Letter
Dear Secretary Rubio,
Producing America’s food supply is an expensive demanding and time-sensitive enterprise. For labor-intensive sectors of agriculture, particularly those producing fruits, vegetables, and other specialty crops that American consumers demand, the challenge is compounded by the lack of a reliable domestic workforce. To sustain domestic production and keep American-grown food in grocery stores, agricultural employers increasingly have no choice but to rely on the H-2A temporary agricultural worker program. Without these essential workers, crops go unharvested and operations face severe economic jeopardy.
The H-2A program remains encumbered by significant regulatory complexity. Before a single worker arrives, employers must navigate a multi-agency process involving various state agencies, the Department of Labor (DOL), the Department of Homeland Security (DHS), and the Department of State (State). When any link in this chain weakens, delays cascade across the system, imposing severe operational and financial consequences for growers and their workers. We respectfully request State take action to streamline your portion of the H-2A filing process by expanding interview waivers.
Our agricultural organizations are deeply grateful to the Trump administration for recognizing the realities of agricultural employment and taking decisive action. The Department of Labor’s Interim Final Rule (IFR) on the Adverse Effect Wage Rate (AEWR) restored economic rationality to H-2A wage requirements and is projected to save the sector $17 billion over the next decade. Its positive impact is already being felt nationwide, lowering costs for farmers that can result in lower food prices. The IFR provided renewed optimism to farms and ranches of all sizes.
That is precisely the situation now unfolding, and it threatens to undermine the administration’s efforts to improve the operation of the H-2A program.
DHS has undertaken a modernization effort by developing an electronic processing platform for H-2A users at U.S. Citizenship and Immigration Services (USCIS). We commend this initiative and appreciate the recognition that efficient, technology-enabled systems can better ensure government functions are performed faster and at lower cost.
However, technical issues with this process have emerged. As USCIS identifies and resolves these challenges, significant backlogs have developed. Because the H-2A system is sequential, once the delayed
cases become “unstuck” at USCIS, the bottleneck then shifts immediately to State, where resources are already strained.
Compounding these delays, State’s expanded screening of applicants with any driving-related duties has created severe processing backlogs at consulates. While our organizations fully support robust national security protocols, these broad administrative delays are preventing legal, vetted H-2A workers from reaching farms when they are needed most. Cumulatively, employers have incurred hundreds of thousands of dollars in costs for housing, food, and security as their workers wait in consular queues. As more employers begin processing workers this season, the strain will only intensify.
Fortunately, a proven and effective solution already exists: expanded visa interview waivers.
In 2020, the State Department under the Trump administration stated, “The expansion of interview waiver (IW) authorities since March 2020 has transformed the Department’s ability to process nonimmigrant visas securely and efficiently.”1 This framework enabled State to balance national security requirements, unprecedented visa demand, and limited resources. Both State and DHS have since affirmed that waiving in-person interviews for returning, previously vetted H-2A workers serves the national interest.
Applying these authorities to workers who have already been vetted, have previously worked in the United States, and who have a clean record would significantly reduce pressure on consulates while fully upholding national security standards and ensuring farmers have access to their critical workforce in a timely manner. We respectfully urge the administration to immediately authorize and maximize the use of interview-waiver authorities for H-2A applicants. We also encourage you to pursue other avenues of regulatory relief that will help ensure the timely processing and arrival of these critical workers. Clearing these processing backlogs is essential to ensuring that fields are tended, harvests are secured, and America’s food supply remains stable and affordable.
A functional, efficient H-2A program is indispensable to the success of American agriculture and to maintaining the United States’ position as a food-secure nation. We respectfully request swift action and stand ready to work with you to advance a solution that supports American agriculture and the consumers who depend on it.
Sincerely,
National Council of Agricultural Employers
American Farm Bureau Federation
Florida Fruit & Vegetable Association
North Carolina Growers Association
1 U.S. Department of State, A Plan to Address H‑2A Visa Application Renewals: Report to Congress (Aug. 19, 2024).
Northwest Horticultural Council
U. S. Custom Harvesters, Inc.
USA Farmers Association
American Beekeeping Federation
Agriculture Workforce Management Association (AWMA)
American Sugar Cane League
AmericanHort
Controlled Environment Agriculture Alliance
Federation of Employers and Workers of America
International Fresh Produce Association
Milk Producers Council
National Association of State Departments of Agriculture
National Cotton Council
National Cotton Ginners Association
National Grange
National Onion Association
National Watermelon Association
North American Blueberry Council
U. S. Apple Association
USA Rice
Worker and Farmer Labor Association (wafla)
New England Apple Council
Snake River Farmers’ Association
Valley Growers Co-Op Inc.
Western Growers Association
Alabama Nursery & Landscape Association
Arizona Nursery Association
Arkansas Farm Bureau Federation
California Citrus Mutual
California Farm Bureau
California Strawberry Commission
Colorado Farm Bureau
Colorado Fruit and Vegetable Growers Association
Colorado Livestock Association
Colorado Nursery and Greenhouse Association
Colorado Wool Growers Association
Florida Citrus Mutual
Florida Strawberry Growers Association
Florida Tomato Exchange
Georgia Fruit and Vegetable Growers Association
Georgia Green Industry Association
Idaho Farm Bureau Federation
Kansas Farm Bureau
Kentucky Farm Bureau Federation
Louisiana Farm Bureau Federation
Maine Landscape and Nursery Association
Maryland Farm Bureau
Maryland Nursery, Landscape, and Greenhouse Association, Inc.
Michigan Agricultural Cooperative Marketing Association
Michigan Asparagus Association
Michigan State Horticultural Society
Michigan Vegetable Council
Mississippi Farm Bureau
New Jersey Farm Bureau
New York Farm Bureau
North Carolina Sweetpotato Commission
Oregon Association of Nurseries
Oregon Farm Bureau
South Dakota Farm Bureau
Tennessee Farm Bureau Federation
Texas Agricultural Cooperative Council
Texas Citrus Mutual
Texas Cotton Ginners Association
Texas Farm Bureau
Texas International Produce Association
Texas Vegetable Association
Wyoming Farm Bureau Federation
Frederick County Fruit Growers Association
Ventura County Agricultural Association
Marsing Agricultural Labor Sponsoring Committee, Inc.
Washington State Tree Fruit Association
National Christmas Tree Association
Independent Professional Seed Association
Mountain Plains Agricultural Service
National Potato Council
Washington Winegrowers Association
New York State Horticultural Society
Grower-Shipper Association of Central California
Illinois Farm Bureau
Georgia Farm Bureau
Yuma Fresh Vegetable Association
Southeastern Cotton Ginners Association
The Minnesota Fruit and Vegetable Growers Association
The Minnesota Apple Growers Association
Ohio Farm Bureau
American Mushroom Institute
Arkansas Rice Growers Association
National Citrus Nursery Association
Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties
California Farm Labor Contractor Association
Florida Growers’ Association, Inc.
Idaho Hop Growers Association
Georgia Fruit and Vegetable Growers Association
Idaho-Oregon Fruit and Vegetable Association
California Association of Winegrape Growers
New York State Vegetable Growers Association
Utah Farm Bureau Federation
Michigan Farm Bureau
Illinois Specialty Growers Association
‘CC: The Honorable Lori Chavez-DeRemer, Secretary, U. S. Department of Labor
The Honorable Markwayne Mullin, Secretary, U. S. Department of Homeland Security
The Honorable Brooke Rollins, Secretary, U. S. Department of Agriculture
The Vince Haley, Director, Domestic Policy Council of the United States
The Kevin Hasset, Director, National Economic Council of the United States
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