UNITED.

For an understanding of what the Restore H-2B bill means for American workers, please download the two .pdf attachments prepared by Save Small Business.

JonesSisters.pdf

FordGM.American.pdf

A picture is worth a thousand words, and these pictures and brief words tell our story well. Share these with your Members of Congress, Senators and anyone else who cares about the plight of American workers.

While we are not planning a Washington Fly-In until the new Congress begins and we get a lay of the land, we need you to continue telling your story when you see your Representatives and Senators at home between now and January.

House and Senate leaders have advised us to keep up our efforts with the incoming Congress (mostly comprised of re-elected Representatives and Senators), and have urged us to speak with them before they return in January for the start of the new Congress. Since everything begins anew (all the old bills that were not passed in 2007 and 2008 are sent to the shredder. In 2009 Representatives and Senators have to file new legislation).

For returning Members and Senators, remind them that they have been a supporter of our bill in the past, and that we need their continued support in the new 111th Congress set to convene in January 2009.
For new freshman Members and Senators, you need to convince them that restoring the H-2B Returning Worker Exemption should be at the top of their agenda.

We will soldier on. We have no choice. We must prevail for the good of our American workers, the communities we serve, and the businesses we built.

Before I leave you, I want to give a word of thanks to Emily Humphrey. Emily will be departing Save Small Business this week to serve our country overseas as a Peace Corps Volunteer in Africa. Emily has done a tremendous job in her several months with us, and her presence will be missed. Emily, may you serve our country with the same zeal, passion and commitment that you shown for American workers and the seasonal businesses that employ them. Good luck, and Bon Voyage.

Charge On, my friends. Charge On.

Hank Lavery

Update — November 12, 2008

Congress to return to Washington in 5 Days

We need everyone to keep pushing to make our Congress passes the H-2B Returning Worker Exemption during its upcoming Lame Duck Session. Across the country, Elected Officials are hearing from their constituents demanding that Congress pass the ?Save Our Small and Seasonal Businesses Act?. You need to keep up your calls and faxes telling Congress that the Returning Worker Exemption must be restored if Congress cares about SAVING AMERICAN JOBS.

Folks, we are hearing reports that your contacts ARE BEGINNING to make a difference. But not YET enough of a difference to get us over the finish line. We need you to do more.

1. Meet your Elected Officials at their Home Office RIGHT NOW

I am making a special request of all of you ? please meet at least ONE MEMBER (Representative or Senator) of your Congressional delegation FACE TO FACE during the next several days.

I need you to get face time, in person, with your Representative or Senator while they are still home. Many of our Save Small Business members have had in-person meetings with their Representatives and Senators, and these have been key in getting momentum built behind our Lame Duck effort. With the excitement of the election behind them, these Elected Officials are actually a little lonely for human attention.

Help them get the attention they need and want by MEETING WITH ELECTED OFFICIAL TODAY, TOMORROW, FRIDAY OR EVEN OVER THE WEEKEND (heck, go find out where they attend church and join them in prayer).

2. Rolling Washington Fly-Ins to Start Up Next Week

Your efforts should not stop once these Elected Officials return to Washington. Several groups already have made their plans to visit Washington during the coming weeks. I encourage all of you to do this. In-person meetings have an impact that other forms of contact can not compare to, and if you can swing another visit to Washington, we welcome you.

3. Talking Points for Your Meetings with Elected Officials

The Save Our Small and Seasonal Businesses Act (H.R.1843/S.988)

Save American Jobs, Restore H-2B

BACKGROUND

Congress has put in peril thousands of American jobs and the future of small and seasonal businesses across America. These Americans are employed at companies that require the services of seasonal workers, in temporary jobs that, after every effort was made to recruit American workers, still have significant openings.

Unfortunately, despite the economic downturn, there still are not enough Americans who want to give up the possibility of a full-time, year-round job for the opportunity to work in a temporary seasonal position. Employers have had no choice but to turn to H-2B workers, using a process that is the most cumbersome of its kind. No US employer would go through the great expense and time commitment involved in the H-2B visa process if there were US workers available to meet seasonal hiring needs.

Congress? failure to renew the exemption has meant that American workers (and the businesses that employ them) face disaster. This will hurt key industries and regions in our State.

TALKING POINTS

Restoring H-2B has overwhelming BI-PARTISAN SUPPORT, with 50 Senate and 159 House Official Co-Sponsors. For the full list of Co-Sponsors, link to the Library of Congress website: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00988:@@@N
US businesses employing hundreds of thousands of Americans have been forced to turn to the H-2B program. The Hospitality, Seafood, Resort, Recreational Facility, Quarry, Landscaping and other industries are key users. Without H-2B temporary workers filling open SEASONAL positions, these year-round American workers will likely be laid off.
Congress has the opportunity to SAVE THESE AMERICAN JOBS by passing the ?Save Our Small and Seasonal Businesses Act? (H.R.1843 and S.988). This Bill does only one thing: it RESTORES the H-2B Returning Worker Exemption through FY2012.
The Save Small Business Bill also prescribes harsh penalties for employers who try to cheat the system. This bipartisan solution is fair, right and effective, and supported by Republicans and Democrats alike.
It is ironic that the very same workers (American and H-2B) and small and seasonal businesses across America WHO FOLLOW THE LAW are the ones suffering the most. These workers and businesses have chosen to stand arm-in-arm with Congress to obey the law. By not acting yet, Congress has turned its back on the very people it should support.
Not only are high-wage American jobs at these companies threatened by Congress? FAILURE TO ACT. High-paying jobs at Ford, GM and Dodge truck assembly plants, and at equipment manufacture and supply companies from coast-to-coast, are also threatened. Small and seasonal businesses have had to cancel or delay orders for vehicles, equipment and supplies. America cannot afford this drain on our economy.

Congress must decide to Save American Jobs by passing this bill during the 2008 Lame Duck session.

************************************************************************

Thank you again for all you are doing to get this across the finish line.

We need this Bill to pass ? YOU hold the key to our success.

Charge On!

Hank Lavery

Update — October 16, 2008

Save American Jobs ? Restore H-2B

19 Days until the November 4th General Election: Still Nothing about Immigration on the Presidential Campaign Trail. We MUST Get Our Bill Passed During the Expected Lame Duck Session that Hopefully Will Start in November

We have watched the Presidential debates, and we did not hear ANYTHING substantive about immigration issues, much less the H-2B program. Unfortunately, the failure of elected officials to act on the H-2B program has jeopardized the future of your American workers and the communities you serve.

Here is a reminder of the current situation as it stands now:

Congress will not return to Washington before November 4, 2008 General Election.
The House and Senate may meet in a Lame Duck session that would begin on or around November 17, 2008.
Congress will not decide on the Lame Duck session until AFTER the November 4 election.
It is up to us to make sure that we are on the agenda if the Lame Duck session takes place.
In the meantime, as Election Day approaches, we need to make sure that we remind EACH and EVERY Elected Official about the impact on American jobs caused by his or her failure to get the Save Small Business bill passed this year.

If you see your US Senator or Representative on the campaign trail, do not forget to let him or her know how crucial it is that Congress pass the Save Small Business bill as soon as it returns to Washington for a lame duck session. Here are some thoughts and ideas you may want to share with your elected officials:

Save American Jobs ? Restore H-2B

Talking Points
October 16, 2008

Congress failed to re-instate the H-2B Returning Worker Extension before going home to campaign ahead of the November 4 General Election;
Small and seasonal businesses hire every American they can find. But there are not enough Americans ? even in this depressed economy ? who would rather work in seasonal jobs than in year-round, full-time jobs;
In the event that more Americans do become interested in these positions, there are four (4) separate Government agencies at work to ensure that Americans ? not foreign workers ? get these jobs. The H-2B process works at all levels to serve Americans, not foreigners. It is only when Americans CANNOT BE FOUND that an employer can even begin discussion of the possibility of bringing in a seasonal temporary worker who, by law, MUST return home at the end of the season;
Without H-2B seasonal workers, the jobs of full-time American workers employed at these small businesses are imperiled because the businesses cannot stay open without seasonal help;
The hurt and pain is not limited to American workers at the businesses themselves. Americans employed at the enterprises that provide equipment, supplies and services to these small businesses are also hurt, and this just adds to the economic woes.
Congress MUST return to Washington as soon as possible after November 4th to pass the Save Our Small and Seasonal Businesses Act before the disaster worsens.

Senators and Representatives (and the President) WORK FOR YOU. Share with them your thoughts on what they need to do to ensure that the H-2B Returning Worker Exemption gets passed as quickly as possible.

Charge On!

Update — October 8, 2008

Don?t Give Up Hope ? Keep After Congress to Pass the Save Small Business Bill ASAP After the November General Election.

We have poured over the bills that Congress passed and the President signed last week, and still we did not see anything about H-2B. As you will read below, Congress seemed to have everyone else in mind ? especially Wall Street ? but it left you, your American workers and the communities you serve out in the cold.

Here is the current situation as we understand it:

Congress will not return to Washington before November 4, 2008 General Election.
The House and Senate may meet in a Lame Duck session that would begin on or around November 17, 2008.
Congress will not decide on the Lame Duck session until AFTER the November 4 election.
It is up to us to make sure that we are on the agenda if the Lame Duck session takes place.
In the meantime, as Election Day approaches, we need to make sure that we remind EACH and EVERY Elected Official about the impact on American jobs caused by his or her failure to get the Save Small Business bill passed this year.

Instead of helping to save American Jobs, last Congress and the President came to the aid of special interests and Wall Street fat-cats.

Despite ignoring each of us, Congress still managed to pass a wide variety of bills last week in addition to the Wall Street bailout bill and the Continuing Resolution. We share with you a few of the more interesting earmarks that Congress and the President included in their last-minute blitz. According to New York?s respected Newsday newspaper, the $800 billion bailout plan included these very ?important? provisions:

?Examples of the 'pork,' or earmarks, in the financial bailout package, according to the Taxpayers for Common Sense.

Exxon Valdez. Plaintiffs in the suit over the 1989 oil spill in Alaska can spread their tax payments on punitive damages over three years, cutting their tax bill by $49 million.
Wool. Cuts tariffs for U.S. makers of fabric that use imported yarn, and is worth $148 million over five years.
American Samoa. Certain companies can reduce taxes on income earned there, at a cost of more than $33 million over two years.
Hollywood. Tax breaks for film and television companies that keep production in the United States will be extended, worth $478 million over 10 years.
Wooden arrows. Tax break benefits makers of children's wood arrows by $2 million over 10 years.
Racetracks. Owners will be able to depreciate facilities over seven years, saving the industry $100 million.
Rum. Producers in Puerto Rico and the Virgin Islands will get a rebate on excise taxes worth $192 million over two years.

If you run into your US Senator or Representative (or seek him or her out on the campaign trail), do not forget to let your elected official know just how you feel about this issue. Here are some thoughts and ideas to share with them:

Save Small Business Talking Points

October 2008

Congress failed to re-instate the H-2B Returning Worker Extension before going home to campaign ahead of the November 4 General Election;
Small and seasonal businesses hire every American they can find. But there are not enough Americans ? even in this depressed economy ? who would rather work in seasonal jobs than in year-round, full-time jobs;
Without H-2B seasonal workers, the jobs of full-time American workers employed at these small businesses are imperiled because the businesses cannot stay open without seasonal help;
The hurt and pain is not limited to American workers at the businesses themselves. Americans employed at the enterprises that provide equipment, supplies and services to these small businesses are also hurt, and this just adds to the economic woes.
Then, when Congress had a chance to help us last week, the House and Senate turned their backs on us and chose to help special interests like wooden arrow manufactures, businessmen in American Samoa and race tracks rather than America?s small and seasonal businesses. Shame on Congress and the President for leaving us out in the cold;
Congress MUST return to Washington as soon as possible after November 4th to pass the Save Our Small and Seasonal Businesses Act before the disaster worsens.

Keep on top of these folks ? remember each and every day that they work for you.

Know that I will be with you each and every day. I will never abandon you.

Charge On!

Update — September 25, 2008

Congress Refuses to Help Save American Jobs in the Final Bill Slated for Passage This Year ? H-2B Returning Worker Exemption Left Out of ?Continuing Resolution?

Congress does include visa program for millionaires, though. State Department announces at same time special new ?work? visa programs for citizens of South Korea and Ireland.

Dear Friends:

1. Congress decides yet again to diss American workers and the small businesses that employ them.

I hate to write this to you, but it looks like Congress has decided that it would rather close up shop and return home for the November 4 General Election than do the right thing for American workers and small businesses that employ them. In an amazing example of how not to run a country, Congressional leaders from both parties agreed to push through a final spending package that includes help for all kinds of special interests.

And no, the list of special interests does not include hard-working Americans like you and me, and the American workers we employ.

As you know, Congress is focused on a Bailout Plan using $700 billion in taxpayer money to rescue a severely broken economy. You would think that Congress would have the common sense to understand that it should do everything it can to ensure that Americans do not lose their jobs. This is extremely frustrating especially at a time when the consequences are so dire, and the Save Small Business Bill would in all effects benefit the economy and American workers.

2. Congress does decide to help millionaires with their visa issues.

While Congress decided to leave out the Save Small Business bill, it has had no problem helping out a few fat-cats by making sure that they have access to the EB-5 (known as the ?million dollar?) visa, a legal way for individuals to enter the US by flashing their cash. Not that these people actually do any work (unlike the American workers we hire who are dependent on our being able to access temporary seasonal workers) ? no, in keeping with the spirit of the Wall Street bail-out, Congress has chosen to help the fat-cats rather than each of you.

3. The Bush Administration decides that South Korean and Irish ?workers? are more important than H-2B

We have learned that the State Department announced two new special programs solely aimed at increasing the number of visas from Ireland and South Korea. See the links below for more information on this:

http://www.irishtimes.com/newspaper/frontpage/2008/0919/1221773888183.html

http://www.state.gov/r/pa/prs/ps/2008/sept/110083.htm

Remember, this is the same Administration that has repeatedly told us that its ?hands are tied? when it comes to finding a way out of the H-2B disaster. Apparently the US Government can show great flexibility in visas for nationals of these two countries, but it REFUSES TO HELP American workers and the small businesses who employ them by ensuring a supply of temporary seasonal workers so these businesses can stay open.

4. There is still discussion of a ?Lame Duck? session following the General Election

Folks, it is looking more and more likely that our best chance will be if Congress decides to hold a Lame Duck Session after the election. Not the news any of us want to hear, but nevertheless the frustrating reality of a bad situation. Unfortunately, we will not really know whether Congress will hold this Lame Duck session until AFTER November 4th.

From now until the Election, we will make use of every opportunity to keep momentum going for Save Small Business bill.

When you see your Senators and Representatives at home campaigning for reelection, make sure to let them know how you feel about their lack of concern for your American workers and your business. Each of us needs to remind them that restoring access to H-2B workers is vital to the Americans who are employed in year-round jobs at our country?s seasonal and small businesses.

As you speak to your elected officials, remember to remind them of these simple points:

You keep trying to find every American you can to fill seasonal positions. The fact of the matter is that there just are not enough Americans who are willing to give up full-time positions to engage in seasonal work.
The only way your business can survive is to use H-2B workers for positions that you can not find Americans to fill. If you are forced to go out of business because of the worker shortage, your full-time American workforce will lose their salaries, their insurance, and most likely their homes.
The answer is simple: Congress must pass the Mikulski ?Save Our Small and Seasonal Businesses? Act before it goes home for the election. This is the only way you can continue to keep your business open in its present form.

5. The bill has not lost support and in fact picked up another cosponsor:

Rep Berry, Marion [AR-1] - 9/22/2008

The House Bill (H.R.1843) now has 159 cosponsors. The Senate Bill (S.988) now has 49 cosponsors. You can the full list by linking the site below:

http://www.thomas.gov/cgi-bin/bdquery/z?d110:SN00988:@@@P

We are down but not out. Please make sure to let your elected officials understand how you truly feel. And tell everyone you know how much the current Democratic and Republican leadership in Congress actually cares about the American workforce employed by our country?s small and seasonal businesses.

I promise to stay focused. And together, we have no choice but to . . .

Charge On.

Hank Lavery

Update — September 22, 2008

In just 4 Days, Congress is scheduled to depart Washington so that Representatives and Senators can spend all their time running for re-election.

Congress is taking a temporary vacation to convince voters to return its members to office. If Congress does not pass the Save Small Business bill in time, will its vacation from Washington result in a permanent vacation for your business and the American workers you employ?

Dear Friends,

Last week?s financial meltdown of the US economy is having an impact on Congress?s schedule as the President and Congress are locked in discussions about a legislative bail-out package. Among the issues that Congress and the President appear to be discussing is the advisability of including a second ?stimulus package? with the Wall Street bail-out.

If a new stimulus package is indeed included with the bail-out, Save Small Business has only one question to ask:

What is more meaningful to the economy ? and what would stimulate the economy ? more than SAVING AMERICAN JOBS?

We need to remind our Representatives that restoring access to H-2B workers is vital to America?s seasonal and small businesses, and especially to the millions of Americans who are employed in year-round jobs.

As your Senators and Representatives mull over the financial bail-out, let them just how vital it is to you, your American workforce, and all those relying on your business staying open that the Mikulski Save Small Business bill is included in whatever package passes Congress.

As you speak to your elected officials, you can remind them of these simple points:

You keep trying to find every American you can to fill seasonal positions. The fact of the matter is that there just are not enough Americans who are willing to give up full-time positions to engage in seasonal work.
The only way your business can survive is to use H-2B workers for positions that you can not find Americans to fill. If you are forced to go out of business because of the worker shortage, your full-time American workforce will lose their salaries, their insurance, and most likely their homes.
The answer is simple: Congress must pass the Mikulski ?Save Our Small and Seasonal Businesses? Act before it goes home for the election. This is the only way you can continue to keep your business open in its present form.

Make your Member of Congress and Senators fight for your small business and the Americans you employ.

Stay strong, stay persistent, and stay on top of your elected officials.

Charge On

Hank Lavery

Update — September 19, 2008

Today is the last day to post a comment on the new USCIS proposed regulations

Folks,

Please take the time today to post a comment about them. It is very important that we send as many comments as we can, so we send the message that we take serious issue with this proposed change. There is great strength in numbers, and even greater strength in great numbers.

I have sent you the link to our post, and below I have included directions as to how to go about posting a comment. Take a look at what I have submitted, and then what others from our team have submitted, and post a comment that you stand behind and is specific to your business.

Here's what you're going to want to do:

1. Go to the website: www.regulations.gov

2. In the search window, type in USCIS-2007-0058

3. The screen that pops up will have a bunch of comments already posted (our post, submitted by Hank Lavery, is on this page, but you have to go through several pages of posts to see it). Take some time and see what others have said, but when you?re ready to submit your own comment, look at the column all the way to the left, and click on 'Proposed Rules'

4. On the screen that comes up, there will be a yellow word bubble under the headline and the line 'send a comment or submission'. Click on it, and fill out the screen that pops up next. You want to fill out everything in case they need to respond to you about something before they post your comment. You can put your comments in the large window at the bottom, or attach a file and just write in the big comments window, "see attached file". I left the agency type and the line below it empty, but I believe the agency would just be USCIS.

Please call if you have any more questions.

The link to our official comment, submitted by Hank Lavery, is

http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648070d40a

This is the statement from Hank, and the official statement from Save Small Business. Please review it, and make a comment (to the proposed rule, not to Hank?s comment) from the perspective of your business and your position.

Thanks for all your efforts as we continue to Charge On,

Hank Lavery

Update — September 18, 2008

8 DAYS Until the 110th Congress adjourns Are they listening to our plea?

SAVE AMERICAN JOBS: RESTORE H-2B

Dear Friends:

1. USCIS FILING DEADLINE: FRIDAY SEPTEMBER 19TH, 2008 Tomorrow is the deadline to submit your response to the USCIS regarding the proposed changes to the H-2B filing process. I strongly encourage you to submit comments as 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.

Attached is a copy of the document prepared by Save Small Business. I must reiterate that this is an educational tool only. You will need to contact the individuals counseling you on H-2B matters with any questions you may have.

To submit go to www.Regulations.gov. The RIN and docket numbers are listed in the document. Keep in mind it takes 2-3 days for comments to be posted (although there is no specific time requirement). Please remember to print a receipt as reference for future follow-up. Troubleshooting number: 877.378.5457.

2. Once again I am thrilled to inform you that we have another cosponsor:

Rep Boren, Dan [OK-2] - 9/17/2008

This gives us 157 in the House and 48 in the Senate. Here is the link:

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00988:@@@P

In summary, I would like to thank you all for completing your follow up surveys from the Fly-In. If you have not had a chance to do so, it is not too late. I look forward to reading more of them. I am so impressed with your relentless efforts to get this over the finish line. Keep it up. We have one more week to get this message across. Pile it on!

CHARGE ON!

Hank Lavery

Update — September 16, 2008

Congress? Countdown Continues: 10 DAYS Remain before Congress closes shop and returns home

SAVE AMERICAN JOBS: RESTORE H-2B

1. Keep Up the Fight for American Jobs

Congress has another week and a half of work before Senators and Representatives head home to convince the voters that they have done such a good job that they deserve to be re-elected. Whether Congress acts to save American jobs by restoring the Save Small Business bill (H.R.1843 and S.988) is up in the air. We have to keep letting Congress know that this must be done ? NOW.

We are hearing rumors that Congress may have begun preliminary planning for a ?lame-duck? session to start within two weeks of the November 4 General Election. If Congress does in fact end up holding such a session, and Congress fails in the coming 10 days to pass our Bill, then our focus will turn to the post-election session.

Of course, how can Congress, in the middle of one of the most dramatic economic meltdowns in history, turn its back on a simple Bill that SAVES AMERICAN JOBS? As we learned last week from the University of Maryland?s landmark study, Congress is placing in peril 2.54 American jobs for every H-2B worker barred from coming to the US as a result of the H-2B cap (figures are related to the Mid-Atlantic seafood processing industry).

Our first priority must continue to be to get this Bill through in the next 10 days. But it is great news for us to know that a Lame Duck session is now under discussion.

2. While the Fight Goes on in Congress, USCIS Wants to Change the H-2B Regs

We have heard from several of you about the proposed changes to the H-2B Regulations announced by USCIS. The deadline for responding to the draft Regs is Friday, September 19.

While we do not provide legal advice (please refer to your legal counsel for legal advice), Save Small Business will provide a formal response to these draft Regs. Please find an outline of several of the issues addressed in the proposed Reg ? you should also, if you not already done so, make sure to review the Regulation yourself. We have attached to this Update a copy of the draft Reg.

Save American Jobs: Restore H-2B.

CHARGE ON!

Hank Lavery

Update — September 11, 2008

300 MEMBERS STRONG: THE MESSAGE ON THE HILL WAS STATED LOUDLY AND CLEARLY?

SAVE AMERICAN JOBS: RESTORE H-2B

We cannot thank you enough for the tremendous fortitude you displayed yesterday as we blanketed Capitol Hill. Many people were asking us as we proudly displayed our buttons: What is H-2B? Guess what? Now they know.

We were represented well by over 30 states and multiple industries: landscaping, hospitality, stone, pools, seafood and more. Your perseverance is paying off. We picked up the following 2 co-sponsors and understand at least 3 more will be announcing their support later today:

Sen Webb, Jim [VA] - 9/8/2008

Rep Saxton, Jim [NJ-3] - 9/10/2008

Here is what we need to do to get this over the finish line:

Get on the phone and send faxes to all the Members of Congress and US Senators you met with yesterday to thank them for meeting with you and for their support if they are a co-sponsor.
Tell them they need to meet with Leadership and get this pushed through before Congress leaves in 15 days!
The general number for Members of Congress and Senators is 202-225-3121. You can find the fax numbers for your elected representatives (and the addresses of their local offices in your State where you can visit with them each weekend) at www.House.gov or www.Senate.gov.
I have attached the following documents:
- A quick post Fly-In survey for you to complete.
- Talking Points
If you did not attend the Fly-In, jump right in and start calling your Members of Congress and Senators. Do this now!
If you did attend the Fly-In, please complete the attached survey and send back to Claire Cassard at ccassard@savesmallbusiness.org. Do this today or tomorrow.

We have got to stay on this while the fire is hot. It is hot and will only get hotter with all of us working together. We simply cannot fail. Congress cannot fail us.

Click here to download the September 10 Fly-In Survey

CHARGE ON!

Hank Lavery

Update — September 9, 2008

The Countdown Continues: 17 DAYS.

SAVE AMERICAN JOBS: RESTORE H-2B

First, we have a correction on the room number for Wednesday?s (tomorrow?s) FLY-IN. The correct room number is:

Room 124 Dirksen Senate Office Building

I will see you at 8:00 AM in the Dirksen Senate Building.

For those of you who will not be able to join us in Washington, we need you to get on the phone and fax machines to your Members of Congress and US Senators.

The general number for Members of Congress and Senators is 202-225-3121.

You can find the fax numbers for your elected representatives (and the addresses of their local offices in your State where you can visit with them each weekend) at www.House.gov or www.Senate.gov.

I have also attached two documents for you ? a photo from yesterday?s ?Save American Jobs: Support H-2B? rally in Bowie, Maryland, and a copy of yesterday?s release by the University of Maryland showing that for every H-2B worker in the seafood processing industry who cannot come to the US a result of the cap, 2.54 American jobs are put in peril.

This is not us stating this fact. The study was released by one of the top Research Institutions in the United States.

Save American Jobs: Restore H-2B. And . . .

CHARGE ON!

Hank Lavery

P.S. ?

Here is the Press Release that was issued following Monday?s H-2B Rally in Maryland. Attached please find a photo from the event as well.

FOR IMMEDIATE RELEASE
Bowie, MD. Monday, September 8, 2008
Maryland Small & Seasonal Business Owners Rally to Save US Jobs
Marylanders unite under the banner of ?Save American Jobs, Support H-2B?

American workers and representatives and from 16 seafood and landscaping companies converged in Bowie at Rip?s Seafood Restaurant Monday to dramatize the urgent need for Congress to pass a renewal of the H-2B Returning Worker Exemption. This exemption is contained in the Save Our Small and Seasonal Businesses Act currently before Congress. The Bill, authored by Senator Barbara Mikulski, has over 150 Democratic and Republican co-sponsors in the House, and over 45 co-sponsors in the Senate. The Senate passed the Bill earlier this year, but House passage was blocked by Democratic leadership.

Theodore Henderson, 57, has worked for the J.M. Clayton Company for 44 years and spoke about his plight if he lost his job due to a lack of H-2B guest workers to pick crabs at the J.M. Clayton Co. in Cambridge, MD. He pleaded for Congress to save his and dozens of other American jobs that will vanish if there are no H-2B seasonal workers to pick crabmeat at the J.M. Clayton Co. next year.

Ricky Fitzhugh, owner of Terrapin Fish Co., spoke about the investment he has made in his company that will be lost if he cannot get guest workers to work in his seasonal fish processing facility.

Thomas Pouley, owner of TNT Crab Co., located in Fishing Creek on Hooper?s Island, spoke about the economic devastation that will ensue if he has no workers next year to pick crabs. The entire community where he lives depends on crabmeat and fish processing for their economic livelihood.

Frank LaDue, of Maryland?s Lasting Impressions Landscaping, said while all the other speakers had spoken about the loss of American Employee?s jobs if there were no H-2B workers next year, he wanted to speak about his job. He said, ?My job is threatened. I will not be able to support my 12-year-old daughter and family if I lose my job. My company will not be able to keep me if it cannot obtain H-2B seasonal workers next year.?

Congress created the H-2B seasonal visa program to enable businesses that, despite their best efforts, were unable to hire a sufficient number of seasonal workers, to petition for individuals to enter the country to perform these jobs and then return home after the season. Congress passed legislation in 2005 that helped these businesses and the American workers employed by them ? unfortunately, this legislation expired last year.

If Congress does not act in the short time left before the November election, then scores of businesses are likely to go under, resulting in the loss of thousands of American jobs. This will have a devastating impact on families and communities throughout the United States.

No industry in America will be hit harder than Maryland?s seafood industry. According to a study released September 8, 2008 by the University of Maryland, ?every H-2B job lost is estimated to lead to the loss of 2.54 domestic jobs.? This means that if it fails to act in the next three weeks, Congress will be responsible for the loss of over 1,000 jobs related just to Maryland?s seafood processing industry.

American workers and representatives of seasonal and small businesses across America plan to converge on Congress on Wednesday, September 10 to plead for their jobs. Jack Brooks of the J.M. Clayton Company said, ?This is the opportunity for Congress to show that it supports American workers. With unemployment in this country rising, how can Congress turn its back on Americans??

?All eyes are now on Maryland?s Steny Hoyer, the Majority Leader of the House of Representatives. Congressional office?s across Capitol Hill have informed us that ?if the House Leadership wants this Bill passed, it will be passed.? Therefore, the fate of our American workers, their families and the companies that employ these workers is firmly in the hands of House Leadership. Mr. Hoyer is the House Leader,? added Jack Brooks.

###

Contact:

Bill Sieling, Executive Director, CBSIA at 44410-508-3249 or cbsia@comcast.net Jack Brooks, President of CBSIA, 410-228-1661

Photo Attached: ?Jack Brooks of the J.M. Clayton Seafood Company, surrounded by employees and representatives of Maryland seasonal and small businesses, addresses the crowd at the September 8 ?Save American Jobs: Support H-2B? Rally in Bowie.? Photo Credit: Bill Sieling, CBSIA.

Update — September 8, 2008

The Countdown Continues: 21 DAYS. Until Congress calls it quits for the year

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

The Conventions are over, and there was no mention made (that I am aware of) regarding the plight of the full-time American workers at seasonal businesses hard-hit by Congressional ineptitude in not passing the Save Small Business bill.

Now it is up to us.

For September 10th, you need to do three things:

Let us know that you are coming ? send an e-mail to CCassard@SaveSmallBusiness.org
Process your GIANT PHOTO of your American workforce (more about this below and prepare it for your trip;
Schedule meetings with your Elected Representatives and Senators. Expect this to be a frustrating experience, and stay at it. Remember, we want your Member to take you and himself or herself to the Democratic and Republican leaders of Congress. That?s right -- GET YOUR ELECTED OFFICIAL TO SCHEDULE A MEETING BETWEEN YOU, YOUR ELECTED OFFICIAL, AND THE DEMOCRATIC OR REPUBLICAN HOUSE LEADERS.

Maryland?s Jack Brooks (of J.M. Clayton Co) had a meeting just this morning with one of our Co-Sponsors, Rep. Cummings of Baltimore, and he brought a giant photo of his workers (with messages from these workers written on the back of the photo) with him to the meeting. Oh my gosh ? this giant photo was pure magic.

Jack called me with the great news of the success of the meeting, and also sent me an e-mail. If any of you have questions, please feel free to contact Jack at jack@jmclayton.com.

Don,

I can't begin to tell you how excited I am right now!!!! A group of Maryland's small seasonal businesses met with Congressman Cummings this morning @ 8am in his Baltimore Maryland office - he could not arrange to meet with us on 9/10 in his Congressional office.

We had a good 30+ minutes with him. He opened the meeting by saying "I have to be perfectly honest with you - I don't know a thing about H-2B and I have a lot of meetings today so let's hurry up with this - my schedule is more than full".

When we got done there some of his quotes were "What do we need to do", "I have to meet with Senator Mikulski as soon as possible", "We cannot let these American Workers loose their jobs - not on our watch", "I have a meeting with the Governor and some others today - I WILL BE DISCUSSING THIS!!"

He asked tons of great questions and he now understands.

When we finally left the front room was full of others waiting for him.

Please tell the group that the pictures of their American workers really nailed it for us - Congressman Cummings, once I passed the poster of the pictures to him, held it, turned it over, asked about one particular person on it, looked at it some more, and didn't want to give it back to me. He said "you make sure to use this picture on your visits"!!!!

He also said very plainly ? ?I see how this issue is about American jobs. You need to make sure that you stress in everything you do that you are working to SAVE AMERICAN JOBS.?

Please share it with our SSB members in your next up-date!!!

Again, I CAN'T TELL YOU HOW GOOD AND POSITIVE I FEEL RIGHT NOW - I AM PUMPED FOR OUR MONDAY'S RALLY AND OUR FLY-IN ON WEDNESDAY!!!!!!!!!!!!!!!!!

Thanks

Jack

Wow, we could not have said this any better ourselves.

Remember ? let us know that you are coming to Washington, get your giant photos taken, and try to make your appointments with your elected officials. And, most of all . . . . .

CHARGE ON!

Hank Lavery

Update — September 4, 2008

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

Update — September 3, 2008

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.

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

Update — August 28, 2008

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:

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.
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.
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

Update — August 27, 2008

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:

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.
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.
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

Update — August 26, 2008

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:

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. 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

Update — August 13, 2008

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:

BATON ROUGE (LA) BUSINESS REPORT

?While using Hispanic labor has become increasingly controversial amid the nation?s growing immigration debate, Badeaux says the company has done it more than 10 years because it hasn?t been able to find enough domestic skilled labor. Even with imported labor, he?s has to turn away more than $1 million in projects.

?There is more work out there than there is people to do it,? he says. ?There could easily be another five to 10 years of work out there.?

VAIL (CO) DAILY

?In moving to raise prices, officials cited the increased costs of running the town?s free bus system ? which draws funding from parking ? because of recruiting problems and gas prices.

The recruiting problems stem from changes to the H-2B visas program, which the town normally uses to bring about 30 bus drivers and five parking attendants from Australia and New Zealand. The town will get no H-2B visas this year.

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

Update — August 12, 2008

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

Update — August 7, 2008

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.

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).
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.
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.
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

Update — August 6, 2008

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

Update — July 30, 2008

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:

Crab/seafood processing,
Summer vacation spots (Cape Cod, New England, Jersey Shore/Long Island/Maryland/Delaware beaches, Rockies, Michigan/Wisconsin, Washington State, etc);
Landscape companies;
Quarries; and
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

Update — July 29, 2008

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:

? after the five qualified pastry workers from Jamaica he has hired for the last five years were denied H-2B visas for this season, he had to scrap lunch and started closing the bakery earlier.

Students on J-1 visas work the cash register ?but they are not trained pastry people,? he said. Advertising on Craigslist and at culinary schools didn?t help. ?Once they find out they have to come to Montauk and it is only seasonal and housing is difficult out here, nobody is interested,? the owner said.

He and his wife and sons ?are scrambling like a bunch of idiots,? he said, and after 14 years, he is thinking about selling the business.

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

? But Graham had to hang out a "No Market" sign at his Graham & Rollins Seafood plant in Hampton telling crabbers he can't buy their catch. Not because there are no crabs, but because he can't find people to turn them into packaged crabmeat. Graham's playing by the rules. Unable to find domestic workers, he tries to work through legal channels to get foreign workers. It's not working for him.

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

Update — July 23, 2008

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:

America?s small and seasonal businesses, the American full-time workers they employ, and the thousands of communities they serve in every corner of America were left stunned by today?s announcement by the US Citizenship and Immigration Services (USCIS) that the H-2B First Half Cap is nearly exhausted.

I am in shock. Every small and seasonal employer who has tried in vain to recruit and hire American workers for temporary seasonal positions is in shock.

It is now virtually guaranteed that America?s ski industry will be mostly shut out this season. Certainly America?s Green industry and other late winter/early spring users will lose their opportunity to access the temporary workers they need. So will America?s national parks and other enterprises vital to the lifeblood of our country.

And America?s favorite summer spots, from Cape Code to Michigan?s Upper Peninsula to Washington?s San Juan?s, can start disaster planning for 2009, because no H-2B workers will be available next summer.

Finally, we can say goodbye to the Crab and Seafood Industry of Maryland, Virginia, Delaware and North Carolina. Enjoy the crabs this year ? next year you are likely to have only imported crab meat and seafood to choose from. Without workers they will have no choice but to close up their businesses.

America?s small and seasonal businesses are facing a crisis the likes of which our country has never seen before. The full-time, year-round jobs of thousands of American workers depend on the availability of a vibrant temporary workforce.

Everything is in Congress? hands right now. Either Congress decides that it supports American workers and the small businesses that employ them and moves to pass the Save Small Business bill right now; or Congress decides that it could care less.

I call on Congress to pass the Save Small Business bill immediately.

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

Update — July 17, 2008

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

Update — July 8, 2008

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

Update — July 7, 2008

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:

Copy and paste your comments into the box for comments; or
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

Update — June 24, 2008

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

Update — June 12, 2008

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

Update — June 3, 2008

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:

Thank your Senators and Representatives for their support of our bill.
Encourage them to keep our bill in the forefront.
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

Update — May 22, 2008

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

Update — May 21, 2008

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

Update — May 20, 2008

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:

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.
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

Update — May 19, 2008

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

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.
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

Update — May 12, 2008

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

Update — May 6, 2008

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:

You try to find every American you can to work for you on a temporary seasonal basis;
There just are not enough Americans who want to work in these jobs ? this is why you turn to the H-2B program;
You go through 4 separate Government agencies just to have the chance to fill these unwanted temporary positions;
You treat your foreign workers the same as you treat your American staff;
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

Update — May 1, 2008

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:

You try to find every American you can to work for you on a temporary seasonal basis;
There just are not enough Americans who want to work in these jobs ? this is why you turn to the H-2B program;
You go through 4 separate Government agencies just to have the chance to fill these unwanted temporary positions;
You treat your foreign workers the same as you treat your American staff;
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

Update — April 30, 2008

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

Update — April 28, 2008

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.

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.
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.
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.
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.
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

Update — April 24, 2008

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.

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.
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.
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.
You have exhausted all resources trying to hire American workers ? it is because you have been unsuccessful that you desperately need temporary H-2B workers.
This program has been a success. Despite the fact that you have had to go through 4 SEPARATE GOVERNMENT AGENCIES to participate in the H-2B program, it still solves the temporary worker shortage.

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

Update — April 23, 2008

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

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.
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

Update — April 21, 2008

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

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.
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.
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

Update — April 17, 2008

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

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.
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.
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

Update — April 15, 2008

JUST ONE DAY UNTIL THE H-2B HEARING

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

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

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

Panel 1: Congressional Witnesses

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

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

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

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

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

Panel 2: Public Witnesses

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

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

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

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

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

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

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

Here are the facts:

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

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

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

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

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

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

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

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

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

Charge On.

Hank Lavery

Update — April 14, 2008

JUST TWO DAYS UNTIL THE H-2B HEARING

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

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

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

I am mad that Congress seems to care more about everyone else except for American workers and their small and seasonal business employers. It has been over six months since the Returning Worker Exemption expired, and it seems to me that some in Congress don?t seem to care that the American workers and their families who work for seasonal businesses unable to access temporary workers now face unemployment and loss of benefits. What are these innocent Americans going to do when their employers shutter their doors?

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

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

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

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

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

Here are the facts:

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

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

3. A Note About ?Testimonials?

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

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

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

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

Charge On.

Hank Lavery

Update — April 10, 2008

PREPARE FOR WEDNESDAY?S H-2B HEARING

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

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

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

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

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

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

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

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

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

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

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

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

Update on the Hearing

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

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

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

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

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

There may be additional witnesses named.

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

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

GOVERNORS SUPPORT H-2B (pdf)

Worker Visas Create Division in GOP - rollcall.com

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

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

Charge On.

Hank Lavery

Update — April 9, 2008

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

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

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

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

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

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

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

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

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

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

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

Charge On.

Hank Lavery

Update — April 3, 2008

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

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

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

Rep Stupak issued the following statement:

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

###

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

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

Gerlach Lobbies For H-2B Visas - The Bulletin

Freshman Democrats Feel Heat on Immigration - cqpolitics.com

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

Limited visas hurt La. business - 2theadvocate.com

Foreign Workers Stay at Home - NPR

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

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

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

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

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

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

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

###

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

PLANET: PROFESSIONAL LANDCARE NETWORK — Legislative Update

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

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

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

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

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

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

CHARGE ON!

Hank Lavery

Update — March 31, 2008

CONGRESS RETURNS BACK TO TOWN TOMORROW

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

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

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

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

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

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

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

Political Economy: Life Takes Visas - cqpolitics.com

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

Defining nonimmigrant work visas - Detroit Free Press

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

CHARGE ON!

Hank Lavery

Update — March 27, 2008

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

MEDIA STORIES FROM PENNSYLVANIA,VIRGINIA & MARYLAND!

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

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

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

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

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

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

Bordering on disaster - www.newsvirginian.com

CHARGE ON!

Hank Lavery

Update — March 19, 2008

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

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

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

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

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

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

1. From the Rocky Mountain News:

Visa cap leaves ski resorts short-staffed

2. From the Cape Cod Times:

Housing key to getting summer help

3. From the Times-Picayune:

SHORT HANDED

4. From KMVT in Southern Idaho:

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

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

Let?s make it happen.

Let?s CHARGE ON NOW!

Hank Lavery

Update — March 17, 2008

CONTACT CONGRESS WHILE THEY?RE AT HOME!

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

Talking Points

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

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

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

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

Charge On.

Hank Lavery

Update — March 13, 2008

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

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

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

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

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

Hank Lavery

President

Update — March 11-12, 2008

Emergency Fly-In/Fone-In

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

Here are the Talking Points:

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

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

BACKGROUND

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

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

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

TALKING POINTS

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

Charge On, Charge On.

Hank Lavery

Update — March 10, 2008

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

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

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

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

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

Here is what you need to do TODAY:

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

DETAILS for the March 12 Fly-In:

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

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

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

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

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

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

When you speak with Members of Congress, in addition to using the Talking Points above, don?t forget to TELL YOUR STORY. Get across the urgency that you feel, and that your year-round full-time American staff feels.

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

Charge On.

Hank Lavery

Update — March 7, 2008

EMERGENCY ALERT ? FLY IN WED., MARCH 12TH

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

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

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

H-2B Emergency Fly-IN

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

Save Small Business Board of Directors

Bills Introduced

Save Small Business

What is the Co-Sponsor status of S.388, H.R.1136, and H.R.1934?

What specifically has Representative Kratovil requested?

How does this affect movement of S.988 & H.R.1136?

How should we pursue our grassroots efforts?

How do I know if my Rep is a Co-Sponsor?

123 HOUSE AND SENATE CO-SPONSORS HAVE SIGNED ON

Is Your Representative on Board?

CO-SPONSORS

CO-SPONSORS NOW TOTAL 85

CO-SPONSORS

H-2B HEARING SET FOR THUR, APRIL 23, 10:00

Congress: Ready for Action?

Congress: Remember Us?

The Baltimore Sun Certainly Does

CONGRESS LEAVING TOWN WITHOUT SOLVING H-2B CRISIS

New H-2B “Short-Term Fix” Bill Introduced

New H-2B bill introduced

Congress: This is an Easy Fix

Let’s Beef Up the Battle: Your Representatives and Senators need to hear from you while they are on break

More Co-Sponsors have signed onto the Save Small Business bill

CONGRESSMAN KRATOVIL (MD) ROLLS UP HIS SLEEVES TO FIGHT FOR S.388 & H.R.1136 – WILL YOUR REPRESENTATIVE STEP UP AS WELL?

President Obama & Congress: If you’re really committed to helping small businesses, then please pass S.388 & H.R.1136!

CO-SPONSOR UPDATE: 35 SENATORS & 73 REPRESENTATIVES ARE NOW OFFICIAL CO-SPONSORS OF THE SAVE SMALL BUSINESS BILL

EITHER YOUR SENATORS AND REPRESENTATIVES CARE ABOUT AMERICAN JOBS AND THE FUTURE OF YOUR SMALL BUSINESS, OR THEY DO NOT. THOSE WHO CARE ABOUT AMERICAN JOBS HAVE DECIDED TO COSPONSOR AND PUSH FOR PASSAGE S.388 & H.R.1136, THE SAVE SMALL BUSINESS BILLS

OVER 150 SSB MEMBERS SPENT FEBRUARY 25TH DELIVERING THEIR UNIFIED MESSAGE TO CONGRESS:

“SAVE AMERICAN JOBS BY RESTORING H-2B NOW!”

TO DO:

BRING A PICTURE OF YOU & YOUR AMERICAN WORKERS TO FLY-IN ON FEBRUARY 25th!

If you cannot attend the Fly-In, here is the plan for February 25th’s H-2B “NATIONAL DAY OF ACTION”

Contact your Senators & Representatives by phone and fax to tell them you need H-2B Relief passed NOW

Is it too late to attend the Fly-In?

Calling On Small and Seasonal Businesses Across this Country to Participate in the February 25th’s H-2B “NATIONAL DAY OF ACTION”

Contact your Business and Membership associations, Fraternal organizations and Community groups. These organizations work for YOU – you need to get them to join our efforts to get H-2B Relief passed NOW

8 DAYS FROM TODAY!

SSB MEMBERS TO MEET IN THE DIRKSEN SENATE BUILDING ROOM 124 FOR FLY-IN --BE THERE!!

FLY-IN IS ONLY 13 DAYS FROM TODAY!

TIME TO START MAKING YOUR TRAVEL ARRANGEMENTS & APPOINTMENTS

Senators Mikulski and Spector (with 18 other Senators) introduce S.388: THE SAVE OUR SMALL AND SEASONAL BUSINESS ACT OF 2009

Save Small Business FLY-IN Scheduled for Wednesday, February 25th

WASHINGTON CONTACT INFORMATION:

RUMORS CONTINUE THAT CONGRESS MAY SOON INTRODUCE H-2B RELIEF LEGISLATION!

CONGRESS: GROUND HOG DAY WAS MONDAY, ENOUGH ALREADY!

CONGRESS: HEAR US NOW. WE NEED H-2B RELIEF BEFORE MORE FULL TIME US WORKERS LOSE THEIR JOBS!

Solving the H-2B crisis:

CONTACT YOUR LEADERS ABOUT HOW MUCH H-2B RELIEF MEANS TO YOU & YOUR FAMILIES!

DID YOU GET YOUR WORKERS BEFORE THE CAP WAS REACHED? WE NEED TO HEAR FROM YOU.

When should we expect a new Save Small Business Bill?

What can we do in the meantime?

What is our message?

When is the next SSB Fly-In?

2009 2nd HALF CAP REACHED: American Jobs at Seasonal Businesses now endangered unless Congress acts NOW.

Across the country Americans state: Congress put us in this situation – now they need to get us out of it.

WASHINGTON CONTACT INFORMATION

LATEST H-2B CAP COUNT

H-3

NEW YEAR, NEW CONGRESS, NEW BILL: CONGRESS NEEDS TO RESTORE H-2B STARTING TODAY!

WASHINGTON CONTACT INFORMATION

LATEST H-2B CAP COUNT

Save American Jobs – Restore H-2B

Save American Jobs – Restore H-2B

Save American Jobs – Restore H-2B

Save American Jobs ? Restore H-2B

Congress to return to Washington in 5 Days

The Save Our Small and Seasonal Businesses Act (H.R.1843/S.988)

Save American Jobs, Restore H-2B

BACKGROUND

TALKING POINTS

Save American Jobs ? Restore H-2B

19 Days until the November 4th General Election: Still Nothing about Immigration on the Presidential Campaign Trail. We MUST Get Our Bill Passed During the Expected Lame Duck Session that Hopefully Will Start in November

Save American Jobs ? Restore H-2B

Talking Points October 16, 2008

Don?t Give Up Hope ? Keep After Congress to Pass the Save Small Business Bill ASAP After the November General Election.

?Examples of the 'pork,' or earmarks, in the financial bailout package, according to the Taxpayers for Common Sense.

Save Small Business Talking Points

October 2008

Congress Refuses to Help Save American Jobs in the Final Bill Slated for Passage This Year ? H-2B Returning Worker Exemption Left Out of ?Continuing Resolution?

In just 4 Days, Congress is scheduled to depart Washington so that Representatives and Senators can spend all their time running for re-election.

Save Small Business
Board of Directors

President Obama & Congress:
If you’re really committed to helping small businesses, then please pass S.388 & H.R.1136!

CO-SPONSOR UPDATE:
35 SENATORS & 73 REPRESENTATIVES ARE NOW OFFICIAL CO-SPONSORS OF THE SAVE SMALL BUSINESS BILL

DID YOU GET YOUR WORKERS BEFORE THE CAP WAS REACHED?
WE NEED TO HEAR FROM YOU.

2009 2nd HALF CAP REACHED:
American Jobs at Seasonal Businesses now endangered unless Congress acts NOW.

Talking Points
October 16, 2008

FOR IMMEDIATE RELEASE
Bowie, MD. Monday, September 8, 2008
Maryland Small & Seasonal Business Owners Rally to Save US Jobs
Marylanders unite under the banner of ?Save American Jobs, Support H-2B?