The perennial labor shortage in our state seems to be continuing, according to new numbers announced by the American Farm Bureau Federation earlier this summer.
Washington state moved from fifth to third in the nation in H-2A visa certifications for the first half of the year. Trailing Florida and Georgia, Washington hired 25,368 farmworkers through the foreign visa program through the first half of this year, which is about 9,000 short of the total number of workers hired in 2025.
The increase in H-2A hires follows a nation-wide trend showing the continued lack of farm labor. In 2024, just 182 people applied for 415,000 seasonal farm jobs, necessitating participation in the H-2A program. The H-2A farmworker visa program allows farmers across the United States to hire people from outside the U.S. to legally work here for up to 10 months at a time after a local labor shortage has been established.
Nearly coinciding with the H-2A hiring data, was the announcement from Congress that reforms for the federal program were on the horizon. The Securing Agriculture’s Workforce Act (SAWA) was released in June with proposed updates to the H-2A program. Among the proposed changes to the program are the following:
- Stipulating H-2A visas are for performing agricultural labor or services of a temporary nature only, removing the requirement that work must also be seasonal;
- Clarifying that “temporary” is in relation to the length of the job contract (a maximum of 350 days), rather than the underlaying nature of the work being done;
- Transferring authority to define “agriculture labor and services” to the Secretary of Agriculture, rather than Labor;
- Ensuring that a suite of additional activities, like controlled environment agriculture, forestry, aquaculture, and the “harvest” of livestock, would be eligible for the program; and
- Limiting disruptions to the food supply by providing an opportunity for existing unauthorized agricultural workers to gain access to the program if they are otherwise eligible and can meet the requirements (which include background checks and an in-person interview) of the H-2A program. A pathway to citizenship is not included.).
The act also proposes formal adoption of the new Adverse Effect Wage Rate methodology. The Adverse Effect Wage Rate (AEWR) acts as the de facto minimum wage for H-2A visa holders. The requirements for the AEWR are that its rates be set so that the presence of H-2A visa workers do not “adversely affect” local farmworkers. The language is vague, but the intention is for the AEWR to be set at or higher than the local prevailing farmworker wage to avoid making the hiring of H-2A workers more attractive than hiring a local workforce.
In 2025, new methodology was adopted to set the AEWR considering housing and transportation provided to H-2A workers by their employers but not provided to local workers. In many states, including Washington, the AEWR was adjusted downward, bringing the AEWR even with our state minimum wage after being, on average, $2-$3/hr. more in recent years.
The SAWA also proposes streamlining how the H-2A program is administered and eliminating paperwork redundancies and expenses. The H-2A visa program is a federal program. However, in many states including Washington, state agencies also have a part to play in certification of labor needs, housing inspections, and more. Beyond the paperwork, the typical cost to an employer of applying to hire an H-2A visa worker is $2,000 to $2,500 per worker. Streamlining the program from the application process at the federal level all the way through the state inspections would alleviate delays, missed deadlines, and additional costs.
As use of the H-2A farmworker visa program continues to increase in our state, proactive efforts to improve its function like the Securing Agriculture’s Workforce Act are good policy solutions that benefit both employers and employees. Washington state’s utilization of the H-2A program seems destined to grow as a local farm workforce continues to be a challenge. If we want to remain competitive, and renowned the world over, for our apples, cherries, blueberries, and other hand-picked specialty crops, we need to welcome H-2A workers and any changes that make hiring them more efficient and cost-effective.
