November 2022 - 37

AG LABOR REVIEW
H-2A program in
need of repair
MICHAEL MARSH
President & CEO
National Council of
Agricultural Employers
Michael@ncaeonline.org
started in July 2019 during the Trump
Administration came to its conclusion
over three years later and under the
auspices of a different president.
Whiff!
The H-2A Temporary Agricultural
Picture it in your mind's eye.
The burly batter steps to the plate.
Brimming with confidence, the batter
sneers at the pitcher while taking practice
swings. The batter pauses, pointing the
bat over the center field fence far, far away
and takes a final practice swing.
The batter is ready.
Unshaken by the batter's theatrics, the
pitcher throws a meaty ball right across
the heart of the plate. The batter swings
mightily, sure the crushing hit will result
in a tape measure home run.
And, whiff! The bat strikes nothing
but air.
I wonder if the secretary of labor feels
something akin to that batter.
On October 12, 2022, the Department
of Labor (DOL) finally published the new
H-2A program rule. The process that
Labor Program has been in critical need
of repair since the initial regulations were
promulgated in 1987. And, with the rapid
growth in the program as fewer domestic
workers show up on the farm or ranch
to apply for these good-paying jobs,
agricultural employers have had to turn to
the H-2A program to try and hold on to
their legacy family operations. The changes
the secretary published will not help.
The rule that was originally proposed
contained some commonsense costsaving
measures for employers. There
were several measures included that
would have made the program more
efficient. Also included in the original
Trump Administration proposal were
changes farm and ranch families
would have rather not seen, as those
changes would make the program more
cumbersome and spike employer costs.
The rule that was published by the
Biden DOL revealed the commonsense
cost-saving measures stricken leaving
only the more costly in place.
Whiff!
Interestingly, the Biden
Administration has been looking to the
H visa programs, H-2A and H-2B, as
part of the solution to stem irregular
migration into the United States. The
notion being that people will come here
legally on a visa, work temporarily or
seasonally here in the States, and then
return to their families back home.
Remittances made to their families in
their home countries from performing
these essential jobs U.S. domestic
workers won't do, would transform
lives, communities and economies, from
whence the workers come.
However, by essentially taxing already
overburdened agricultural employers
for engaging in the H-2A visa program,
the new H-2A rule seems an attempt
to accomplish this cure for irregular
migration at the Southern border.
The U.S. has witnessed a surge of its
agricultural production fleeing offshore
to foreign competition in Canada and
Mexico, which offer much lower costs of
production. Today, more than 60% of the
fresh fruit and 35% of the fresh vegetables
consumed in the U.S. are produced
overseas. This rule will hasten that
production flight.
Whiff!
Mr. Secretary, that's strike three. FGN
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FGN | NOVEMBER 2022 | 37
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November 2022

Table of Contents for the Digital Edition of November 2022
