By Clint Thompson
A group of agricultural organizations, including the Florida Fruit and Vegetable Association (FFVA) and Georgia Fruit and Vegetable Growers Association (GFVGA), recently sent a letter to U.S. Secretary of State Marco Rubio. The letter focused on the current challenges with H-2A consular processing and what can be done to remedy the situation.
“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, the Department of Homeland Security and the Department of State,” the letter read. “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.”
Program Specifics
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. According to American Farm Bureau, more than 400,000 H-2A positions were requested in FY 2025.
The ag groups cautioned Rubio about technical issues within the processing system.
“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,” the letter added. “However, technical issues with this process have emerged. As USCIS identifies and resolves these challenges, significant backlogs have developed.”
Backlogs
The letter also focused on the State’s expanded screening of applicants with driving-related duties, which has created further 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,” the letter said. “Cumulatively, employers have incurred hundreds of thousands of dollars in costs for housing, food and security as their workers wait in consular queues.”
Solution Already Exists
The groups believe the strain will only worsen and the solution already exists: expand 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.’ This framework enabled State to balance national security requirements, unprecedented visa demand, and limited resources,” the letter read. “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.”