Agricultural Workers

December 26, 2023

DOS Announces Extension of Interview Waiver for Certain Nonimmigrant Visa Applicants

In the nick of time, on December 21, 2023, the Department of State announced that it will continue its interview waiver policy for certain nonimmigrant visa applicants. The agency’s interview waiver policy was previously set to expire on December 31, 2023. However, its implementation will continue starting on January 1, 2024, and remain in place until further notice.

Following consultations with the Department of Homeland Security (DHS), the Secretary of State has determined that the following categories of interview waivers are in the national interest. Based on this directive, Consular Officers now have the authority and discretion to waive the in-person interview for:

First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:
- - Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and
  - Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

The Department of State reminds applicants who are renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date, that they will continue to be eligible for an interview waiver until further notice.

May 11, 2020

Republicans Urge President Trump to Restrict Immigration Further for New Petitions for H-1B Workers, H-2B Workers, OPT Students, and EB-5 Investors

by Jacob Sapochnick

On May 7^th just days after the President signed his controversial April 22^nd executive order limiting the immigration of certain aliens to the United States for 60 days, Republican senators rallied together to urge the President to pass more immigration restrictions—this time targeting nonimmigrant foreign workers.

Republican Senators Tom Cotton of Arkansas, Ted Cruz of Texas, Chuck Grassley of Iowa, and Josh Hawley of Missouri fired off an impassioned plea to the President asking him to suspend all new guest worker visas for a period of 60 days, and certain categories of new guest worker visas for at least the next year until unemployment levels have returned to normal.

In their letter, the Senators justified their request stating that, “the United States admits more than one million nonimmigrant guest workers every year, and there is no reason to admit most such workers when our unemployment is so high.” The letter continued “given the extreme lack of available jobs for American job-seekers as portions of our economic begin to reopen, it defies common sense to admit additional foreign guest workers to compete for such limited employment.”

The Senators praised the President for passing the April 22^nd proclamation but said that more needs to be done because guest worker programs “remain a serious threat to the U.S. labor market’s recovery.”

The Senators said that exceptions to the 60-day suspension should be rare and limited to time-sensitive industries such as agriculture and issued only on a case-by-case basis when the employer can demonstrate that they have been unable to find Americans to take the jobs.

December 12, 2019

House Passes Farm Workforce Modernization Act, Creating Path to Residency for Undocumented Agricultural/Farm Workers

by Jacob Sapochnick

The House of Representatives recently made a bold move that could give undocumented farmworkers a pathway to permanent residence.

Yesterday, December 11, 2019, by a vote of 260-165, the House passed the Farm Workforce Modernization Act, a progressive bill that if approved by the Senate, would create several exciting opportunities for undocumented farmworkers as well as U.S. employers.

What does the Bill propose?

The bill would allow existing agricultural workers in the United States to legalize their status through continued agricultural employment and contribution to the United States economy.

Which workers would be eligible for Permanent Resident Status?

Earned Pathway to Legalization

Individuals who have worked in agriculture in the U.S. for at least 10 years before enactment of the bill, must continue to work for at least 4 more years in agriculture on Certified Agricultural Worker (CAW) status before being eligible to apply for permanent residence OR
Individuals who have worked in agriculture in the U.S. for less than 10 years, must work at least 8 more years in agriculture on CAW status before being eligible to apply for permanent residence
- Applicants who qualify based on one of these criteria would be required to pay a $1,000 fine

In addition, the bill would:

Create a new temporary worker visa program for current unauthorized farmworkers called Certified Agricultural Worker (CAW) status. CAW visas would be renewable and five-and-a-half years in length. The number of CAW visas would be uncapped.
Establish eligibility requirements of the CAW visa.Unauthorized immigrants who have spent at least 180 days of the last two years in agricultural employment would be eligible for the Certified Agricultural Worker Visa.
With few exceptions, applicants must meet existing work visa admissibility requirements to be eligible and must pass a criminal background check.
Felons and those who have been convicted of multiple misdemeanors (two or more offenses of moral turpitude or three offenses in general) would not be eligible.