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The Bush Administration
instituted new rules that went into effect January 17, 2009 for the
H-2A Guestworker Program. This page contains
information on the H-2A guestworker program under the
previous regulations. For information on the program under the
new regulations please See our News on the New
H-2A program page.
The H-2A temporary foreign agricultural worker program
allows agricultural employers to hire workers from other countries
on temporary work permits to fill agricultural jobs that last ten
months or less. To bring in H-2A guestworkers, employers must first
show that they have tried and are unable to find U.S. workers to
meet their labor needs. Although the H-2A program includes
some basic requirements to protect U.S. workers from negative
effects on their wages and working conditions, as well as protect
foreign workers from exploitation, it has been criticized for
failing to protect vulnerable workers. For a more detailed
summary and critique of this version of the H-2A program, see our
H-2A Summary handout .
Adverse Effect Wage
Rate (AEWR)
The purpose of
the AEWR is to overcome and prevent depression in prevailing wage
rates. Although the new regulations governing the H-2A
program lowered the rates even further, Farmworker Justice believes
the rates under the old program were too low also.
Here's
a chart of previous AEWRs from 2000 to 2008.
For a summary of other
protections in the previous regulations governing the H-2A program,
see our
H-2A Summary handout.
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Top]
H-2A and
International Labor Rights
In February 2003,
Farmworker Justice filed a petition with the Mexican NAO asking the Commission to address the mistreatment of
H-2A guestworkers from Mexico employed in North Carolina
agriculture.
The North American Agreement on Labor
Cooperation (NAALC), also known as the "NAFTA labor side
agreement", requires each of the three trading partners (US, Mexico and
Canada) to effectively enforce their labor laws. For more info
on the petition, see our international
labor rights page.
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Resources
For a list articles, reports, and websites on the
H-2A please see our H-2A
Resources handout.
[Back to Top]
Please also
visit the AgJOBS and
Immigration Legislation section
for information about how the bipartisan AgJOBS proposal can reform
the H-2A program in ways that enhance and preserve workers' rights
while also helping out employers.
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