The Immigration Nerds podcast recently hosted firm attorney L.J. D’Arrigo to discuss H-2A visa news in the agriculture field.
L.J., Immigration Practice Group leader, joined host Lauren Clarke to discuss, among other issues, the rewritten wage floor for H-2A workers and the government clarifying dairy operations may, in appropriate circumstances, qualify for the H-2A program.
L.J. has previously wrote a legal alert on the Department of Labor (DOL) revising the methodology for determining the Adverse Effect Wage Rates (AEWRs) for H-2A nonimmigrant workers in non-range occupations across the United States. He tackled that issue on the Immigration Nerds podcast and said there are pluses and minuses to the change.
“From an employer side, wage relief is real and will matter because labor is one of the largest cost drivers in agriculture,” he said. “…at the same time, I would not describe it as an uncomplicated win. If wages fall too sharply, employers may face recruitment and retention issues, which a lot of my clients personally are experiencing.”
L.J. also has written a legal alert about the government clarifying that dairy operations now may qualify for the H-2A program, and that topic came up on the podcast.
“The reality is dairy is no longer automatically out to pasture, but dairy employers still have to prove temporary or seasonal need,” he said.
Listen to the full podcast to hear all L.J. had to say about the H-2A program.