top of page

Why the H-2A Visa Program Is Central to America’s Food Security

  • Writer: Meagan Kirchner
    Meagan Kirchner
  • Oct 13
  • 2 min read

In a rare acknowledgment, the U.S. Department of Labor recently warned that immigration enforcement measures could jeopardize “the stability of domestic food production and prices for U.S. consumers.” The statement, buried in a Federal Register notice, marks one of the clearest official admissions that without foreign labor — particularly through the H-2A visa program — America’s farms face critical shortages.


The Tension Between Policy and Reality


The federal government’s own analysis recognized what growers have long known: American workers are not filling agricultural jobs in sufficient numbers, nor are they likely to. Farming remains one of the most physically demanding and hazardous occupations in the U.S., with historically low domestic participation rates.


Despite rhetoric suggesting the workforce could become “100 percent American,” the Labor Department’s documentation flatly concluded that “qualified and eligible U.S. workers will not make themselves available in sufficient numbers.” That shortage is not hypothetical — it’s measurable across the fields and greenhouses of California, Florida, Georgia, Washington, and North Carolina, which lead the nation in H-2A labor certifications.


A Program That Keeps Food on the Table


The H-2A visa program, created by Congress in 1986, allows U.S. agricultural employers to hire foreign nationals for temporary or seasonal farm work when no U.S. workers are available. In fiscal year 2024 alone, the program supported more than 390,000 certified positions. These are not abstract numbers — they represent the hands that harvest the fruits, vegetables, and grains that stock grocery shelves nationwide.


Without this legal channel, many farms would face impossible choices: scale back production, leave crops unharvested, or close entirely. The result would ripple through the entire economy — driving up prices, constraining supply, and undermining food security.


The Cost of Instability


Policymakers are walking a tightrope: tightening immigration enforcement while recognizing that domestic labor alone cannot sustain U.S. agriculture. The Labor Department’s decision to adjust H-2A wage calculations underscores this dilemma — an effort to give farmers relief amid rising costs, even as it stirs debate over worker protections.


Regardless of where one stands on wage methodology, the underlying message is unmistakable: agriculture depends on a lawful, reliable, and timely workforce. Interrupting that flow, whether through policy uncertainty or enforcement surges, risks far more than lost productivity — it threatens the affordability and availability of food itself.


Looking Forward


As the U.S. continues to balance labor needs with policy objectives, it’s critical to view the H-2A program not as a loophole or compromise, but as infrastructure — essential to maintaining the stability of one of the country’s most fundamental sectors.


The program’s challenges are real: wage volatility, administrative backlogs, and compliance burdens for both employers and workers. Yet its purpose is vital. Strengthening the H-2A framework — through clearer rules, timely processing, and consistent enforcement — will help secure both the agricultural economy and the nation’s food supply.


In short, the H-2A program doesn’t just support farms. It sustains America’s food chain from field to table.



Comments


Featured Posts

Recent Posts

Archive

Search By Tags

Follow Us

  • Linkedin
  • Twitter Basic Square

©2024 by Kirchner Law, PLLC Legal Disclaimers

Meagan Kirchner is the attorney responsible for this website. Practice Limited to Federal Immigration Law.

All Rights Reserved.

Disclaimer: Case results depend on a variety of factors unique to each case. Kirchner Law, PLLC does not guarantee or predict a particular result in any case undertaken by the firm. The material appearing in this website is for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. Although we have attempted to maintain the information on this website as accurately as possible, this information may contain errors or omissions, for which we disclaim any liability. This website is not intended to be advertising and the firm does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state.

The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Kirchner Law PLLC is not assessed with WCAG 2.2 level AA. Not assessed means that the content has not been evaluated or the evaluation results are not available.

bottom of page