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Human Resources

NSAA LOBBIES FOR INCREASE IN FOREIGN

WORKER VISAS TO HELP FILL SEASONAL JOBS

BY DAVE BYRD, NSAA DIRECTOR OF RISK & REGULATORY AFFAIRS

THE STRUGGLE TO FILL temporary jobs at US ski areas in an US ski areas employ approximately 130,000 workers, nearly
increasingly strong economy is compounded by limitations double the 76,000 workers employed in the coal industry,
on the number of foreign immigrant visas available for tem- according to The Washington Post.
porary seasonal workers. Advocating on behalf of ski areas As we know, given the rural location of most ski areas, far
throughout the country, NSAA recently appealed to John from larger population centers, it is especially challenging to
Kelly, Secretary of Homeland Security, encouraging him to find reliable—and willing—labor and staffing, particularly
increase the number of foreign immigrant visas available for during the five- to six-month winter season when they are in
temporary seasonal workers under the H-2b visa program. operation. Even beyond the challenges of the small labor pools
As Homeland Security secretary, Kelly has discretion to in rural communities, finding workers interested in seasonal
raise the number of H-2b visas pursuant to the recently enacted employment at ski areas and related businesses compounds the
Consolidated Appropriations Act of 2017, Section 543 (also industry’s staffing difficulties. In a growing economy where the
known as H.R. Bill 244), “upon the determination that the national unemployment rate stands at 4.3 percent, American
needs of American businesses cannot be satisfied in the fiscal workers have the luxury of being selective, seeking year-round
year 2017 with United States workers who are willing, quali- jobs rather than seasonal positions, which often entail working
fied, and able to perform temporary non-agriculture labor.” outside in cold and icy conditions. Furthermore, as season pass
By way of backstory, the H-2b program has typically prices decline due to robust competition, workers are less and
been limited to a cap of 66,000 visas annually, although less looking for ski jobs just to get passes.
Congress has occasionally exempted foreign workers who NSAA stressed to Secretary Kelly that most ski areas
return for additional seasons from the overall total. Seasonal seek to hire local American workers before resorting to inter-
businesses, however, have repeatedly advocated a higher national visa workers. In fact, ski areas are also paying their
allotment of H-2b visas to satisfy demand. In the most seasonal workers well above state and federal minimum
recent continuing budget resolution signed into law by wages, with many providing housing and transportation sub-
President Trump on May 5, Congress provided discretion sidies, health insurance, steep discounts on food and bever-
to Secretary Kelly to unilaterally determine if additional ages, extensive equipment allowances, and family ski passes,
visas need to be allocated to the H-2b program. Effectively, in an effort to attract more workers.
Congress punted on this contentious and highly partisan According to NSAA’s 2017 Annual Wage & Salary
dispute, putting all the pressure on Secretary Kelly to make Survey—which comprehensively surveys all US ski areas and
a highly political decision as part of an administration that is used by the Department of Labor to establish prevailing
campaigned on “Hire Americans/America First.” (Notably, wages for ski industry positions—ski areas are paying sea-
Trump himself has extensively utilized the H-2b program for sonal non-supervisory workers on average an hourly wage
seasonal workers at his hotels, golf resorts, and casinos.) As a of $13.97 per hour, far above any state minimum wage, and
result, NSAA directly reached out to Secretary Kelly to con- nearly double the federal minimum wage.
vince him of the ski industry’s dramatic need for more for- However, given the harsh reality of the current low
eign workers. unemployment rates within ski states and rural mountain
Increasing the number of foreign visas is important for communities, ski areas are forced to utilize existing immi-
many reasons. Ski areas provide an important anchor for grant visa programs, including the H-2b program. But even
rural economies, supporting local businesses that include using programs like the H-2b program (or the J-1 student
hotels, restaurants, bars, and countless other retail establish- visa cultural exchange program), there still are not enough
ments. Annually, ski resort operations—plus the economic seasonal workers to meet the needs of US ski areas.
multiplier effect ski areas have on surrounding businesses— In turn, this lack of employees results in a tremendous
contribute more than $11 billion to the economy. In fact, amount of lost business opportunities and revenue, and

12 | NSAA JOURNAL | SUMMER 2017