administrative

Addressing H-2A Administrative Processing Delays

Daniel CooperLabor

administrative

Recent communications from agriculture organizations addressed administrative processing delays with the U.S. H-2A program. The program allows the use of temporary foreign agriculture workers in America. In recent years, the majority of Florida citrus has been harvested by H-2A workers.  

AG GROUPS EXPRESS CONCERNS

Three U.S. agriculture organizations on Dec. 17 submitted a letter to the U.S. Department of State and U.S. Department of Homeland Security addressing concerns over delays in H-2A visa administrative processing. The organizations were the Florida Fruit & Vegetable Association, the National Council of Agricultural Employers (NCAE) and the Western Growers Association.

Excerpts from the letter follow:

“We write to bring your attention to the significant increase in instances of consular administrative processing which is causing disruptive delays for fruit and vegetable growers at a critical stage of the H-2A visa approval process. Respectfully, we seek clarity regarding the reasons for increased scrutiny of agricultural employers and request that H-2A visa applications undergoing administrative processing receive priority in the review process.

“Farmers across the country have become increasingly reliant on the H-2A program to produce and harvest perishable fruits and vegetables due to the lack of a domestic workforce. Recently, employers attempting to bring H-2A workers into the country have experienced costly delays as entire crews have been placed under administrative processing by consular officers.

“These delays seem to disproportionately impact H-2A labor contractors (H-2ALC) who often provide services to multiple farms under a single H-2A job order.”

POLICY CHANGE

On Jan. 9, Florida Citrus Mutual Executive Vice President/Chief Executive Officer Matt Joyner shared an H-2A update from the NCAE regarding immediate changes to policy at the U.S. Mission in Mexico.

Effectively immediately, H-2 visa applicants must provide the following documentation during their consular interview:

  • A copy of the criminal background check from each state in which the applicant has worked and/or resided for more than three months in the last 10 years
  • A copy of all commercial driver’s licenses and/or federal driver licenses issued to the applicant
  • A copy of the driver’s record in Mexico from this website

These documents are required for all H-2 visa applicants seeking employment, including but not limited to the following positions: commercial driver, driver, transport truck driver, production machine operator, autopilot driver, semi-truck driver, tractor driver and truck driver.

Failure to meet these requirements will result in delays in the visa process and negatively impact the agency’s ability to schedule group appointments.

NCAE and Florida Citrus Mutual recognize the impact of this change on growers and are working to determine the best course of action in response to the change.

Sources: Florida Fruit & Vegetable Association and Florida Citrus Mutual

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