Federal H-2B cap impacts golf industry labor

Industry News

U.S. Citizenship and Immigration Services (USCIS) has reached its cap for non-agriculture guest worker visas this year, leaving superintendents, landscapers and others in a staffing bind.

The national organization received enough H-2B petitions to meet this year's congressionally mandated cap of 66,000 new workers. After March 9,2004, USCIS stopped accepting any new H-2B petitions for the fiscal year 2004.

"We have been informed that the quota has been reached," says Chuck Twist, president, H.O.L.A. Labor Consultants, Stillwater, Okla. "However, our company, as well as a large percentage of other companies that rely on the H2B visa program for their workers, have not gotten workers yet - and we are now being informed that we will not be able to get our workers this season due to the quota being reached."

The congressional cap is sure to impact hundreds of companies across the country that rely on the H-2B visa program for seasonal workers and the economy as a whole, Twist asserts.

Now he and others are short on time to find and train alternate laborers before the busy season begins. Twist also notes the far-reaching impact of the ?28 restriction, stating that the March 9 cap will have a rippling effect.

"This situation not only affects my company and the companies around the nation, it also affects our families, our full-time permanent employees and their families, our workers in Mexico who were promised jobs and their families and the list goes on," he adds.

Twist and other industry professionals haved called, faxed and written letters to local and national representatives concerning the issue.

In the meantime, the USCIS has implemented the following procedures for the remainder of the year:

* USCIS will process all petitions received by the end of business on March 9, 2004.

* USCIS will return all petitions subject to the annual cap (along with the filing fee and, if applicable, the premium processing fee) that are filed after the end of business on March 9, 2004.

* Petitioners may re-submit or file new petitions when they have received labor certification approval for work to start on or after Oct. 1,2004.

Petitions for current H-2B workers do not count toward the congressionally mandated H-2B cap. Accordingly, USCIS will continue to process petitions filed to:

* Extend the stay of a current H-2B worker in the United States

* Change the terms of employment for current H-2B workers

* Allow current H-2B workers to change or add employers

For more information about H-2B, visit www.golfcoursenews.com.

Copyright United Publications, Inc. Apr 2004
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