DOL Extends H-2A Visa Transition Procedures

On Thursday, April 16, 2009, the DOL published an amendment to its current H-2A visa regulation.  My thoughts and a summary of the new Final H-2A rule can be found here.  The most recent amendment to the Final H-2A Rule states that employers requiring H-2A temporary agricultural workers to start work before January 1, 2010 (rather than July 1, 2009), will file Applications for Temporary Employment Certification in accordance with the transition period procedures in 20 CFR 655.100(b)(2)(2009).  Stated briefly, the transition procedures provide that a prospective H-2A employer should first file its temporary H-2A labor certification application and then conduct recruitment for U.S. workers.  As always, I recommend that everybody read the full text of the new, Final H-2A rule for themselves. 

The Argument for Immigration Reform During Tough Economic Times

It's been a great couple of weeks for the immigration reform effort.  First, last week President Obama announces that he's determined to live up to the promises he made on the campaign trail and begin facilitating a national dialogue in support of immigration reform.  But the administration knows that immigration reform is one of the most challenging issues around, especially during an economic downturn, so it got out ahead of the predictable uproar by offering a helpful and clear-headed frame around the issue.  Basically, the administration said this:  immigration reform isn't an effort to add millions of new workers to the workforce, it's simply an effort to recognize those who are already in the workforce.  An argument of this nature has the benefit of being both reasonable and true.  How about that? 

And then earlier this week we learned that the A.F.L.-C.I.O and Change to Win, two vital segments of the American labor movement, had forged a compromise to support  the reform effort, including a disciplined path to citizenship for the undocumented. 

Why would two previously warring factions of the labor movement, two groups who represent many 'laborers' in the truest sense of the word, come around to be on the same side of this issue?  The legal American workforce doesn't gain anything by allowing the underground economy to exist in its current state, especially on the 'lower', less educated end of the skill spectrum.  If a scrupleless employer is faced with the prospect of hiring a likely undocumented worker for $6.50/hr., or a fully documented worker for $8.00/hr., who do you think he's going to hire? Nine times out of ten he'll choose the guy willing to work for less, the guy with no legal protections.  To say that immigration reform and the legalization of millions of undocumented workers is somehow going to hurt the legal American workforce is exactly wrong.   The tough part, however, is helping people see beyond their learned biases and come to terms with this basic economic reality. 

 

Obama Plans to Begin Addressing Comprehensive Immigration Reform this Year

I'd be remiss if I didn't point out today's most important immigration-related news item, which currently sits at number 4 on the NYT's most read list.  In case you haven't already heard, President Obama says that he will begin this year trying to forge comprehensive immigration reform legislation. 

Given the fact that President Obama is trying to simultaneously save the global economy, reform our health care and energy systems and resolve two major battles abroad, the most common response to this immigration news is likely to be "Why Now?" 

In my mind, it's fairly simple.  Last year while campaigning Obama made a number of pledges to voters of all ethnicities that he would begin attempting to address our country's broken immigration system during his first year in office.  Latino voters, in turn, turned out in disproportionately large numbers for Obama.  Today's announcement is simply his effort to live up to that promise.  In other words, in this corner you'll find courage and honor.

Now our President isn't naieve, he knows that the poor souls at Numbers USA and the misleadingly-named FAIR will be screaming at the top of their lungs about Obama wanting to give jobs to foreigners at a time when too many Americans are without work.  So it seems that the Administration will provide an effective frame on the issue by pointing out that Obama's plan would not add new workers to the American work force, but that it would recognize millions of illegal immigrants who have already been working here. 

Plus, ever the community organizer, he is actively encouraging advocates for immigrants to build grass roots support within their communities for the issue.  A controversial topic like immigration reform is never going to happen unless millions of like-minded people will it into existence.  If you want to get involved and you live here in Iowa, a great place start is here