February 11, 2008

ISSUE 1205

BUSH ADMINISTRATION AIMS TO OVERHAUL H-2A PROGRAM

The Bush administration on Feb. 6 unveiled proposed changes to the H-2A guest worker program. Saying the changes would help ensure that America’s farmers will have a stable, legal workforce they can count on at harvest time, administration officials outlined the plan’s highlights, which included relaxing requirements for the H-2A visa.

The new regulations would modify the ways workers are paid and housed, expand the types of industries allowed to use the H-2A program, and ease requirements employers must now meet to show they have tried to hire U.S. citizens first.

“These changes are significant,” said Walter Kates, director of FFVA’s Labor Relations Division. “There are some improvements, especially substituting employer attestation for the current certification process. Other changes may be cause for concern.” Kates is reviewing the details of the proposed rule. Once the rule is published in the Federal Register, the public will have 45 days to submit comments. FFVA’s Labor Division will issue a Bulletin next week to producer members outlining the proposed changes. FFVA will submit comments and will encourage members to do the same, Kates said.

The administration proposes streamlining some procedures, including:

• Replacing the current certification process with employer attestation.
• Lengthening the time workers can stay in the United States after their employment has ended and shortening the time they must wait before gaining H-2A status again.
• Allowing workers to extend their H-2A status and work temporarily for a different employer, provided that employer uses the E-Verify program.
• Changing the current notification and payment requirements for an employer when workers are terminated, leave the worksite, or fail to show up at the start of the employment period.

The rule also would impose new requirements, including:

• Denying or revoking an H-2A petition if a worker is charged a fee by an employer or recruiter.
• Prohibiting approval of an H-2A petition for workers from countries that consistently refuse or unreasonably delay repatriation of those who are sent back to their countries by the U.S.