Skip navigation
Debate over H-2B visa cap threatens serious shortage of seasonal workers

Debate over H-2B visa cap threatens serious shortage of seasonal workers

WASHINGTON —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Industry officials say political wrangling in Washington has sidelined several broadly supported bipartisan bills that would exempt returning immigrant workers from the national cap of 66,000 H-2B seasonal visas. Failure to renew the exemption, they maintain, could result in escalating labor costs, reduced service, sharply curtailed hours, abridged menus and, in some extreme cases, possible restaurant closures. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

The impasse also could harm foodservice suppliers and other purveyors who rely on seasonal business increases at resorts and tourism-based areas across the country. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Several federal lawmakers have introduced legislation to renew the exemption, but industry officials say further action is being thwarted chiefly by the 24-member Congressional Hispanic Caucus, which insists that the exemption be part of a more comprehensive immigration reform solution. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

And while many in the foodservice industry favor comprehensive immigration reform, CHC’s all-or-nothing tactics have put otherwise sympathetic operators in the crosshairs. “It appears to be a political game,” said Bill Catania, president of the Catania Hospitality Group in Hyannis, Mass., on Cape Cod. “A select group of legislators are holding us hostage to get through larger immigration reform. It’s ironic.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“We know there are issues in this country that have to be addressed,” said Patti Ann Moskwa, co-owner of the Yankee Rebel Tavern and Horn’s Gaslight Bar and Restaurant on Mackinac Island, Mich. “But you can’t do everything at once. If you think they can pass a comprehensive immigration program that quickly, you must be living on the moon.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Neither the offices of the Congressional Hispanic Caucus nor its chairman, Rep. Joe Baca, D-Calif., had responded to calls for a statement by press time. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

The exemption provision was introduced in 2005 to provide relief to employers who rely on foreign-born workers who enter the country on H-2B visas and fill temporary seasonal jobs not taken by U.S. residents. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

For many years operators and other small business owners had complained that the cap on the 66,000 available H-2B visas was reached too early in the year, preventing them from filing applications for foreign employees. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Over the past three years, however, returning H-2B workers had not been counted against the annual cap, which served to nearly double the number of immigrants holding temporary, seasonal jobs in the states, according to published reports. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

When the exemption expired last September, industry officials assumed it would sail through the U.S. Congress, where it already enjoyed broad bipartisan support. Mike Shutley, director of legislative affairs for the National Restaurant Association, said a measure sponsored by Sen. Barbara Mikulski, D-Md., already had been passed in the Senate. However, the exemption was stripped out of the bill in conference when it was sent to the House. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

In addition to resistance from the CHC, the H-2B temporary worker program historically has been opposed by labor, Shutley said. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“There had been a groundswell of support for the issue,” he said. “Members of Congress realize it could put small businesses out of work. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“But now it looks like it’s become a political football.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Four bills, in fact, have been introduced in Congress in an effort to extend the exemption. In addition to Mikulski’s Senate bill, S.988—which has 41 cosponsors—three House bills have been presented. Rep. Bart Stupak, D-Mich., sponsored H.R. 1843, which would make the returning worker program permanent. The bill has 141 cosponsors. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Rep. Thelma Drake, R-Va., introduced H.R. 5233, which would extend the exemption for two years, while Rep. Jim Gerlach, R-Pa., just presented H.R. 5495, which would provide for a one-year extension. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“At this point [the NRA] would support any of the bills,” Shutley said. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

But many in the foodservice industry worry that time is running out. “If Congress doesn’t pass this before it breaks for Easter recess, it may be too late for some operators,” said Peter Christie, president and chief executive of the Massachusetts Restaurant Association. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Bill Zammer, owner of Cape Cod Restaurants Inc., in Falmouth, Mass., said his four restaurants employ 400 workers during the height of the season, more than 100 of whom are temporary workers from Jamaica. “This is putting us in a severe situation,” said Zammer, who also serves as vice chairman of the Cape Cod Chamber of Commerce. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

In addition, he says, the workers he already employs are being wooed by landscapers—who also rely on H-2B workers and are willing to pay $20 an hour—and the large area casinos like Foxwoods and Mohegan Sun. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Zammer says he is attempting to recruit workers up and down the East Coast, but anticipates having to make some serious adjustments to his operations if Congress fails to act soon. He is considering offering several-thousand-dollar bonuses to workers who stay for five months as well as free housing “for the right people.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

In the mean time, he said he expects he will have to ask employees to work “a tremendous amount of overtime,” which raises the risk of burnout. He also said he might concentrate on event catering, like weddings, while reducing service and offering abbreviated menus in his à la carte dining business. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Catania, whose Cape Cod-based company operates three hotels and 10 restaurants, said he employs about 70 H-2B visa workers from Jamaica and Nepal each year as dishwashers, housekeepers, cooks and servers. And while he says the loss of these workers will negatively impact his operations, it also will hurt the foreign-born workers themselves. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“We get a lot of repeats; some people have been working here for 10 years,” he said. “And they’re going to get hurt. These are tax-paying people who are working here legally and they have to support extended families. Now they’re going to be without jobs.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Moskwa, who spoke on the phone from Florida, where she was attempting to hire people to work in her two Mackinac Island operations this summer, said: “I don’t think Congress understands how far this will affect people. If I can’t find people to staff the back-of-the-house, I may have to cut my hours, which could affect my American workers. Lower sales also would trickle down to my food purveyors.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

And while some opponents of H-2B temporary worker visas claim they enable foreign-born workers to take jobs away from Americans, Moskwa argues otherwise. “If I could get American workers, I would do it in a heartbeat,” she said. “There just aren’t enough people in the [Mackinac Island] area to fill all the jobs during the season. It’s also a very expensive program to participate in.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Catania estimates that it costs him about $30,000 in expenses to bring in immigrant workers for the summer season. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Nor are restaurant and hospitality operators the only businesses likely to be impacted. Melvin Thompson, vice president of government relations for the Restaurant Association of Maryland, said the failure to pass the exemption also would affect seafood processors in the state, which could potentially hike retail costs. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“Association members, particularly those in the resort areas, are very concerned,” Thompson said. “And they’re becoming increasingly concerned as we get closer to the season.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

Baltimore-based Phillips Foods Inc., which operates restaurants and hotels in the area, also has a crabmeat processing plant that employs 25 people, some of whom are in the states on H-2B visas. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“If [H-2B workers] don’t come back this year, we’ll definitely feel it,” said Aden King, vice president of Phillips Foods in Baltimore. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

And while the NRA’s Shutley says he holds out some hope that something might be hammered out, he adds: “It’s going to be tough. Every week that goes by makes it harder on some folks.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

The MRA’s Christie calls the legislative impasse “one of the most frustrating things I’ve ever run into. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“I feel it’s mean-spirited and not only hurting [legal foreign-born workers], but hurting good American business people who have it all out on the line. It’s affecting their livelihoods. —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

“Shame on any member of Congress who would let that happen.” —Foodservice and hospitality operators who rely on seasonal employees to fill their ranks could be facing severe labor shortages this summer if congressional action remains stalled on a vote to extend an expired provision enabling employers to hire more temporary help.

TAGS: Archive
Hide comments

Comments

  • Allowed HTML tags: <em> <strong> <blockquote> <br> <p>

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
Publish