sen. bennet & business leaders on h-2b visas

2
March 17, 2015 President Barack Obama The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear President Obama: We write to request that the Administration find a way to quickly resume processing and issuing H-2B visas. As you know, on March 5, U.S. Citizenship and Immigration Services stopped processing H-2B visas requests due to a federal court decision finding that the U.S. Department of Labor (DOL) does not have explicit statutory authority to make regulations related to H-2B visas. While DOL has announced steps to issue a joint rule with the U.S. Department of Homeland Security and seek court approval to continue processing visa requests until a final rule goes into effect, it could take several months before visas can be issued. The unexpected suspension of the H-2B program will have significant negative effects on the hundreds of Colorado business that depend on H-2B visas to fulfill their labor needs. Landscaping is the top filled position for the H-2B program nationwide and Colorado is the second highest user state. In fact, forty percent of Colorado’s landscaping companies rely on the H-2B program. Many of Colorado’s landscaping companies had applications already in process when the suspension occurred and are now worried the action will make it impossible for them to meet customer demand this spring and summer. Colorado’s lodging and hospitality industry depends on the H2-B program to provide their housekeeping staff during the busy summer months. Hotel managers are concerned that the suspension will force them to forgo revenue, limit occupancy, or reduce operating hours. Colorado’s iconic Broadmoor Hotel, for example, hires up to ten percent of its seasonal staff through the H-2B program and, because of this suspension, will now be without a significant and necessary portion of its staff starting in April 2015. Colorado’s world class ski industry spends the summer and fall applying for visas and preparing to hire the help they need for the winter ski season. This potential length of this suspension creates unacceptable uncertainty for $3 billion contributor to Colorado’s economy. Businesses in Colorado do not suddenly or arbitrarily decide to use the H-2B visa program. The decision to pursue an application for one or more H-2B visas is often made months in advance, after it becomes too clear that the local labor market will not accommodate the business need. The abrupt suspension of the program has left no time for businesses to adapt, leaving many without a secondary option to mitigate the challenges that have arisen. We understand that the Administration must abide by the federal court’s order. However, we also believe that there must be a way to work within the confines of the order to ensure that Colorado businesses do not suffer.

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Colorado U.S. Senator Michael Bennet joined 18 Colorado business leaders who urged the President to quickly find a path forward to resume processing and issuing H-2B visas.

TRANSCRIPT

Page 1: Sen. Bennet & Business Leaders on H-2B Visas

March 17, 2015

President Barack Obama

The White House

1600 Pennsylvania Avenue

Washington, D.C. 20500

Dear President Obama:

We write to request that the Administration find a way to quickly resume processing and issuing H-2B

visas.

As you know, on March 5, U.S. Citizenship and Immigration Services stopped processing H-2B visas

requests due to a federal court decision finding that the U.S. Department of Labor (DOL) does not have

explicit statutory authority to make regulations related to H-2B visas. While DOL has announced steps

to issue a joint rule with the U.S. Department of Homeland Security and seek court approval to continue

processing visa requests until a final rule goes into effect, it could take several months before visas can

be issued.

The unexpected suspension of the H-2B program will have significant negative effects on the hundreds

of Colorado business that depend on H-2B visas to fulfill their labor needs. Landscaping is the top filled

position for the H-2B program nationwide and Colorado is the second highest user state. In fact, forty

percent of Colorado’s landscaping companies rely on the H-2B program. Many of Colorado’s

landscaping companies had applications already in process when the suspension occurred and are now

worried the action will make it impossible for them to meet customer demand this spring and summer.

Colorado’s lodging and hospitality industry depends on the H2-B program to provide their housekeeping

staff during the busy summer months. Hotel managers are concerned that the suspension will force

them to forgo revenue, limit occupancy, or reduce operating hours. Colorado’s iconic Broadmoor Hotel,

for example, hires up to ten percent of its seasonal staff through the H-2B program and, because of this

suspension, will now be without a significant and necessary portion of its staff starting in April 2015.

Colorado’s world class ski industry spends the summer and fall applying for visas and preparing to hire

the help they need for the winter ski season. This potential length of this suspension creates

unacceptable uncertainty for $3 billion contributor to Colorado’s economy.

Businesses in Colorado do not suddenly or arbitrarily decide to use the H-2B visa program. The

decision to pursue an application for one or more H-2B visas is often made months in advance, after it

becomes too clear that the local labor market will not accommodate the business need. The abrupt

suspension of the program has left no time for businesses to adapt, leaving many without a secondary

option to mitigate the challenges that have arisen.

We understand that the Administration must abide by the federal court’s order. However, we also

believe that there must be a way to work within the confines of the order to ensure that Colorado

businesses do not suffer.

Page 2: Sen. Bennet & Business Leaders on H-2B Visas

We hope you will work expeditiously to resume the H-2B visa program. We are happy to work with

you on any path that will help restore certainty to the program.

Sincerely,

Michael F. Bennet

U.S. Senator

Colorado

Nate Caldwell

President

Foothills Landscape Maintenance

Blaise Carrig

President, Mountain Division

Vail Resorts

Peter Dann

Executive Vice President

East West Resorts LLC

Gary DeFrange

President & COO

Winter Park Resort

Jack Diamoli

President & CEO

The Broadmoor

Chris Diamond

President

Steamboat Ski & Resort Corp.

Tim Emick

President

Timberline Landscaping

Kristen Fefes

Executive Director

Associated Landscape Contractors of

Colorado

George Fischer

Vice President/Managing Director

Destination Hotels and Resorts

John Gibson

President

Swingle Lawn, Tree and Landscape Care

Mike Kaplan

President and CEO

Aspen Skiing Company

Richard Leeman

President

Landscape Technology Group

Amie Mayhew

President

Colorado Hotel & Lodging Association

Melanie Mills

President & CEO

Colorado Ski Country USA

Dean Murphy

President

Terracare Associates

Greg Pack

President & General Manager

Telluride Ski & Golf Company

Dan Pirrallo

General Manager

Sheraton Steamboat Resort

Tony Warnock

President/CEO

Lost Valley Ranch Corp.