Give Now  »

Indiana Public Media | WFIU - NPR | WTIU - PBS

Labor Department Floats Changes To Rules For Temporary Ag Labor

Laborers working a field

A sheaf of new rules about hiring seasonal farm workers from outside the U.S. are set to go into effect on October 21. (Photo: Lance Cheung/USDA/flickr) (Lance Cheung/USDA/flickr​)

A program that allows temporary visas for seasonal farm workers from abroad is slated to see some significant changes soon.

Congress established the H2A visa program in 1986 to address seasonal worker shortages.

Farmers who want to apply have to prove there is not enough local labor to fill the need.

The U.S. Department of Labor proposed several revisions to the program’s rules, which are set to go into effect on October 21.

The changes follow a White House proposal this spring that prioritized visas for skilled workers, but did not address shortages of unskilled farm workers.

Changes include requiring farmers to file electronically, changing rules on advertisements and priority for hiring domestic workers and making some guidance on best practices for shearing and other techniques more legally binding.

Among the controversial changes are revisions to the way wages are calculated. Rules have long been in place to make sure the H2A workers are paid a rate that is in line with what a domestic worker would get, to prevent depressing wages.

Critics are concerned that new rules may affect wages for workers in higher-paid occupations, such as supervisors and construction workers on farms.

Farmers and ranchers once had to place ads in local newspapers to invite U.S. workers to apply before seeking foreign workers. Now they can post the jobs on a Labor Department website instead.

New rules also allow farmers to stagger the date of workers’ entry into the U.S. without filing multiple applications.

Public comment on the proposed changes closed on September 24.

Read More:

Wages Could Increase Under H-2A Rule Change (Capitol Press)

Changes On The Horizon For H-2A Temporary Agricultural Labor Rules (Ohio Country Journal)

No More Newspapers for H-2A (Progressive Farmer)

Support For Indiana Public Media Comes From

About Earth Eats

Harvest Public Media