The Department of Labor issued a ruling that will significantly impact the H-2B visa program which allows organizations such as Fieldstone to hire seasonal workers from Mexico.  Rather than legislate through elected officials, the DOL is attempting to close down this program through a backdoor maneuver.  With the stroke of a pen, the DOL is increasing what they consider the prevailing wage for unskilled grounds and landscape help by over 30% to $13.67 per hour.  This is almost twice the minimum wage.  If enacted, this ruling will require Fieldstone to increase dues by 5% in 2012 just to cover the higher cost of the maintenance workers.  Following is information on the program and the potential loss of jobs by U.S. citizens if this rule is allowed to become effective October 1^st.  The irony is the Government will be penalizing foreign workers who have abided by the law all these years while at the same time requesting that illegal workers who are “good citizens” be given special consideration on a case by case basis.

Representative John Wittman from Virginia is circulating the attached letter that will be sent to the DOL regarding this issue.  I strongly urge you to contact your senators and members of Congress by calling the Capitol switchboard at (202) 225-3121 and asking for your senator’s or representative’s office. Once connected to the office, ask to speak to the staff person in charge of immigration issues. Explain the importance of the H-2B program and talk about the unjustified new prevailing wage rates and how these rates will jeopardize businessmen and the jobs of American employees. Please ask that the senator or representative sign the letter that Rep. Wittman is circulating.

BACKGROUND

The H-2B guest worker visa program was enacted in 1990 to assist small to medium size non-agricultural businesses in filling seasonal jobs.  It is one of the most successful immigration programs enacted in the past 30 years.  A maximum of 66,000 visas are issued each year, approximately 600 of which are awarded to Delaware companies.  Workers from 53 countries are eligible to participate, but in actuality a vast majority of the workers come from Mexico.  The workers have to state that they do not intend to apply for a green card and therefore an H-2B visa is not a path to citizenship.  Companies requiring seasonal help would include landscapers, golf courses, hotels, seashore retail outlets, restaurants etc.  Companies are required to advertise all open positions and hire qualified U.S. citizens before offering any positions to foreign nationals.

Each year for the past ten years Fieldstone Golf Club has advertised and hired between ten to fifteen U.S. citizens who responded to our ads for landscapers.  To continue to collect unemployment these workers must accept a job if it is offered.  Every year, within 60 days of hiring, these employees typically all quit.  It is not possible to support a family when you only work eight months each year, which is why seasonal jobs are not desirable.  Each year we have also hired ten to fifteen workers under the H-2B visa program who work for eight to nine months and return to Mexico.  Without these dedicated employees it would be difficult to maintain our golf course.  By insisting on an artificially high wage, golf clubs and other small businesses may have to lay off U.S. workers who hold full-time positions if revenues cannot be increased.  The law of “Unintended Consequences” is always at work when the government artificially mandates unsupported wage levels.

Sincerely,