For farm families across the country, the issue of adequate labor is an ever-increasing problem. Finding domestic help seems to be a thing of the past in many areas,  and navigating a complex and expensive federal system to bring workers in from other countries is, well, complex and expensive.

However, as time passes since the current program, known as H-2A, came into existence in 1986, farm families have grown accustomed to the many rules that go along with the program, and continue to advocate for change where it is needed.

The U.S. Department of Labor (DOL) recently issued an update to the program which, among a long list of provisions, “provides clarity to employers and other stakeholders,” according to information from DOL.

That rule will go into effect on November 14, 2022, and it remains to be seen how much clarity will actually take place. But for farm families like Matt and Amanda Gajdzik, the program is essential to the success of their Shelby County farm, which consists of corn and soybean crops, a beef cattle operation, (cow-calf,) an apple and peach orchard with about 7,000 fruit trees, and an on-farm agritourism market.

“My family raised burley tobacco when I was growing up so, I’ve been around H-2A workers since I was a young child,” Amanda said. “So, I’m very familiar with it, and when my husband and I started farming, we had burley tobacco, as well and used H-2A labor for that.”

Even as the Gajdziks transitioned away from tobacco and more into their orchard business, they found that the H-2A program was still needed on their farm. They even continued to use some of those same workers. In fact, there are a couple of employees who have been with this family for more than 25 years and have brought their sons to the farm as a second generation involved in the H-2A program.

“For those who have been with us for so long, we know their work ethic, and we know the skills that they have continued to build over time,” Matt said. “We would love to hire American workers but there just aren't any willing to take these jobs. So, we've been able to have H-2A workers who are so essential to this farm.”

H-2A from a policy standpoint

As with any government program, there are rules to follow, guidelines to adhere to, and plenty of debate to go along with those regulations.

Ryan Yates, Managing Director, Government Affairs at the American Farm Bureau Federation (AFBF), said farm labor, or the lack there of, is an issue throughout the country for a number of reasons.

“Certainly, the last few years we've seen a number of disruptions to labor markets, not just domestically, but for our H-2A program workers who are coming from outside of the United States,” he said. “Impacts from the COVID pandemic disrupted travel, as well as program implementation which led to uncertainty for many growers and workers alike.”

Yates added that despite some of the issues that the H-2A program has had, it's still a very attractive program.

“I think the H-2A program is a critical tool for farmers who are looking for solutions to address ongoing labor availability problems,” he said. “And a program that farmers do enjoy using, especially when they have folks that can come back year after year.”

There have been many attempts over the years to statutorily change the H-2A program, none of which have made it to the president’s desk. The most current attempt is the Farm Workforce Modernization Act which has passed the House but has a number of shortcomings that Farm Bureau policy could not align with, Yates emphasized. 

“There are still some improvements we'd like to see made to this bill specific to wages, some legal liabilities, concerns about seasonality, E-Verify mandate and caps on the number of workers, for instance,” he said. “So, with that, we have shifted our attention to the Senate, and we've actively worked in a bipartisan way to try to get a bill introduced that could build upon the successes of the Farm Workforce Modernization Act and overcome its shortcomings in the Senate in a bipartisan fashion.”

Meanwhile, back on the farm

Unfortunately, time is of the essence in Congress as the mid-term elections will have an effect on what legislation will make it through the lame-duck session.

So, while the politics of the matter continue to play out in Washington, the farm families at home in Kentucky and across the country continue to utilize the program to the best of their abilities.

“We could not operate without the H-2A workers,” Matt Gajdzik said. “These workers take pride in what they are doing on our farm, and they want us to be successful. They really are like family to us.”

Kentucky Farm Bureau President Mark Haney said there are many things to remember when discussing the migrant worker program, often things that lawmakers may not always take into consideration.

“At the end of the day, it’s about the opportunities that exist in this country for these workers,” he said. “For the farm families, it’s about remaining in business on their farms, something many could not do without the H-2A program. And for the policy advocates, it’s about doing all we can to ensure government officials and lawmakers understand the issues both farmers and workers face so we can continue fulfilling food, fiber, and fuel needs now, and for the future.”