Introduction

During a recent hearing on the farm economy, representatives from various agricultural groups presented a compelling case for reforming the H-2A visa program. This program enables agricultural employers to hire foreign workers to fill temporary positions, a necessity for many farmers facing labor shortages. Their collective message was clear: urgent changes are needed to alleviate the burdens imposed by current regulations and wage requirements.

Desperation for Relief

Anna Rhinewalt, a sweet potato farmer and a council member of the Mississippi Farm Bureau, expressed the desperation felt by many in the agricultural sector. “We are desperate for relief,” she stated, highlighting the pressing need for reforms to the H-2A program. One of the key issues discussed was the adverse effect wage rate (AEWR), which establishes the minimum hourly wage that employers must pay to foreign workers. This rate is determined based on the average earnings of agricultural workers in each state.

Questioning Wage Increases

Rhinewalt pointed out that the AEWR was initially designed to protect domestic farm workers from wage suppression caused by foreign labor. However, with the dwindling number of domestic agricultural workers available, she questioned the rationale behind the substantial wage increases—nearly 31% since 2019 in Mississippi alone. “We don’t understand why the rate continues to rise so dramatically, using the rationale that it is to protect a domestic workforce that no longer exists,” she remarked, emphasizing the disconnect between policy and the current labor market reality.

The Challenge of Domestic Labor Availability

According to Rhinewalt, U.S. producers must advertise job openings to the domestic labor force before hiring foreign workers. Yet, she noted that a staggering 97% of these positions remain unfilled after being offered to American workers. “They simply do not want the jobs,” Rhinewalt insisted. “A domestic workforce is never again going to be the remedy for ag production in the United States.” This sentiment was echoed by other agricultural producers who lamented the rapidly rising labor costs amid persistent shortages.

Inflated Labor Costs

Bret Erickson, chairman of the U.S. Government Relations Council at the International Fresh Produce Association, corroborated Rhinewalt’s concerns regarding escalating wage costs. He pointed out that in Texas, labor expenses have effectively doubled over the past five years. Erickson attributed this surge to the AEWR, arguing that the rate inflates labor costs beyond what the market can realistically bear. To mitigate this issue, he proposed adjusting the formula used to calculate the wage rate and suggested that the Agriculture Department designate a liaison officer to the Department of Labor to ensure farmers have a voice in labor policymaking.

Bureaucratic Challenges

In addition to wage concerns, Rhinewalt and Ben Etcheverry, president of the New Mexico Chile Association, criticized the overwhelming bureaucracy associated with the H-2A program. They described the administrative processes as “tortuous,” making it difficult for some producers to even access the program. Rhinewalt noted that many farmers have never had the opportunity to utilize the H-2A program, leaving them without a reliable workforce. “There are a tremendous number of constituents right now who have never even had access to the H-2A program,” she asserted, illustrating the dire situation faced by many agricultural producers.

The Impact on Operations

The challenges posed by the H-2A program have resulted in some farmers opting to temporarily close operations until seasonal workers can return. This highlights the urgent need for reforms that would enable producers to secure a stable and adequate workforce year-round, rather than relying solely on seasonal labor.

Legislative Action and Leadership

While immigration issues fall under the jurisdiction of the Senate Homeland Security and Governmental Affairs Committee, Senator Michael Bennet of Colorado called on his colleagues in the Senate Agriculture Committee to take the lead in addressing these workforce challenges. Bennet has previously championed reform proposals, including a bill introduced in 2022 aimed at overhauling the H-2A program. This legislation seeks to expand the program to include year-round jobs, modernize its processes, and cap wage increases, garnering support from influential members of the committee, including ranking member Amy Klobuchar.

Elevating Agricultural Voices

Etcheverry urged the committee to utilize its influence to elevate agricultural voices in labor policy discussions. He emphasized the need to find a “middle ground” that addresses the workforce needs of the agricultural sector while considering the complexities of immigration policy. “We need to have a functioning and fair immigration system,” he remarked, expressing hope that the committee would prioritize agricultural labor reform in its agenda.

Conclusion

The call for reforming the H-2A visa program is more than just a plea for policy change; it reflects the urgent needs of an industry struggling to find and retain a reliable workforce. As agricultural leaders like Rhinewalt, Erickson, and Etcheverry continue to advocate for necessary reforms, it is imperative that policymakers listen and act decisively to address these pressing issues. The future of American agriculture depends on a system that supports the needs of farmers while ensuring fair labor practices for all.