| Issue #3- April 13, 2007 |
SUMMER WORKERS HAVE WORK PERMITS PULLED
By David Lion Rattiner
This past Monday morning, there were a lot of angry and concerned business owners at Gurney’s Inn in Montauk. In a packed conference room at the resort-hotel, reporters, politicians, business owners and lawyers gathered to discuss the vast number of seasonal work visa applications that have just been rejected by the US Department of Labor for Suffolk County, affecting businesses everywhere, especially in the village of Montauk. Nearly 500 seasonal work visa applications filed by immigrant workers from Ireland, Jamaica and Latin America for summer work and then head back to their home country when the season is over, have been denied. The workers are part of a US Department of Labor program called H-2B and, for many businesses across Suffolk County — especially in Montauk — they are they are an essential part of keeping their operations and the economy of the Hamptons going. Many businesses are in a complete state of panic in anticipation of the impending worker shortage caused by the recent application denials.
Paul Monte, the CEO of Gurney’s, was the lead speaker alongside a panel that included Suffolk County Legislator Jay Schneiderman, representatives from Congressman Tim Bishop’s office and County Executive Steve Levy’s offices, NY State Assemblyman Fred Thiele, Jr., East Hampton Town Supervisor Bill McGintee, Director of the LI region for Senator Hillary Clinton, Lauren Montes, and the Deputy Director of the LI region for Senator Charles Schumer.
Every politician in the room was visibly frustrated with how this issue is being handled by the U.S. Department of Labor, as represented by the Administrator, Bill Carlson, who was on the telephone during the meeting. Carlson, whose full title is “the Administrator of the office of Foreign Labor Certification for the U.S. Department of Labor,” presented a “damned if you do, damned if you don’t” argument when faced with complaints from local business owners who said some visas were denied because a tear sheet was not torn off properly.
Foreign summer workers, who are glad to come here to make money and send it home to their families, are part of the lifeblood of tourist economies such as Montauk. Employers are happy to have them because they need the work done and they don’t have anybody else to do it.
The H-2B program has a mechanism in place that protects the American worker from being replaced by immigrants. To ensure that no American workers are being displaced, H-2B advertises jobs in Newsday that are in need of workers. If nobody responds to them, then it is assumed there are no Americans willing to do the work. Out of 1,000 job advertisements listed, not a single one was responded to by an American. These are the jobs that small businesses need filled in order to operate.
In the past, the H-2B program has worked. We’ve come to know and like the Jamaican, Irish and Latino workers of Montauk. However, with recent immigration issues in the limelight, the Federal government is issuing fewer seasonal work visas then usual.
Mr. Carlson of the U.S. Department of Labor said, “I’m choosing my words very carefully,” as he explained to the group over the telephone that they could appeal the denial or reapply for a visa. With the season quickly approaching, and the U.S. Department of Labor known for taking five months or more to come up with answers on visas, those in the room were left unhappy. “If we were in the ski resort business, we’d be in good shape,” Paul Monte quipped.
“You’re telling us that you have a lot of back logs and filings to go through — what we want to know is, when can we get these workers here so that the community that I represent can be supported economically?” Bill McGintee said.
“What are we supposed to do this year? Hire illegals?” one man said, frustrated.
“I have not advocated that at all in this meeting,” Mr. Gallo stated for the record.
Almost all of these questions were responded to with what can only be described as a dodge. Eyes were rolling as Mr. Gallo made comments about how they are backed up and are working on the problem and how they encourage appeals. For a faster process, employers can pay $1,000 to move their employees’ visa applications along faster.
The elephant in the room, of course, was illegal workers. Business owners, who are trying to do the right thing, may have no choice but to turn to illegal workers this summer. Ben Zwirn, a representative from County Executive Steve Levy’s office, a vocal opponent of illegal immigrants, had this to say. “I’m more depressed now than before I walked into this room. I was expecting to hear a voice of reason. But what I’m hearing is that you are giving businesses two options here — either hire undocumented workers, or close down your business. You’ve left them with no hope. Government is here to help people and you’re not helping them. There are a lot of people in this room and we’re all over here scratching our heads on what to do about this. This is exactly why people don’t like the government.”
This statement was met by applause from the entire room.
I’d hate to point out the obvious, that business owners who can’t get workers with visas and are forced to hire illegals to stay in business, will only cause more trouble for themselves. Why the denials are happening seems to be a mystery. The reality is that we need the summer help and tremendous efforts are made to get Americans to do the work. But, as Paul Monte said, “Kids just don’t want to wash dishes anymore. I washed dishes growing up, but as a father I can tell you youngsters are looking for internships and management positions. We try to get Americans by reaching out to colleges, but they aren’t filling the jobs. That’s the point — it’s why we’re here discussing this. If you know any (kids), tell them to come in and fill out an application.”
We are a seasonal community and we need workers to fill the jobs created by the summer population surge. That’s the whole point of the H-2B seasonal work visa program. What I can’t understand is why the people trying to do things legally are being penalized and, thus, encouraged to skip the entire visa application process. The H-2B seasonal work visa program allows immigrants to come here legally and also encourages businesses to hire legal workers, resulting in less work for illegal immigrants. That’s a good thing for everybody. So why all the denials?
Your guess is as good as mine.
Until the American cultural mantra of “hard work is for immigrants” changes, American businesses will turn to foreign workers to do that work. I’m reminded of the dramatic cultural change that affected women working during World War II. “Rosie the Riveter” became an icon for women, who once thought of working in factories as a ridiculous notion. Unless an icon like “Tyler the Dishwasher” comes out, foreigners will have to fill these jobs.
The bottom line is that one of two things will happen, either the visas will get reviewed and approved, or it will be one hell of a summer to be an illegal worker in the Hamptons.
 |
