H-2B nonimmigrant worker fix held up by GOP

"They treat us like dogs."

Stunted by entrenchment from South Dakota's congressional delegation and leadership voids in the Daugaard administration some Black Hills businesses could find themselves short-handed during the upcoming potentially record-breaking tourist season.

That’s because on the morning of March 4, the U.S. Department of Labor (DOL) announced it will no longer accept or process requests for what are known as H-2B workers, the lifeblood of many businesses in the Custer area and throughout the Black Hills in the summer. The DOL’s suspension of the H-2B processing could leave many businesses without adequate labor as the busiest time of year hits.

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the U.S. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence; or seasonal, peak load or intermittent need. The H-2B program requires the employer to attest to DOL that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage or local minimum wage to the H-2B nonimmigrant worker during the entire period of the approved H-2B labor certification.

The H-2B program also establishes certain recruitment and displacement standards to protect similarly employed U.S. workers. Many potential employers—including several in Custer and the surrounding area—use recruiting services to find workers to bring to the country. The employers are also required to pay for tthe workers’ travel.

“It’s devastating,” said Steve Olson, director of operations for Custer Hospitality, which has 362 hotel rooms in Custer and relies on 50 H-2B employees each summer for a variety of work. “We can’t get any workers from around here. We are lucky if we get half a dozen locals to work for us.” [Jason Ferguson, Businesses Scrambling for Help]

In 2012 a Custer State Park resort was fined for abusing workers under the H-2B program.

Because of GOP foot-dragging and because businesses are unable to hire effective local workers volunteer spring breakers from Minnesota have been cleaning parts of Custer State Park.

South Dakota voters deserve better than Republican obstruction.