A healthy agricultural economy relies on steady labor. Yet, domestic labor is short, margins are tight, and time is an irreplaceable commodity. All too often, local labor is not an option. To get through the production season, many American farmers turn to foreign workers, who are vital to their operation.
Through the H2A worker program, farmers can gather a dependable crew and reduce labor turnover. However, the application process is expensive and full of regulations. The paperwork, housing requirements, and pay rates are strenuous. Plus, application costs have increased, and now there is an added $600 asylum fee per application.
To learn more, Farm Press interviewed three Delta farmers who shared their experience with the program and how it impacts their operations.
16 years of H2A labor
Michael McCarty farms in both Crittenden and Mississippi counties and has relied on the H2A program since 2008. He started with two H2A workers. Today, that number has grown to 10.
McCarty said, “We had to go that route because the labor force from within was not there. We have not had anybody come by our office looking for a job in this area in the last 10 years.”
Before then, McCarty recalled locals stopping by to ask for work. He said, “I don’t know if it is the advancement in technology that scared them off, but these guys coming from other countries are not scared by the technology and they pick it up quickly.”
All 10 of McCarty’s H2A employees are Hispanic, and he hires Agri Placements International, based in Fairview, Okla., to handle his paperwork. McCarty just has to sign the documents. Additionally, he works with a recruiter in Mexico who organizes interview appointments with the consulate, so workers can secure their visas.
McCarty begins the application process in December, so the paperwork can be filed by January. The start date is March 15, and H2A employees work through November 30. In August, McCarty initiates a second application, a harvest contract, and some employees extend their visas and work through the following March 15.
At the end of the contract, H2A workers must return to their home country, or they are required to visit their home country for two consecutive months out of a three-year period if their visa is extended. On McCarty’s farm, he sends all H2A employees home at Christmas to be with their families.
Through the years, he has relied on Representative Rick Crawford’s office in Arkansas District 1 to guide him through the process. He expressed great appreciation for Senior Casework Manager Sherrie Mitchell, who is well known throughout the H2A system.
McCarty said, “Sherrie has helped me out in so many pinches with the paperwork and red tape. She can move the needle quickly, and she responds immediately. She is exceptional.”
In reference to the H2A factsheet produced by Crawford’s office, McCarty said, “It is exactly what you need for every step and detail. It is great for anyone new to the program. I wish it would have been around in 2008.”
While housing inspections are strict, McCarty said the Arkansas State Plant Board has stepped in and sped up the process with field agents who assist in inspecting homes.
McCarty credits a large part of his farm’s success to the H2A program. “There are candidates from all different countries looking for work. When our applications are listed, I get 20 to 30 emails from people out of the country who ask if we are hiring.”
Dependable farm crew
In White County, Brad Peacock is a fifth-generation farmer who began relying on H2A labor five years ago, due to the lack of local workers.
Peacock said, “Having labor that is qualified, dependable, and who wants to work is a lot of the battle farmers face. When H2A employees come here, they want to work and want to work 100 hours every week. That is hard to get with local labor.”
He employs two H2A workers each year. Peacock starts the application process in November to get paperwork filed by December, so workers can arrive by February.
Time is an obstacle. “If you want your employees here by May, keep in mind that it may be June before you get them,” Peacock said.
When issues arise, Peacock turns to his congressman’s office. “Anytime I have concerns with H2A, my first call is Representative Crawford’s office.” As for Crawford’s H2A employer guide, Peacock said, “When someone new to the program asks me questions, I point them to that guide, because it answers those questions.”
Peacock also sang praises of the Arkansas Plant Board and how they stepped in to streamline housing inspections. He said, “H2A is vital for us. I do not know what we would do without the program on our farm in the state of the economy right now.”
A solution to labor turnover
Jordan Lynch, a first-generation farmer in Lonoke, began farming in 2017. Early on, he struggled with turnover, finding it difficult to keep local workers when other job offers were more lucrative.
“Farming requires a lot of time and manual labor. Very rarely do we see a sub-40-hour work week. With margins tight, it was usually impossible to match bigger corporate companies,” Lynch said. “It literally felt like a revolving door with my local employees. I wanted to keep them, but they were in and they were out. Turnover is expensive.”
In 2022, he applied for two workers through the H2A program. Now there are three H2A workers on his farm, all from South Africa. So far, his turnover problem is solved. Each employee has returned to work.
Plus, he no longer needs a recruiter. Lynch said, “Once you find a good employee, and there is mutual trust, most likely they will recruit for you. They call friends they trust. If they suggest someone, the odds of them being successful are pretty high.”
Lynch hires H2A specialist Cathy Ellis to ensure all regulations are met. Ellis serves farmers in her region through Ellis Farms H2A Services, based in Arkansas.
“There are a lot of rules you have to be versed in. Fortunately for me, my H2A Specialist goes a step further. She makes sure I have everything that is needed, from paperwork to housing inspections,” Lynch said.
In early November, Lynch starts the application process for employees to arrive by February. He has also relied on Representative Crawford’s office when he needed a quick turnaround to find a worker at harvest.
While there are drawbacks to the program, like upfront hiring costs, waiting on foreign consulates, and the risk of a “no-show” worker, Lynch finds success with the H2A program. “We are pleased, and we do not plan to stop it. We are non-discriminatory with hiring, and we are going to try to find the balance between local workers we can get and hold onto, as well as H2A labor,” he said.
Lynch is a proponent of anyone looking to better themselves, whether local or foreign. He added, “These H2A employees are looking to build enough wealth here in the U.S. so they can do something for themselves in their home country.”
Burdens of the H2A program
The financial burdens farmers face with the H2A program are worthy of mentioning. First, they must pay for H2A employees to travel to America and return to their home country.
They must also provide daily food subsistence for H2A employees. Employers can comply by providing meals each day or by providing a furnished kitchen and a vehicle, so H2A workers can grocery shop and prepare food.
Wages are also sticky. Take for instance an Arkansas farmer who employs both local labor and foreign labor. The state’s minimum wage rate is $11.00 per hour. However, the state’s Adverse Effect Wage Rate for H2A agricultural workers is $14.53 per hour. This is regardless of qualifications – or whether an employee knows the difference between the clutch and the brake.
How can a farmer justify paying minimum wage to local labor but a much higher rate for foreign labor? To be fair, many farmers pay the H2A wage rate across the board to all employees, resulting in a substantial payroll increase.
Strict housing requirements are another burden. Farm Press spoke with a farmer who preferred to be unnamed in this story. During the interview, he shared about a multi-bedroom home he built with his H2A employees in mind.
The home is fully furnished from a kitchen to towels and linens, like one would expect in a managed vacation rental. Each H2A employee has their own private bedroom. There is even a large T.V. in the open living area. Plus, the home has central heat and air, two bathrooms, two refrigerators, and two washer and dryer pairs.
Yet, this new construction may not pass inspection. Why? Because H2A housing requires employers to provide heat, but they do not have to provide air conditioning. Thus, bug screens must be installed on all windows, entry, and exit doors. Now, this farmer is in a dilemma, figuring out screen installation on front and back doors, when screened doors were not part of the original home design.
Bottom line, farmers rely on this program, and the H2A program is undeniably impactful to rural agriculture. However, it can be a headache, and employers jump through hoops to remain in H2A compliance.
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