Growers who depend on temporary guest workers for farm labor are praising recent developments related to the federal H-2A program.

Shelby County farmer Phillip Hunter chairs the American Farm Bureau Federation’s Ag Labor Issue Advisory Committee. He said a late summer decision by the U.S. Department of Agriculture (USDA) to discontinue the Farm Labor Survey (FLS) is a step toward stability for the essential program.

So is the Department of Labor’s (DOL) plan to propose a new calculation for the Adverse Effect Wage Rate (AEWR) early next year.

“For decades, the H-2A program has been mutually beneficial — filling the labor gap for agricultural jobs that may not be attractive to local workers, while providing guest workers competitive pay so they can improve the quality of life for families back home,” said Hunter, an Alabama Farmers Federation state board member. “In recent years, increased regulations and escalating AEWR requirements have hurt the farmers who utilize the program and the families of temporary workers.”

Under the Biden Administration, unreliable FLS data in AEWR calculations led to skyrocketing labor costs. In Alabama, the minimum hourly H-2A rate increased from $11.99 in 2021 to the current rate of $16.08, a 34% increase. Add to this the requirement that farmers cover housing and transportation costs, and Hunter said the program is becoming unsustainable.

USDA’s decision came on the heels of a Louisiana court ruling which vacated the U.S. Department of Labor’s (DOL) 2023 AEWR methodology rule. The Biden-era rule used the Occupational Employment and Wage Statistics survey, along with FLS, to apply permanent, non-agricultural wage data to seasonal farm jobs.

In August, the DOL gave notice it is rescinding a Frequently Asked Question which prohibited employers from filing a single temporary agricultural labor certification to hire H-2A workers after the first date of need. This follows the DOL’s June decision to suspend the misnamed “Improving Protections for Workers in Temporary Agricultural Employment in the United States” rule.

“We appreciate the Trump Administration for bringing common sense to the H-2A program,” Hunter said. “For the first time in years, we feel the government is listening to the farmers who utilize this program. We look forward to working with leaders to improve the guest worker program while ensuring a strong border.”