SaveSave Our Our SmallSmall and and Seasonal Seasonal BusinessesBusinesses

Act of 2007H-2B is not an immigration issue

it is a...

SMALLSMALL BUSINESSBUSINESS

ISSUEISSUE

•The H-2B program is the only legal seasonal foreign worker visa program for NON-AGRICULTURAL EMPLOYERS.

•Workers may be employed up to ten months of the year.

•There is no limit to the number of years an employer or worker can participate in the program.

•The program is limited to only 66,000 VISAS per year for the entire United States, a cap set at the program’s inception more than a decade ago.

What Is H2B?

Who Uses H2B?

The need for LEGAL seasonal workers is not just a State issue for

the landscape industry; it is an issue for our

ENTIRE NATION

Other industries include the TOURIST and RESORT industry of the East Coast, Upper

Midwest and Rockies, the FISHING industry in Alaska, CATFISH and TIMBER in Louisiana, CRAB processors in North

Carolina and Maryland and the SHRIMP industry in Texas.

Who are H2B Seasonal Workers?

They are fathers, brothers, husbands, sons

and... LEGAL!

Why Do Employers Use H2B?

• Small businesses all over the nation count on the H2B PROGRAM to keep their BUSINESSES AFLOAT. Many use this program year after year because it is the only way to LEGALLY HIRE temporary and seasonal WORKERS when NO AMERICAN WORKERS ARE AVAILABLE.

• High school and college students are only available for small windows of time making it impossible for seasonal business to fulfill their contracts.

8394

77

14 14 160

20406080

100

New

H

ires

Number of New Hires per Year To Fill 35 Seasonal Positions

# Hired

How Does the H2B Program Work?

• Companies must PROVE to the U.S. DEPARTMENT of LABOR they are UNABLE TO FILL these positions.

• Citizenship & Immigration Service and Department of State secure visa approval and arrange appointments for capable, reliable and LEGAL foreign labor.

• DOL determines the wage RATE BASED ON WAGE STATISTICS FOR THE AREA and job to be performed. H2B employers are subject to overtime provisions of the Fair Labor Standards Act (FLSA).

• Employer is RESPONSIBLE for all regular local, state federal payroll TAXES including Social Security and unemployment. Employer also must assist workers in obtaining Social Security cards upon arrival.

• Many employers provide all the same benefits as offered American workers.

• Workers are screened and interviewed by officials from the U.S. Consulate in non-immigrant visas section and VISAS ARE SELECTIVELY ISSUED. Individuals get a biometric scan and a digital photo and are fingerprinted. Their names and birthdates are processed through the FBI data base.

• At the end of the work period the workers want to RETURN HOMEso they can participate in the program year after year as many do and to be able to see their family and help them financially.

History of H2B•The H2B Program began more than a decade ago.

•March 9, 2004—The cap of 66,000 visas was reached and many employers went without workers.

•January 3, 2005—The cap was reached even earlier in the year!

•May 2005—With overwhelming bipartisan support, Congress passed the Save Our Small Business Act of 2005. This INTRODUCED the RETURNING WORKER EXEMPTION for 2005 and 2006. It also created a 33,000 split between the 1st and 2nd half of the fiscal year.

•October 2006—Congress passed the Save Our Small Business Act of 2006 to CONTINUE the RETURNING WORKER EXEMPTION through fiscal year 2007.

CURRENT REALITY• January 2, 2008—The cap was

reached

• Congress has FAILED to pass legislation to help the small business that rely on H2B for seasonal workers.

• Many businesses are facing their

peak season WITHOUT

WORKERS.

Why Should YOU Care?????

Approximate Ohio dealers:200 Gm dealerships200 Ford dealerships

120 Dodge dealerships

Large landscape firms buy on average 5 new trucks a year

 Average price of truck is $35,000.00

 $35,000.00 X 5 trucks= $175,000.00

  

Following is based on 100 landscape firms annually! 

$17,500,000.00 in sales LOST$  1,000,000.00 in sales tax LOST

$  3,500,000.00 in parts and service sales LOST

Let’s look at Pat Preston, owner of

Preston Chevrolet Cadillac, Inc.

who has shared with us…

What Should YOU Do?• Call your SENATORS!

• Call your CONGRESSMEN!

• Tell them:

the economy in YOUR COMMUNITY is being hurt business that SUPPORTS YOUR COMMUNITY is unable to get H2B visas!