Leading Question

Without the visa program, hotels, country clubs, landscapers and others might end up in a devastating bind.

The visa allows laborers to enter the United States temporarily to fill seasonal jobs (mainly in the non-agricultural sector) where employers face a short supply of U.S. workers. Each year, up to 66,000 total H-2B visas are issued nationwide—a number set in 1990, when the program was created. Half are provided for winter workers and half for summer employees.

An exemption that expired on Sept. 30 allowed seasonal workers who have used the visa in the past three years to reapply without being subject to the limited number, says Casey Wolff, an immigration attorney and partner with Paulich, Slack & Wolff, P.A. in Naples.

In fiscal year 2007, nearly 130,000 workers were admitted under the program, including the 66,000. But Congress didn’t get around to extending the cap last year. All available visas for winter and summer were issued by the start of 2008, Wolff says, so companies will not be able to hire more seasonal workers under the visa until the next fiscal year, starting Oct. 1. Some of his clients were able to secure visas, others weren’t.

The Club at Mediterra in Naples has about 60 employees, mostly from Jamaica, using the H-2B visa to fill kitchen, wait staff, beach club and other positions.

"If we do need additional employees, the changes made to the H-2B program are a concern," says Michael D. Seabrook, the club’s general manager. "It’s a scary thing for all of us."

Naples Beach Hotel & Golf Club was able to secure about 100 H-2B visas for its employees this season. But general manager Jim Gunderson sees the potential for difficulty next year.

"If there were folks locally to fill all the positions we need to fill during the season, then it wouldn’t be a concern," he says. "But any change that will take away from the potential pool of visa employees to assist us through the real critical busy months is certainly a concern."

The rise in the local unemployment rate aided some hotels this season, including the Pink Shell Beach Resort & Spa. It’s only using six H-2B visas, down from 24 in past years, says general manager Bill Waichulis.

Businesses anticipating an impact are sending letters to area representatives and supporting efforts by the H-2B Workforce Coalition, whose members include the U.S. Chamber of Commerce, National Restaurant Association and American Hotel & Lodging Association. A bill in the U.S. Senate would extend the exemption for five years. A House bill would make the exemption permanent.

If a landscaping firm or construction company gains a substantial contract, many will choose to hire illegal immigrants rather than risk losing the job, Wolff says. "In a way it has a perverse side of encouraging the hiring of illegals because they can’t get them legal."