Farm Labor and H-2A Visas

Many in the ag industry are concerned about the guestworker visa program. Washington Policy Center’s Ag Director Pam Lewison says many believe H-2A workers take jobs that would otherwise be filled by locals, but that’s now how H-2A works.

Lewison adds that if you make your case, you can apply for H-2A workers with stipulations.

“You have to advertise for a minimum of 60-days ahead of your first date of hire, and effectively prove to the U.S. Department of Labor that there is a labor shortage in your area, as in, there are no people who are able-bodied, have the ability or the desire to work for you.”

“For 50 percent of that contract, so however long they’re here. If they are here for 6 months, for 3 months after your H-2A workers arrive, you have to give preference to local hires. So, if you have 50 H-2A workers and 50 people from town show up at some point during that first three months, you must sit your H-2A workers out and hire the local 50 people while still paying the 50 H-2A workers.”