shutdown

FFVA Urges H-2A Processing During Government Shutdown

Daniel CooperLabor

The  Florida Fruit & Vegetable Association (FFVA) recently urged the U.S. Office of Management and Budget to authorize the U.S. Department of Labor (USDOL) to continue processing H-2A labor certifications during the government shutdown. An Oct. 17 letter from FFVA Director of Labor Relations Jamie Fussell stated that delays in H-2A certifications caused by the shutdown imminently threaten agricultural production, …

rule

New Rule Streamlines H-2A Filing Process

Daniel CooperLabor, Regulation

The U.S. Department of Homeland Security (DHS) announced a final rule, effective Oct. 2, to streamline the filing process for certain temporary agricultural worker petitions. The rule allows U.S. Citizenship and Immigration Services (USCIS) to begin processing petitions for H-2A workers while the Department of Labor (DOL) reviews the requested employment to ensure it wouldn’t harm American workers. “This change allows …

rule

Rule Updates H-2A Wage Rate Methodology

Daniel Cooperfinancial, Labor

The U.S. Department of Labor (DOL) has published an interim final rule updating the Adverse Effect Wage Rate (AEWR) methodology for the temporary employment of H-2A workers. Specifically, the DOL is revising the methodology for determining the hourly AEWRs for non-range occupations by using wage data reported for each U.S. state and territory by the department’s Bureau of Labor Statistics …

certification fees

H-2A Labor Certification Fees Temporarily Suspended

Daniel CooperLabor, Regulation

The Employment and Training Administration (ETA) of the Department of Labor (DOL) has temporarily suspended the collection of H-2A labor certification fees. Implementing a temporary suspension period will allow ETA’s Office of Foreign Labor Certification (OFLC) to move toward accepting electronic fees, as directed by an executive order by President Trump. That order, Executive Order 14247, is titled Modernizing Payments …

FFVA

FFVA Urges Changes to H-2A Program

Daniel CooperLabor, Regulation

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

H-2A Wage Rate Methodology Concerns Ag Groups

Daniel CooperLabor

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

Court Halts Enforcement of H-2A Rule Amendment

Daniel CooperLabor, Legal

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 …

recommendations

H-2A Improvement Recommendations

Daniel CooperLabor

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 …

Farm Workforce

U.S. House Chairs Ask for H-2A Effectiveness Evaluation

Daniel CooperLabor

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, …

H-2A rule

Ag Groups Challenge Recent H-2A Rule

Daniel CooperLabor, Legal

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, …

assistance

H-2A Workers Blocked From Joining Unions in 17 States

Daniel CooperLabor, Legal

A federal judge in Georgia on Aug. 26 blocked a federal rule allowing migrant farmworkers to join unions in 17 states. The ruling prevents the U.S. Department of Labor (DOL) from enforcing the new rule. The rule would have prevented agricultural employers from retaliating against migrant workers with H-2A temporary work visas for joining labor unions and organizing against wage …

final

Final H-2A Farmworker Protection Rule Announced

Daniel CooperLabor

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, …

wage

Senators Call for Freeze on H-2A Wage Rate

Daniel CooperLabor, 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 …

wage freeze

Legislators Seek H-2A Wage Freeze

Daniel Cooperfinancial, Labor, Legislative

Seventy-five U.S. House of Representatives members have asked House and Senate appropriations leaders for an H-2A visa guestworker wage freeze in an upcoming spending package. The text of the representatives’ letter to appropriations leaders follows: “We write with shared concerns regarding the annual adjustment to the Adverse Effect Wage Rate (AEWR). Now in 2024, the H-2A labor rates paid by …

Ag Employers Want H-2A Wage Methodology Amended

Tacy CalliesLabor

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 …

wage

H-2A Wage Rates to Rise Again

Daniel CooperLabor

Florida’s adverse effect wage rate (AEWR), the minimum wage for H-2A agricultural workers, is estimated to climb 3% in 2024. Florida Fruit & Vegetable Association (FFVA) reported the new Florida AEWR is estimated to be $14.77 per hour. Georgia’s AEWR is expected to rise 7%. Georgia Fruit & Vegetable Growers Association (GFVGA) reported Georgia’s new AEWR is estimated to be …

assistance

Rule Would Bolster H-2A Farmworker Protections

Josh McGillLabor, 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 McGillLabor, 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 …

assistance

New Dignity Act Aims to Reform Immigration and H-2A

Josh McGillLabor, 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 …