Link to article

By Olivia Palmer, Yakima Herald-Republic

The same day as new Adverse Effect Wage Rates were announced for farmworkers across the country, the U.S. Department of Homeland Security also issued a new rule aimed at streamlining the filing process for H-2A visas.

The H-2A program allows farmers to hire foreign workers for seasonal agricultural jobs if they can't secure enough local workers. Generally, employer requests for H-2A labor go through two entities: the U.S. Department of Labor and U.S. Citizenship and Immigration. The former is responsible for reviewing and approving a farm's contract, while the latter is responsible for issuing visas to workers.

Until recently, an application had to be completely approved by the Department of Labor before USCIS could begin processing a petition. As of Oct. 2, employers can electronically file a petition for unnamed beneficiaries with USCIS as soon as the Labor Department issues an acceptance notice for the application for temporary labor certification.

"This change allows USCIS to support American farmers in their critical work for our nation while also ensuring that they hire thoroughly screened and vetted foreign labor. When migrants choose legal pathways to employment in the United States, it is beneficial for American businesses, the public's confidence in the rule of law, and the foreign workers themselves," USCIS spokesperson Matthew Tragesser said in a USCIS release last week.

Enrique Gastelum is the CEO of the Worker and Farmer Labor Association, or WAFLA, a Lacey-based nonprofit that helps farmers stabilize their workforce and use the H-2A program.

Gastelum sees the changes as a win.

"Having any delay of workers outside of a couple of days can dramatically harm the ability of that farm to get the jobs done when they need to be done," he said. "So this is going to help, I would say, alleviate some of that pressure on the system and the timeline of making sure the workers are able to show up on time."

Gastelum added that Department of Labor approval is still required to finalize petitions.

"It's not any less safe," he said. "It's just giving more time to plan for all the logistics of having all those workers get into the consulate city and get their visa approved."