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ETARulemakingETA-2019-0007

Temporary Agricultural Employment of H-2A Nonimmigrants in the United States

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Northwest Horticultural Council filings
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Northwest Horticultural Council filed 1 comment on this docket between Oct 4, 2019 and Oct 4, 2019. 96 other organizations filed here. The comment window closed 2499d ago.

What Northwest Horticultural Council filed (1)

Oct 4, 2019· Northwest Horticultural Council - Tynan, Kate· ETA-2019-0007-0551

September 19, 2019 Ms. Adele Gagliardi Administrator, Office of Policy Development and Research Employment and Training Administration U.S. Department of Labor 200 Constitution Avenue NW, Room N-5641 Washington, DC 20210 Re: DOL Docket No. ETA-2019-0007, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States Dear Administrator Gagliardi: The Northwest Horticultural Council (NHC) writes today to provide comment regarding the proposed rule published in the U.S. Federal Register by the U.S. Department of Labor (DOL) in Docket No. ETA-2019-0007, entitled Temporary Agricultural Employment of the H-2A Nonimmigrants in the United States. The NHC is a trade association that manages federal and international trade issues for the growers, packers, and shippers of apples, pears, and cherries in Washington, Oregon, and Idaho. Our growers produce approximately 67 percent of the apples (supplying 76 percent of the U.S. fresh market), 87 percent of the fresh pears, and 74 percent of the fresh sweet cherries grown in the United States. With record low unemployment, tree fruit growers in the Pacific Northwest are turning more and more to the H-2A program to secure the workforce they need to grow and harvest their crops in spite of paying a wage that is 25 percent or more above the state minimum wage plus benefits like housing and transportation. The number of H-2A workers brought to Washington state alone increased by a third in just one year, from just shy of 18,800 in 2017 to approximately 25,000 in 2018. The number has risen substantially again this year. In Oregon, the number of H-2A workers jumped sixty three percent between FY2017 and FY2018. Numbers are also increasing in Idaho. The H-2A program is in dire need of update. As it stands, the program is too expensive and overly burdensome for many growers and is at the risk of becoming even for current users. We appreciate DOLs efforts to improve this program. Enclosed are the NHCs detailed comments regarding the proposed rule. In conclusion, we once again thank DOL for the agencys efforts to improve the H-2A program and for the opportunity to provide comment on this proposed regulation. The H-2A program has become an increasingly critical tool for the growers we represent, and it is essential both that the program remain a viable option for those currently utilizing it, and that changes are made to make it more accessible to smaller growers who are also facing substantial worker shortages but cannot afford the costly requirements. In particular, we request your careful consideration of our comments on the wage requirements associated with the program. The changes proposed in this rule do not adequately address the underlying problems with the wage rates, which have already driven some of our growers (both H-2A and non H-2A) out of business a problem that seems to be only getting worse each year. Lastly, time is of the essence, and we request your prompt consideration of the comments provided so that the rule can be finalized in time for employers to familiarize themselves with the changes prior to submitting applications for the 2020 season. Sincerely, NORTHWEST HORTICULTURAL COUNCIL Kate Tynan Senior Vice President

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Abstract

The Department of Labor (Department) proposes to amend its regulations regarding the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This notice of proposed rulemaking streamlines the process by which the Department reviews employers’ applications for temporary agricultural labor certifications to use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2A status. Amendments to the current regulations focus on modernizing the H-2A program and eliminating inefficiencies. The Department also proposes to amend the regulations for enforcement of contractual obligations for temporary foreign agricultural workers and the Wagner-Peyser Act regulations to provide consistency with revisions to H-2A program regulations governing the temporary agricultural labor certification process.

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