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Save Small Business Act/H-2B Update

A Letter from Hank Lavery, President of Save Small Business

Many of you have questions regarding the status of the Save Small Business Act following Senator Mikulski's successful effort to include a one-year extension of the Returning Worker Exemption in the Senate's version of the Commerce, Justice and Science (CJA) Appropriations Bill. Let me explain where we are in this process and provide some guidance about where we need to go from here.
 
1. The Save Our Small and Seasonal Businesses Act of 2007: The House bill has 97 co-sponsors; the Senate bill 34.

However, our success has attracted the opposition of anti-immigrant groups and national labor unions. Anti-immigrant groups don’t care that H-2B employers and our foreign workers follow the law and that we recruit every available American for seasonal work before turning to H-2B workers. Anti-immigration efforts have less to do with the H-2B visa program than with the goal of punishing illegal immigrants.

National labor unions see the Save Small Business bill as an opportunity to increase wages and worker protections for U.S. workers. On September 26, just a few days before the Returning Worker Exemption expired, a bill (S.2094) was filed by Senator Bernie Sanders (I-VT) that would put significant restrictions on H-2B employers. Labor unions have pushed to have a similar bill filed in the House. Labor union’s efforts have less to do with H-2B workers than they do with advancing the overall goals of the labor movement.

These groups’ presence in the H-2B debate, combined with the gridlock between Congress and the president, have greatly slowed efforts to pass our bill. All of us need to keep in close contact with the representatives and senators who are co-sponsoring the bill, and to continue to pressure those who have not yet signed on.

To recap, this is not an immigration issue–it is a small business crisis. And it is not a labor union issue–we recruit every American worker we can find. We pay at least the DOL prevailing wage (our H-2B workers receive what American workers would receive), and we treat our workers with respect.

2. The one-year emergency extension: In the continuing confusion surrounding anything to do with foreign workers, virtually nothing has been getting through Congress. Senator Barbara Mikulski (D-MD), recognizing this, was able to convince her colleagues to accept a one-year extension to the Returning Worker Exemption while Congress sorts out the larger bill. She understands that small and seasonal businesses, in order to stay afloat, need at least a stopgap measure passed quickly.

The one-year extension will now move to a House-Senate Conference Committee, with Senator Mikulski serving as a co-chair of this committee. Once issues have been ironed out, the revised bill (hopefully still containing the one-year extension) will be voted on again by the House and the Senate and then go to the president, who will decide whether to sign or veto the measure. With Congress and the president at odds over funding levels for various programs, the path to the president's desk could be bumpy.

3. What to do now: Our work is to keep doing what we have been doing. Our focus must be to keep pushing our individual senators and House representatives to pass the 2007 Save Small Business Bill.

1. Call your representative and your two U.S. senators–now.

Call the Washington, DC, offices or the district/state offices of your representative and U.S. senators. You want to speak with the following individuals:
Chief of staff and legislative director (in the Washington offices) and state or district director (in the state or district offices). It doesn’t matter if these individuals are already co-sponsoring the bill–it has not passed, and Congress needs to act. Have key employees, colleagues, and clients repeat your calls.

Talking Points

1. You cannot find enough workers for your company, despite trying to recruit every available American you can find. Your needs are seasonal, and there are not enough Americans who want to work seasonal jobs.

2. You have followed the law by participating in the H-2B program. You treat your workers fairly, pay them good wages, and participate in the program only because you cannot find American workers.

3. Your foreign workers have followed the law and go home every year. They, like you, jump through hoops in order to return to work each year.

4. Without the H-2B Returning Worker Exemption, you will not be able to get the workers you need to keep your business going. Congressional inaction allowed the exemption to expire on September 30. Now Congress must act by passing the Save Our Small and Seasonal Businesses Act of 2007 as quickly as possible.

5. If Congress does not pass this bill, your company may be forced to lay off full-time American workers, curtail contracts, and eliminate service to clients, customers, and communities. The ripple effects will be felt far and wide. Please let Speaker Pelosi, Majority Leader Hoyer and Minority Leader Boehner know how much this means to your congressional district and to your state as a whole.

6. Contact your local newspaper and television station to focus their attention on this increasingly desperate situation.

Stay persistent in your efforts with your representative and senators. You are doing great things.

Hank Lavery
President
Save Small Business