H-2A labor agreement signed with Guatemala

Safeguards will assist U.S. employers who utilize H-2A non-immigrant visa program to seek workers from Guatemala.

Jacqui Fatka, Policy editor

August 1, 2019

2 Min Read
H-2A labor agreement signed with Guatemala

The U.S. Department of Labor signed a bilateral cooperative agreement with Guatemala to facilitate increased transparency, accountability and worker safety in the H-2A non-immigrant visa program for temporary agricultural workers from Guatemala.

Agriculture Secretary Sonny Perdue said, “This move by the United States and Guatemala will allow for greater cooperation and will safeguard against disturbances in the H-2A visa program by protecting workers from illegal recruitment activity, providing our farmers with a stable, legal workforce.”

Through this agreement, the Guatemalan government will provide additional safeguards for temporary workers by certifying that labor recruiters are vetted and registered with their government. The agreement is intended to complement existing U.S. laws and strengthen the protections for U.S. workers as well as prospective Guatemalan H-2A workers by ensuring that Guatemalan H-2A workers are less susceptible to criminal actors and are not charged excessive fees as part of the H-2A non-immigrant visa program, potentially undercutting U.S. workers.

Additionally, these safeguards will assist U.S. employers who utilize the H-2A non-immigrant visa program to seek workers from Guatemala by providing additional transparency and accountability concerning foreign labor recruiters’ compliance with U.S. and Guatemalan law.

Related:Legislation transfers H-2A oversight to USDA

The H-2A non-immigrant visa program allows American agricultural employers to hire seasonal workers from 85 eligible countries after the U.S. employer demonstrates that there are not sufficient, able, willing and qualified U.S. workers available at the time and place of need and that the hiring of foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. All H-2A non-immigrant workers are vetted by the U.S. Department of Homeland Security and the U.S. Department of State prior to entering the U.S.

John Pallasch, assistant secretary of labor for the employment and training administration at the U.S. Department of Labor, signed the agreement on behalf of the U.S. government, and Gabriel Aguilera, minister of labor and social welfare, signed on behalf of Guatemala.

“President [Donald] Trump is dedicated to securing our borders while continuing to support America’s farmers and ranchers. The signing of this agreement with Guatemala further solidifies our partnership and engagement with our neighbors and commitment to solving the humanitarian crisis at our southern border,” Perdue said.

Related:Amendment offers dairy producers year-round H-2A access

About the Author(s)

Jacqui Fatka

Policy editor, Farm Futures

Jacqui Fatka grew up on a diversified livestock and grain farm in southwest Iowa and graduated from Iowa State University with a bachelor’s degree in journalism and mass communications, with a minor in agriculture education, in 2003. She’s been writing for agricultural audiences ever since. In college, she interned with Wallaces Farmer and cultivated her love of ag policy during an internship with the Iowa Pork Producers Association, working in Sen. Chuck Grassley’s Capitol Hill press office. In 2003, she started full time for Farm Progress companies’ state and regional publications as the e-content editor, and became Farm Futures’ policy editor in 2004. A few years later, she began covering grain and biofuels markets for the weekly newspaper Feedstuffs. As the current policy editor for Farm Progress, she covers the ongoing developments in ag policy, trade, regulations and court rulings. Fatka also serves as the interim executive secretary-treasurer for the North American Agricultural Journalists. She lives on a small acreage in central Ohio with her husband and three children.

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