Change In H-2A Rule Doesn’t Favor Growers
February 18, 2010 Last week, the Department of Labor announced a final rule for the H-2A program. Responding to the rule, which doesn’t do growers any favors, Western Growers calls on the Obama adminstration to implement a workable solution to the labor situation.
The H-2A final rule is the result of the Department of Labor’s (DOL) review of the policy decisions underlying a previous revision of the H-2A regulations published in late 2008. According to a press release from the DOL, the review focused on the process for obtaining labor certifications, the method for determining the H-2A Adverse Effect Wage Rate, and the protections afforded to both the temporary foreign workers as well as the domestic agricultural workforce. The new rule goes into effect March 15.
According to the DOL, the overall benefits of the final rule include increased wages for workers and greater access to the domestic labor market. The H-2A nonimmigrant visa classification applies to foreign workers coming to or already in the U.S. to perform agricultural work of a temporary or seasonal nature. The U.S. Department of Homeland Security may not approve an H-2A visa petition unless the Department of Labor, through its Employment and Training Administration, certifies that there are not sufficient U.S. workers qualified and available to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.
Western Growers President and CEO Tom Nassif responded to this change in the guest worker program:
“Here we go again,” Nassif said. “The Department of Labor is reversing the Bush Administration changes to the H-2A guest worker program, for the second time, which is likely to be met with a court challenge. This cycle never seems to end. Meanwhile our nation’s farmers are stuck with regulations that are cumbersome and not workable because they are too costly and ignore the realities of farming. This mess underscores the need for a legislative solution. We have provided that solution to this administration — a solution that enjoys bi-partisan support, a solution that enjoys support from both farm owners and farm labor groups. This administration must take the lead and encourage Congress to pass AgJOBS.
“Even with an economy that is suffering through 10% unemployed, domestic workers are not applying for these jobs,” Nassif continued. “We know our produce is going to be harvested by foreign workers, the question is, will it be here in the U.S. or will it be abroad? We are already dependent on foreign energy, do we really want to become dependent on foreign food? Our government officials have got to quit tinkering around with regulations and really address the problem; it’s time to pass AgJOBS.”
Source: press releases from the Department of Labor and Western Growers