Labor Announces H2A Changes

Proposed changes to the H-2B and H-2A temporary worker visa programs aimed at modernizing and streamlining the recruitment process were announced by the Department of Labor (DOL) November 8.The H-2A program allows employers to higher foreign workers on a temporary basis to fill positions for agricultural work they are unable to secure domestic labor to do. The H-2B program does the same but for non-agricultural work.The H-2A program is used extensively for more labor intensive seasonal agricultural work like picking fruits and vegetables. Often it proves impossible for producers to find Americans workers to fill the needed positions.In order to fill the labor shortage typically encountered, producers must bring workers in from abroad. According to DOL, the department granted over 240,000 H-2A visas for Fiscal Year (FY) 2018, a record number and a 21 percent increase from last year.Current rules require employers to first advertise any job they are seeking temporary labor certifications for by publishing two print ads in a newspaper of general circulation in the area of intended employment. The aim of the rule is that employers must first seek to fill the position using any interested American workers before seeking foreign labor for the role.