In the Fields: Visas help build labor pool
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January 24, 2010 9:55 PM
BY JAMES GILBERT


Editor's Note: With the fields in the Yuma area in full swing, the Yuma Sun decided to take a moment to explore the lives of farmworkers and the impact of farming on Yuma County. Today, the Yuma Sun will look at the hiring process and issues of abuse.

Every season Yuma-area harvesting and produce-packing companies worry whether they will have enough hands to harvest their valuable crops of fruits and vegetables.

One way these employers have been getting those "hands" is through the H-2A temporary agricultural worker program, which allows them to bring foreign workers in from Mexico to harvest their fields.

According to M. Janine Duron, the director of Helping Restore America's Agriculture Workforce, getting one of these H-2A visas is a time-consuming, multi-step process.

"Essentially we are working with three federal and a state agencies," said Duron, whose nonprofit company was established to pair temporary workers with agricultural contractors.

The U.S. government issues two kinds of visas for seasonal unskilled workers. One type, the H-2A visa is for farmworkers, and the other, an H-2B visa, is for other laborers.

The H-2A guest worker program was enacted by Congress in 1952 and used more often when the Bracero program ended in 1964. Duron said the program hasn't been used much in this area in the past decade, due to the loss of citrus groves, but has increased the past five years.

Duron explained that in order for Yuma-area harvesting and produce-packing companies to get temporary seasonal workers through the H-2A program, they first must file a petition with the U.S. Department of Labor indicating that there are not sufficient workers who are able, willing, qualified and available to do the job.

"Before they can hire temporary workers, the employers must have first tried to hire U.S. workers to fill the jobs," Duron said.

Duron said there are fewer migrant workers this year compared to last year because fewer acres of produce were planted this year and more domestic workers have returned to the field due to the poor economy.

Once the petition has been filed, Duron said farm labor contractors working for the growers can begin looking for temporary workers in Mexico to fill their jobs.

The temporary worker, Duron said, then must file an application for an H-2A visa, which costs $350, at the nearest American consulate, which is typically Hermosilla and Nogales for the temporary workers who are hired by Yuma-area growers.

After undergoing a background check and an extensive interview process, Duron said U.S. Citizenship and Immigration Services will issue the temporary worker the H-2A visa.

"Basically they want to make sure the worker is not a threat to the country and that they will return to Mexico at the end of the season," Duron said. "They want to make sure the worker isn't using the visa as a vehicle to move to the country."

The temporary workers who are approved for an H-2A visa are then taken to the U.S. port of entry, where they are given a permit that will allow them to cross the border.

"That is the final immigration check on the worker," Duron said. "At that point the worker goes to work for the company."

During the three months prior to Yuma's busy winter growing season, Duron said that at least 100 people a day were being interviewed for H-2A visas. She estimated that about 2,500 were issued this winter season.

"The companies applied for the workers, but couldn't bring as many across this year, despite their good intentions, because more domestic workers were available," Duron said.

Once issued, Duron explained that the H-2A visa is tied to the employer, and that if the temporary worker no longer works for the company that hired him or her, the visa is revoked.

"Basically (the temporary worker) can only work for one company," Duron said. "If they are no longer employed by the company that hired them they have to return to Mexico."

There are some problems with the H-2A visa program, Duron said. Aside from being costly and bureaucratic, the biggest concern is the length of time it often takes for the U.S. Department of Labor to process the employer's petition for seasonal temporary workers.

"If they delay processing the petition, everyone is delayed. This season growers got their workers very late," Duron said.

"Getting workers late can mean hundreds of thousands of dollars in crop losses each year."

James Gilbert can be reached at jgilbert@yumasun.com


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