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BANNER THIS WEEK

H-2B unease

As deadline nears, business owners fret that Congress may see the word ‘immigrant’ as unpalatable

By Pru Sowers
Banner Staff

The failure of the sweeping federal immigration bill to pass in Congress this year has some local business owners worried that a much-needed clause in the H-2B seasonal worker legislation may also fail to be renewed.

The clause, which expires Sept. 30, exempts returning workers from the annual cap on the number of visas issued to seasonal workers allowed into the U.S. This clause has helped a number of Cape Cod businesses, particularly in Provincetown, where dozens of workers from Jamaica and other countries who have worked here for years were allowed to return without going through the extended application process new visa applicants were required to undergo.

Under those rules, both the U.S. Citizenship and Immigration Services (USCIS) and the worker’s embassy must approve the visa. That caused a massive backlog in the U.S. visa processing office this past winter that delayed the arrival of some workers until weeks or even months after they were expected. An additional hurdle was encountered this spring when some workers were approved after the federal limit of 33,000 seasonal immigrant workers was reached, meaning they couldn’t come here at all.

Joy McNulty, co-owner of the Lobster Pot, said 43 of her 110 employees are from Jamaica, all of whom have worked for her for a number of years. If the clause fails to pass, she said she would go out of business.

“There may be a tendency [in Congress] to go against [the returning worker exemption renewal] this year because it has the word ‘immigrant’ in it. Look at what happened to the immigration bill,” she said. “I’ve spent 15 years training a staff that is perfect. We would have no operation without them.”

The exemption clause, which has to be renewed each year, has always gone down to the expiration deadline, McNulty said, pointing out that it passed the morning of Sept. 30 last year. U.S. Sen. Ted Kennedy said he is working to pass the extension by the deadline.

“The H-2B program is critically important to small businesses in Massachusetts that rely on temporary workers to keep their doors open. I’m committed to extending the returning worker provisions of the H-2B program and am working to pass legislation to extend this provision by the Sept. 30 deadline,” Kennedy said.

Candy Collins-Boden, executive director of the Provincetown Chamber of Commerce, said if all foreign seasonal workers have to go through the regular visa process, it would have a negative impact on local business owners.

“That means the chances of them coming here are slimmer. The paperwork is incredible and it’s expensive,” she said.

Steve Melamed, co-owner of Bayside Betsy’s restaurant and chair of the Provincetown Economic Development Council, said failure of the returning worker clause would have a “severe impact” on local and regional business. He called it “insanity” to make workers who have been coming to work in Provincetown for several summers go through another vetting process.

“These are good people. We know them, They’re loyal,” Melamed said. “It will be devastating, extremely harmful to the Outer Cape and to Cape Cod as a whole. It will impact the hospitality industry critically.”

Regionally, some business officials are not as worried that the exemption clause will not pass. Wendy Northcross, CEO of the Cape Cod Chamber of Commerce, said her Congressional sources have told her the annual extension will pass this year. However, the measure will be in lieu of more meaningful immigration reform that Northcross says is needed.

“Certainly, we have continually lobbied for equity for the summer economies and a fair share of visas for those dependent upon seasonal workers. There is a higher reliance on these seasonal workers in areas where housing prices are fairly steep, which includes the islands and Outer Cape area. We know that this program has flaws, but for the time being it’s the best we've got while we need to develop better immigration laws,” Northcross said.


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