H-2B Visa Workers and Louisiana Seafood Industry

H-2B Visa Workers and Louisiana Seafood Industry Ashok K. Mishra Professor Dept. of Agricultural Economics and Agribusiness Louisiana State University AgCenter & Louisiana State University

H-2B Temporary Non-Agricultural Workers • The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. • A U.S. employer must file a Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf. • The employer must establish that its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as permanent or temporary.

The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work • The employer must show that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers • Generally, a single, valid temporary labor certification from the U.S. Department of Labor (DOL) must be submitted with the H-2B petition. • There is a statutory numerical limit, or “cap,” on the total number aliens who may be provided H-2B nonimmigrant classification during a fiscal year. • CAP for fiscal 2012---33,000 {9,497 already approved}

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: • Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, and Uruguay. • For the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

Period of Stay • H-2B classification may be extended for qualifying employment in increments of up to one (1) year. The maximum period of stay in H-2B classification is three (3) years. • Any spouse and unmarried children under 21 years of age of an H-2B worker may seek admission in H-4 nonimmigrant classification. Family members in H-4 nonimmigrant classification may not engage in employment in the United States. • The petitioner’s information • Name • Address • Telephone number • Employer identification number (EIN) • The employer’s information (if different from that of the petitioner): • Name • Address • Telephone number • The H-2B worker’s information: • Full Name • Date of birth • Place of birth • Last known physical address & telephone number

H-2B Workers in Louisiana

Issue at Hand • The current wage rate of $8.07. • The U.S. Department of Labor (DOL) officials proposed higher wages for H-2B. • The new regulations would average the pay of different kinds of jobs regardless of the tasks, skills or industry involved. • drafted without regard for or consultation with the seafood industry. • Under this rule an unskilled crab picker could make the same wage as a master butcher who has completed a two-year apprenticeship. • Under the new rules, workers in Louisiana who now make $8.07 an hour would receive $14.77

H-2B Workers contribution to Louisiana Economy • Economy multiplier is 2.81 • $1 in employee compensation + $1.81 induced in other sectors of the Louisiana economy. • Total income generated by H-2B visas workers in Louisiana is substantial:

Economic Impact • The total economic impact of H-2B visa workers: • Number of domestic jobs supported: • 769-1,371

Future Work • Program development grant from LSU Sea Grant • Survey of Louisiana Seafood Processors • Develop a survey questionnaire • Measure exact labor cost in total cost of production • Number and wage rate of H-2B visa workers employed by the firm. • Quality of workers required • Both for domestic and H-2B visa workers

Thank you. If you have any questions, please let us know. E-mail: AMishra@.lsu.edu

H-2B Visa Workers and Louisiana Seafood Industry