Issue link: http://read.dmtmag.com/i/60127
Labor BASICS H-2A F ear of a repeat of last fall's labor shortage in the Pacific Northwest has many growers thinking about the H-2A program, the only legal means of bringing tem- porary agricultural foreign workers into the United States. While many agricul- tural employers across the country have found the program a worthwhile way to fill seasonal jobs, it's not for everybody, says farm labor expert Mike Gempler. In a nutshell, Gempler, executive director of the Washington Growers League, said the program allows agricultural employers to recruit workers from a foreign country if recruiting efforts for domestic workers fall short. The Growers League, located in Yakima, is a trade association representing agricultural employers in labor-related issues. The H-2A temporary agricultural program, administered by the U.S. Department of The H-2A program can stabilize your work force, but it's not without headache and additional costs. by Melissa Hansen Labor, is filled with technical requirements and restrictions involving multiple govern- ment agencies, Gempler explained, and the approval and permitting process seems to change each year. "The basic premise of the H-2A pro- gram is to assure a legal and adequate work force and protect the jobs and wages of U.S. workers," he said. "The mentality of the Department of Labor is that H-2A workers are allowed only if Americans don't want the job," Gempler said. "You have to perform a valid test of the labor market before your application is certified." The plus side for an H-2A employer is stabilization of the work force, he said during the Growers League's annual meeting in February. "It brings new people into the labor pool and keeps them on contract," he said. Foreign workers may only work for ten months and at least 35 hours per week. By allowing legal entry into the United States, it gives those without immigrant visas or green cards the means of legal employment. Fine print What employers often misunderstand is that when an H-2A applica- tion is approved, the contract terms and conditions now apply to all workers—domestic and H-2A. "Everybody who works in the occupation that was recruited for is now just like an H-2A worker," Gempler said, adding that wages must be the same, and housing must also be provided if needed for any domestic workers. "It's a myth that you have foreign workers and everyone else. All workers must be under the same contract." Though rare, occasionally a domestic worker will use the free housing, he said. "That's why extra beds for domestic work- ers should be considered if housing is being constructed on site by the grower for H-2A workers. Housing is the limiting factor, and the number of beds is really what determines the maximum number of H-2A workers in your application." He also pointed out that the foreign and $1,000 per employee for transportation costs. H-2A workers are exempt from federal income W taxes and unemployment taxes. Growers also have direct costs like housing, worker program is meant for residents of a foreign country who intend to go home— not for someone who is already here ille- gally. "The worker must prove that he or she has significant ties and every reason to return home. It is not legal for an undocu- mented worker that has been working here to become an H-2A worker. They will be disqualified." Because a key concept of the program is the valid test of the labor market, Gempler reminds employers that they must hire any U.S. worker who applies—until half of the 22 APRIL 1, 2012 GOOD FRUIT GROWER worksite transportation, and the adverse effect wage rate, he said, all of which equates to a wage of about $14 to $15 per hour, depending on housing efficiencies. "That's why having a longer employment period or coordinating with another grower is key, so you can spread out the costs," he said. —M Hansen H-2A PROGRAM costs ashington Growers League's Mike Gempler estimates that employers will spend about $3,000 in fixed costs per H-2A application