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The Boothbay Register - Online Edition

Mar 25, 2004 "Serving The Communities of Boothbay, Boothbay Harbor, Southport, Edgecomb" Vol 127, Number 13

Local Tourist Businesses Threatened with Major Labor Shortage

Robin Beck

A tourism industry crisis developed here in Boothbay Harbor and throughout New England in the last two weeks when federal agencies informed employers that the quota for temporary foreign workers had been reached and no more visa requests would be approved.

But word came on Tuesday that a Senate vote is expected today or tomorrow, Friday, on a bill to increase the number of H2B visas allowed for temporary, unskilled foreign workers this year. The bill, co-sponsored by Senators Olympia Snowe and Susan Collins with Sen. Edward Kennedy, proposes to increase the cap from 66,000 to 106,000 visas for 2004.

It is expected to pass handily and then go to the House for a vote on Monday, landing on President Bush's desk Monday night for signing.

Local Impact of Visa Cap

Local hotels and restaurants such as the Tugboat Inn, Boothbay Harbor Inn, Spruce Point Inn and Fisherman's Wharf have all been employing workers from Jamaica and other countries for the past five years. Just these four hotels together hire nearly 100 foreign nationals as housekeepers, kitchen staff, waitstaff and front desk clerks.

The hotels rely on these workers, most of whom return year after year, mainly because they commit to staying on the job full-time for six months, May through October, something American college and high school students cannot do.

Furthermore, coming from tourist areas with seasons opposite from Maine's, they are well-trained in hospitality service and are willing to do the jobs Americans generally shun such as washing dishes, making beds or cleaning bathrooms.

"We've had a hard time for the last five years getting chambermaids," says Laura Bradford, business manager at Fisherman's Wharf. "We pay a good wage, but we can't get Americans to do that job... We only hire Jamaicans for the jobs we can't fill with Americans, and we have to pay a wage comparable to the going American wage."

It is possible, said Bradford, that Fisherman's would have to close some of its rooms if it can't get the 20 Jamaican chambermaids requested through the H2B temporary visa process.

"We're very concerned. We've been completely refused," she said on Tuesday.

"And it is a hardship on [the workers] if they can't come," she added. "They count on the income. Where they come from they have to pay for school and school uniforms. These ladies leave their children with their husbands, their mothers and sisters for five or six months so their kids can have an education... They are very grateful to be here, and they keep the place spotless.

"They have come the last four years; we've gotten to know them and we're very happy with them. We're working to get them here," said Bradford.

"This is a big hit," said Bonnie Stover of the Tugboat Inn, who will be managing the Boothbay Harbor Inn this season. Both inns are owned by Lafayette Hotels which owns 20 establishments in Maine.

The Tugboat Inn requested 18 H2B visa workers, three from Canada and 15 from Jamaica, and the Boothbay Harbor Inn applied for 21 Jamaicans who make up 75 percent of that inn's staff. Most all are returnees.

When Stover learned of the visa cap having been met she immediately started calling, faxing and emailing all of the Maine legislators.

"This is quite a serious situation," she said, "we'll definitely be restricted and we'll have to cut back our hours. It affects every area - kitchen, front desk, chambermaids. And it affects all of Boothbay.

"If [the legislators] can pass something by April 4, some can come, but they'll arrive late. This could have a huge impact."

Legislation

Greg Dugal, Executive Director of the Maine Innkeepers Association, and Dick Grotton, president of the Maine Restaurant Association, both met with Maine Senators Susan Collins and Olympia Snowe.

"There is no question that our two senators get the importance of H2B workers to our industry," said Dugal in a memo to members.

The proposed legislation temporarily increases the quota of H2B visas by 40,000, bringing it up to 106,000 for this year.

"This is a crisis situation," said Dick Grotton of the Maine Restaurant Association, "so they're just dealing with this year for now." Sen. Saxby Chambliss of Georgia is working on a long-term solution for 2005 and beyond in a separate bill.

"There is clearly a need for a long-term solution to this problem," said Sen. Collins this week. "But in the short term, this legislation would provide some relief to Maine businesses before our vital tourism season begins."

The House is set to recess April 4, and affected employers have been furiously lobbying legislators to pass a measure in both houses of Congress before the spring break.

If passed, the additional 40,000 visas will likely be taken immediately by those applications that were already in the pipeline.

"This affects a host of industries," says Grotton, "golf courses, landscapers, a large lobster processor," as well as hospitality in Maine.

Rapid Growth

Why is this year any different from past years?

The H2B visa cap of 66,000 per year was set in 1990. In 1997 only 15,000 visas were issued. Just five years later, in 2002, the amount grew more than fourfold to 62,000 visas approved.

Last year 78,000 H2B visas were granted, 12,000 over the limit.

But the responsible federal agencies, the Department of Labor, which approves the worker needs, and the Department of Homeland Security's Citizenship and Immigration Service (CIS), formerly known as Immigration and Naturalization Service, which issues the temporary visas, didn't realize the excess until after the fact.

"And they didn't tell anyone," says Grotton. The CIS issued a notice on March 10 that the 2004 quota had been reached March 9.

Area employers have to apply in December for their requested workers to arrive in April because of the H2B process involving 120 days lead time. Though these employers adhered to the same process as in previous years and abided by the application timetable, they only recently learned of the quota fulfillment and visa application denials.

Senator Collins said she is "troubled that Mainers were notified ... after the cap on H2B visas had been reached" and she has contacted Homeland Security about its notification process.

"None of the northern tier states - Michigan and Montana as well as Maine - are getting their workers," said Grotton. "Virginia expected 800 workers, and they're not getting them either."

However, Grotton said late Tuesday that he expects to see a near-unanimous vote in the Senate in favor of the visa cap increase and hopes to see the bill signed by the President early next week.

He also hopes Sen. Collins, working with Homeland Security Secretary Tom Ridge, will prevail upon the CIS to expedite the recently refused and returned visa applications.

"I'm optimistic," says Mike Dekker of the Spruce Point Inn, which requested 38 Jamaican and Costa Rican workers who comprise half of the Inn's staff.

"I suspect it will get resolved. I'm not panicking yet. We've been working with Senator Snowe, Senator Collins and Rep. Tom Allen's offices, and with the Maine Innkeepers and Maine Restaurant Associations, and they've given us great support. It's a real pleasure to work with all of them, they've been very helpful."

"So there is a ray of light here."



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