Landscape Contractor / Design Build Maintain

DEC 2013

LC/DBM provides landscape contractors with Educational, Imaginative and Practical information about their business, their employees, their machines and their projects.

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Comprehensive Immigration Reform & Landscape By Gretel Ness and Dagmar Butte, Parker Butte & Lane mmi gr a t i on a d v o c a t e s c o n t i n u e t o p u s h f o r p a s s a g e o f t h e U .S . S e n a t e 's c o n t r o v e r s i a l C ompr e he n s i v e I m m i g r a t i o n R e f o rm ( C I R ) b ill, S .B . 7 4 4 . T h is a r t ic le , p r e p a r e d f o r L C /D BM by r e c e n t l e a d e r s o f t h e A m e r ic a n I m m ig r a t io n L a w y e r s A s s o c ia t io n , O r e g o n s t a t e c hapte r , s u m m a r i z e s k e y s e g m e n t s o f t h e C I R b ill t h a t w o u ld d ir e c t ly a f f e c t l an ds capi ng and n u r s e r y b u s i n e s s e s a n d t h e ir e m p lo y e e s . Above-Middle: While the details of comprehensive immigration reform (CIR) are likely to change, according to pending legislation, the initial application period for registered provisional immigrants (RPI) will be one year from the date on which the final program rule is published in the Federal Register, and it may be extended for 18 months. A filing and penalty fine of $1,000 is currently in place, though a filing fee and penalty fine will definitely be included in the program. RPI status is initially valid for six years. Top: Proactive employers should make sure that internal processes are already in place to comply with I-9 employment verification rules and fair and equitable hiring practices. If the worksite enforcement record of the Obama administration is any indication, even if CIR does not become law, small and large businesses can only expect more oversight and enforcement activity from the US Immigration and Customs Enforcement (ICE). Employers, for example, should make sure human resources personnel are properly trained on I-9 compliance and that all employees know what to do in the event of an ICE audit or worksite raid. Above-Left & Right: W visas apply to non-agricultural workers entering to perform temporary work for a registered non-agricultural small business employer. It is similar to the H-2B non-agricultural temporary worker program, except that the initial admission period is three years, and may be renewed for an additional three years, so long as the government has certified the worker as eligible for a W visa. To qualify for a W visa under the proposed CIR law, the employer must meet prevailing wage and recruitment requirements, and the area in which the job is located cannot be in a high unemployment area (8.5 percent or higher) unless the job is in a shortage occupation. 20 LC DBM

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