March 17, 2015

President Barack Obama

The White House
1600 Pennsylvania Avenue
Washington, D.C. 20500
Dear President Obama:
We write to request that the Administration find a way to quickly resume processing and issuing H-2B
visas.
As you know, on March 5, U.S. Citizenship and Immigration Services stopped processing H-2B visas
requests due to a federal court decision finding that the U.S. Department of Labor (DOL) does not have
explicit statutory authority to make regulations related to H-2B visas. While DOL has announced steps
to issue a joint rule with the U.S. Department of Homeland Security and seek court approval to continue
processing visa requests until a final rule goes into effect, it could take several months before visas can
be issued.
The unexpected suspension of the H-2B program will have significant negative effects on the hundreds
of Colorado business that depend on H-2B visas to fulfill their labor needs. Landscaping is the top filled
position for the H-2B program nationwide and Colorado is the second highest user state. In fact, forty
percent of Colorados landscaping companies rely on the H-2B program. Many of Colorados
landscaping companies had applications already in process when the suspension occurred and are now
worried the action will make it impossible for them to meet customer demand this spring and summer.
Colorados lodging and hospitality industry depends on the H2-B program to provide their housekeeping
staff during the busy summer months. Hotel managers are concerned that the suspension will force
them to forgo revenue, limit occupancy, or reduce operating hours. Colorados iconic Broadmoor Hotel,
for example, hires up to ten percent of its seasonal staff through the H-2B program and, because of this
suspension, will now be without a significant and necessary portion of its staff starting in April 2015.
Colorados world class ski industry spends the summer and fall applying for visas and preparing to hire
the help they need for the winter ski season. This potential length of this suspension creates
unacceptable uncertainty for $3 billion contributor to Colorados economy.
Businesses in Colorado do not suddenly or arbitrarily decide to use the H-2B visa program. The
decision to pursue an application for one or more H-2B visas is often made months in advance, after it
becomes too clear that the local labor market will not accommodate the business need. The abrupt
suspension of the program has left no time for businesses to adapt, leaving many without a secondary
option to mitigate the challenges that have arisen.
We understand that the Administration must abide by the federal courts order. However, we also
believe that there must be a way to work within the confines of the order to ensure that Colorado
businesses do not suffer.

We hope you will work expeditiously to resume the H-2B visa program. We are happy to work with
you on any path that will help restore certainty to the program.
Sincerely,
Michael F. Bennet
U.S. Senator
Colorado

George Fischer
Vice President/Managing Director
Destination Hotels and Resorts

Nate Caldwell
President
Foothills Landscape Maintenance

John Gibson
President
Swingle Lawn, Tree and Landscape Care

Blaise Carrig
President, Mountain Division
Vail Resorts

Mike Kaplan
President and CEO
Aspen Skiing Company

Peter Dann
Executive Vice President
East West Resorts LLC

Richard Leeman
President
Landscape Technology Group

Gary DeFrange
President & COO
Winter Park Resort

Amie Mayhew
President
Colorado Hotel & Lodging Association

Jack Diamoli
President & CEO
The Broadmoor

Melanie Mills
President & CEO
Colorado Ski Country USA

Chris Diamond
President
Steamboat Ski & Resort Corp.

Dean Murphy
President
Terracare Associates

Tim Emick
President
Timberline Landscaping

Greg Pack
President & General Manager
Telluride Ski & Golf Company

Kristen Fefes
Executive Director
Associated Landscape Contractors of
Colorado

Dan Pirrallo
General Manager
Sheraton Steamboat Resort
Tony Warnock
President/CEO
Lost Valley Ranch Corp.