Landscape Architect Articles

LCN Labor Issues April, 200404-01-04 | News

H-2B Guest Worker Program
Tapped out for 2004

Discussions between Mexican President Vicente Fox and President Bush resulted in Mr. Bush’s proposal on January 10, 2004 to allow about eight million illegal immigrants to work legally in the U.S. for up to three years doing work not filled by U.S. citizens. The proposal was in response to the shortcomings of foreign labor programs like H-2B, which only allows 66,000 foreign workers to receive H-2B status each year.

H-2B is a program created under the U.S. Department of Labor to allow immigrants to temporarily work in the U.S. to fill nonagricultural jobs in which U.S. workers are in short supply.

H-2B allows hiring foreign workers, with valid visas, for up to 10 months within the CIS (Citizenship Immigration Services) fiscal year (October through September). There is, however, a 66,000 per year limit on the number of foreign workers who can receive H-2B status.

The American Nursery & Landscape Association (ANLA) recently received notice from the U.S. Citizenship and Immigration Services (USCIS) that the agency has already received enough H-2B petitions to meet this year’s congressionally mandated cap of 66,000 new workers. Landscape superintendents, landscape distribution businesses, as well as hotels, resorts and other businesses will be impacted by not being able to bring in the H-2B workers they need.

The USCIS will return the petitions and fees that were filed after March 9, 2004. Employers petitioning to extend the stay of a current H-2B worker, or to change the terms of their employment, will have their petitions processed. Employers can resubmit or file new petitions when they have received labor certification approval for work to start on or after October 1, 2004.

As the fiscal year for the program began Oct. 2003, the FY 2004 cap was met in only five months and nine days. Clearly, this underscores the need for Congress to significantly raise the cap. However, some insiders believe that getting Congress to raise the cap is an uphill struggle.

President Bush made a proposal on January 10, 2004 to alleviate this manpower gap by allowing about eight million illegal immigrants to work legally in the U.S. for up to three years doing work not filled by U.S. citizens. This was the proposal that came from talks between Mexican President Vicente Fox and President Bush. It basically set forth a plan to allow Mexican citizens the documents to cross back and forth across the border unfettered to work in the U.S. The proposal also would allow illegal immigrants currently paying Social Security taxes with invalid Social Security numbers to collect benefits.

Whether it’s increasing the H-2B cap or modifying the Bush/Fox proposal, resolving this labor shortage is important.

“If an American employer is offering a job that American citizens are not willing to take, we ought to welcome into our country a person who will fill that job,” Terry Wallace, president of Wallace Landscape Associates in Kennett Square, Pa., told The News Journal of Delaware. Mr. Wallace’s company employs Mexican immigrants under a guest worker program for unskilled agricultural laborers, and can’t get all the help he needs.

The Bush plan is a near replica of a bill introduced in July 2003 by Arizona Republican Reps. Jeff Flake and Jim Kolbe, and Sen. John McCain. There were at last count seven co-sponsors in the House and one in the Senate.

The ANLA knows any change in the cap will require the full coordinated participation of H-2B user industries. “ANLA is a steering committee member of the Essential Worker Immigration Coalition,” explained John Meredith, ANLA director of legislative relations. “We are already working hand in hand with the H-2B user and general business community to evaluate options and pursue a coordinated resolution.”

The ANLA is a Washington, D.C.-based trade association, representing green industry business professionals. For more information, visit www.anla.org.