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Returning Worker Exception Act Aims for H-2B Relief

New federal legislation has been introduced that, if passed, could prove a fillip for trainers struggling to find and hold on to immigrant grooms, hotwalkers and exercise riders in a labor market already squeezed thin.

The H-2B Returning Worker Exception Act of 2021, introduced Tuesday, is designed to “develop a long-term solution to permanently address” the annual H-2B visa cap.

According to the bill as currently written, it amends the definition of “returning worker” to include anyone who has entered the U.S. on an H-2B visa in any one of the three previous years.

Among other changes, the bill seeks to streamline the application process, requiring the Department of Labor to maintain a public online job registry. It would also implement new integrity measures and anti-fraud provisions.

It was co-authored by a bipartisan group of lawmakers, including Reps. Henry Cuellar (D-TX), David Joyce (R-OH), Bill Keating (D-MA) Chellie Pingree (D-ME), Steve Chabot (R-OH), and Andy Harris (R-MD).

The H-2B is arguably the most commonly requested visa for backstretch workers, and is awarded to seasonal “non-agricultural” workers like those in landscaping, hospitality sectors, the seafood industry and in some construction jobs.

The number of H-2Bs is capped at 66,000 annually, with an even split of 33,000 available for each half of the federal government's fiscal year. And while additional visas are frequently made available, they're not always enough to meet demand.

To help release a bit of steam from the system, congress has periodically enacted a returning worker provision, which permits those who had previously been in the U.S. on an H-2B visa–granted during a particular period–to be exempt from that cap.

For example, the last time this program went into effect–towards the end of Dec. 2015–the returning worker exemption permitted those who had previously held an H-2B visa issued between Oct. 2012 and Sept. 2015 to be cap-exempt for fiscal year 2016.

That exemption expired at the end of 2016 and has not been re-enacted since.

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Herbener Employee Dies at Keeneland January Sale

Ricardo Ramirez, who was working at the Keeneland January sale for consignor James Herbener Jr., passed away Tuesday, dying of an apparent heart attack. He was 66.

Herbener said that Ramirez was about to short bring a yearling into the sales ring when the incident occurred.

“Yesterday, he was walking a yearling going up to the ring,” Herbener explained. “He was in the back walking ring and he just collapsed. We think it was a heart attack. The coroner called me after that and asked some questions. He had apparently had COVID in November, so there’s a possibility there were underlying conditions with his heart that nobody knew about. The coroner said that he had no trauma.”

Herbener expressed his frustration that Ramirez was not dealt with more quickly after collapsing.

“It’s kind of a shame,” he said. “The response was kind of slow, getting to him. We told them he had just collapsed, that he wasn’t kicked. But they didn’t want to be pushing on his chest. I don’t know if he could have been saved. After the four or five seconds it took for me to get there, it looked like he was leaving us. But if he could have been saved, way too much time went by.”

Herbener said that Ramirez only worked for him at the sales and drove a cab in Lexington during the rest of the year. He added that Ramirez had worked in the horse industry in Central Kentucky for more than 30 years and had previously worked at Ashford Stud.

“He had a house in Versailles and came from a really nice family,” Herbener said. “I know that he had a daughter and had been married to his wife for quite some time. He’s someone who had done real well for himself since he came to this country from Mexico. Here’s someone who left for work in the morning and never made it home. You never know when you’re time is going to come. It’s pretty sad.”

Keeneland issued a statement regarding Ramirez’s death on Tuesday.

“Keeneland is deeply saddened by the death of Mr. Ramirez, and we send our heartfelt condolences to his family, friends and co-workers,” Keeneland President and CEO Shannon Arvin said. “The safety and welfare of everyone on Keeneland’s grounds is paramount. It is for this reason that Keeneland’s first response team completes regular training in the management of emergency situations. As with every incident, we are conducting a thorough after-action review and continuously strive to ensure the safest environment possible for our participants.”

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‘He’s What Ellis Park Was About’: James ‘Pops’ Schmitt Passes At Age 85

James E. Schmitt, known by everyone as Pops, became as much a fixture in trainer John Hancock's barn as soybeans in the Ellis Park infield.

When Pops died Aug. 19 at age 85 at his Evansville home, it left a hole in Hancock's stable and all their hearts.

Pops, a Marine veteran who served in the Korea, had a hello and a smile for everyone — also a few bucks if you were down on your luck. He put you in a good mood just seeing him walking or holding a horse, getting coffee in the track kitchen, up at the races or in Ellis Park's gaming area. He loved all that is good about horse racing, the beauty and nobleness of the Thoroughbred, the basic premise of seeing who has the fastest horse to the wire and the camaraderie in a barn working together to get a horse to the starting gate.

Pops retired in 1994 after 30 years with Alcoa. After his beloved wife of 50 years, Nancy Gay, passed away in 2006, Pops headed to the racetrack full-time to keep busy.

“He's what Ellis Park was about,” said John Hancock, who also referred to Pops as Jim. “When I was a kid growing up, he had three boys and my mom had three boys. His boys were the same age as me and my brothers. We all grew up together. Jim would go to the races everywhere. When his wife died of cancer, he said, 'I'm coming to the barn.' He was with me ever since. Everywhere I went, he was with me. I never saw anybody enjoy racing and the people like he did. We'd be pulling in the back gate at Presque Isle and he'd see somebody he knew and holler.

“It sounds corny, but he's probably the most-liked person I've seen ever. Never had a bad day. Never left mad. Other than my mom, he was my biggest fan. When times were tough and things weren't going right, he'd always walk up and say, 'Hey, the Man Upstairs won't give us more than we can handle. We'll bounce back.'”

Dana Hancock, John's assistant and niece, knew something was wrong when Pops wasn't at the barn by 5:30 in the morning of Aug. 19. He subsequently was discovered in his bed, as if he'd laid down for nap and never woke up.

“Pops always was the first one there every morning, turning on lights at the barn,” John Hancock said. “He'd go on and feed. I don't care if there was a foot of snow on the ground at Riverside Downs. He'd make his way across the bridge” from Evansville.

Pops sporadically had a horse he trained but never made it into the winner's circle until 2015. “He always wanted to win a race,” Hancock said.

So Hancock set him up with a horse who happened to be named Uncle Jimmy, a coincidence that delighted Pops. Uncle Jimmy won a 2-year-old maiden race at Mountaineer to give Pops the only victory of his limited training career.

“That was a big deal for him,” Hancock said. “Here's a horse named Uncle Jimmy, and Jimmy Schmitt saddled him.

“He did everything for me. He'd keep up with the feed. When it was time to order feed, he'd order it and go get it. I went to make the order the other day and didn't know what I was doing because he'd done it for some many years. He walked horses in the barn. You name it, he did it. Like this morning, we needed to get a load of hay. I told Dana, 'Get Pops and Sammy,' and I caught myself. Wherever I went, you'd see him right beside me. He loved going to the sales. He loved running horses at Beulah Park in the winter. He just loved the people. When Beulah Park closed, that really bothered him.

“I bought an old horse one time called Smoking Kay. Pops, one of my owners and I split her up three ways. We won five in a row before they claimed her. Pops really liked that old mare. At the time Beulah Park was giving away their horse of the meet award. She got the award. They called and wanted to know if I could come up. I said no, and Pops said, 'Do you mind if I go get it?' They gave him a leather halter, a blanket and a bag of carrots. He still has that blanket and that halter. It never went on another horse.

“You won't ever find another one like him.”

Schmitt is survived by his sons, Jimmy Schmitt (Sandy) and Duwayne Schmitt (Lisa); sisters, June Folz (Al) and Clara Lilly (Dave); grandchildren, Charish Draper (Joshua), Cody Schmitt, Jason Schmitt, Brian Schmitt, Jamie Schulte (Chris), Taylor Madison (Donavon), Austin Schmitt, Lindsay Brodasky (Tom), and Kyndel Dollison; 10 great grandchildren; and many nieces and nephews. He was preceded in death by his parents; loving wife of 50 years, Nancy Gay (Kneir) Schmitt; and son Jeffrey Schmitt, who passed away in 2020.

A Mass of Christian Burial will be held at 12:00 p.m. Central, Tuesday, Aug. 25 at St. Joseph Catholic Church, 618 East Virginia Street, Evansville. Burial will be in Park Lawn Cemetery where the American Legion Kapperman Post 44 will render full military rites.

Friends may visit from 9:00 a.m. until 11:00 a.m., Tuesday, Aug. 25 at Boone Funeral Home East Chapel, 5330 Washington Ave., Evansville.

Memorial contributions can be made to the American Diabetes Association at 3700 Bellemeade Avenue, Evansville, IN 47714 or Arthritis Foundation at 615 North Alabama Street, Indianapolis, IN 46204.

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Indiana Grand: 17-Year-Old Carrizalez Juggling Horses, School, Sports

Most high school students are hitting the snooze button at 7:30 a.m. The time for Eddie “Junior” Carrizalez has a different meaning. The 17-year-old senior at Shelbyville High School is transitioning from work to school at that time, a schedule he has maintained for the past few years at Indiana Grand Racing & Casino.

Carrizalez is part of a family immersed in horse racing. His father, Miguel Ramos, is an exercise rider and works on the starting gate during the races and his mother, Sara Donjuan, is a groom for Mike Lauer. Carrizalez works alongside his mother as a groom in the Lauer Stable and currently takes care of six horses. Those under his care include Chipofftheoldblock, Comes N Threes, Sunsign, Jingle, Alternate Nights and Ginormous.

“I started going to the barn when I was four, so I've been around horses all my life,” said Carrizalez. “I like being around them, and my mom has taught me a lot. I take care of them in the morning, get them ready to go to the track and also get them ready on race days and walk them up to the paddock. It's worked out for me to be at the barn and still get to school and practices.”

Carrizalez is referring to a jam-packed schedule each fall. The three-sport athlete is a member of the varsity soccer team as well as the kicker and punter for the football team at Shelbyville High School. He also runs track in the spring. Participating in both fall sports at the same time can have its challenges, but he has worked out a schedule with the coaches and with Lauer.

“Right after school, I go to football practice first and then head over to soccer practice,” said Carrizalez. “The day before a game, I usually stay longer at that practice and will miss the other sport on game days. But otherwise, they are at different times and the games are on different days, so it works out.”

Soccer has always been a passion for Carrizalez, a love he shares with his father. He learned the game at an early age and competes in leagues outside of school. He even plays at Indiana Grand's soccer field on dark days of racing with his father and friends.

“I mostly learned soccer on my own,” added Carrizalez. “It's something that I've always liked. My dad is a pretty good soccer player. He and my mom come to a lot of my games when they can.”

Carrizalez was a major contributor on the team during his junior year. As left wing and midfielder, he is quick and can move the ball to teammates in a flash. Carrizalez scored four goals during the year on a team that has produced college talent over the past few seasons. The team took a devastating blow this past spring when senior Nolan Parker was killed in an automobile accident. His passing has had a major impact on the soccer program at Shelbyville.

“Soccer just won't be the same without Nolan,” said Carrizalez. “Even though he was a senior and was graduating, knowing he's not there is hard. He was a good leader and a great friend.”

Following the loss of Parker, disruptions in school and sports due to COVID set in. Carrizalez had to find other ways to get on the field. Although he still had work at the barn in the mornings, he spent most of his evenings playing soccer.

“Junior is a special kid who knows how to balance hard work with having fun,” noted Shelbyville Head Soccer Coach Ben Purvis. “He always has a smile on his face when talking and kicking a ball around with his friends, but as soon as we get into exercises, he becomes focused on getting better. He was a raw talent early in his time with our program and has put in the work to become a regular contributor for our varsity. This spring, even though we weren't allowed to practice due to COVID, I would drive by the fields and more often than not, see Junior working on different aspects of his game. He has a passion for soccer and drive to improve. I'm really excited to see what his senior year holds.”

Football is a newer sport for Carrizalez. He has also developed a passion for it and is showing real promise as the team's punter and kicker. He caught the eye of Head Coach Mike Clevenger two years ago while kicking soccer balls in the gym and has made the conversion over to the gridiron.

“I had Eddie (Carrizalez) in my advanced PE class my first full year at Shelbyville,” explained Clevenger. “One day I come into the gym, and I see him kicking a soccer ball the length of the fieldhouse. I asked him if he would be interested in coming out and kicking for the football team. The next season Eddie came out looking like a kid that has kicked (a football) his whole life. He impressed all of us coaches. He has continued to work every day on his kicking, along with going to soccer practice, working, and school. He has become a great asset for us for football. Through his hard work and perseverance, around half of his kickoffs were touchbacks. We all look forward to Eddie's senior year and what he is able to accomplish.”

Carrizalez notes that kicking footballs is different than kicking soccer balls. He uses the front of his foot while kicking in football but in soccer, the side of his foot is utilized to move the ball down the field.

“Mr. (Luke) Stout (assistant football coach) really helped polish my kicking (for football),” said Carrizalez. “It wasn't hard to pick up after the first few times. Punting is harder for me, but I'm learning more all the time.”

Carrizalez has not had the opportunity to kick a field goal yet in a game, but he has sailed the ball down the field 65 yards during kickoffs and can consistently kick 40-yard field goals in practice. He's just waiting for the opportunity to put his skills to use in a game.

When school resumes Aug. 5 at Shelbyville High School, Carrizalez will cut back to three horses in the Lauer barn. He will still have time to finish up at the barn by 7:30 a.m. and head to school. Afternoons will be totally focused on football and soccer. As a senior, he's hopeful to get an offer to continue his love of either sport in the college ranks.

“Right now, it could be anywhere and I'd be interested just to be able to play in college,” said Carrizalez. “I am hoping for soccer, but football would be great too. I haven't really thought too much about it. But I'd love to play in college.”

Whatever the case may be for Carrizalez's future, he has placed new meaning in the word dedication. With a proven track record, the sky's the limit for Carrizalez

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