Issue link: http://read.dmtmag.com/i/60127
about the H-2A program: V "The mentality of the Department of Labor is that H-2A workers are allowed only if Americans don't want the job." —Mike Gempler specified contract has lapsed. "If your crews are full, you have to still hire. Your choice is to overstaff or to send the foreign workers home. That's why detailed job descriptions in your application are very important." Who can apply? Growers can submit applications on their own as a sin- gle employer; use an agent, association, or lawyer to file on their behalf; or join an employer group or association with several employers on the same application. Some associations serve as the employer, others are set up as joint employers with the grower. A concern he has with the association model is that joint liability might be held among all members of the group. He recalled a Washington cherry grower and aspara- gus grower who joined forces to share H-2A workers. The growers knew each other and coordinated the job descriptions and workflow in their application. "Growers don't necessarily need to have an agent or attorney. However, time is usually of the essence, and the application is time consuming to fill out, respond cor- rectly to denials, and stay up on the changing regula- tions," Gempler said. "It's a really good idea to have assistance." Any size employer can use the H-2A program. Several farmers in Idaho's Snake River region annually apply for only one or two H-2A irrigators, and do so successfully, he said. Numerous East Coast growers that use the program contract for only 10 to 20 employees. Several years ago, the Growers League operated the Northwest Growers Association, created to assist agricul- tural employers with the H-2A program. However, for various reasons, the services were dropped. A new rela- tionship is under development between the Growers League and MASLabor of Virginia to provide H-2A services in Washington State. Demand curve Gempler advised growers to first create a labor demand curve to identify the number of employees needed each week and the duration of labor needs. Cherries are more challenging than other tree fruit H-2A pros & cons gram and many disadvantages for employers involved, says Mike Gempler of Washington Growers League. T Worker advantages • Can cross into the United States legally—no smugglers or coyotes needed. • Free transportation from home to the job. • More enforcement and oversight by state and federal agencies. Mike Gempler, Washington Growers League • Guaranteed contract. • Free housing that's inspected and cared for. • Potential to return home with good earnings because housing and transportation to the job is provided. Also, no federal income tax is withheld. • Employers involved tend to be good managers with a good work environment. Worker disadvantages • Workers must fulfill contract and can't hop from employer to employer. Employer advantages • Stabilization of the work force • Contract details pay and working conditions. No walkouts or grumbling for higher pay • Workers will show up at specified time and depart at specified end time. Employer disadvantages • More scrutiny by government enforcement agencies involving working conditions, housing inspections, etc. • Likely will pay higher wages to all workers. An adverse wage effect rate, set for each state, is almost always higher than pre- vailing wage. Wage rate paid to H-2A workers must also be paid to non H-2A workers performing the same job. • Many rules and requirements to understand • First year can be a painful adjustment and steep learning curve • Creates a paternalistic employer relationship—the employer's name is on the visa, the worker lives in employer-provided housing, and when someone is ill or injured in a nonwork- related accident, oftentimes the employer pays or assists with medical bills. —M. Hansen because peak labor demand during harvest can be very short if the grower is not diversified with different varieties, locations, or other crops. "Hopefully, you can find a way to keep your workers employed for a long period," he said, noting that he has assisted with three-week H-2A contracts, but such short periods make it difficult to recoup the costs involved. "You're in a better situation to cover all of your fixed costs if you have diverse crops, different varieties, and can flatten your labor demand curve." Housing Housing must be provided, but growers can use apartments or other housing if it is licensed by the state health department. Transportation to and from the worksite is required, as is transportation once a week to town for workers to purchase their own groceries and use services. H-2A applications must be submitted to the Department of Labor at least 60 days before workers are needed. However, Gempler recommends that growers submit applications 75 days in advance when workers are needed. Growers who have never filed before should allow ample time (6 months before the application should be filed) to become familiar with the requirements and application needs. The employer must pay for transportation from the foreign workers' home and food during the travel, inbound and outbound. Because it is difficult to schedule flights, he notes that growers often charter buses if they are transporting large numbers of foreign workers. • Lucio Machado picks Golden Delicious in a Wenatchee, Washington, orchard. GOOD FRUIT GROWER APRIL 1, 2012 23 here are plenty of advantages for workers to be in the H-2A temporary agricultural pro- www.foreignlaborcert.doleta.gov/. isit the U.S. Department of Labor's Web site to learn more