Merkley intros H-2B amendment
WASHINGTON — Sen. Jeff Merkley, D-Ore., introduced an amendment Wednesday to the massive immigration bill under consideration in the Senate that would tighten loopholes that Oregon companies used to hire foreign workers to complete local forestry projects.
The amendment is virtually identical to the American Jobs in American Forests Act, a bill Merkley introduced in May.
Merkley’s legislation would require companies to make an extensive effort to hire American workers before they could apply for an H-2B visa.
The H-2B visa program, which received a major injection of stimulus funding from the 2009 American Recovery and Reinvestment Act, authorizes American companies to import foreign workers for nonagricultural seasonal work if they are unable to find U.S. citizens to fill the positions.
As The Bulletin first reported, four Oregon companies received more than $7 million in federal funds to hire foreign workers for forestry projects through the H-2B program in 2010. At the time, Oregon was suffering through double-digit unemployment.
A subsequent review of the H-2B program by the Department of Labor’s inspector general could find no evidence that the Oregon companies made any effort to recruit in Oregon.
“I am pleased that the Senate is moving forward to fix our broken immigration system," said Merkley in a prepared statement. “But we need to ensure that in fields like forestry where there are thousands of Oregonians looking for work, companies are not allowed to abuse the H-2B visa program and just blindly assert that there are no Oregonians willing and able to work in our forests."
Under the current system, companies have to advertise only in states where the jobs “originated," which often are not the states in which the work was to be performed. The companies can self-attest that they were unable to find U.S. workers before asking permission to hire foreign labor.
Consequently, unemployed workers in Oregon, many with forestry experience and expertise, might never learn about job openings for local forestry projects. Oregon’s database of those actively seeking work includes 3,492 forest and conservation workers and 1,489 forest and conservation technicians, according to the Oregon Employment Department.
Under Merkley’s proposal, companies must bolster their efforts to recruit locally by advertising on local radio and Internet job sites, as well as consulting with the state workforce agency to make sure local job seekers learn about potential openings. The state workforce agency would have to certify that a robust effort had been made before a company could apply to bring in foreign labor, and would put in stricter recruiting rules for multistate projects so companies couldn’t advertise exclusively in one state for a project that will take place in another.
While many details and disagreements remain, including over border security and a possible path to citizenship, leaders from both parties have said passing immigration reform is a priority.
By attaching his bill to the larger legislation, Merkley increases its chances of actually becoming law, since large, heavily negotiated and debated bills are generally more likely to secure a majority of votes than smaller, one-issue bills. The Senate must first agree to the amendment, and a vote on it has not yet been scheduled.
After the inspector general’s report, the Labor Department tried to change the rules governing the H-2B program to close some of the loopholes, but its changes were successfully challenged in federal court by the U.S. Chamber of Commerce and others.
The program has continued to grow under the old rules. Over the past four years, the number of visas issued has grown from 44,847 in fiscal year 2009 to 47,403 in 2010 and 50,826 in 2011, according to the U.S. State Department. Figures for 2012 were not available.
Oregon is not one of the top 10 states for total positions certified, according to Department of Labor figures. In 2012, forest worker was the second highest H-2B worker category, behind landscaper. For 2013, forest worker ranks fourth, behind landscaper/groundskeeper, maid/housekeeper/cleaner, and amusement and recreation attendant.
