By Timothy Sutton, Communications Editor

The California Board of Food and Agriculture met with labor experts from across the country last week in Santa Cruz, to discuss recent labor shortages. In the midst of the worst drought in fifty-six years, crops are being left to rot in fields across the country due to a lack of legally available agriculture workers. Ag-Vision, a progress report complied by the California Department of Food and Agriculture, highlights the devastating impact immigration laws have on the available agricultural labor force in the state:

An estimated 75 percent of California’s agricultural workforce is foreign-born, primarily in Mexico, and about half the workers are believed to be unauthorized under current immigration laws. Reform of those laws is needed to alleviate a shortage of farm labor that is putting stress on the harvest and processing of California’s crops, as well as to offer opportunities to those immigrant families who are responsibly seeking greater opportunity in America. In particular, mandating the use of E-Verify in agriculture could force California farmers to let go many of their employees without any realistic chance of replacing them.

The report also sites a number of state bills that propose immigration alternatives to the “cumbersome” H2-A. The Employment Acceleration Act, AB1236 (Paul Fong, D-Cupertino), prohibits state and local governments in California from forcing private employers to use E-Verify, except where required by federal law. The Agricultural Job Opportunities, Benefits, and Security Act (AgJOBS) introduced by California Sen. Dianne Feinstein (S. 1038) and Rep. Howard Burman (D-28thDistrict, Van Nuys), the bill represents a compromise between farm labor organizations and major agricultural employers. The bill proposes an “earned legalization” program enabling many undocumented farmworkers and H-2A guest workers to earn a “blue card” temporary immigration status with the possibility of becoming permanent residents. H.R. 2895, the Legal Agricultural Workforce Act and AB 1544, the California Agricultural Jobs and Industry Stabilization Program, authorize guest worker programs permitting undocumented aliens to work in the domestic agriculture industry and allows their families to legally reside in the state.

According to Feinstein, at least 84,155 production acres and 22,285 jobs have moved to Mexico. The current lack of available workers is evidence that the system in place, including the H2-A visa, is inadequate. The H2-A visa requires a lengthy approval process from both the Department of Labor (DOL) and United States Customs and Immigration Services (USCIS). Visa holders are eligible to work for a year, renewable for up to a three-year period, but limited to travel outside the country for a maximum of three months. Many of the visa’s requirements are difficult for employers to comply with, including the provision of standard housing, meals, daily transportation, workers compensation, and adherence to the fifty percent rule (maintain at least a 50% US workforce per availability).

Until state legislation is adapted to create a more reliable source of agricultural workers, employers should seek legal assistance to secure lawful seasonal laborers. For more information on how to secure visas, comply with E-Verify, and attract a secure and suitable workforce, contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.