Visa Rules May Ease Hiring of Farmworkers But Raise Costs
A government proposal for streamlining the hiring process for foreign agricultural workers could make life easier for employers but also increase the costs and hassles of maintaining a workforce for harvesting crops.
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February 19, 2008

A government proposal for streamlining the hiring process for foreign agricultural workers could make life easier for employers but also increase the costs and hassles of maintaining a workforce for harvesting crops.

Regulatory changes announced in early February by the Departments of Labor, Homeland Security and Agriculture would reduce the limitations and delays associated with H-2A visas for temporary farmhands.

The effort is another attempt at immigration reform through regulation now that broad legislation appears to be dead on Capitol Hill.

The new rules would let employers apply for H-2As directly with the Labor Department rather than having to file both federal and state requests. Other provisions would make it easier for farmers to submit blanket petitions for thousands of workers, facilitate workers’ switching employers and traveling to their home countries, and link H-2A wages to occupation, skill level and local market conditions.

To demonstrate the government is cracking down on illegal employment, companies would have to increase recruiting and advertising efforts to prove that they can’t find American workers to pick fruits and vegetables.

In addition, employers would have to sign up for a government-run electronic employment verification system to take full advantage of the H-2A reforms. They also would be subject to stronger workforce audits and fines of up to $100,000 for hiring violations.

The public has until late March to comment on the proposed changes. A final rule may go into effect by August.

It’s not clear whether employers will benefit or be set back by the regulatory changes, according to Hector Chichoni, manager of the East Coast immigration practice at Squire, Sanders and Demp¬sey in Miami.

“Everything depends on how they implement it,â€