The US Department of Homeland Security (DHS), with the support of the Department of Agriculture, has issued a temporary final rule to amend certain H-2A requirements to help agricultural employers “avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency.” Under the temporary final rule, which is effective immediately upon publication in the federal register, all H-2A petitioners with a valid temporary labor certification can start employing certain foreign national workers currently in valid H-2A status in the US immediately after USCIS receives the H-2A petition, but not earlier than the start date of employment listed on the petition.
If the new petition is approved, the H-2A worker will be able to remain in the US for a period of time not to exceed the validity period of the temporary Labor Certification. US Citizenship & Immigration Services (USCIS) is additionally temporarily amending its regulations to allow H-2A workers to stay in the US beyond the three-year maximum allowable period. The agency claims these temporary changes will “encourage and facilitate the lawful employment of foreign temporary and seasonal agriculture workers during the current COVID-19 national emergency.” This issuance of this final rules comes after the US Embassy in Mexico City and all US consulates general in Mexico suspended routine consular and visa services effective March 18, delaying additional farmworkers from applying for H-2A visas.
While many states have issued stay-at-home or shelter-in-place orders, farm and agricultural workers have been deemed essential workers and many have continued to work, despite the risk to themselves and family. There are an estimated 2.4 million farmworkers in the US, and approximately half are undocumented, BuzzFeed reports. “Some farmworkers are panicking,” Elvira Carvajal, the lead community organizer for Alianza Nacional de Campesinas in Florida, told Eater. “There are no safety measures, there are no benefits. Families can’t afford to pay for childcare. They’re leaving [children] alone at home or taking them to the fields and leaving them in their cars. This is very dangerous.”
Farmworker advocates are calling for more safety measures, increased benefits, and financial assistance for farmworkers. “We are very worried,” Teresa Mendoza, a farmer worker who lives in California and has worked in the agricultural industry for fifteen years, told BuzzFeed News. “I’m scared of getting sick. I don’t have any type of health insurance, anything to help me.” Still, she added: “I feel proud. I know that we are doing important work that is feeding the rest of the country. There are a lot of workers in the field. We are essential workers that this country needs.