H-2A program

H-2A Program Use Soars

Daniel CooperLabor

The American Farm Bureau Federation (AFBF) recently reported key facts about use of the H-2A program. The vast majority of Florida citrus is harvested by temporary foreign workers through the H-2A program. The program continues to grow with 398,258 positions certified in fiscal year (FY) 2025. Nearly 50% of the certifications in FY 2025 work in just five states: Florida, …

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, …

immigration reform

H-2A Program Updates

Tacy CalliesLabor, 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 …

Farm Safety and Health Week

Navigating the H-2A Program

Tacy CalliesLabor

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 …

alico

H-2A Labor Program Amended

Josh McGillLabor, 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 …

administrative

Addressing H-2A Administrative Processing Delays

Daniel CooperLabor

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 …

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 …

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 …

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, …

administrative

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 …

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 …

labor

Program Provides Incentives to Address Labor Challenges

Josh McGillLabor

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 …

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 …