October 3, 2022

The Senate is working on passing an immigration bill called the Farm Workforce Modernization Act. This bill would help make more potential workers, such as H-2A workers, available to American farmers. However, the Senate has been working for over a year to reach an agreement. Unfortunately, one provision in the bill that the Senate has been unable to agree on would potentially allow workers to file lawsuits against their employers.

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) allows workers to file lawsuits against their employers if they believe their employer violated the law. However, this Act does not protect H-2A workers.

H2-A workers provide an essential source of temporary agricultural labor for farmers. The H-2A program allows employers who meet specific requirements to bring foreign nationals into the country for temporary agrarian jobs. However, the program is only for seasonal jobs lasting up to 10 months. This restriction makes it difficult for employers who want workers for agricultural industries such as dairy or livestock. These industries need workers throughout the year but have difficulty obtaining enough workers. Though the program only allows seasonal workers, the use of the program has still grown over time.

Because of the program’s growth, some issues have become more noticeable. For example, farmers who want to hire H-2A workers must submit an official request 60 to 75 days before the workers are needed. Additionally, there is a limit for long-term extensions and a three-month waiting period before an applicant can reapply for a potential extension.

This new bill would address some of the inconveniences of the program. For example, it would permit farmers who need year-round workers to obtain workers through the H-2A program. It would also give temporary foreign workers who meet specific requirements, such as having sufficient previous experience providing agricultural labor, an opportunity to apply for lawful permanent residence. The Act also gives H-2A workers the right to take legal action against their employers, which has caused difficulties in negotiating the bill.

This new bill would address some of the inconveniences of the program. For example, it would permit farmers who need year-round workers to obtain workers through the H-2A program. It would also give temporary foreign workers who meet specific requirements, such as having sufficient previous experience providing agricultural labor, an opportunity to apply for lawful permanent residence. The Act also gives H-2A workers the right to take legal action against their employers, which has caused difficulties in negotiating the bill.

Although there are many issues causing labor shortages for farmers, supporters of this bill believe it would help with these shortages. Regardless, whether the bill passes depends on whether the House and the Senate can come to an agreement.

For employers who do hire H-2A workers, it will be necessary to complete Form I-9. However, the frequently changing regulations and various documents used to complete this form often complicate it. Therefore, it is best to use electronic I-9 management systems to ensure complete and accurate records. These systems also guide personnel through the process and securely store the forms and accompanying documents.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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