H-2A Program Updates

Tacy Callies Labor, Regulation

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

Tacy Callies Labor

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

Josh McGill Labor, Regulation

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 …

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Final H-2A Farmworker Protection Rule Announced

Daniel Cooper Labor

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, …

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Senators Call for Freeze on H-2A Wage Rate

Daniel Cooper Labor, Legislative

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

Tacy Callies Labor

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

Josh McGill Labor

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

Josh McGill Labor, Regulation

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

Josh McGill Labor, Regulation

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

Josh McGill Labor, Legislative

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

Josh McGill Labor, Legal, Legislative

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

Josh McGill Labor

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 …

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Basics of the H-2A Final Rule

Josh McGill Labor, Regulation

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. …

Florida Is Leading User of H-2A Workers

Josh McGill Labor

Florida accounted for 14% of H-2A jobs certified in 2020, making it the leading user of the temporary guest agricultural worker program. The U.S. Department of Agriculture’s Economic Research Service (USDA/ERS) recently reported that Florida and five other states accounted for 55% of the certified H-2A jobs in 2020. The other large H-2A users were Georgia (10%), Washington (10%), California …

Grower Associations Object to H-2A Wage Methodology

Tacy Callies Economics, Labor

Florida Citrus Mutual recently published the following statement about comments it submitted regarding the wage rate for temporary foreign H-2A workers: “On January 31, 2022, Florida Citrus Mutual, along with many other agricultural entities nationwide, submitted comments to the United States Department of Labor (USDOL) in reference to the proposed changes to the methodology for the adverse effect wage rate …

H-2A Wage Decision Commended

Ernie Neff Labor

U.S. Secretary of Agriculture Sonny Perdue and the Florida Fruit & Vegetable Association (FFVA) commended the U.S. Department of Labor (DOL) for extending the 2020 Adverse Effect Wage Rate (AEWR) for the H-2A program through 2022. The vast majority of Florida citrus is harvested by temporary foreign workers in the H-2A program. “We applaud the agency for recognizing that the …

Making the H-2A Process Easier

Ernie Neff Labor

U.S. Secretary of Agriculture Sonny Perdue announced new features on the U.S. Department of Agriculture’s (USDA) Farmers.gov website designed to help facilitate the employment of H-2A workers. The vast majority of Florida citrus is harvested by temporary foreign workers employed through the H-2A program.   “USDA’s goal is to help farmers navigate the complex H-2A program that is administered by …

H-2A Made Easier

Ernie Neff Labor

A panel discussion at Citrus Expo’s general session aimed to help make the federal H-2A foreign guest worker program a little easier for agriculturists to navigate. The panel included a grower representative who has used H-2A, a labor attorney who is an H-2A expert, and a federal Department of Labor (DOL) regional director. Natalie Gupton, director of business services and industry …

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H-2A Contracts, Costs and Considerations

Abbey Taylor Labor

By Jaci Shreckengost The H-2A program is a guest-worker program that allows people from other countries to come to the United States on a visa as agricultural employees for temporary, seasonal work. Many industries are beginning to use H-2A due to uncertainty over the domestic labor supply, says Fritz Roka, an associate professor of agriculture economics at the University of …

Citrus Industry Participates in H-2A for Labor Needs

Abbey Taylor Labor

By Jaci Shreckengost Concern over availability of domestic employees in the United States has caused growers to change where they get their labor. Fritz Roka, associate professor of agriculture economics at the University of Florida’s Southwest Florida Research and Education Center in Immokalee, says the uncertainty surrounding the immigration policies of the current United States administration has led growers to …