Saving Seafood

Department of Homeland Security Offers Flexibilities to Increase Food Security, Stabilize U.S. Supply Chain During COVID-19

May 13, 2020 — The following was released by the Department of Homeland Security:

The Department of Homeland Security (DHS) has announced a temporary final rule to change certain H-2B requirements to help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.

These temporary measures apply solely to aliens already present in the United States with a valid H-2B nonimmigrant status, and the temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year (FY) 2020.

“These necessary flexibilities will safeguard a critical U.S. infrastructure sector; reinforce security of the nation’s food supply chain; and encourage key American businesses to maintain essential operations currently threatened by the COVID-19 public health emergency,” said USCIS Deputy Director for Policy, Joseph Edlow. “Importantly, these measures protect U.S. workers by not adding supplemental H-2B visas during the national emergency.”

Under this temporary final rule, a petitioner will have additional flexibilities for employing workers essential to the U.S. food supply chain. To take advantage of this time-limited change in regulatory requirements, the H-2B worker must already be in the United States and in valid H2B status.

As part of the TLC process, the petitioning employer must have demonstrated to the satisfaction of the Secretary of Labor that there is not a sufficient supply of qualified U.S. workers who will be available at the time and place needed to perform the labor or services involved in the petition. The employment of the alien(s) in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.

There are two flexibilities in the temporary final rule. First, the rule allows an H-2B employer to employ an H-2B nonimmigrant physically present in the United States while the employer’s H-2B petition on behalf of that nonimmigrant is still pending before USCIS. The rule only provides this flexibility if the employer attests that the worker will perform temporary services or labor that is essential to the U.S. food supply chain. The temporary employment authorization will last for up to 60 days. Second, the rule allows H-2B workers essential to the U.S. food supply chain to stay beyond the three-year maximum allowable period of stay in the United States. This flexibility applies to petitions filed by the H-2B nonimmigrant’s current employer, as well as petitions filed by a potential new employer. The rule only provides this flexibility if the employer attests that the worker will perform temporary services or labor that is essential to the U.S. food supply chain. It is not acceptable for employers to hire illegal aliens.

A petitioner seeking the flexibilities under this temporary final rule will be required to submit an attestation, swearing under penalty of perjury, that the H-2B worker(s) will be performing temporary nonagricultural services or labor or that is essential to the U.S. food supply chain.

The temporary final rule is effective immediately upon publication in the Federal Register.

DHS previously announced similar protections for American agricultural employers in order to secure the nation’s food supply chain. The H-2B nonimmigrant classification applies to alien workers seeking to perform nonagricultural services or labor of a temporary nature in the United States, usually lasting no longer than one year, for which able, willing and qualified U.S. workers are not available.

The President’s Coronavirus Guidelines for America – 15 Days to Slow the Spread

March 16, 2020 — The following was released by The White House:

Today, the White House released: The President’s Coronavirus Guidelines for America – 15 Days to Slow the Spread. Guidelines can be found below.

  1. Listen to and follow the directions of your state and local authorities.
  2. If you feel sick, stay home. Do not go to work. Contact your medical provider.
  3. If your children are sick, keep them at home. Do not send them to school. Contact your medical provider.
  4. If someone in your household has tested positive for the coronavirus, keep the entire household at home. Do not go to work. Do not go to school. Contact your medical provider.
  5. If you are an older person, stay home and away from other people.
  6. If you are a person with a serious underlying health condition that can put you at increased risk (for example, a condition that impairs your lung or heart function or weakens your immune system), stay home and away from other people.
  7. Even if you are young, or otherwise healthy, you are at risk and your activities can increase the risk for others. It is critical that you do your part to stop the spread of the coronavirus:
    • Work or engage in schooling from home whenever possible.
    • If you work in a critical infrastructure industry, as defined by the Department of Homeland Security, such as healthcare services and pharmaceutical and food supply, you have a special responsibility to maintain your normal work schedule. You and your employers should follow CDC guidance to protect your health at work.
    • Avoid social gatherings in groups of more than 10 people.
    • Avoid eating or drinking in bars, restaurants, and food courts – use drive-thru, pickup, or delivery options.
    • Avoid discretionary travel, shopping trips, and social visits.
    • Do not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance.
    • Practice good hygiene:
      • Wash your hands, especially after touching any frequently used item or surface.
      • Avoid touching your face.
      • Sneeze or cough into a tissue, or the inside of your elbow.
      • Disinfect frequently used items and surfaces as much as possible.

For more information, click here.

USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law

August 14, 2019 — The following was released by U.S. Citizen and Immigration Services:

Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

“For over a century, the public charge ground of inadmissibility has been part of our nation’s immigration laws. President Trump has delivered on his promise to the American people to enforce long-standing immigration law by defining the public charge inadmissibility ground that has been on the books for years,” said USCIS Acting Director Ken Cuccinelli. “Throughout our history, self-sufficiency has been a core tenet of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hardworking immigrants seeking opportunity in the United States ever since. Through the enforcement of the public charge inadmissibility law, we will promote these long-standing ideals and immigrant success.”

Read the full release here

US lawmakers hail added H-2B visas but want Congress to make reforms

April 9, 2019 — The U.S. seafood industry and others that rely on temporary labor received good news at the end of last month when President Donald Trump’s administration announced it would allocate an extra 30,000 visas under the H-2B worker program.

It’s a marked change from the last couple years, when the administration released only 15,000 visas, which companies can use to hire foreign workers for non-agricultural jobs. This year’s announcement by the Department of Homeland Security also comes two full months ahead of last year’s. That will give seafood processors and other companies more time to apply and bring workers in for the seasonal jobs.

The decision means 63,000 visas will be available for companies through the end of the fiscal year, which ends in September. However, the 30,000 additional visas will only be available to workers who received one during one of the last three fiscal years.

Maryland officials applauded the news. The state’s crab industry has been hard hit by the lack of visas, with some businesses having to close because they could not get visas they needed to secure workers. In addition to seafood processors, hotels, landscapers, and the horse-racing trainers are among the businesses that seek these waivers to hire staff for their seasonal needs.

Read the full story at Seafood Source

Trump Signs Omnibus Spending Bill With Legislation Adding 63,000 H-2B Guest Workers

March 28, 2018 — President Donald Trump has signed a new 2,232-page Omnibus Spending Bill sent to him by the Senate after it passed the House of Representative that includes an increase in the H-2B Guest Worker Program for the remainder of the year.

The H-2B program allows employers to hire temporary foreign workers to fill low-skill, non-agricultural positions. Currently it provides for an annual cap of 66,000 visas per year, with a few exceptions.

The new bill contains a provision to once again allow the Department of Homeland Security to exceed the annual cap on admissions of unskilled non-agricultural workers. If fully implemented by the United States Citizenship and Immigration Services, it has the potential to add as many as 63,000 additional H-2B guest workers next year, nearly doubling the size of the program.

New Bill Huge Improvement

“The new provision to exceed the cap on admissions will sure will help a lot!” exclaimed Jennifer Jenkins, a Gulf Seafood Foundation Board Member and owner of Crystal Seas Oyster in Pass Christian, MS, whose company depends on the more than 150 H-2B workers each year. “I’m not sure it will solve all the problems because there are so many people trying to use the program, but anything is a huge improvement from where we were a week ago.”

The H-2B Foreign Worker program, many from Mexico and Central America, has continued to grow at a steady pace. The Gulf States of Texas, Florida and Louisiana have more than 33,000 H-2B workers alone, with occupational categories that include: landscaping and grounds keeping workers, seafood workers, forest and conservation workers, and maids and housekeeping.

Read the full story at Gulf Seafood News

 

Timeline: Case of Carlos Rafael

September 26, 2017 — Feb. 26, 2016: Federal authorities raided Carlos Seafood on South Front Street in New Bedford, arresting owner Carlos Rafael, 64, and bookkeeper Debra Messier, 60, both of Dartmouth, on charges of conspiracy and falsifying records. Rafael was held without bail; Messier was released on a $10,000 unsecured bond.

March 2, 2016: Rafael is allowed to return home under strict conditions of a $1 million bond; he is allowed to continue working, too. Rafael and his wife, Conceicao, agree to place their Tucker Lane home in North Dartmouth and Carlos Seafood as collateral for the bond.

March 25, 2016: Prosecutors receive an extension of the deadline to indict Rafael. The length of the deadline’s extension is not disclosed.

May 4, 2016: Rafael has been indicted by federal prosecutors for lying about fish catches and smuggling cash to Portugal through Logan airport in Boston, in a multi-year scheme involving hundreds of thousands of dollars, according to court documents. The indictment lists 27 counts against Rafael, for charges including conspiracy, false entries and bulk cash smuggling. Rafael is alleged to have falsely reported the species of more than 815,000 pounds of fish to the National Oceanic and Atmospheric Administration (NOAA) between 2012 and January 2016, according to the Office of U.S. Attorney Carmen Ortiz.

May 4, 2016: Antonio Freitas, 46, of Taunton is charged with using his special assignment status as a member of the Department of Homeland Security Task Force, which gave him access to restricted areas of Logan International Airport, to help Rafael smuggle cash out of the U.S. Freitas is a member of the Bristol County Sheriff’s Honor Guard.

Read the full story at the New Bedford Standard-Times

US fishing industry breathes sigh of relief as H-2B visa program expanded

July 24, 2017 — An announcement made last week by the U.S. Department of Homeland Security to expand a guest worker program was met with a mix of cheers and frustration by seafood industry representatives and elected officials from key states in the trade.

DHS Secretary John Kelly said he agreed to expand the H-2B visa program through the rest of the fiscal year, which ends in September. The visa program, designed for temporary workers coming to the country to fill nonagricultural jobs, helps employers fill jobs they say would otherwise sit vacant.

Congress established a cap of 66,000 such workers this year, with 33,000 visas available during both halves of the year. However, in May, lawmakers gave Kelly the authority to consider a one-time extension in the program. Over the last couple of months, DHS officials worked with the U.S. Department of Labor to establish guidelines regarding the expansion.

In past years, the seafood industry benefitted greatly from the visa program. According to data from the Center for Immigration Studies, Alaska-based Silver Bay Seafoods employed 971 H-2B workers – more than any other employer in the country last year. Peter Pan Seafoods, Inc., received approval for nearly 400 H-2B workers at its Alaska operation, while in North Carolina, Capt. Charlie’s Seafood employed 200.

Read the full story at Seafood Source

Former sheriff’s deputy convicted of smuggling in fishing scheme

July 19, 2017 — A former Massachusetts sheriff’s deputy has been convicted of helping a fishing mogul known as “The Codfather” smuggle profits out of the country.

A federal jury in Boston found 47-year-old Antonio Freitas guilty Wednesday of charges of bulk cash smuggling and structuring the export of U.S. currency. The former Bristol County sheriff’s deputy will be sentenced in October.

Prosecutors say Carlos Rafael, who owns Carlos Seafood, Inc. in New Bedford, lied to federal authorities for years about the quantity and species of fish his boats caught to evade federal quotas.

Rafael pleaded guilty in March to federal charges of evading fishing quotas and smuggling money to Portugal.

Prosecutors say Freitas helped Rafael smuggle the profits to Portugal while also working as a Department of Homeland Security task force officer.

Read the full story from the Associated Press at Boston.com