The Florida Fruit & Vegetable Association (FFVA) recently urged the repeal of two labor regulations that are driving up costs for growers using the H-2A program, which allows temporary foreign agricultural workers. The FFVA letter requesting the changes was sent to the White House Office of Management and Budget. FFVA called for the rescission of: The letter stated that Florida, …
H-2A Program Updates
When the U.S. government announced its decision to suspend visa processing in Mexico on March 18 to combat the spread of COVID-19, growers around the country immediately expressed concerns that the action could have a major impact on agriculture and the U.S. food supply. The concern, of course, was due to the vital role that foreign workers play in the …
Navigating the H-2A Program
By Fritz M. Roka The number of H-2A foreign guest workers employed in Florida’s agricultural operations has grown from 4,400 in 2009 to nearly 23,000 by the start of the 2015 citrus harvesting season, more than a five-fold increase (Figure 1). More H-2A workers came to Florida in 2015 than to any other state. Industry leaders estimate that more than …
H-2A Labor Program Amended
The U.S. Department of Labor announced a final rule to amend H-2A temporary labor certification regulations to better protect agricultural workers and to update the application and certification process. The final rule becomes effective Nov. 14, 2022. The H-2A program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are …
H-2A Wage Rate Methodology Concerns Ag Groups
Eleven agricultural organizations wrote a letter to U.S. Secretary of Agriculture Tom Vilsack to express concerns about the way the H-2A temporary worker program’s adverse effective wage rate (AEWR) is determined. The organizations stated that the U.S. Department of Labor’s (DOL) use of the Farm Labor Survey (FLS) to establish the AEWR “is inconsistent with the intent of the FLS …
Court Halts Enforcement of H-2A Rule Amendment
The International Fresh Produce Association (IFPA) applauded the U.S. District Court for the Southern District of Mississippi for halting enforcement of a rule amending H-2A visa program regulations. IFPA and its co-plaintiffs argued that the regulation is both unconstitutional and beyond the U.S. Department of Labor’s (DOL) statutory authority. They maintained that the rule imposes unlawful demands on agricultural employers …
H-2A Improvement Recommendations
The U.S. Government Accountability Office (GAO) recently offered two recommendations for improving the H-2A visa program. The first recommendation is that the Department of Homeland Security (DHS) establish a schedule to process H-2A petitions electronically. The second recommendation is that the Department of Labor (DOL) evaluate options it could use to better locate workers to return back wages. The recommendations …
Florida H-2A Labor Wage to Increase Again
Florida’s new adverse effect wage rate (AEWR) in 2025 is estimated to be $16.23, pending an official notice in the Federal Register by the U.S. Department of Labor (DOL). This is an increase of approximately 10% from the previous year’s rate of $14.77. The results of the Farm Labor Survey are used by the DOL to determine the AEWR, an …
U.S. House Chairs Ask for H-2A Effectiveness Evaluation
Two U.S. House of Representatives committee chairs recently sent a letter to the Government Accountability Office (GAO) asking it to evaluate the effectiveness of the H-2A visa program. The letter was sent by Education and the Workforce Committee Chairwoman Virginia Foxx of North Carolina and Agriculture Committee Chairman Glenn Thompson of Pennsylvania. The H-2A visa program, widely used in agriculture, …
Ag Groups Challenge Recent H-2A Rule
The International Fresh Produce Association (IFPA) and nine co-plaintiffs have filed a lawsuit contesting the U.S. Department of Labor’s (DOL) recently finalized H-2A rule. The challengers allege unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ temporary workers. The co-plaintiffs are American Farm Bureau Federation, AmericanHort, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, …
Final H-2A Farmworker Protection Rule Announced
The U.S. Department of Labor (DOL) announced a final rule to strengthen protections for farmworkers. The rule targets vulnerability and abuses experienced by workers under the H-2A program. The H-2A program allows employers to hire temporary foreign agricultural workers. Among other things, the final rule: The final rule is effective on June 28, 2024. However, H-2A applications filed before Aug. 28, 2024, …
Senators Call for Freeze on H-2A Wage Rate
Sixteen U.S. senators recently introduced a bill to revert the H-2A program’s adverse effect wage rate (AEWR) to the December 2023 rate through the end of the 2025 growing season. Two of the senators who introduced the Supporting Farm Operations Act of 2024 are from citrus-producing states — Rick Scott of Florida and John Cornyn of Texas. A majority of …
Ag Employers Want H-2A Wage Methodology Amended
The National Council of Agricultural Employers (NCAE) has petitioned Acting Department of Labor Secretary Julie Su to amend the regulatory methodology for determining adverse effect wage rates in the H-2A temporary agricultural worker program. “America’s farm and ranch families and American consumers continue to bear the brunt of the Department of Labor’s (DOL) misuse of the U.S. Department of Agriculture’s …
Program Provides Incentives to Address Labor Challenges
The U.S. Department of Agriculture (USDA) recently announced the Farm Labor Stabilization and Protection Pilot Program (FLSP). The new pilot grant program aims to improve food and agricultural supply-chain resiliency by addressing challenges agricultural employers face with labor shortages and instability. “The program will provide incentives designed to simultaneously benefit workers and employers, with the potential to inform the H-2A …
Rule Would Bolster H-2A Farmworker Protections
The U.S. Department of Labor (DOL) on Sept. 12 proposed a new rule that would strengthen protections for temporary foreign farmworkers in the H-2A program. This is the third proposed regulation tied specifically to the H-2A program in the last year. It follows the final DOL rule published in October 2022 that modernized key aspects of the H-2A program and …
H-2A Visa Fees to Increase June 17
The U.S. Department of State (DOS) fees for petition-based non-immigrant visas for H-2A temporary foreign workers will increase on June 17, Florida Fruit & Vegetable Association (FFVA) reported. The final rule from DOS will increase the H-2A visa fees by 7.9%, from $190 to $205, less than DOS originally proposed in 2022. In its original proposal, DOS would have increased …
New Dignity Act Aims to Reform Immigration and H-2A
Bipartisan members of Congress led by Representatives María Elvira Salazar of Florida and Veronica Escobar of Texas on May 23 introduced an updated version of the Dignity Act (H.R. 3599). The act would reform immigration laws and streamline the H-2A program for temporary foreign workers. The bill would aim to stop illegal immigration, provide a dignified solution for undocumented immigrants living in America and strengthen …
Actions Against H-2A Wage Rule
Federal legislators have followed through on previously announced plans to try to overturn the Department of Labor’s (DOL) rule to determine wages for temporary foreign agricultural workers under the H-2A program. H-2A workers harvest a majority of Florida’s citrus crop. Legislators introduced House and Senate Congressional Review Act resolutions to nullify the DOL’s adverse effect wage rates (AEWRs) methodology rule. …
Senator Talks to Growers and Acts on H-2A
U.S. Sen. Jon Ossoff (D-GA) recently spoke to South Georgia citrus growers in Ochlocknee about their needs and introduced legislation to reduce a wage-rate increase in the H-2A guestworker program. The industry’s needs include shoring-up supply chains, expanding facilities to keep up with growing demand, and strengthening research on diseases and pests that pose a unique threat to citrus. “I’m …
Basics of the H-2A Final Rule
The 2022 H-2A program final rule was published Oct. 12 and became effective Nov. 14. The vast majority of Florida citrus is harvested by temporary foreign workers within the H-2A program, so the rule has many implications for the state’s citrus industry. Jamie Fussell, Florida Fruit & Vegetable Association director of labor relations, discussed the final rule during the Nov. …