Posted: 02.15.2010

The U.S. Labor Department announced changes for companies that seek H-2A visas for ag workers. The  Department of Homeland Security may not approve an H-2A visa petition unless the Department of Labor, through its Employment and Training Administration, certifies that there are not sufficient U.S. workers qualified and available to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.

American Farm Bureau Federation President Bob Stallman says - the new program will be the most difficult ever for agricultural employers to administer. Stallman asks - is it the right policy of the United States to require that only those who are legally eligible to work in this country should be given U.S. jobs.  According to the Farm Bureau President, - it is the responsibility of the administration and Congress to authorize a useful program that enables capable, dependable and willing employees to come to the U.S. temporarily to do the jobs that domestic workers don’t want.The rule will be effective March 15, 2010

At the same time Vermont U.S. Senator Patrick Leahy is introducing legislation to address tthe exclusion of the dairy industry for eligibility for certification in the seasonal agricultural worker program. In its new rules on seasonal agricultural workers, the Labor Department said it has no legal authority  to include the entire dairy industry in the H-2A visa program.  The program allows farmers to lawfully hire foreign workers when needed, to help keep American farms productive.  Dairy farmers have been unable to take advantage of the H-2A visa program due to the year-round nature of dairy farming.

Leahy says the law he is proposing  will make explicit in law that dairy farms can use the H-2A program, ensuring that dairy farmers throughout the nation can find the labor they need to stay in business, meeting the needs of their communities and the nation’s families.

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