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The legal farm worker program


Nov. 3, 2005 12:00 AM

H2A: The legal farm worker program
Who uses it?

Less than 1 percent of the state's estimated 56,000 farm workers hold H2A visas for foreign agricultural workers. In the fiscal year that ended Sept. 30, the U.S. Department of Labor certified the applications of 42 Arizona employers to import a total of 181 workers.

How does it work?

Employers file applications with the Department of Labor saying there is a shortage of qualified and willing U.S. farm workers to fill their jobs. If the agency certifies a need for foreign workers and finds the employer is able to meet certain criteria, such as providing food, government-sanctioned housing and transportation for employees, the applications are approved.

The employer does not have to pay Social Security taxes on the workers, and the laborers receive free housing, meals and a visa in exchange for taking jobs Americans turned down.

Why not use it?

Employers say it's burdensome and costly. Labor advocates say it makes workers vulnerable because they are tied to one employer.

Plans for reform?

For years, legislators have proposed bills aimed at reforming the H2A program. The Western Growers Association is pushing for an emergency guest-worker program for the winter harvest. A bill commonly known as the "AgJobs Act" also is being pushed. It would allow up to 500,000 undocumented farm workers some path toward legal residency.