A fight over the way the U.S. hands out temporary worker visas could cause big headaches for carnivals, some that hire more than 200 foreign workers on temporary visas. A proposed change to the temporary visa program as part of the larger Immigration Reform package might mean changes to the way the U.S. processes about 66,000 medium-skilled workers.
“The H-2B program has just been bundled in with comprehensive immigration reform, when it really has nothing to do with that,” said Chris Lopez, VP of Ray Cammack Shows, which employs 210-225 H-2B workers each year.
It remains unclear whether immigration reform could pass both the U.S. House and Senate, but a recent compromise between the AFL-CIO and the U.S. Chamber of Commerce for a new temporary worker program could mean a shift in the way H-2B visas are allocated. The proposed W Visa would make it easier for companies to register foreign workers, and allow temporary workers both a path to citizenship and the ability to change jobs once they’re in the U.S.
But will the program let in enough immigrants fast enough to meet demand? In the past, officials with OABA have pushed for exemptions to immigration caps — in the first year only 20,000 visas will be issued. Eventually the program will allow for 200,000 temporary workers, which means a small industry like carnivals could see itself petitioning for five percent of the available labor pool.
“We estimate that there are somewhere between 4,000-5,000 H-2B workers just in the mobile entertainment industry,” said Robert Johnson, president of the Outdoor Amusement Business Association.
The number makes up a small percentage of the 66,000 H-2B workers currently allowed in the country, but represents a large share of skilled carnival employees. In many places, the H-2B workers hold management positions at carnivals, having returned year after year and receiving special instruction.
“We’ve had folks coming back for 15 years,” said Lopez. “Some of these guys have gotten certifications for ride safety and taken safety classes. It would be a real safety issue if we lost this program.”
Johnson said that carnivals see a very high percentage of workers in the H-2B program return year after year, with some businesses seeing up to an 80-percent return rate.
“It maintains continuity,” said Rich Byrum, VP at Butler Amusements, a company that also hires more than 200 seasonal H-2B workers. “Several guest workers have been around for 12-13 years, and as a result of having a higher quality of worker our equipment is better-maintained and the accident rate is improved.”
He stressed that carnivals don’t hire the H-2B workers to replace employees from the U.S., but after making an effort to hire locally. He said that the nature of the work, which involves working every weekend, most evening and major holidays, limits the market pool when it comes to attracting domestic employees.
Lopez said that not only is the industry required to advertise to try to attract U.S. workers — a process that can cost more than $3,000 — but carnivals have to provide proof that they are following up on any leads for domestic employees. He has to be able to produce a phone log or certified letter for his efforts to follow up with interested U.S. employees, and his efforts to connect don’t often pay off.
“These are folks who are following the rules and don’t want to come and stay,” he said. “They want to come and live the American dream for a few months, then go back home to their families and put their hard-earned money to work over there.”
Carnivals pay H-2B workers a prevailing wage set by the U.S. Department of Labor which, according to H-2B Workforce Coalition, is “most often in excess of the federal minimum wage.” The workers come from a variety of countries, with most of the H-2B employees at RCS and Butler Amusements come from Mexico or South Africa.
Whether the H-2B program remains, or morphs into a talked-about W Visa, is still uncertain.
“Immigration reform still has to go through a lot more discussion,” said Johnson. “It’s just in the Senate, and they still need to work on it. Then the Department of Labor has to weigh in on it, and the House of Representatives hasn’t even seen it yet, but things are changing every day.”
Interviewed for this story: Rich Byrum, (407) 429-4788; Robert Johnson, (800) 517-6222; Chris Lopez, (602) 237-3333