Despite sponsoring only 8 percent of all H-2A jobs in 2020, growers’ associations play an important role in the H-2A program in that they bring in specialized experts to file for H-2A applications. Their contribution as a share of all H-2A applications filed was around 21 percent in 2020. Growers’ associations that file as such may move H-2A workers to the various employers participating in the H-2A application. However, the association and the participating employers may all
be held jointly liable for any legal compliance issues. 44 For this reason, some agricultural associations serve as a filing agent, and assist their members with application filing and compliance. 45 Whether using an attorney, agent or association, many employers require specialized help to apply for H-2A certification and rely on third parties to file on their behalf. In 2020, only 15 percent of H-2A certifications were filed by employers themselves (see Figure 19).
GROWER ASSOCIATIONS ACCOUNT FOR MORE H-2A JOB FILINGS THAN DIRECT H-2A JOB SPONSORING
H-2A jobs by filer type in the US, 2020 [%]
H-2A jobs by filer type in select US states, 2020 [%]
Number of H-2A Certifications
~25K
~39K
~210K
Individual Employer
17%
13%
24%
15%
14%
17%
Lawyer
19%
Agent 1
58%
45%
USA
23%
23%
6%
42%
50%
12%
21%
Growers Association
CA
FL
OTHER
1) Agents can be individuals or firms formed by ex- employees of Federal or State agencies administering H-2A programs or FLCs Figure 19: H-2A jobs by filer type Source: USDA, Roland Berger 43 The H-2A temporary agricultural worker program in 2020 | USDA 44 The North Carolina Growers Association and WAFLA serving the Pacific Northwest are examples of H-2A growers’ associations. 45 Western Growers and Florida Fruit and Vegetable Association, for example, act as filing agents for their members, and do not file as “growers’ associations.”
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