The current program, managed by all three agencies, is famously dysfunctional.
Farmers have to apply for workers about a month in advance, but the agencies often fail to coordinate their response in time for the harvest, which farmers can't always predict. At Hallstrom's farm, where tidy rows of tomato plants run almost to the ocean's edge, half of the 1,000 workers are in the H-2A program. (Nationally, about 60,000 H-2A applications a year are usually filed, compared with more than 3 million farm jobs to be filled. There is no cap on the number of H-2A workers allowed into the U.S.)
She remembers submitting an emergency request for H-2A workers one year and getting the visas 60 days later. She said the laborers spent two weeks pulling rotten fruit off the vines, and the farm lost $2.5 million. "Devastating," Hallstrom said.
Growers also complain about paying for workers' housing, transportation, visas and other fees. Harry Yates, a North Carolina Christmas-tree grower, estimates that his labor costs for H-2A workers are $14 an hour, compared with a competitor whose illegal laborers cost about $7.50 an hour. Like other farmers, Yates said using the H-2A program was an invitation to lawsuits from worker advocates and frequent government investigations.
"I understand why so many growers are afraid to use this program. It is too expensive, too complicated, too slow and too likely to land you in court," Yates said.