Not all foreign farm workers are on H-2A visas due to a combination of factors including the program's complexity, cost, and limitations, as well as the presence of undocumented workers. Many farms rely on undocumented workers, and even with the H-2A program, some farms struggle to fill all their positions due to the program's limitations and bureaucratic hurdles.
Here's a more detailed breakdown:
Complexity and Cost: The H-2A program requires significant paperwork, including proving a lack of available domestic workers and providing housing and transportation for foreign workers. These requirements can be burdensome and expensive for farmers, particularly smaller farms.
Program Limitations: The H-2A program is designed for temporary and seasonal agricultural work, and the maximum duration of a petition is typically limited to 10 months, according to the American Farm Bureau Federation. This can be a barrier for industries requiring year-round labor.
Reliance on Undocumented Workers: Many farms have historically relied on undocumented workers who may not be eligible for or choose to participate in the H-2A program. Immigration crackdowns can disrupt this workforce and create labor shortages.
Fear of Exploitation: Some H-2A workers fear exploitation due to their dependence on the employer for their visa status and limited mobility. This can deter some workers from participating or lead to reluctance to report violations.
Limited Availability of Visas: Even with the increased use of the H-2A program, the demand for foreign farmworkers still strains the number of available visas, according to WPTV.
Why aren't all foreign farm workers on H2a visas ? Foreign farm workers aren't all on H-2A visas for several reasons related to the program's limitations and the nature of agricultural work
1. H-2A Program Limitations: Temporary or Seasonal Nature: The H-2A visa program is specifically for temporary or seasonal agricultural work. This means employers can only use it to fill jobs tied to specific times of the year, like planting or harvesting, and for a limited duration, usually no longer than one year. Year-round agricultural jobs, like those on dairy farms, don't qualify for the H-2A program.
Employer Requirements: Employers using the H-2A program face certain requirements, including providing housing, transportation, and meeting wage standards, which can be costly and burdensome for some farms, especially small-scale operations.
Complexity and Paperwork: The H-2A application process involves significant paperwork and navigating regulations from both the Department of Labor and USCIS. Some farmers lack the resources to handle this process effectively.
Recruitment of U.S. Workers: Employers must demonstrate that there are not enough U.S. workers available to perform the temporary work before they can hire foreign workers through the H-2A program.
2.
Other Factors Contributing to the Presence of Undocumented Workers:
Undocumented Workers: A significant portion of the agricultural workforce in the U.S. consists of undocumented immigrants. These individuals may have entered the U.S. through channels other than the H-2A program or overstayed their visas.
Short-Term Work Needs: Some agricultural work, such as harvesting, may only last for a few weeks. It may not be practical for a worker to travel to the U.S. and navigate the H-2A process for such a short duration.
In summary, the H-2A visa program addresses a specific type of agricultural labor need. However, the program's requirements, coupled with other factors like the prevalence of undocumented workers in the agricultural sector, explain why not all foreign farm workers in the U.S. are on H-2A visas.
https://www.google.com/search?q=why+aren%27t+all+foreign+farm+workers+on+H2a+visas
Approximately
42% of U.S. farmworkers are undocumented immigrants, according to the
USDA. This translates to roughly 900,000 to 1 million individuals,
according to Farmworker Justice and New American Economy. In California,
the percentage is even higher, with over 75% of farmworkers being
undocumented, according to the BBC.
The
H-2A program allows agricultural employers to hire temporary foreign workers
for seasonal jobs, which include hand-picked harvests.
The
specific months for hand-picked harvests by H-2A workers vary depending on the
crops and location. Workers may arrive in the spring, as early as March or
April, to prepare for the season. They then participate in harvest activities,
which can continue through the fall. Examples of crops requiring hand-picking
include berries, asparagus, grapes, and various fruits. For instance, in
Michigan, labor for harvesting peaches, pears, and apples might be needed from
August through October. The timing of hand-picked harvests is determined by the
seasonality of the specific crops being grown.
https://www.google.com/search?q=what+months+are+hand+picked+harvests+for+A2a+foreign+workers
Here's
how it works:
· Temporary/Seasonal
Work: The H-2A program is designed for temporary or seasonal agricultural
work.
· Renewal of
Status: Employers can extend a worker's H-2A status for up to one year at
a time by filing a new petition.
· Maximum Stay: H-2A workers can generally stay in the U.S. for a maximum of three years, but they need to leave the country for at least 60 days before applying for re-admission for another term.
In
summary, while the H-2A visa is for temporary work, many workers do return to
the same employer and farm repeatedly, often for several years. This is
possible through the extension of their visa status, provided the work is still
seasonal and meets the H-2A program requirements.
https://www.google.com/search?q=are+H2a+workers+able+to+return+to+the+same+farm+every+year
Comments
The
Harvest Season lasts 5 to 7 months. Farm workers were typically men who sent
money back to their families, who remained living in Mexico. New A2a hires were
recommended by current workers. Another source of labor could be rural students
age 16 and older who are US citizens and could work part time and full time
Summers. Students aged 16 and older can generally work in any farm job,
including those deemed hazardous.
https://www.google.com/search?q=can+farmers+hire+students+to+work+for+them
The current H2A visa system is a mess and needs to be revised and enforced. Congress needs to do its job and make it workable enough to attract 1 million more workers each year. The 3 year limit in Maximum Stay for H2a Workers needs to be expanded.
Norb Leahy, Dunwoody GA Tea Party Leader
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