Changes proposed to temporary agricultural worker program

WASHINGTON, D.C.
February 6, 2008 7:10am

A streamlined hiring process for temporary and seasonal agricultural workers under the federal H-2A program is being proposed by the U.S. Department of Homeland Security.

“These proposed changes are designed to provide an efficient and secure program for farmers to legally fulfill their need for agricultural workers within the law rather than outside the law,” says Michael Chertoff, department secretary, in a written statement.

The DHS says simplification of the H-2A program will provide farm employers with “a more orderly and timely flow of legal workers.”

The proposed modifications to the rule including relaxing current limitations on the ability for employers to petition for multiple, unnamed agricultural workers.

Other changes would extend from 10 to 30 days the time a temporary agricultural worker may remain in the U.S. after the end of employment. The proposed rule also reduces from six to three months the time a temporary agricultural worker must wait outside the U.S. before he or she is eligible reenter the country under H-2A status.

Additionally, under the proposed rule H-2A workers who are changing from one H-2A employer to another may begin work with the new petitioning employer before the change is approved by the government, provided the new employer participates in the federal electronic verification program.

The proposed rule is available at www.dhs.gov for public comment and will soon appear at www.regulations.gov under docket number “USCIS-2007-0055” until 60 days after publication in the Federal Register.