1. Farm labor & Beyond
Dan Bremer
AgWorksH2, LLC

2. Challenge: Labor Force Participation Rate
Aging Workforce
Continuing Education
Disability Claims
Welfare ?

3. Challenge: Reverse Migration with Mexico
Jordan, M. (2015). Mexican Immigration to U.S. Reverses. Retrieved November 08, 2016, from

4. Growth in the H-2A Program
2011
2012
2013
2016
2017
% Change
Determinations
7,361
8,047
8,388
8,801
10,115
14.9%
Application Certified
7,000
7,845
8,118
8,297
9,797
18.08%
Positions Requested
83,844
90,362
105,735
172,654
206,156
19.40%
Positions Certified
77,246
85,248
98,821
165,741
200,049
20.70%
Data Courtesy of the Office of Foreign Labor Certification

5. The Ever-Changing Employer Landscape
Growing overall labor shortages will result in:
Increased labor cost
Labor-side leverage
Probability of growing regulation
Ultimate loss of ag-exemptions (See California OT)
Continued shift in how ag-business is done
Increased mechanization [productivity]

6. Labor Supply Options State Workforce Agency Mentor and Internships
Enhancement of Existing Workforce
Substitute Machines for Workers
Halfway House / Work Release / Prison Agreements
Internet and Social Media
Day Labor Sites
Telamon / Other Non Profits

7. Labor Supply Options Ethnic Newspapers / Local Newspapers / Radio
Ethnic Worship Venues
Word of Mouth
Join With Neighbors to Enhance Hours or Duration of the Job
Farm Labor Contractors

8. When All Else Fails Enter With Extreme Caution
H-2A Visa Program
Enter With Extreme Caution
Fundamentally Changes Your Operations
Be Prepared Well in Advance

9. H-2A Visa Program
Understand all the basic aspects of the H2A Visa Program
Contract with an Attorney or Professional Consultant
Housing: One year out, plan, start construction, finish, inspect
Record Keeping: One year out, plan, implement, test, routine procedures
Ownership: One year out, plan on what entity will employ the workers, what crops, where, time frame

10. H-2A Visa Program
Pay Plans: Six months out, plan on hourly, piece rates, state mandated piece rates, supervisors/rates
Transportation: Two months out, plan, purchase, inspect, set up monitor program

11. H-2A Visa Program
Corresponding workers: Six months out, plan, start hiring process, experience, productivity, bonus, benefits
Foreign Workers: Six months out, how many, who will find and hire, processing in their country, prohibited fee agreements
Periodic Monitoring: Prior to start of contract period, how to monitor records, transportation, hours worked, housing, training, other

12. H-2A Visa Program
Preparation for Audits: Ongoing, plan, record, systemic monitoring, record retention, training
US Department of Labor, Wage and Hour Division: When they Show Up, who will meet with them and answer questions, transportation inspection, housing inspection, records inspection, introduction to employees, final conference

13. Who Can Use H2A Individual Agricultural Employers
Farm Labor Contractors
Association of Agricultural Employers

14. H-2A Visa Program Highlights
Hire All Eligible Applicants – Local and Domestic
Job Qualifications, Experience
Workers Compensation
Corresponding Employment – Contamination
Salary – Bonus – Extra Pay
Record Keeping – Hours Offered – Pay Stubs
Pay the Adverse Effect Wage Rate
GA/SC/AL - $ MS/LA/AR – $10.73
FL - $ NC - $ VA - $11.46

15. H-2A Visa Program Highlights
Three Quarter Guarantee
Free Housing – Meals - Hotel
Free Transportation – On Farm – To USA/Return
Pay Recruitment and Processing Fees
Only Work for You
Transfers
Time Frames

16. Investigation Management
One Person to Deal with Government
Wherever They Go – You Go
Initial Conference – Housing – Transportation
Employee Interviews – Private but you introduce the government agents to employees
Records
Final Conference
BE PREPARED WHEN THEY ARRIVE

17. Congressional Help Do not leave final wording up to Washington
Congressman Buddy Carter Letters
Congressman Goodlatte Bill
Urge all agricultural interests around you to be involved
U.S. Apple Association is a sound source of information and advocacy

18. Media Relations Designate One Person to Speak to Media
Have Two or Three Topics / Stick to them
Do not Speak Bad of Local Workers
Say There Are Just Not Enough Local Workers to do the Work
Emphasize American Workers Who Benefit from Your Crops / Machinery Sales, Etc.
Do not be led into temptation

19. Questions?
Seminar